LOSS OF MOTOR-CAR.

New Zealand Herald, Volume LXVI, Issue 20405, 6 November 1929, Page 14

LOSS OF MOTOR-CAR.

SUPREME COURT SEQUEL'.:

CHARGE OF MISCHIEF.

HEARING NOT COMPLETED. Tho circumstances of the destruction of a mokw-car at Nihotupu on Sept.emJior 15 weiw investigated before Mr. Justico Herd man in tho Supreme Court yesterday, whan Leo Matlievv Dvvyer, apod 27 (Mr. Sc.hramm), was charged with committing mischief by wilfully destroying a motor-car, valued at £95, tho proerty of tho Traders' Finance Corporation. Mr. Osburrie-iLilly, for tho Crown, said tho accused had been in possession of a motor-car which was not his and the evidence would go to show that either wilfully or recklessly he damaged tho car. .It was being purchased on the hirc-purchaso system by accused's family from tho Traders' Finance Corporation. They were behind with their payments and a threat had been made to seizo it.

Counsel said accused drovo tho car to Auckland from Nihotupu and on the homeward journey troublo developed. 110 tied up some of tho wires with a handkerchief, which ho afterwards noticed was burning. Accused asserted that at a bend in tho Forest Hills Road tho benzine pipe became blocked. Ho got out to find something to clear it with and while ho was searching the car ran backwards and plunged over a 60ft. or 70ft. bank. Tho Crown would ask tho jury to believe for various reasons that the car had been assisted over tho bank. Counsel said tho wiling system was found to have been manipulated in such a way that tho car was likely to havo caught firo after going over tho bank.

Purchase of the Car. The mother of the accused, Kathleen Dwyer, keeper of an accommodation house at Nihotupu, said that in November last she bought on timo payment a touring car for £95, giving her son £3O with which to pay a deposit. At the date of the accident there was still £SB to be paid on the car, which was insured for £IOO. Payments were about threo months in arrears.

William Weldon Young, accountant for the Traders' Finance Corporation, whose firm was financing the Dwyer's purchase, said the car was insured under a comprehensivo policy for £IOO. They gave tho Dvvyers ir/lil September 15 to pay the arrears. On the. morning after the accident Dwyer gave witness his account of it.

Leslie 'C. Atwool, insuraneo adjuster, said accused had told him that there were arrears on the car, but he did not know how much. There was a metalled and an unmetalled road to Nihotupu and accused chose tho unmetalled or summer road. When witness examined the car at tho foot of the hill a week later it was apparently all right. A Handkerchief Scorched. Handling an exhibit from the car, witness said an inner wire had been laid bare and doubled back on to tho outer casing of aluminium. A handkerchief had been knotted round the outer casing and had become scorched. Tieing a handkerchief round a wire which had been treated as this wire had been treated could only have the effect of setting the handkerchief on fire. He did not know who obtained possession of tho wreck. Witness declined to express an opinion on the condition of an exhibit shown him by Mr. Schramm, saying that it was only half a brake. He resented the suggestion that it was his business to find some reason for not paying out insurance. A description of the road at the scene of the accident was given by Gordon Philip Purchas, motor engineer. The marks of the car that went over showed no signs of skidding. Ho described the condition of the wiring of the car as he found it at tho foot of the hill. The car was in so bad a condition that it was impossible to examine it closely. Statement to Detective. Detective C. B. Packman said accused had said to him: "The circumstances are suspicious, but it was really quite an accident." Accused made a statement, in which he said he did all the repairs to the car himself and it was in good running order. It was really his car, although it was in the name of his father and mother. It was about 10 o'clock on Sunday evening when the car went over the bank. He had intended to arrange the financing of the car tho following day. Going into the witness-box, accused said ho went into Auckland on tho day of tho accident to arrange for a loan of tho money required for the car. In Khyber Pass on the way back ho noticed his lights were not good and ho rearranged tho wires. He fixed tho wires with a handkerchief in such a way that there was no further trouble with the lights. Later the car stopped and he found a blockage in the benzine pifje and cleared it.

Accused said he followed the Forest Hills Road because it had a better grade. At a bad bend in the road the pipe became blocked again and ho got out to find a stick to clear it. He noticed the car moving and jumped on the running board to stoji it with the hand brake, but he had to jump clear before ho could apply the brake. He understood the wreck of the car had been bought for £5. In cross-examination, accused .said he did not understand the wiring of tho far. lie did not think of taking the steering wheel when the car began to move.

The accused was still tinder crossexamination when the hearing was adjourned until this morning.