MOTORIST NOT GUILTY.

New Zealand Herald, Volume LXVII, Issue 20709, 31 October 1930, Page 16

MOTORIST NOT GUILTY.

DEATHS IN COLLISION. EVIDENCE AS TO SPEED. COMMENTS BY THE JUDGE. [r.Y TEi.KcnAnr. —own co-respondent.] WELLINGTON, Thursday. Tlio jury (o-flny acquitted John Matthias Gamble, a motor specialist, who was charger! with manslaughter, or, alternatively, with negligent driving so as to cause, the death of Joseph Alfred Banks, a motor-cyclist, and his pillion-rider, Cicely Mabel Grigg, at Heretaunga in a collision on September 24.

A conflict o[ evidence as to llio visibility at Iho time of tho accident appeared to-day. Counsel devoted much time to their addresses to Uio jury, dealing with tho legal and human aspects of the case.

Rudolph Godfrey Anderson, a Wellington business man, who did not know Gamble until a few days ago, said lie was motoring from Napier. The visibility about the time of and near the scene of the, accident was not good. His. windscreen wiper was going tho whole time. Giving evidence, Gamble said he was an employee of General Motors (N.Z.), Ltd. lie had been employed by the company for four years and during the past two years had driven about 40.000 miles, lie knew (he Herclaunga lload very well and he calculated that he had driven over it about 2000 times. Attempt to Pass a Car. When he left (own on the evening of the accident (he r.ky was overcast and afterwards it was raining. His maximum speed on tho journey was 35 miles an hour. When ho approached tho bend near the new .St. Patrick's College he slackened speed. When lie had turned the corner he saw a car ahead going in tho same direction as himself. It appeared to slow down and witness pulled out to pass it. Ho could see nothing ahead. As he pulled out of tho road ho felt a thud and ho knew then he had hit something. Tho next thing he knew (hat remained sharply in his memory was sejing a bowser pump. His car mounted the kerb and crashed into a shop.

Witness was convinced that when ho put fiis font fui tlio foot I'inkc ho also [nit 11is foot on tlio accelerator. That had happened a few days before. He knew of others having done tlio same thing with tlio same make of cur.

Gamble, closely cross-examined by Mr. P. S. K. Macassey, Crown Frosecutor, said lie accounted for his car running into (.lie shop by the steering being damaged by the collision with the motorcycle. At no time before the accident did he sec any light. The Question ol Visibility. Mi'. 11. F. O'Lcary, for accused, stressed the gravity of the manslaughter charge. A man of good character, because of the happening ami the excitement of a few moments' forge;fulness, was charged with a criminal offence. He referred to the theory that another car was ahead of Gamble's and suggested that there were many reasons why this motorist might not come forward to give evidence. He drew attention to the evidence of had visibility and of the possibility that the cycle's acetylene lamp was insufficient Mr. Justice Blair, in summing up, said he agreed with counsel for the defence that if accused was found guilty on one count he must also be found guilty on the other. On the question of speed, the eviclenco of a Crown witness, the trafiic inspector who dealt with tho effect of speeds at corners, could ho disregarded. The Crown's main evidence as to speed was, therefore, that relating to skid marks and the translation of these into terms of miles an hour. Skid marks, however, did not necessarily fix accused's position on (lie road. After a retirement of 100 minutes (ho jury returned a verdict- of not guilty and accused was discharged.