MOTORIST GUILTY

New Zealand Herald, Volume LXX, Issue 21414, 11 February 1933, Page 14

MOTORIST GUILTY

CHARGE OF NEGLIGENCE SEQUEL TO FATALITY REMANDED FOR SENTENCE The trial of John Isidor Weingott, aged 32 (Mr. Goldstine), on charges of negligently driving a motor vehicle in Mount Eden Road on August 18, 1932, thereby causing the death of Henry Lloyd Dartnall, an elderly man, and in the same manner Causing bodily injury -to his wife, Sarah Brookholding Dartnall, was concluded before Mr. Justice Smith and a jury in the Supreme Court yesterday. Mr. Hubble prosecuted. Accused, in evidence, said he was a dry cleaner by occupation. He had driven a motor-car for seven years and had never previously been involved in. an accident or Court proceedings. At the time of the accident witness was driving carefully at a. normal speed and the first indication he had that anything was wrong was when he felt a dragging movement. He applied the brakes of his car and pulled up alongside the kerb. He had not seen anybody crossing the road, nor had he noticed a tramcar stop on the outward track. Upon alighting from his car witness learned that two people had been injured and he immediately telephoned for an ambulance and for the police. He also rushed to a. doctor's house in the vicinity, but the doctor was not in. Witness received a tremendous shock and since the accident had not been very well. " I wish to assure the gentlemen of the jury that I am speaking the truth and that I have never spoken anything but the truth," said witness while lie was being cross-examined by the Crown Prosecutor as to alleged slight discrepancies between his evidence and a signed, written statement made to the police. Witness then collapsed in a faint. After he had recovered, witness was asked- by His Honor what he was doing that he failed to see pedestrians and vehicles on the road. "I was driving in the usual manner," replied witness. "I had no occasion to hurry and my mind was not disturbed. I was keeping a careful look-out as usual." Mr. Hubble: We want to find out why you did not- see the tramcar. Witness: I have a perfectly clear conscience. I have suffered a lot and nobody regrets what happened to Mr. and Mrs. Dartnall more than I. Mr. Hubble: I quite appreciate that. In addressing the jury Mr. Goldstine said pedestrians as well as motorists had a duty to exercise extreme care. He submitted that.Mr. and Mrs. Dartnall failed to take proper precautions. His Honor, summing-up, said that in the event of both parties in a collision showing negligence, the negligence of the one did not. excuse the other. After a retirement of two hours 20 minutes the jury returned a verdict of guilty, with a strong recommendation to mercy. Weingott was remanded until Monday for sentence.