BOY CYCLIST'S DEATH

New Zealand Herald, Volume LXXI, Issue 21758, 24 March 1934, Page 13

BOY CYCLIST'S DEATH

MOTORIST BEFORE COURT CHARGE OF NEGLIGENCE COMMITTAL FOR TRIAL [FROM OT7R OWN- CORRESPONDENT] HAMILTON, Friday A fatal collision at the corner of Naylor and Firth Streets, Hamilton East, on February 13 had a sequel in the Hamilton Police Court to-day, .when Ivor George Bryan, a commercial traveller, aged 27, was charged»with negligently driving a motor-car and causing the death of Cyril Alexander Hyslop, a boy of 16 years. Deceased and a companion, William Edward Watkins, aged 13 years, were riding a bicycle at the intersection when they were involved in a collision with accused's car. Hyslop died two days after the accident and Watkins had his left leg broken. Senior-Sergeant Power prosecuted, Mr. J. F. Strang represented accused, and Mr. H. A. Swanbrick appeared for relatives of deceased. Statement to Police Constable H. M. Kirby said the accident occurred at 5 p.m. When accused was questioned he could not point out the exact place where the impact occurred. Witness produced a statement signed by accused. In this he stated that he was driving a five-seater sedan car from Cambridge into Hamilton along Naylor Street just before the accident. He was travelling at under 25 miles an hour. He saw the boys emerging at a right angle from Firth Street; and slackened speed to 12 miles an hour to give way to them. The boys hesitated and he assumed that they intended to give way to him. He then accelerated and swerved to the left. The boys turned to their right and the collision occurred. In his statement accused attributed the collision to the boys' hesitation when about to cross the intersection. Accused said his failure to stop promptly was due to his action in protecting his face -from the flying glass. Dr. 31. M. Hockin, superintendent of the Waikato Hospital, said that Hyslop died on February 15 from a fractured skull. Evidence that he saw the boys approach the intersection was given by the Rev. J. Dennis. Accused's car ap!)roaclied from the east. It was on the eft side of Naylor Street. It seemed to witness that the boys were on the centre of Naylor Street when the collision occurred. The impact was severe and Watkins was thrown into the air. Witness had no recollection of the cycle changing its direction. Another Witness' Evidence A passenger in Mr. Dennis' car, Miss Ena Wright, said she saw the two boys cycling along Firth Street. Hyslop was pedalling the machine and Watkins was sitting on the bar. The boys were on the left side of the road. Before the collisioh she saw Hyslop apply the bicycle brakes and pause. He then pushed on. She saw the car accelerate its speed at the intersection. William Edward Watkins said he could recall nothing in connection with the accident in which he and Hyslop were involved. : ~ Mr. Strang submitted that on the facts deduced there was not sufficient evidence to warrant accused being sent for trial. Accused's own statement was confirmed in many particulars by the police witnesses. Miss Wright said the boys halted and then went on. She also noticed that the car accelerated to avoid them. The magistrate, Mr. F. W. Platts, said it was not the duty of the Lower Court to try the case. In his opinion a prima facie case had been established. It was clear that the defendant should not have approached the intersection at the speed lie did. . * i Accused was committed to the Supreme Court at Hamilton for trial. Bail was allowed in accused's own recognisances. Sitting as coroner, Mr. Platts postponed his verdict with respect to the cause of Hyslop's death.