APPEAL FAILS

New Zealand Herald, Volume LXXI, Issue 21919, 1 October 1934, Page 9

APPEAL FAILS

KATE DON'S SENTENCE TERM MUST BE SERVED SEQUEL TC) FATALITY COMMENT BY JUDGES By Self graph—Press Association—Copyright (Received September 30, 5,5 p.m.) LONDON, Sept. 23 The appeal of the famous racing motorist Mr. Kaye Don against the sentence imposed on him after the fatality at the Isle of Man on May 29, has been dismissed. The sentence will run as from September 26. The Judgesi said they did not see that thero had been any miscarriage of justice. The Manx prison in which Mr. Don will serve his sentence holds only 30 men and 12 women prisoners. At present there are only six. Mr. Don will have light work and good food, and will not have to endure any hardships, A. sentence: of four months' imprison-, men-; was imposed o:a July 16 on Mr, Kay} Don, famous racing motorist, on a, charge of manslaughter, arising out of t tie death of his mechanic, Taylor, after an accident, on May 29. The trial was conducted at Douglas, Isle of Man, Accused was detained in. custody pending the lodging of his appeal. He was then released on bail. The accident occurred after a card party at Douglas. Accused decided to take his car, an M.G. Magnette, i.n which he was to have raced the followiig day, for a run. The car capsize* 1 after travelling along a narrow, win* ling road toward Laxey. Super-* ficia I injuries were suffered, by tho driv;r„ but his mechanic, Taylor, wan ser'uusly injured and died later. Both inej: lay unconscious for half-an-houi' before they wens discovered by a pat* rolling policeman. 1} ader cross-examination at the trial acci seel stated that when he went out he i [id not know that the sun bad set an ' lour before. Nevertheless, the even™ ing was light. He admitted that hs had neither lamps nor horn. Accused adn itted that he was travelling at a, r-pei d of 60 miles an hour at the time of -i he accident. He denied that he was careless, saying that when he attempted to ;ake the corner the car would nofj con e round.