MOTORING CHARGE

New Zealand Herald, Volume LXXII, Issue 22086, 16 April 1935, Page 10

MOTORING CHARGE

DEATH OF AGED MAN MINISTER SENT FOR TRIAL ACCIDENT ON A SUNDAY EVIDENCE FOR PROSECUTION A charge of negligently driving a motor-car in New North Road, Mount Albert, on February 24, thereby causing the death of Frederick Cossey, was preferred against the Rev. Dr. <T. J. North, appearing on summons, in the Police Court, before Mr. F. K. Hunt, S.M., yesterday. The proceedings occupied three hours. Senior-Detective Hall conducted the prosecution and accused was represented lay Mr. Sellar. Accused pleaded not guilty and was committed to the Supreme Court for trial. Bail of £IOO was allowed, with a surety for a similar amount.

The fatality occurred at the intersection of New North Road and Alexandra Avenue at about 10.50 a.m., as Mr. Cossey, who was aged 88, was crossing tho road toward the Mount Albert Methodist Church. Ho received injuries from which he died a few minutes after being admitted to the Auckland Hospital. Dr. E. F. Fowler, pathologist, of the Auckland Hospital staff, gave evidence that, in his opinion, death was duo to a fracture of tho spine and a rib, a rupture of the left kidney and generalised arteriosclerosis. Statement by Accused In a statement put in as evidence by Constable Snow accused stated he was proceeding to take a church servico at Avondale. "I was in ample time for the servico and was journeying with leisure," continued tho statement. "I was driving a new car and the brakes were in perfect order. I was following a car up the hill that leads to tho Methodist Church at Mount Albert. When I neared tho tramway centre pole at the crest of the hill I thought it was wise to pass the other car. The road ahead and to my right was clear, except so far as the centre polo may have hindered vision of a section of the road. I remember quite clearly drawing level with the other car. As I passed I surveyed its contents leisurely, for my speed did not greatly exceed his, and I remember seeing camping equipment in it. "Immediately I passed it my car ran down the old man. I caught no sight of him until he was hit, and then stopped the car instantly. The driver of the other car told me he had seen the old man and blown his horn. The old man apparently passed safely in front of the other car and did not reckon on another in an almost parallel position. My car was travelling at about 25 miles an hour, and the other would be doing a little less to allow me to draw ahead of him slowly. "I have never touched a person on the road with my car during the 10 years I have been driving. I regret unspeakably this sorrowful affair." Evidence Regarding Accident

Constable Snow produced plans of the accident. In evidence, he stated that the point where the impact occurred was between the two sets of tram lines at the Alexandra Avenue intersection. At a distance of 42ft. from the point of impact there was blood on the roadway between the two sets of tram lines. There were skid marks 3ft. 6in. apart and extending a distance of Oft. In the water-table opposite the blood marks there was the lower portion of a walking stick. Later witness was handed the remainder of tho stick by a bystander. Witness stated that shortly after noon on the day of tho fatality he was approached by accused, who asked if he could be of any assistance, and stated that he was on the way to the hospital to inquire about Cossey. An inspection of accused's car revealed dents to the front portion. The right-hand headlight was bent backward. At 3 p.m. the same day accused handed witness a typewritten statement and offered to answer questions.

Jean Pickering, a married woman, stated she knew the deceased by sight. Before crossing the road at the intersection he hesitated and let several cars pass. Accused's car, which was passing another car when Mr. Cossev was struck, was travelling between 20 and 25 miles an hour. The right-hand wheels of accused's car were on the inward tramline nearest the centre of the road. Witness found Mr. Cossey lying on his back and she immediately went to call a doctor. Cecil Murray Joll, motor driver, stated that as far as he could recollect accused's car was on the outward tramlines. Question o! Assistance "The overtaking car was in the centre of the road when it struck Mr. Cossey," stated David Millie Arnott Bodley, secretary. Witness stated that it appeared that Mr. Cossey rolled over and over down the road. So far as witness could say, accused rendered no assistance to Mr. Cossey. "I would go further and say that I did not see accused until shortly after noon," added the witness. Mr. Sellar: Are you not aware that accused went to make certain that doctors had been called?

The Magistrate: Tho witness says he did not see Dr. North at all. Mr. Sellar: I do not want the impression to go abroad that accused did not render any assistance. Tho Magistrate: This witness cannot prove that for you. "Every assistance was given to Mr. Cossey by those present," stated Joseph Stuart Caughey. "He was taken into tho church and there was some difficulty in getting a doctor." Questioned by tho magistrate, witness stated that he did not see accusod on the scene. No Comment By Coroner

"Accused gave every assistance," stated Mr. Sellar. "When he saw that Mr. Cossey was in the hapds of competent men ho went to tho church to see that a doctor was called." Evidence that ho saw Mr. Cossey fall from accused's car from near the righthand front door was given by Harold Owen William Bennett, chemist's apprentice.

The inquest concerning the death of Mr. Cossey was held concurrently with tho o,ther proceedings. As coroner, Mr. Hunt returned a verdict that death was duo to injuries received through being struck by a car driven by Dr. North. "As the case is going to the Supreme Court I shall make no comment as to whether there was negligence or not," said the coroner.