MOTORIST'S TRIAL

New Zealand Herald, Volume LXXIII, Issue 22412, 7 May 1936, Page 15

MOTORIST'S TRIAL

DEATH OF OLD MAN charge of negligence STREET CORNER ACCIDENT CASE FOR THE CROWN Charged with negligently driving a 'motor-car so as to cause the death of John William Beeston, aged 69, John Reginald Smith, a company manager, igfood trial before Mr. Justice Fair in 'the Supreme Court yesterday. The accident occurred at the intersection of Jilanwkau Road and the Great South Pond at about 8.50 on the night of Feb mart 2.'?. and Beeston died at the •Auckland Hospital early -on the morn:ing of February 25. The Crown Prosecutor, Mr. V. R. Jleredith, appeared for the Crown, and the accused was defended by Mr. ginger and Mr. Bryce Hart. In opening Mr. Meredith drew attention to /the dangerous nature of motorTphicles and the consequent responsibilities resting upon those in charge of 'them. In this case, he said, there must ] ia ve been a failure to keep an adequate lookout from the car. The evidence would be that there must have been ample opportunity to see the •old man. The injuries he suffered included a fracture of tho skull and lacerations of the brain, and 16 broken ; ribs, nine on one side and seven on 4he other. It would appear that the ■car stopped later, not through any action of the driver, but because it |could not go any further on account •of the damage done to it in the collision. Accident Described

Major Alfred Mark Perry, Salvation lArmy Samaritan officer in charge of the men's industrial home at Epsom, of which the deceased was an inmate, said Beeston had good sight and health and was fairly active for his age. An eye-witness of the accident, Archibald Gibson, said thd car approached at a speed of 30 or 35 miles an hour. He saw a man about three ;feet in front of the car. The man stepped back suddenly but the car j6werved to the right and struck him. He was carried for several feet on the radiator, then fell under the front wheels and rolled underneath the undercarriage, and then the back wheels passed over hi in. The car checked, but gathered speed again and went off down the road, making loud back-firing until it came to a stop about 300 yards away. The night was clear and fine and there was no other traffic. This corner was well lighted. Several witnesses said they had had their attention attracted by* the noise •of the impact. Constable J. Reilly said his attention ■R as attracted by the noise of a collision :and a woman's scream. When he went to the car he found no one in it. There were two bottles of beer wrapped up in it, but it was not suggested thev had •anything to do with the accident"

A delivery man emploved by the accused, A. E. Thorpe, said the accused had come to him that night ,about 9.15 and told him he had struck a man. He asked witness to get th 6 van oat and take him to the police station. Accused was very shaken. Witness drove him with a solicitor to the ! police station. There was no sign of lliquor about accused, whose car was a noisy one, and sounded more like an ioeropJane. Passenger's Evidence W. McD. Fairley, labourer, who had been a passenger in the car with the accused at the time of the accident, said his attention was first attracted by a bump and a hat flashing over the right mudguard. Accused said he had hit a man, and witness said, "Pull up." The car stopped about 200 yds. away. Accused asked a man for the use of a telephone, but he did not have one. At accused's request witness went back to the scene of the accident, after walking round a block. A doctor, police and others were there. Witness did not speak to the constable, who was making inquiries, and gave no information. To Mr. Singer, witness said accused's car was a noisy one. After the accident accused was in a state of panic and did not realise what he was doing. A serious accident witness had had a little while before had made him nervous.

A representative of the city traffic department said the corner was considered one of the best lighted intersections in Auckland.

Constable W. A. T. McGuire, who is also a motor mechanic, described the damage done to accused's car and the results of a test he had made. The damage caused the car to backfire loudly and stop after about 200 yds. The hearing was adjourned until this morning.