JUMP FROM CAR

New Zealand Herald, Volume LXXV, Issue 22955, 5 February 1938, Page 17

JUMP FROM CAR

GIRL'S ALLEGATIONS DRIVER ON TRIAL JURY FAILS TO AGREE INCIDENT AFTER THEATRE Three charges arising from an incident at Kawakawa on August 2o last, when D-ulcie May Squire, aged 18, jumped from a moving motor-car driven by accused, were brought against Kenneth Frank Bowden, manager of the Kawakawa Bakeries, in tho Supreme Court yesterday before Mr. Justice C'allan and a jury. The charges were of failing to stop after an accident, of failing to ascertain if the girl had been injured, and of failing to render assistance. Accused pleaded not guilty. Mr. Hubble represented the Crown and Mr. Trimmer, of Whangarei, appeared for accused. Offered a Bide Home Miss Squire said up to the time of the accident she had been employed as an usher at the Kawakawa Theatre. At about 10.45 p.m. on August 25 she left the theatre to go home and was walking along the street when a car pulled up and Bowden asked her if she would like a ride home, because he was going up tp the hospital. Another European was sitting in the froht seat and witness got into the back seat by herself. It was raining. At a place called Wyatt's Corner there was a turn-off toward her home and one up to Wliangarei. Accused took the wrong turning and so witness drew his attention to it. Accused said: " Oh, we're going places." Witness said: "Not with me," and opened the back door of the car to get out. Accused turned round and saw what she was doing and began to drive faster.

" Jumped Straight Out "

"So I just jumped straight out," said witness. She landed in a ditch, with her face in metal, but with water going over her. She did not move, because she thought accuse*might come back. Soon afterward the car returned, witness continued. Both men got out. " Mr. Bowden kicked me with his foot and said: ■ She's dead,' and the other num. said: 'No one saw her get in the car.' Then Mr. Bowden started the car and the other man walk ed up toward Wyatt's Corner. Mr. Bowden drove away." Witness said her arm was fractured and she was in hospital until Septeitnber 17. , To Mr. Trimmer, witness said she was positive she did not lose consciousness when she jumped out of the car. j " Frightened of Accused "

She did not jump up and run home, because she was frightened of accused, said witness. She thought if she pretended to be dead they would pick her up and take her to the hospital. If Bowden said he could not see her when h«i came back it was evidently because he had not known she kne.v he had come back. She jumped out because she did not intend to " go places " with tiro men, especially when one was married. Charles H. T. Wyatt, lorry driver, of Kawakawa, said about a quarter of an hour after he had gone to bed on August 25 he heard a woman's voice railing for her mother. At first he could not pee anything, but later- 'he found out who it was and went for her mother. When witness and Mrs. Squire were going back again they met the girl, who partly collapsed into her mother's arms. I

Statement to Constable Constable D. C. Muir, of Kawakawa, said that on August 26 he interviewed accused, who turned very white, askgd witness if the girl was seriously injured, and said he had not heard of it. Ho denied that the girl had been in his car. Later he admitted that she had been in the car, and that he had forgotten all about it, because the girl had jumped out after being.'in the car for about a minute. After getting the hospital corner he made a remark to Miss Squire. Getting no' reply, he turned round and was astftaished to find no one was there. His companion, a Maori, told liim she had jumped out. Accused said he drovd on * some instance, turned round, and drore back to look for Miss Squire. He coifld not Bee > heir, so drove back to Kawakawa. " More in Devilment " In a statement produced by witness accused said he thought it was more in devilment that he suggested going for a drive, and he did not think she would jump out. He. did not think she had been injured. He had five or six whiskies that night between 7.30 and 9 p.m. Witness had not been able to find accused's other passenger. To Mr. Trimmer, witness said there ~na.ii no difficulty in finding a stopping place on the road whero the accMent happened, but there might be difficulty " m finding a turning place, theire were such places. * * legal argument was heard Whether the.cose came within the section of the Motor \ ehicles Amendment Act. 1936. under which it was laid. His Honor said he proposed to direct the jury that there was in law a case tor. trial, but if accused was found guilty he woulcj consider stating a case for the Court of Appeal. Accused's Evidence

Accused m evidence said he admitted not taking the right turning. He did not see Miss Squire jump out. After not getting any word from her when ne suggested going for a drive, he turned round and found she was not there. The Maori told him she had jumped out. He drove about a quarter of a mile before turning round. He was drunk. When he turned round and camo back he did not see Miss Squire. He was not looking for her, and had not turned round to look for her, because he did not think she was hurt His Honor; You say that when she jumped out you thought that was all P That was the end?—l do. Accused said there was no truth in what Miss Squire said about hi« poking her with his foot. He thought she was hysterical, and had come to believe the story. Reason lor Denial To Mr.. Hubble, accused said when the constable saw him next day the constable did not montion any name, and he (accused ) linked up the question with two girls he had seen later. But they had not been in his car, and so he had denied that the girl had been in the car. It was only when the constable mentioned a girl jumping out of his car that he remembered the incident. After a retirement of four hours the jury returned with the information that they could not reach an agreemerits A new "trial was ordered for next />*?;• session, and accused was released on bail. His Honor stated a case for the • Court of Appeal, so that questa'caw lfcw could be discussed beforeths aft to o! th„ trial.