DRIVER CHARGED

New Zealand Herald, Volume LXXVII, Issue 23591, 27 February 1940, Page 9

DRIVER CHARGED

DEATH OF CYCLIST A INTOXICATION ALLEGED COMMITTED FOR TRIAL. [ Pleas of not guilty, were entered, by a storeman, Cyril Bertrand, aged 32 (Mr. Kingston), when he was charged in the Police Court yesterday, before Mr. C. R. Orr Walker, S.M., with being intoxicated in charge of a motorcar in Ponsonby Road, and. bv negligently driving, causing the death of Edward John Campbell Finnigan, and also with failing to stop and render all practicable assistance to the injured man. The case for the police was conducted by Sub-Inspector Pender. Stanley Franklin, labourer, said that when driving a small van along Ponsonby Road on December 22 he saw a cyclist, who had been riding slowly along the road near the curb, signal that he was going to turn to the right. A small car which was following the van had nothing to. obscure the view of the cyclist. The car was travelling at about 34 miles an hour, and 1 witness heard no warning sounded by it. The cyclist crossed the road at an angltj and the small car reached him about the first tram line, hit the cycle and threw the rider to the ground. The car did not stop and continued toward the Three Lamps corner. Witness could not say if the driver had been made aware of the collision. 1 Medical Evidence % Dr. A. R. Johnson, a house surgeon at the Auckland Hospital, said he examined Finnigan on admission, and found him unconscious and smelling of alcohol. Finnigan died on December 31, death being due to cerebral lacerations and probably a fractured skull following an accident. Dr. T. H. Pettit said he examined accused at the central police station at 6.50 p.m. on December 22. Accused admitted having had drink. In the opinion of witness, accused was intoxicated and not in a fit state to be in charge of a vehicle, as his- judgment would be impaired by reason of the intoxication.

Constable D. Whitefield, of Ponsonby, said he was on duty at the corner of Ponsonby and Jervois Roads when his attention was drawn to the reckless manner in which a small maroon car turned into College Hill Road. Almost immediately after, a van stopped near him and took him in pursuit of car. Travelling down College Hill tire van's speedometer registered 50 miles an hour, and the distance from the car was not lessened. The car was stopped in Victoria Street, and accused was sitting behind the steering wheel. Accused said he saw a man on a bicycle and he had swung to the right 1:o avoid him. He had not felt a bump or heard the noise of a crash. Marks ok the car were consistent with a collision with a bicycle. Witness noticed that accused was intoxicated, and when taken to the watch-house he admitted taking .three handles of beer. , . "V Other Witnesses '

Lewis S. Bates, salesman, said he heard a crash, and then someone call out, "Stop that car." He saw a man falling on the tram linos and a car crossing the lines. In his van he followed the car along /Ponsonby Road to the Three Lamps. Witness then signalled to Constable Whitefield, and together they followed the car. Roy John Wilson, bricklayer, said that, when he was driving - along Ponsonby Road near. Picton Street, he saw a cyclist going in the opposite direction. He was riding a straight course and at a normal speed. Witness saw a small car follow the bicycle and pass it. The cyclist appeared to be thrown round the back of the car. Witness tried to attract the driver's attention' bj* blowing the horn, but he did not stop. Senior-Sprgeant Joyce said he. examined accused at the police station on December 22. He was flushed and unsteady on his feet. Accused said that lie was taking home a friend who was. drunk. He had seen si bicycle, but dodged it. Accused 'added that witness had no authority for keeping him there, and abused him considerably. Accused, who reserved bis defence, was committed to the Supreme Court for trial, bail being fixed at £150.;