CITY FATALITY

New Zealand Herald, Volume 82, Issue 25347, 31 October 1945, Page 9

CITY FATALITY

CAE DRIVER ACQUITTED TRAM PASSENGER'S DEATH The trial of James Robert Farquharson, tally clerk, aged 34 (Mr Trimmer), on a charge of negligently driving a motor-car so as to cause the death of Milford Clayton Asselstine was concluded before Mr Justice Cornish yesterday. The accident happened at tho foot of Victoria Street West on the morning of June 20. Accused was driving a motor-car toward the city behind a tram from which deceased had just alighted when lie was struck. Mr Cleal, who conducted the prosecution, had closed the case for tho Crown on Monday. James Charles Ellis, who had been waiting at the Beaumont Street stop to board the tram, said that tho tram did not stop at the shelter, and accused's car was about three or four car lengths behind it. As the tram went on past the stop the motor-car accelerated to between 20 or 30 miles an hour and was overtaking tho tram. Everything happened at once. Tho tram stopped and a man got suddenly olf. Tlie motor-car was braked, skidded, and struck tho man. His Honor said he would direct tho jury that it could not bo regarded as negligence in tho circumstances for the driver to brake. Comments oi the Judge Another eye-witness of the accident, Miss Jessie La vis, said she did not see the motor-car until the tramcar, stopped. Then she saw it turn round in front of the tramcar. It seemed as if tho tram and the motor-car stopped at the same time. His Honor said that everybody agreed that the tramcar had gone three lengths past tho stop. The Crown case was that it had stopped there for an appreciable period of time. The motorist drove on, assuming that the tram would move on before he overtook it. The defence theory was that after the tram had passed the stop at a considerable pace tho motorist thought the road clear and accelerated to 25 or 30 miles an hour. When the tramcar pulled up suddenly accused found himself faced with an emergency. If the jury thought that was or might he the true theory they would acquit the accused. Recommendation by Jury

Aftec a retirement of two hours and | three-quarters the jury found accused not guilty and added a recommendation for the more strict enforcement of the rule that tramcars stop only at authorised stopping places. The foreman said the jury held the view that that protected the public and motorist also. His Honor remarked that of course emergencies might occur, and the foreman said they had considered that. In discharging accused, His Honor said he supposed he need hardly tell him that it would be wise for him in future when driving to keep an eye on a tramcar in front of him. SUGAR THEFT CHARGE BLACK MARKET DEFENCE COMMENT BY THE JUDGE A motor-driver, Trevor Albert Marchant, aged 33 (Mr Trimmer), was tried before Mr Justice Cornish yesterday on a charge of stealing 16 bags of sugar valued at £ls 10s, the property of Fairbairn, Wright, Ltd. Mr Cleal conducted the prosecution. A storeman in the employ of Fairbairn, Wright, Ltd., Maurice George Jenkins, said apcused had driven to the firm's store in a lorry with a load of sugar. The delivery docket showed 144 701b bags of sugar, and he checked the load over, finding 144 bags. Accused offered to assist him in unloading, and after a time said that all the bags had been delivered and the remainder on the truck were for someone else. It was impossible then to check the position, and witness accepted the statement and signed the docket. Later in the afternoon the firm's sugar stock was twice checked over and a shortage was found.

Detective A. (J. B. Wade produced a statement by accused in which he said he had collected 16 bags of sugar that afternoon at a place he declined to* disclose for a man he declined to name and had. delivered them to him. He had delivered 144 bags to Fairbairn, Wright, Ltd. No evidence was called for the defence. Mr Trimmer submitted that accused had been engaged in handling black market sugar. His Honor said the jury might think —and this was no reflection on counsel putting it forward —that this defence was about the most impudent and contemptuous of the Court that they could well imagine. What a godsend this black market would become to thieves if they could always put it forward in such circumstances. If the jury thought the story of the black marketeer was "all poppycock" they would convict accused.

The jury disagreed after a retirement of four hours and a new trial was ordered.

POSSESSION OP PISTOL FINE OF £5 IMPOSED Charged with unlawfully having a .32 Colt automatic pistol in his possession, Allan Barrie Reid, aged 22, clerk (Mr Aekins), appeared before Mr F. H. Levien, S.M., yesterday. A plea of guilty was entered. Senior-Sergeant Munro said that when interviewed by the police at Birkenhead accused stated he had lost the pistol on the beach, but later he admitted hiding it under the flooring of a shed. He said he had obtained it from a friend whose identity he refused to divulge. Accused had previously been before the Court. Mr Aekins said accused had no ammunition for the pistol. Efe had obtained it from a friend who had been on active service in the Pacific. "He doesn't appear to me to be the type of man who should havo a weapon of any description." said the magistrate in imposing a fine of £5 and making an order for the forfeiture of the pistol. MILKMAN'S ACQUITTAL NEGLIGENT DRIVING CHARGE (P.A.) WELLINGTON, Tuesday After a retirement of 30 minutes a jury 'in the Supreme Court today returned a verdict of not guilty on botb counts of the indictment against Harry Roger Eggers, milk roundsman, arising from t\ie death of a boy, Francis Henry Haywood, when a milk lorrv overturned on the Houghton Bay Road on August 8. The charges preferred were of negligently driving a motor-lorry thereby causing the death of the boy, and of committing manslaughter by omitting without lawful excuse to perform or observe the legal duty upon him to take reasonable precautions against and to use reasonable care to avoid such danger, thereby causing the boy's death. The case was heard by Mr Justice Johnston.