CHARGE AGAINST MOTORIST

Otago Daily Times, Issue 20701, 26 April 1929, Page 8

CHARGE AGAINST MOTORIST

ALLEGED NEGLIGENT DRIVING. SEQUEL TO GIRL’S DEATH. (Spkciai to Daily Times.) CHRISTCHURCH, April 24. A charge of negligently driving a motor car on March 31, thereby causing the death of Maureen Doris Mitchell, was preferred against John Boyd Clark in the Magistrate’s Court to-day, before Mr H. A Young, S.M. The inquest on the death of Miss Mitchell was held in conjunction with the hearing of the charge. The case arose out of the collision of a motor car with a post at the Clock Tower intersection in the early hours of Sunday, March 31. Miss Mitchell, who was in the car, died shortly after the collision. After several witnesses had been heard the indictable charge and the inquest were adjourned until II a.m. next Monday in order that the police might bring from Creymouth two witnesses who would give evidence as to the speed of the car. Mr C. S. Thomas, with him Mr J. D. Hutchison, appeared for the accused, and Mr M. J. Gresson represented the relatives of the deceased. Detective Sergeant .Young conducted the proceedings on behalf of the police. Dr Shand, house surgeon, said that when Cecil Spencer Feiilington ajid Miss Mitchell were admitted to the Christchurch Hospital, Fenlington had a comSound fracture of the left arm. Miss litchell was dead. She had a small wound on the right temple. In witness’s opinion the girl had a broken neck. In evidence, Fenlington, a solicitor, stated that his recollection of the night of the accident was that at 0.7 a.m, he was in the annexe lounge at Dixieland. He did not remember getting into the car. His next recollection was when he recovered consciousness in hospital. The magistrate: Is there any sugges,tion of liquor? Detective Sergeant Young: No. The magistrate (to witness) Were all the members of the part sober? Witness: Yes. Nora Balderstou Rich, a single woman, stated that she was sitting next the accused, who drove the car, and Miss Mitchell sat on Penlington’s knee next to her. Witness said that the car was on its correct side of the road. It was a very wet night. Just before the collision three men walked across the street, hut she did not think that the men were in the way of the car, nor did she notice the speed of the car. The driver’s view would not have been obstructed. After the car struck the post it turned completely round. Harry Lester Roberts, a labourer, stated that he was near the scene of the accident. His attention was attracted by a motor car coming along High street. He thought the car was going too # fast. Witness believed that the car was going to travel down High street, when _ suddenly the driver took a wide turn into Manchester street and crashed loudly into the post. Witness could not swear to the speed of the car, but' it was travelling very fast. David James Hawtin, porter at the Clarendon Hotel, said that he was crossing Manchester street, walking in the direction of the square, when bs noticed the approach of a motor car. the horn of which was being sounded “ pretty furiously.” The speed of the car was excessive. Witness could not give a definite estimate of the speed, but the pace gave the impression that the driver intended continuing along High street. It then took a wide turn. The car was going too fast. The brakes must have been put op, for e the car developed a skid which swung it completely round. The machine was about 25 feet away from the post when it stopped. A young man and woman emerged from thq car unhurt. Witness did not see any other cars about. Constable Simmonds said he heard the crash and found the deceased and Penlington lying unconscious on the road. There was another car on the scene when witness arrived. Following questions by the magistrate regarding the second car, Mr Thomas said that though other witnesses had said nothing of it, it was concluded that the accused was blinded by the head lights of the other, car coming down High street and had then made a turn into Manchester street. Constable Wilson produced a statement which the accused made at about 2 a.m. on the Sunday. The accused, a wool buyer, said that when approaching the Clock Tower corner the speed was about 18 miles an hour. The accused sounded the horn and was blinded by the lights of a car approaching alon" High street. The next thing he knew was that he struck something which he later learned was a .post. He got out of the car and helped those who were hurt. He had a driver’s license, but was not in possession of it at tue time. Detective Sergeant Young said that that was all the evidence to be called at present. The police had just that morning received word that two witnesses as to the car’s excessive speed had been located in Creymouth. If it was considered by the court that there was sufficient evidence to commit the accused to the Supreme Court for trial the police could give, notice of the callin'* of further evidence. On the other hand, if a prima facie case had not been made out, the police asked for an adjournment to allow the two witnesses at presept in Creymouth to give evidence. “No jury would convict on the present evidence,” said Mr Thomas. An adjournment until l! a.m. next Monday was granted. The accused was allowed bail in his own recognisance of *SO.