GRAND JURY DISAGREES.

Otago Witness, Issue 3899, 4 December 1928, Page 8

GRAND JURY DISAGREES.

AN UNUSUAL POSITION. HAMILTON, November 27. An unusual position occurred in the Supreme Court to-day, arising out of a disagreement by the grand jury. Andrew Ernest Randrup, of Matamata, a farmer, whose motor car collided with a train with , fatal results to two passengers— Mrs Toi Rawhire and her infant (laugh? ter—-came before the court charged with negligent driving, thereby causing the death of two persons. Twenty-one jurymen were empannelled. As fewer than 12 voted lor a true bill, Mr Justice Blair found no bill. Describing the case in his charge to the grand jury his Honor said that Randrup had driven two Maori women and a baby to Matamata to see a doctor and was returning home with them. There was a belt of trees near a crossing, obstructing the view to some extent. A special express train went through the station at Matamata at 40 miles an hour. At this rate the train would take 10 seconds to reach the cross? ing from the point at which it was ob? scored by the trees. By statute there was an obligation on motorists to approach the crossing at not more than 10 miles an hour and stop before actually crossing. Certainly the rule about stop? ping was usually broken, but it was speci? finally laid down that this must be done, As the grand jury had only to decide whether a prima facie case had been made out it would probably have no difficulty. The grand jury retired at 10.30 a.m., and returned at 3.30 p.m., having beep unable to agree. His Honor discharged Randrup.