EXCESSIVE SPEED

Pahiatua Herald, Volume XXXVIII, Issue 11401, 21 March 1930, Page 5

EXCESSIVE SPEED

COLLISION AT INTERSECTION CAR DRIVER FIXED. A young man from Waipukurau, Alfred Bennett, answered a charge by the police in the Pahiatua Magistrate’s Court yesterday that, on March ith, 1931), he did drive a motor car across the intersection of Albert Street and Mangahao Road (at a speed which, having regard to the circumstances of the case, was dangerous to the public. On the Bench was Mr J. Miller, S.M., and - associated with him was Mr Eric AA hitcombe, a newly-appointed J.P. tor this district. Mr J. A. Nome, of Takapau, appeared for the defendant and enter-,, «d a plea of not guilty. EARLY ON THE SABBATH MORN. Constable F. Burrell said that in "the early hours of a Sunday morning on the date of the information, a serious collision occurred 'between two cars, one driven by defendant and .the other by Spackman, at the corner by the late Mrs Baxter’s “ Willowbank” boardinghouse. The defendant was driving a Nash car and was accompanied by J. Cornford and two young ladies. They were coming from the direction of the baths along Albert Street and at the Mangahao Road intersection crashed into the side of a Chevrolet car driven by P. R. Spackman, of .Mangamaire, who> was returning home from V oodville, and was crossing the intersection at a speed of not more than 15 miles per hour. “IN A FLASH” IT HAPPENED. Percival Rhodes Spackman, employed by the P.AY.I). at Mangamane, said he was driving a threeseaier Chevrolet and was accompanied by Raymond Stillwell. He had been to Woodville to see his relatives and left to return to Mangamaire at about midnight on Saturday. A\ hen he reached Baxter’s corner it was about ope o’clock in tile morning. He was ‘travelling on his left-hand side at about 15 to 16 miles an hour and was crosstrig the intersection when the lights of the other car loomed up on their right, on its wrong side of the road, and in a flash had struck them. Ihe front of defendant’s car struck that of witness just behind the door, pusuing the Chevrolet back off the road onto the grass. The other car on and polled up 40 } or 50 feet further on. "Witness called out to them to stop and went along to the other car where a lady in the hack seat had fainted and was being lifted out. He considered 4bat uefendant s car was going at a dangerous speed but it was hard lo:- linn to estimate just what that speed was. A\ itness sent for the police. who arrived shortly afterwards. Cross-examined by Mr Norrie, w tness said that the car he was driving had been lent to liim on the night in question. A CRASH.

Lai mond Robert Stillwell, a linesman at the Mangamaire sub-station, said he was in the car with Spackman. The other car crashed into timm when they were two-thirds of the way across the intersection, and pushed their ear back into the gutter. The impact bent the chassis on both sides, as well as the body, mudguards and headlights. It had to be towed awav to the garage. The estimated speed of the defend<int s car was at least 35 miles per hour. V itness, in reply to Mr Norrie, '-aid that visibility was bad that mght owing to misty rain. SCENE OF THE IMPACT. C onstable C. V . Gainey deposed that he had been called to the -scene of the accident at 1.30 a.m. Accord ng to the wheel marks the impact took [dace just off the centre the intersection. Bennett declined to make any statement as did the other witnesses in his car. Skid marks snowed that Sparkman’s car was pushed straight back and that the Nash car, when it got free, went on for 81 feet before millin'* up. THE OTHER SIDE. Mr Norrie said that the defendaat jind his sister left Waipukurau at 5 o’clock on the Saturday and proceeded as lar as Norse wood where they visited their parents. They subsequently came to Pahiatua to visit a married sister. They left again later to go home to Waipukurau and travelled from the residence of their sister along Albert •street towards the Mangahao Road intersection, a distance of 300 or !0<) yards. They approached the intersection at about 20 miles per hour, and defendant had his foot <; n the brake. Roth cars reached the corner at the same time and defendant could not pull up in time to avoid the accident. Counsel suggested that Spackman himself had contributed towards the accident by not keeping a good look-out and not- giving way to traffic on his right He submitted that the ovi- •» of the police was not very <onc; i’.si ve as to the speed of defer ciant’s car. their car out of gear. Alfred Ren nett, factory assistant •at Waipukuran, said he had been driving cars and lorries for seven .years all over the North Island and never before met with an accident. He cli i not notice the other car tili he was just about on the intersection . He applied his brakes hut could not avoid the crash. He threw his car out of gear and as soon as it was clear of the other vehicle slipped it into second gear si:id drew to a standstill at the side «>) the road. He had practically no *dea of the other car coming as its J ghts did not show on the wet bitumen road. Defendant was positive that he* was not travelling at more than 2'} miles per hour.

GOING FOR BENZINE. L> Constable Burrell, defendant denied that he had been attending a party at his sister’s house or that there was liquor there. He was on his way at the time to obtain benzine at the all-night service station. He denied that he was just joy-riding with two young ladies. He always travelled, lie said, with one foot on the brake and his speed at the moment of impact was about 15 miles per hour. To Mr Norrie, defendant said that the street light at the corner would prevent the lights on the cars showing up. 20 MILES AN HOUR. John Henry Cornford, of Pahiatua, said he was employed at present in a bicycle shop. He wa s at the residence of Mrs Husband, the, defendant’s sister, on the night in question and was in the oar when they went to get benzine. Defendant and Miss Smith were sitting in front and witness and Mis s Bennett in the rear They were'travelling nt about 2(> mils© per hour, and he did not notice Spackman’ s car till the, impact occurred. When the cars struck the defendant’s car was going at about 15 miles cm hour. When the impact took place witness told Bennett to drive off the road to 1 the side, and this he did. Cross-examined Tjy Constable Buri ell, witness said, they had been going to Mr B. H. Wills’ service station for benzine. He did not remember saying in a statement to the police that they were going for a drive first to show defendant and his sister the town. Going at 1.5 miles : -t* hour he considered it possible to do the damage stated to, the smaller car. DENIAL OF JOY-RIDING. Maud Beatrice Bennett, who resides at Norscwood, said she was in the car with her brother when the accident took place. She could not, tell the speed of the car, but it was not going fast. She could not say much of what happened, as sh© was knocked out with the impact. She denied to the Constable that they were out joy-riding. The Magistrate staid that, Mr \\ liitcombe and himself would retire to consider the case. They returned m a very lew minutes when Mr Miller remarked that lie had sitting with him on the Bencli that day a newly-sworn Justice of the Peace, Mr Eric Whitcombc. He was glad to have Mr Whitcombc,’s opinion on the case a-s lie was an experienced man with motor cars. TOO FAST,

The Magistrate said, that, the bench was of opinion that not much reliance could be placed on the estimate, oi the speed of defendant's car given by tlie occupants of tile Chevrolet, as they djd not see, tho other car coming till tli© collision practically occurred. There, was no question that Spackman was to blame in .tins case, as it was a clear case of thedefendant’s car having the right o: way. Spackman should have''given way to the traffic on Ins right. Thera was no clear evidence, as to the speed of the ears but the Bench had to decide if tlii s particular car driven by defendant was going at an excessive speed. The limit at intersections was 15 miles per hour, and Mr Miller was of ©pinion that the ,k‘ mark when the brakes were applied wa.s a material factor to consider in the question oi speed. Defendant said he wa s approaching the corner at 20 miles per hour, and if so, and the brakes were applied, lie. held the opinion that the big heavy Nash, car could have been pulled, up in time to avoid the accident. The damage done to tlie other car ghowed that the speed must have been a great deal more and a, speed that v.W dangerous to the- public. Had the other man observed the rule, of the road, however, no accident would have happened. That being so he would not iuiiict a heavy penalty on defendant. A fine ol £2 would meet fhc case. tiFt cc.-ts -is l 2s, Witnesses '.:x?onsets lor Stillwell 10s.