SEQUEL TO COLLISION.

Poverty Bay Herald, Volume LI, Issue 16672, 27 February 1925, Page 5

SEQUEL TO COLLISION.

\ MOTORIST BEFORE COURT. NIEGJ.IGENT DRIVING ALLEG ED. As a sequel to a collision between two motor-cars on the Alakaraka roao on a, recent race clay, a native named Walter Waipara appeared before Mr EC. LeVvey, S.M., at the Magistrate s Court this morning, in answer to three charges of breaches of the motor regulations. The defendant was charged with driving negligently and in a manner dangerous to the public; with plying for hire without a. license; and with ..failing to keep as near to the lelt as practicable. Mr J. >S. Wauehop appeared lor the accused. It was agreed that the major charge be taken first, and to this a plea of not guilty was entered. Outlining the facts of the case, SeniorSergt. Fitzpatrick stated that there had been a great deal of traffic between town and the racecourse. The defendant was going to the course with a full load, and. had apparently attempted to pass other traffic, polling to the wrong side of the road to do so. When lie saw another car, driven by Mr Whitfield, coming from an opposite direction, lie evidently lost bis head, zig-zagging across the road, and eventually swinging right over to the wrong side, where the collision occurred. William Charles Whitfield, a taxi-pro-prietor, stated that lie was returning from his-first trip to the course when the collision occurred. He had been travelling on the correct side of the road when he saw the defendant coming. He was waiting for the defendant to pull off the road, and slowed down, being ,r almost at a standstill when the other car struck him. The defendant was on the' wrong side of the road, and was travelling at a great pace. Witness’s ear was damaged, and the defendant’s passengers were cut about. There was ample room for the cars to pass, the road being quite wide. Witness saw the owner of the car, Mr Aislabie, later in the day. Mr Aislabie asked defendant if lie was able to pay £3O for the damage, and he said he would have to work for it for a while. Witness asked defendant why he did not put the brakes on, and ho replied :“1 did; I let.go the steering wheel and grabbed the brake with both hands.” This was consistent with what happened, the defendant’s car coming right across the road. The defendant told Mr Aislabie that he was hurrying because one of his passengers wanted to back a horse on the first race. Mr Aislabie agreed to come in and see witness the following morning. To Mr Wauehop the witness said lie, had seen the defendant pass several of the long string of cars proceeding to the races. At the time of the accident Mr Worsnop’s motor bus was almost opposite them. He did not think laxis were driven faster on race days than other days. Borne of them might, but a reasonable speed would bo from 20 to 25 miles an hour. The defendant was going at a good pace, but witness had practically stopped. The defendant had told Mr Aislabie that witness could not have passed him without going over the fence. There was not much dust just at that time, and he did not understand Mr Worsnop saying that witness suddenly appeared out of a cloud of dust. z' To the senior-sergeant. Hie witness said the defendant could not have just pulled out to pass the ’bus, as lie had been on the wrong side of the road some considerable time. Samuel Reynolds, laborer, stated that he was going to the races in Mr 'Wildish’s taxi. Shortly after passing Lytton road a car passed them on the wrong side of the road, and continued on the wrong side. When Whitfield’s car came into sight, the defendant’s car appeared to be wobbling, as if the defendant bad lost his head. The collision occurred on the defendant’s right-hand side of the road, when he was travelling at a fast speed. To Mr Wauehop the witness said the Mayor, Mr Geo. Wildish, was sitting at the back of the car, with somebody sitting on his knee. Mr Wauehop: Someone sitting on the Mayor?—Yes. Mr Wauehop: I’m sorry to hear that. Continuing, the witness said the road was fairly dusty at the time, and Whitfield’s car was about two or three chains away when they first saw it. Whitfield was not travelling fast at the time, and looked almost stopped when the accident occurred. He bad not seen Whitfield swing to the right, but the defendant was dodging all over the road. William Morrison Wildish, taxi-owner, stated that he was driving his own car to the races on the day in question. The had passed .witness, and at the time of the accident was about three chains ahead. Whitfield’s ear was easily visible, and in witness’s opinion the defendant had ample time to pull to his correct side of the road. To Mr. Wauehop the witness said he had a clear run out from the town, and had passed Worsnop’s bus some time before the accident. There had .been a considerable amount of dust on the road, but he could clearly sec Whitfield’s car through it. At the time of tli© accident the defendant was going from 25 to 30 miles an hour, right in tho track of Whitfield’s car. There was no occasion for the defendant to go on the wrong side of the road, except that there was a better track. Just before the collision the defendant went still further to Hie wrong side, and Whitfield did swing slightly to the right. To the .Senior-Sergeant the witness said the accident, would not have occurred if the defendant had not been on the wrong side. He had not seen any other car hugging the wrong side of the road. ■Stanley Moore, another taxi-driver, stated that he arrived shortly after tho accident, and conveyed the defendant’s passengers to the hospital. The defendant, said lie had gone to llio wrong side to pass the bus. Constable .Fitzgerald also arrived shortly after the collision, and inspected the two cars, which wore on Iho extreme right hand side of the road going out. He interviewed the defendant, who sniil he had pulled out to pass the bus, and suddenly, met Whitfield’s car right on .him. To Mr. Wauehop witness said (here was not much dust about at the time. The defendant’s car most have been headed to the fence, as it was struck on the left hand side. For the defendant, Mr Wauehop said the defendant, and Mr. Worsnop would give evidence. The defendant . contended that he was travelling behind Mr. Worsnop’s Ims, and for the purpose of passing it, like other cars, pulled to the right.. Unfortunately the cars ahead raised a cloud of dust, and out of this Mr. Whitfield’s car appeared. Both vehicles turned :i! the. same time, and it was only a genius or an extremely lucky person who could avoid an accident. In the event of the defendant being found guilty, he would ask that the penalty slioiiid not be fixed according to tho result of the accident, r The defendant, in evidence, stated that lie had been driving the ear for mine time, under the supervision oi Mr. Aislabie. The brakes, as far as lie' know, were in perfect order. When going to the races he, and others, had been held up at the tram

terminus. When they went on the other cars pulled to the right to pass tlie bus, witness following. At the time the road was clear, but Whitfield’s car suddenly appeared out of the dust. Witness immediately swerved the left, but Whitfield turned the same way at the same time. They both then turned back again, and the collision occurred. Witness had never said he had lot go the steering wheel and'grabbed the brake with both hands. Ho had used both brakes, but kept hold of the wheel. At tho time of the collision both cars wero well over on the right hand side, witness having turned that, way in an endeavor to avoid the other car. To the .Senior-Sergeant, the witness said he had not a license to drive, blit an application had boon made for one. He was quite a good driver, and the race traffic, did not, worry him. He was not, in a. hurry to get to the races, and had not been urged to hurry by, his passengers. Arthur Aislabie stated that lie was tho owner of tlie enr, and had engaged defendant to drive for him. He had sent the defendant, to get. a license, and he came back with a document for witness to sign. 'Hie defendant was a very good driver, and had had much experience. In explaining tho accident, to witness the defendant said Whitfield suddenly appeared out of the dust. He had said they both swerved the same way, and this caused the accident. The defendant had never said he let go the wheel and grabbed the brake with both hands. At, tins stage tho Court, adjourned until this afternoon.