EARLY-MORNING SMASH.

Stratford Evening Post, Volume IV, Issue 38, 24 January 1936, Page 2

EARLY-MORNING SMASH.

Echo Of Collision Two Years

Ago.

STRATFORD MAN FACES CHARGES AT ELTHAM. Am early-morning smash on the main road between Stratford and FI tham nearly two years ago, during which the Court sequel was adjourned from time to time for various reasons, of which the illness of accused was chief, the prosecution of Ewart W. Butt, Stratford,, for riding a motorcycle without a light and failing to keep to the left, was opened at the Eltham Court yesterday. A peculiar feature was.that the driver of the car, Herbert Lonsdale, Stratford, received concussion, and that be could remember nothing of the events of the night from ille time he changed into swimming costume at Hawora to compete in a carnival. Neither could Butt remember details of the smash, and as two of the three occupants 1 ’ of the car besides Lonsdale were asleep there was only one eye-witness who could give a coherent account of the occurrence. The charge of riding without a light was dismissed, and on the other charge Butt was convicted and ordered to pay witnesses expenses.

It was on February 2, 1934, on Mountain Road between Anderson Hoad and the Eltham borough boundary that a collision occurred between Butt’s motor-cycle and a car driven by Lonsdale. Butt was seriously injured and has been ill ever since Lonsdale was driving from Hawera to Stratford, and Butt was going in the opposite direction.

No Light on Cycle. Tile previous night Lonsdale and the party with him attended a swimming carnival at Hawera and a subsequent dance, said Sergeant J. Henry, who prosecuted. About 3.30 a m. the car was returning along the Mountain Road when, the collision occurred. 'flic inmates of the car would say that they saw Butt coming some distance away, but there was no light cn the motortcyclo, and that he was travelling, on his wrong side of the

road. Constable H. Neary described the scone after the accident. He found a motor-cycle lying on the right-hand side of the road when he was facing Eftham, and a car was in the hedge. There was an acetylene generator but no headlamp on the cycle.

Under cross-examination the constable stated that there was a headlamp but no generator. He found neither generator nor tube, though he searched for them.

Bought Bottle of Shandy. Lonsdale said he left for Hawera with H. Smart and J. Weston as passengers. They bought a bottle of shandy which was not opened before they reached Hawera. He remembered changing into his swimming costume to compete, but had no recollection of what happened that night from then on because of concussion received at the time of the impact. Me could not recall what happened to the bottle of shandy. His next recollection was the visit of his parents to the Stratford Hospital, where he learned he had been injured in an accident on the way home. On the way back from Hawera, said Murray Thompson, who was a passenger in the back of Lonsdale’s car, though he did not travel to Hawera in it, said Weston and Smart were asleep. As they left the borough boundary and breasted a rise he saw Butt approaching on the motor-cycle within a yard of the edge of the bitumen on his wrong side of the road. There was no light on the cycle. He turned towards the centre of the road and then back again, and his head was down as if the car lights dazzled him. When the cycle was about five yards away, Lonsdale, who had swung well out to take the bend on his correct side, turned towards the centre of the road to try to avoid Butt, who, however, swung back towards his correct side, striking the front wheel of the car and glancing along it. The lights of the car were burning before and after the accident. No Headlight . Questioned by Mr. M. J. Burns, who appeared for Butt, Thompson said dial when he told Butt he expected the “others” to be summoned, he meant he thought Butt might lie entitled to insurance, and thought some civil action might be taken. A statement made by Butt after the accident was read by Constable W. Hughes. Butt said he always had his headlamp in good order and was positive there was a generator on the cycle before he left Stratford. Colin R. A. Marsh on his return from Hawera to Stratford on the morning of the accident, said he reached the Stratford southern boundary about 3.30 a.m. and a motorcycle of the same make as Butt’s,

with no headlight, hut on the correct side of the road, passed on the way south. He did not recognise the rider. Sergeant Kelly’.s Inspection, Sergeant T. Kelly, Hamilton, who was stationed at Stratford at the time of the accident, visited the scene a day or two after the accident and prepared a plan. When he inspected Lonsdale’s car in the garage before it was repaired brakes and liglks were in good order. There was no generator, tube, tail I; nip or horn on tire cycle. Ho made inquiries hut could find no evidence that drink entered into the question. Evidence would he called, Mr Rums said, to show that the ’amp and geaerator wore in perfect order when Butt left Stratford. Butt also remembered little of the accident, but he did recollect that he saw the rays of his lamp on a car he passed two miles before the accident. The Ion;, skid mark made by a front wheel of the car cut of ali yum eric togethm w ;th Thompson’s statement that Lo-uasdale had applied the brakes .mp’n'.i that the car was travelling 1 fa ■lt than Lonsdale claimed. No Compensation Butt mentioned the incident of his lamp shining on a car. He remembered little of Ihe accident. In November he spoke to Thompson, who said “the others had had drink. Thompson roomed surprised fiat Butt, had been summoned, and said ho would have thought Lonsdale would have hoen_ He also mentioned compensation, and Bull su’d he had rone. A neighbour of Bull's. Wil'iam A. Tubby, saw Bali, leave his place at 8 p.m. the day before with I lie hemih'.nip shining brightly. Half an hour later Tubby passed Butt’s place and board Butt chopping wood by w!i;R he assumed was tin.* light from I lie cycle lamp. Mi's Ellen Butt saw her husband’ leave for Eltbain, and said thul lie light, was burning as he rode down the road. Mrs Cbcslon. half of whoso house the Butts used, said she saw t.’ull chop wood by Hie light of the lump the night before the accident. Sidney K. Barlow said lie also knew the light was burning well jus! hefee 8 p in, the previous day.