Motorist Stands Trial on Negligence Charge

Sun (Auckland), Volume IV, Issue 1038, 31 July 1930, Page 1

Motorist Stands Trial on Negligence Charge

ELDERLY MACS DEATH PONSONBY ROAD FATALITY How an elderly man. who had alighted from a tram, was knocked down and fatally injured by a motorcar which did not stop, in Ponsouby Road on the evening of May 17, was described by eye-witnesses in the Supreme Court today, at the trial of Andrew Smith, on a charge of negligent driving, causing death. The victim of the accident was William John Humby, aged G 7. The Crown Prosecutor, Mr. V. R. Meredith, conducted the case for the prosecution, and Mr. Alan Moody defended the accused. Impressing upon the jury the need for careful consideration of the case, the Crown Prosecutor said that in these days of fast-moving motor traffic, fatal accidents were occurring with greater frequency; in fact, pedestrians ran a graver risk nowadays than was formerly the case. When charges of this nature came before the court, it was the jury’s duty to examine carefully the evidence to ascertain whether the driver exercised the degree of care that should have been taken in the interests of the community.

Describing the injuries of the victim of the accident. Dr. D. N. W. Murray said that both legs, the spine, and skull had been fractured, several ribs were broken, and the heart covering was ruptured. Death was caused by the fracture of the skull and spine, and partial haemorrhage of the brain. The doctor agreed that the greater part of the injuries could be caused by the old man being struck by the car and hurled on the concrete.

Roy Tantau said that on the evening of May 17 witness served Smith with two “half-handles” in the bar of the Oxford Hotel between 5 and 6 o’clock. Smith took a gallon of beer away from the hotel with him, on leaving about 6 o'clock. An eye-witness, Mrs. Mary Emma Smith, who was walking on the lefthand pavement, stated that a tramcar coming from Three Lamps passed her and stopped at Hepburn Street. An elderly man alighted and stood beside the tramline to allow a tramcar going in the direction of Three Lamps to pass, before crossing the road. A car coming from the direction of Three Lamps crashed inio the old man with terrible force and passed straight on. leaving the man lying on the roadway. Evidence that the car did not stop after the crash into the old man was given by Mrs. Kathleen I. Carter, of Devonport, who was standing nearby. Ivan Bazalo, who was standing at the door of his shop in Ponsonby Road, said he noticed the motor-car, which had very poor lights, followed up behind the tram which stopped at Hepburn Street. After the crash the car swerved to the footpath and continued on its way. He estimated the car’s speed at from 20 to 25 m.p.h. A tramcar passenger. Maxwell R. Lewis, who was standing on the rear platform, said that just after the tram resumed its journey from the Hepburn Street stop he heard a crash. Looking back he saw a huddled form on the road, 50 yards back. A car coming down swerved into Hepburn Street, out again and straightened up, passing the tram at about 30 m.p.h. He hailed the driver loudly to stop, and although the latter looked up he did not stop. Witness took the number of the car and reported it to the police. The headlights and rear lights were good. (Proceeding.)