FATAL JOY-RIDE

Sun (Auckland), Volume IV, Issue 1060, 26 August 1930, Page 7

FATAL JOY-RIDE

driver found guilty OF NEGLIGENCE recommendation to mercy Z'rom Our Own Correspondent HAMILTON, Monday. The sequel to a fatal collision at 'Jewstead on the evening ot May 8, was the appearance ot Hector John Shaw, aged 20, farmer, Tauwhare, in the Supreme Court before Mr. Justice Smith today. He was charged with negligent driving and causing the death of his cousin, Thomas Shaw, who was a passenger in the car with him. jqr. H. T. Gillies appeared for the Crown, and Mr. J. F. Strang represented the prisoner, who pleaded not guilty. " Miss Winifred Randle, Matangi, said she joined Shaw’s car on the night * of the accident, when there was a dance. She did not go to the dance, but remained in the car with Tom Shaw. Hector Shaw then drove toward Hamilton. She saw Monteith’s car approach, and was apprehensive that the cars would pass very closely. Shaw was then on the crown of the road. The collision then occurred. She was seriously injured. A farm labourer, Ernest Turner, another passenger, said Shaw's car was travelling at 30 miles an hour. He thought Shaw's car was on its correct side. Charles Vaile, farm worker, Newsstead, said he saw Shaw’s car approach Newstead at a speed of from 35 to 40 miles an hour. Monteith's car was on the correct side of the road. PASSENGER'S EVIDENCE A passenger in Shaw's car, Janies Keith Brown, said he estimated Shaw’s speed at 35 miles an hour, which he did not consider was dangerous on that road.

Leslie Monteith, farm worker, of Eureka, said he left Hamilton at 9.30 p.m. to return to Eureka. He saw Shaw's ear approaching a good way off, but he did not realise there was going to be a collision until the cars struck. Archibald Monteith, who was with his brother at the time of the accident, said Shaw was on the crown of the road, while his brother was on his left. side. It would not be unreasonable to suggest that the accident was caused through Shaw’s car skidding. Coni able Andrews said he saw a skid mark of 16ft. on the road near the scene of the impact. Shaw’s car had somersaulted. JOY-RIDING ADMITTED

Accused said he had had no drink on the day or night of the accident. He was travelling on the left side of the road. The accident was caused by the skidding of his car. He was coming to Hamilton to a dance.

Under cross-examination, witness said it was a fact that they were joyriding. He tried to straighten the car after it commenced to skid. Mr. Strang contended that it was open to question whether the accused was driving on his wrong side. He suggested that the fatality was due to a pure accident.

His Honour described the circumstances as extraordinary. The road was 20ft. wide, and straight, and the light was good. The car drivers could see each other for some distance, and both drivers were sober. One car somersaulted and a passenger was killed.

After three hours, the jury returned a verdict of guilty with a strong recommendation to mercy on account of the prisoner’s youth.

The prisoner was remanded in custody until Wednesday for sentence.