MOTORIST ON TRIAL

Te Awamutu Courier, Volume 56, Issue 4043, 4 May 1938, Page 2

MOTORIST ON TRIAL

ALLEGED NEGLIGENT DRIVING CAUSING DEATH. ZINSLI’S DEFENCE. At the Supreme Court at Hamilton yesterday, the trial was commenced of Bernard Zinsli, labourer, of Te Kuiti and formerly of Te Awamutu (Mr C. Mackersey) was charged with negligent driving of a motor car at Te Kuiti on January 15, thereby causing death. THE CIRCUMSTANCES. Mr H. T. Gillies, who conducted the case for the Crown, opened with a general summary of the circumstances. On the day in question accused had been given the use of a car by an acquaintance and had offered to take a young man and a young woman, the latter from Hamilton, to a bathing pool a little south of Te Kuiti along the Waiteti Road. The young man and young woman had slipped light clothes over their bathing costumes for the journey, and accused drove them off down the road at a high speed, which witnesses estimated at between 50 and 70 miles an hour. In attempting to round a bend the car collided with a telegraph post and as a result of injuries received the young woman, Edna Margaret Walsh, subsequently died in hospital. Evidence was then lead in support of council’s statement. ACCUSED’S AILMENT. For the defence, Dr. L. R. de Castro of Te Kuiti, said that two days prior to the accident Zinsli consulted him. Accused complained of pains in the ear and of headaches. Witness found he had an abscess of the middle ear in an acute condition. He ordered Zinsli to cease work and undergo treatment. Witness considered the affection was likely to cause vertigo or giddiness and semi-consciousness. Witness would not be surprised if Zinsli had had such an attack just prior to the accident ,in view of the fact that he had driven to Auckland on the day of the accident. To His Honor witness said he did not mention the matter of vertigo or giddiness in the Lower Court. The possibility of an attack of vertigo did not occur to him on the day of the accident or on March 11, when the Lower Court case was heard. Mr. Mackersey first mentioned the matter a few days ago. His Honor remarked that he could not understand why the point, had not occurred to the doctor earlier. Dr. R. G. Phillips-Turner, ear specialist, called by Mr. Mackersey, said it was quite possible that Zinsli had an attack of vertigo or giddiness just before the accident. To His Honor witness said accused could not have been suffering from vertigo when he overtook and passed a car immediately before the impact. He saw no reason why the attack should not have occurred after passing the car.

THE JURY RETIRE. The case was resumed this morning when counsel addressed the jury and His Honor summed up. The jury then retired and was still out at time of going to press.