DISAGREEMENT OF JURY

Taranaki Daily News, 2 August 1930, Page 7

DISAGREEMENT OF JURY

QUESTION OF MOTORIST’S CASE., . By Telegraph.— Press. Association, ,-, Auckland, Last,. Night.' , A fatal motor'accident which occurred in Ponsonby Road on the evening, of May' 17 had. a sequel in the Supreme Court'," when Andrew Smith,, aged 38, pL Kingsland, ~was charged with, negligentdriving causing death. _ ... ... . . _ Tlie victim of tlio nccidcn.t : liam John Htimby, aged 67, of Ponsonby,. who was struck in the street .and., killed instantaneously. . . ■ ’ < The Crown prosecutor, Mr, - V. R.. Meredith, pointed out that it lay- with' the jury to set the -standard of. care that was required of drivers of motor, vehicles. If they were satisfied that' this man’s' life- could have been saved: bv the exercise of ordinary care on tiie part of the driver, then it was, elear- ]• their duty to find- a verdict accordingly. Humby had alighted, from .a Ponsonby traincar and wSfl; waiting in. the street to .cross when, he was struck down by a car driven by accused. The. violence of the blow was indicated by. the number of serious injuries Humby received. Mr. Meredith said the driver swerved, but did not stop, although men called out to him. The number of .the car.was, 1 taken, however, and .accused. . was located'that evening. There was. evidence that he had had one.or .two drinks,-.but. not that he was- under the influence of liquor. Counsel for the defence said it was not for the jury to set too high a. stand-, ard of care, as no one was expected to be a superhuman driver. Not one cf the witnesses had ventured to' s'ug-o-est that the speed, had been excessive. Accused had been driving for 17 or’ 18 years and had never had an accident of any kind. Counsel would call abundant evidence to negative, any suggestion of intoxication. Accused got such, a, shock that, he foolishly'went on, and later he tried to bluff a detective; He

saw the man in the road, but sweiyvd too late to avoid him. ■ , . After a retirement of a little over, four hours the jury disagreed ■< and a new trial was ordered. '•" ' ' • ' \