THE DEATH HIS FRIEND

Taranaki Daily News, 1 November 1930, Page 9

THE DEATH HIS FRIEND

CHARGE AGAINST DRIVER

CAR .THAT CRASHED INTO POST.

JURY FAILS TO FIND VERDICT. , By Telegraph.—Press Association. . Auckland, Last Night. The opinion that it is impossible to judge the speed of an' ’approaching car, from another car directly in front was expressed by the touring manager of the Auckland Automobile Association in. the Supreme Court this, morning in giving evidence in a case in which Robert J ohn Burling, aged 24, of Piriaka. near Taumarunui, was charged that on August 2 last he negligently drove a motor-car at Manurewa and thereby caused the death of a passenger in hie car, Charles Berry Simons. The ease was heard before Mr. Justice Smith, Mr. Allan Moody appearing for the accused and Mr. Hubble conducting the case for the Crown. i The three-seater car which the accus- ■ ed was driving struck a telegraph post near the Mahia bridge shortly after 10 p.m. on August 2, and Simons, a close friend of the accused, was killed outright. The accused escaped with a few scratches. The . driver of one of the AucklandPukekohe buses, Lawrence Smith, said that accused’s car passed him on the Mahia bridge travelling at a great speed, Knowing of the bend that the other car was approaching he looked into his mirror and saw the car, instead of taking the’ curve, go straight ahead and hit a post. He went back to the scene of the accident. Accused seemed dazed and smelt of liquor, but witness Was not prepared to judge of llis sobriety. Witness had picked up a broken bottle oh the road.

A statement by : accused,- in which he said he had had only three .drinks in Hamilton, and that if there was any liquor in the car he knew nothing about it, was produced by Sergeant Rowell, Reginald James Boyd, an Anglican minister, said that he had known accused for two years and he did not think he was addicted to drink. Witness saw accused between 5 and 5.30 p.m. on the day of the accident and he then, was perfectly norma! and (juite capable of driving the ear. Roy Edward Champtaloup, touring manager of the Auckland Automobile Association, said that it was impossible to judge the speed of an approaching car from another car directly in front. The appearance of the road near the scene of the fatality gave the impression that it went straight ahead. It was very misleading, and was deceptive even durino- the day. After the accident the Automobile Association’s coun-. oil had passed a resolution drawing the attention of the Post and Telegraph Department - to the danger of the pcsi and requesting i,ts removal. A symbol sign fitted with red reflectors had since been placed by the association at the end of the straight strip of concrete. Harold George Lovell said he arrived on the scene of the accident a few minutes after the smash. Burling was upset, but his speech was normal and he was quite sober. In answer to Mr. Hubble witness said he had noticed a smell of liquor about accused.

“I am certain accused was quite sober,” said Mabel Irene Florence Maberley, who lives near the scene of the fatality. Accused gbt a big shock when informed that his friend was dead. Quite a number of accidents had occurred at the corner, and witness had often seen motorists go very near the post, even in the daytime. . Colin Ray Ross, a passenger by bus who passed the accused f s car just before the. smash, said the other car appeared to be driven in an ordinary manner and was on its correct side of the road. Witness said he had a sort of presentiment that something would happen when the bus passed the car. Asked by Mr. Justice Smith what he meant by a presentiment, witness said that the bus swung out towards, the middle of the road and there did not appear to be too much room for Burling’s car to get through. The jury- disagreed and a new trial will be held.