MOTORIST RETRIED.

Timaru Herald, Volume CXXV, Issue 18637, 5 August 1930, Page 11

MOTORIST RETRIED.

NEGLIGENT DRIVING CHARGE. VERDICT OF NOT GUILTY. By Telegraph—Press Association. AUCKLAND, August 4. A retrial of a motorist, necessitated by the disagreement of a jury last week, took place in the Supreme Court before Mr Justice Smith to-day. A charge of negligent driving so as to cause death was laid against Andrew Smith (38), and it arose from a fatal accident in Ponsonby Road on May 17, at about 6.30 that evening. William John Humby (67), while standing in the road, was struck by accused’s motor-car, and killed instantaneously. Evidence similar to that at the previous hearing was given by eyewitnesses and others who had heard 1 the sound of the crash after deceased i alighted from a tram. They stated j that the only traffic about at the time j comprised two tramcars, deceased, j and accused's motor car. Accused drove | on after the accident. Accused, in giving evidence, said ' Humby seemed to step right in front of him, and although he did swerve he : could not avoid the man. He eGtimated his speed at about 20 miles an hour, j He did not hear anyone call out to j him from the tramcar after the accident. Several witnesses bore testimony to his sobriety. Mr Hubble, for the Crown, said there were two questions for the jury—Was the driver’s speed a correct one in the circumstances? and did he keep a proper look-out? Counsel submitted that accused should have seen this man standing in the road. His Honour said the question for the jury was whether accused acted as an ordinary reasonable driver would have acted. The onus was on the Crown to j establish beyond all reasonable doubt i that accused did fail to take due care, i He advised the jury to disregard j entirely what occurred after the col- j lision. He pointed out that deceased was wearing a light coat, which might ; easily have been difficult to distinguish j against the background of the tramcar.

After a retirement of half an hour, the jury returned a verdict of “not