MOTORIST ACQUITTED.

Wairarapa Age, 5 August 1930, Page 5

MOTORIST ACQUITTED.

DEATH OF YOUNG WOMAN FROM TETANUS. THE JUDGE'S DIRECTION TO JURY. WELLINGTON, August 4. The liability for the death of a young woman from tetanus, the result of an injury in a motor accident, could not be placed upon Albert Leonard Smith, according to the ruling of Mr. Justice Ostler in the Supreme Court to-day. Smith was also acquitted on a charge of causing bodily injury through negligence. Smith was charged under the Crimes Act with, negligent driving of a motor car, causing the death of Dorothy Mary Middleton, thereby committing manslaughter. An alternative charge of causing death through negligent driving, laid under the Motor Vehicles Act, was preferred. Mr. P. S. K. Macassey, Crown Prosecutor, with him Mr. Evans Scott, conducted the prosecution. Mr. Scott, in outlining the ease, said that on the night of April 25, the accused, together with a friend, met two young women, Miss Middleton and Miss Doolan. They left Tasman Street in his car for town. He sat with Miss Middleton in the front seat. Going along Tasman Street, the accused, it was admitted in his own statement, was travelling at a speed of 35 miles an hour. On approaching the intersection of Rugby Street the accused decreased his speed to 30 miles an hour. A car driven by some person unknown came from Rugby Street into Tasman Street on the right-hand side of the accused, who in order to avoid the vehicle, applied the brakes and swerved to the right. He lost control of his car. He skidded 70 feet on an uphill grade, the car mounted the footpath, tore down 28 feet of wooden fencing, travelled over a frontage of 15 feet and crashed into a house with such force that the vehicle overturned. As the result of the accident, Miss Middleton received a wound in the thigh. Tetanus germs somehow got into the wound and she died in hospital on May 6. George Oscar Jacobsen, medical practitioner, gave evidence that he attended Miss Middleton after the accident. The wound on her thigh was not dangerous and she had refused to go to hospital. The wound was progressing until tetanus developed, ultimately causing her death. His Honour (to Mr. Macassey): “How can you support a charge of manslaughter against this man on the face of the evidence, assuming, of course, that we get the evidence that this girl died of tetanus? This wound was not of a dangerous nature. It was merely a surface wound on the leg. That being so, I do not possibly see how this man can be charged with manslaughter. It seems to me that the only thing this man can be charged with is causing bodily injury to this girl through negligent driving.” After hearing argument on this point and evidence. His Honour directed the jury to find the accused not guilty on the charge of manslaughter and to consider its verdict on the second count. The jury returned with a verdict of not guilty on both counts and the accused was discharged.—(P.A.)