MOTOR CAR ACCIDENT

Wairarapa Times-Age, 7 September 1939, Page 9

MOTOR CAR ACCIDENT

SEQUEL IN COURT. ACCUSED SENT TO TRIAL. (“Times-Age” Special.) At the Carterton S.M. Court yesterday afternoon the police charged Herbert Swain that on July 24, 1939, at Clareville, he drove a motor-car, when an accident happened to Avis Ethel McPhee, and failed to stop and ascertain whether he had injured any person as the result of the accident. He was also charged that on the same day he drove his car on the WellingtonMasterton highway at Clareville at a speed and in a manner having regard to all the circumstances of the case was dangerous to the public. Mr H. P. Lawry was on the Bench. DetectiveSergeant Kane prosecuted on behalf of the police and Mr C. C. Marsack defended the accused.

Avis Ethel McPhee said that on the afternoon in question she was returning from Masterton to Carterton accompanied by Mrs Higginson. When approaching the intersection of Hughes’s Line and the main highway, and travelling at a speed of 30 1 to 35 miles per hour, she saw what appeared to be a lorry being‘towed by a car. She noticed another car following the first two vehicles. It was travelling very fast, overtook the lorry and came toward her car, attempting to pass between the lorry and the car. Witness was on the correct side of the road and when the car approached she moved further to the left of the roadway. The oncoming car hit her front mudguard, doors and back mudguard. Witness stopped and saw the car disappearing round the corner going north. On approaching, the car made no effort to slow down or even to stop. None of the other vehicles stopped. When she arrived at Carterton witness reported the occurrence to the Carterton police. Neither witness nor her passenger was injured. Mrs Alice May Higgison corroborated the evidence of the previous witness. W. T. Hill, garage proprietor, gave details of the damage to the car. The cost of repairs was about £ll. Accused also called at his garage and said that he had been in an accident. Witness suggested that he should report the matter to the police..

Frederick D. Toxward, of Harcombe’s moor garage, Masterton, stated that accused came to the garage with his car, which appeared as though it had been in collision with another vehicle. Constable B. Watson stated that after the accident was reported he proceeded to the scene. From the marks on the roadway it could be seen that Mrs McPhee’s car had been two feet out from the east side of the main road and on her right side of the road. Constable Robertson said that at about 3.30 p.m. on July 24 Mrs McPhee called at the police station with a damaged car. She said that her car hac been hit by another car which had failed to stop and went on in the direction of Masterton. The following morning accused came to the police station and reported the accident. Accused admitted that he had felt a bump against his car. Accused made a statement that he was travelling at about 35 miles per hour. When he reached Masterton he found his front right mudguard was bent and it would require a new guard. He admitted that he was to blame for the collision and should have remained behind the motor lorry. Constable Robertson then read the statement made by Swain and produced a plan of the road where the accident happened. By Mr Marsack: Your Worship, I have one comment to make regarding

the plan produced. It says that the car was hit by Swain’s car. I submit r person is not guilty until proven so. I submit the word should be defendant’s car. Defendant pleaded not guilty. Accused was committed for trial at the next sitting of the Wellington Supreme Court. Bail was fixed at £5O Accused is to report to the police twice a week.