GUILTY OF NEGLIGENT DRIVING

Wanganui Chronicle, Volume 83, Issue 113, 16 May 1939, Page 5

GUILTY OF NEGLIGENT DRIVING

DARGAVILLE RESIDENT FATAL ACCIDENT NEAR WAVERLEY JURY RECOMMENDS MERCY A verdict of guilty, with a strong recommendation to mercy, was brought in by a jury in the Supreme Court yesterday against Gordon Alfred Streat, aged 45, confectioner and honorary minister of religion, of Dargaville, who was charged with negligently driving a motor-car near Waverley on April 12, thereby causing the deaths of William Stephen Ellis and his sister-in-law, Hilda Ellis. His Honour, Sir Hubert Ostler, in remanding the prisoner for sentence, said that, as far as he possibly could, in the public interest, he would give effect to the jury's recommendation. Later, His Honour intimated to the prisoner's counsel, Mr, R. J. O’Dea, of Hawera, that he did not think he would send the prisoner to gaol, but would have to consider suspending his licence for a term and asking him to pay the costs of the prosecution.

•Mr. N. R. Bain, Crown Prosecutor at Wanganui, prosecuted. The jury comprised Messrs. N. B. Caiman (foreman), Stanley R. Armstrong, Wilfred L. M. Hayward, Donald Glover, Wilfred Firmin, Edward Dennant, Norman J. Paul. Thomas L. Taylor, H. S. Thurston, George Tuffin, Charles W. Howe, and H. J. Jones. "In many respects it is an extraordinary case,” said Mr. Bain outlining the facts. “There is nc suggestion of liquor at all or of excessive speed The accident happened in broad daylight and in fine weather on a straight and level length of road." Mr. Bain said that the Crown alleged that accused was negligent in not keeping a proper look out and tout if he had seen the two pedestrians he was negligent in not steering clear of them. Constable G. A. Baskin, who is stationed at Waverley, said that, when ho arrived on the scene of the fatality at 5.30 p.m., Dr. Duncan, of Waverley. was attending two injured people, a man and a woman, who were both unconscious. Measurements of the road were taken and revealed that the car was on the left-hand side, the two right-hand wheels on the bitumen. The injured man was lying on the bitumen to the right front of the car. The woman was on the clay surface, ebout 40 feet behind the rear of the car. A perambulator was on the grass at the right of the bitumen, opposite where the injured woman was lying. Accused made a statement, which witness read. Accused’s Statement to Police In this the accused said that he had left Wellington about 10 a.m., intending to reach New Plymouth. He had his wife in the front seat and three children in the back. They had lunch at Levin and afternoon tea at Bulls, passing through Waverley about 4 p.m., so far as he knew. He first saw the man and woman when they were 10 chains ahead of him. They then appeared to fade out of his vision and when he next saw them they were 8 to 10 feet ahead of where he was sitting. He was unable to stop in time to avoid hitting them. The sun may have affected his vision. Witness said that there was one slight mark on the bitumen, but. accused did not think that it was made by his car and it was not put into the plan. Accused had not been questioned about drink, because witness was satisfied that he had not had any. Sun Not Troublesome Constable Baskin said he had driven over Ihe length of road in question on many occasions and at various times. The rays of the sun had not in any way affected him. Terence Mullins, Public Works surveyor, produced a plan of the locality showing that the width of the road, from hedge to wire fence, was 67 feet and the bitumen was 17 feet to 17 feet 6 inches wide at about the point of impact. The hedge on the left going north was fence high, but that on thc opposite side was 10 to 12 feet. The road was level, and from the rear of the car one could look back along the] road up to a distance of 21 chains, i where there was a bend. At 4.35 p.m. on April 12, using a theodolite, witness found that the angle of the sun! was 40 degrees on the horizontal of 1 the road. "I. drove a car, much the same as I thought, the car in the accident had been driven and so far as the sun was concerned the vision was good,” said witness. “I imagined that there were people on the road at that point and I put the brakes on easy so as not to make a skid mark and I finished up just about where the car in the accident finished.” To His Honour, witness said that his test with a car had been made at (about 4.35 p.m. on April 17. Maurice U. Ellis, husband of Ihe deceased woman, said that his wife had left hime pushing a pram about lunch time. She was on her way to Waverley and witness saw her going along the road. He next saw her that evening lying unconscious on the lefthand side of Ihe road looking north. His brother was lying on the bitumen near the car. He, too, was unconscious. Both had since died. A child in a pram had been practically unhurt. The pram itself was slightly damaged. Deceased Persons Seen Walking Along Road Harry J. Gilmore, farmhand, said that just before the accident, which he did not see, Mrs. Ellis had been walking in the dust at the side of the road. The man was beside her and was on the bitumen pushing the pram. When he last saw them they were in that position walking in the direction of New Plymouth. Alfred B. Cunningham, motor me-] chanic, Waverley, said that the car | brakes and steering were in good | order. The windscreen was quite | clear and not broken. The glass in 1 both headlamps was broken, both lamps were bent back, and the righthand front mudguard was pressed right down within an inch of the wheel. Both sides of the bonnet were dented. His Honour: At half-past four, at that time of the year, what have you

Io say about the sun on that road? — I have never had any trouble with it.

Detective Tests the Sun Detective-Sergeant J. K. Robprtson said that he had made tests as to the effect of the sun, but had had no difficulty in seeing the road ahead. When he looked directly at the sun he was affected then. Mr. O’Dea: I think your enquiries satisfied you that both the pedestrians were on the bitumen?—lt would seem so. Mr. O'Dea asked the jury to bear in mind that the accused’s statement to the police had been made shortly after the accident and when he was suffering under the stress which would ; naturally follow such an accident. If it was not as full and as clear as it might have been, that had been due to stress at the time, when he was anxious to co-operate with the police and be as frank as he possibly could. Accused Suffered Momentary Blankness Gordon Alfred Streat, the accused, said that he was travelling at 35 miles, his usual speed on that class of road. He saw two pedestrians apparently 10 chains ahead. It appeared that the lady was pushing a pram. From the moment he saw the pedestrians everything seemed to go black. When the blindness lifted he remembered these people and prepared to swing out but j the people were then only 8 feet in ] front of him. It appeared that the 1 blankness came over him suddenly. I When he saw the pedestrians again he I immediately applied the brakes, rising I out of his seat to do so. He saw the I front of the car strike the two pedes-1 trians. The lady was thrown to the left and the man to the right. Mr. O'Dea: Did the sun have any effect on your vision? —None whatsoever. Were you-, prior to this, feeling sleepy?—No. Can you account for this sudden loss of faculties?—No. I think you are a total abstainer?— Yes. To Mr. Bain, witness said that, he felt in full possession of his faculties when he applied the brakes. Mr. Bain: How long did this blankness, as you call it, last?—lt appears it just came and went. Did your wife say anything to you about it?—She could not give any reason more than I could. Yet you travelled 10 chains perfectly straight?—That is a mystery I can* not. explain. Witness said that he had not been | medically examined with regard to his I health and the possibility of him suf- I fering another similar attack of blajik- j ness. Mr. Bain: Then you are liable Io be overcome in the same way again?— That is so. His Honour: Then you are a dangerous man to be on the road, if that is so. I Lapse of Faculties Not Negligence “If you find that this was caused by la sudden unfortunate lapse of his [faculties, something that he could not foresee, then, in my submission, he is entitled to your verdict of acquittal and should not be made criminally responsible for the deaths of these two people,” said Mr. O’Dea, in his address to the jury. His Honour admitted that the matter was difficult to account for. Either the accused went to sleep, or, as he said, there was a sudden blankness. As to that blankness, a “black out” so to speak, His Honour had never heard of such a thing, but that did not mean that such could not occur. His Honour did not know enough about it. If the jury thought that a sudden blankness had come over the accused it should acquit, him, but if it felt that he fell asleep that was a different, matter. A motorist would go to sleep at his peril. I The Jury’s Verdict The jury retired al 4.15 p.m. and returned at. 5.38 p.m. with a verdict of guilty with a strong recommendation to mercy. “I feel that here is a decent sort of man who is not likely to offend in this way again,” said His Honour, when the question of sentence was raised. "1 don't see any good reason, in view 01 that recommendation of the jury, for me to send him to gaol. On the other hand, 1 will have to consider taking away his licence for a term and asking him to pay the costs of the prosecution.” Accused was remanded for sentence.