MAORI WOMAN’S DEATH.

Waikato Times, Volume 104, Issue 17493, 29 August 1928, Page 7

MAORI WOMAN’S DEATH.

MOTOR LORRY CAPSIZES. DRIVER ON TRIAL. ALLEGATIONS OF INTOXICATION. The capsize of a motor lorry at. Waihou on July 14, as the result of which a Maori woman named Hiria Turawaho was killed, led to a young man named John Walker being charged before his Honour Mr Justice Blair and a jury at Hamilton to-day, that, while in a state of intoxication while in charge of a motor lorry, he did, by some act of omission, cause the death of Hiria Turawaho, and, secondly, that by negligently driving he did cause the woman’s death. Mr 11. T. Gillies conducted the case for the Crown, prisoner being represented by Mr J. F. Strang. Mr Gillies said that on the day in question Walker was engaged to drive a number of Maoris from Waharoa to Waihou. When near the Waihou bridge the lorry capsized over a bank on Walker’s wrong side, and the Maori woman was pinned beneath the vehicle and killed. It would be stated by witnesses for the • Grown that prisoner was drunk at the time, and that'he also attempted to bribe one of the Witnesses by promising him a £lO note. It was true that when taken into Te Aroha after the accident prisoner went successfully through the tests for sobriety, but it did not. follow from this that he was not drunk at the time of the accident, the result of which would doubtless have had a very sobering effect on him. Even, however, if it were not proved that prisoner was drunk at the time, there could be no doubt that he muM, hav<*. driven negligently to have run the lorry where he did. The vehicle, examined after the accident, was found to be in perfect order, apart from a little shimmeying of the wheels. Evidence Regarding the Accident. A native named Jack Wherawhera, of Waharoa, said that on the day in question he engaged prisoner to drive a partv from Springvale to Waharoa. On passing through Waihou they pulled up near the hotel. Witness and two others entered the hotel, witness had four whiskies and four toners, while Walker, who entered the hotel with a friend, also had some drink, but how much he did not know. There were on the lorry altogether five Maoris and two pakehas, the natives including two women. Not long after the lorry started from Waihou it capsized over the right bank They were all thrown out. Hiria, who was pinned beneath,'was killed. Cross-examined by Mr Strang, witness s-ald the roads were quite good. There had been no rain, and the surface was quite dry. The lights were fully on at the time. Prior to leaving the hotel he saw Walker take two small whiskies. The lorry was proceeding at quite a moderate pace when the accident happened—be thought.’at about 12 miles an hour. .He had no idea what caused the lorry to go over the bank. Patrick Joseph Murray, grocer, Alorrinsville, said he was motorm 3 from Waihou to Morrinsville when lie noticed the lights of two vehic:les ahead. Suddenly one set of lights dis auoeared, and he later discovered that Mie lorry had toppled over the hank. Th* natives were in various stage, of intoxication. Witness spoke to Walker and asked him how the accident hap pened. He did not answer at first and witness then asked him if the steering was the cause He answer ~(i ‘-Yes, the steering; that s it. «e also said the accident would cost him about £SOO, and remarked several times to witness, “What about a tenner?” from which witness understood Walker . to imply 'that he was offering him a bribe. Witness formed ttm impression- that Walker was intoxicated. Witness also saw one wf the natives dragging a large jar up the ba ?n answer to Mr Strang, witness admitted that no specific purpose was mentioned for vvhich the “tenner was l ° Mr Strang: 'iWrnight have been an offer to get the lorry out of its pre dicament? Witness: I don’t think so. Had had a Few Drinks. Alexander Hill, Piako county foreto right the capsized lorry. He am not see Walker until later, when he heard a Maori woman sympathising with him. Walker replied several times, “I’ll have to defend it; 111 ha\e to defend'it.” ... Witness considered Walker slightly under the influence of liquor at the Mr Gillies: Do you think he was in a proper condition to drive a lorry. Witness: I think any man who is under the influence of liquor is taking a risk in drivins a motor vehicle. Dr W R- Lawrence, of Te Aroha, which was called to the scene of the accident said that while he was examining Hiria’s body, Walker spoke to him and said he was the driver of the outfit Walker was then under the influence of liquor. Witness asked him how many drinks he had had and he replied that he had had a few. An hour and a half-after the accident, witness put Walker through.sobriety tests, which he- was able to carry out successfully. although he then obviously was slightly under the influence of liquor. At the police station, witness . heard prisoner state that he had had seven or eisht whiskies. Cross-examined by Mr Strang, witness said that prisoner, at the police station, gave quite coherent answers to all questions put to him. Mr Strang: Are you able to express an opinion as to whether at the time prisoner was fit to drive a motor vehicle or not? I am not able to say. Mr Gillies: Does your answer apply to 6.45 when you first saw him, of to 8 o’clock. Witness: At a quarter to seven. Gerald Casey, labourer, Waihou, said he was assisting in the bar of the Waihou Hotel on the afternoon in cruestion Walker brought in a jar, which he asked to be filled with beer. Witness filled it as requested and handed the jar back to Walker, who paid him 12s. While in the hotel Walker had four or five small whiskies —each about half the usual 6d measure. He was sober when he left at 5:4 5 p-m. In answer to His Honour, witness said Walker really only drank the ’ equivalent of two good sized whiskies. Brakes Practically Useless. Leonard Charles Russell, motor mechanic, said the police asked him lo examine Walker's lorry. Walker spoke to him about haif-an-hour after the accident and witness had no doubt lhat prisoner was under the influence of JUquor. Witness found the steering gear ■ fCantlmip/l r.pyt r.nlnmn.)

of the vehicle quite all right, although there, was a slight wobble of the’ wheels. tn answer In His Honour, witness. said the effect of (lie lorry, with its wheels in lhat condition bumping on a stone, would nol cans.it, to alter its direction. The brake? were practically useless. (Proceeding,.!. 1