VAN-DRIVER ON TRIAL

Waikato Times, Volume 113, Issue 18876, 21 February 1933, Page 6

VAN-DRIVER ON TRIAL

MOTOR-CYCLIST’S DEATH.

CRASH ON RAGLAN ROAD.

ALLEGATION OP NEGLIGENCE. Charged with the negligent driving of a motor-van, thereby causing the death of Charles Edward Belcher, a Raglan fisherman named Alexander McGlashan stood his trial before Mr Justice Smith and a jury in the Supreme Court at Hamilton to-day. The offence was alleged to have taken place on the Hamilton-Raglan road near Te Uku on the afternoon of October 13 last. Mr H. T. Gillies prosecuted for the Crown and Mr J. F. Strang represented the prisoner. In opening, Mr Gillies impressed on the jury that there was no suggestion that the prisoner was driving at an excessive speed or that lie was under the influence of liquor. McGlashan was proceeding towards Raglan in a delivery van and Belcher, on a motorcycle, was travelling in the opposite direction. Approaching a bend in the read, McGlashan drove on his wrong side of the road but changed over to his correct side as the motor-cyclist approached. The latter, however, was so flustered at the van-driver’s negligence that he swerved and collided with the van, receiving serious injuries from which he subsequently died in hospital. Mr Gillies informed the jury that any contributory negligence on the part of the motor-cyclist was not a defence.

Died of Injuries. The evidence of Dr. S. C. Colbeck, formerly on the medical staff of the Waikato Hospital, was read. Dr. Colbeck said Belcher was admitted to hospital at 9 p.m. cn October 13. He was suffering from severe injuries and next day his condition improved sufficiently for his fractures to be set and the wound cleared. However, he became steadily worse and died on October 17. In the opinion of witness death was due to laceration cf the brain caused by the accident and aggravated by the shock of his fractures and abrasions.

Photographs of the scene of the accident were produced by Constable V. G. Naylor, who also gave details of measurements.

To Mr Strang, witness agreed that the bend was gradual, but he did not consider it would be possible for approaching motorists on the bend to see for a distance of 40 yards. William Belcher, farmer, of Te Uku, father of the deceased, stated that McGlashan informed him of the accident and he proceeded to the spot. McGlashan alleged that the motor-cyclist rounded the corner at a great speed and crashed into him. At the time of the accident ills son was carrying about one cwt. of potatoes on the back of the machine. When witness asked his son what happened the latter replied that he did not know. Witness saw the slcid-marlcs of the motor-van on the wrong side of the road. Cross-examined, witness was emphatic U>at from his view of the marks on the road his son was on his correct side at the time of the impact, lie did not believe McGlashan applied his brakes before the impact. (Proceeding.)