DRIVER BLAMELESS.

Waikato Times, Volume 113, Issue 18877, 22 February 1933, Page 8

DRIVER BLAMELESS.

MOTOR-CYCLIST’S DEATH. ■ —• NEGLIGENCE NOT PROVED, COLLISION ON RAGLAN ROAI\ After a brief retirement the jury returned with a verdict of not guilty in the case in which Alexander McGlashan, fisherman, of Raglan, was charged in the Supreme Court, Hamilton, yesterday, with negligent driving thereby causing the death of Charles Edward Belcher. The trial resulted from a collision on the HamiltonRaglan Road near Te Uku on the afternoon of October 13 last, between a motor-van driven by the accused and a motor-cycle ridden by Belcher, who later died in hospital from his injuries.

Mr H. T. Gillies represented the Crown and Mr J. F. Strang appeared for the accused.

Following is the concluding evidence after we went to press yesterday :

William Belcher, farmer, of Te Uku, father of the deceased, did not remember McGlashan telling him that his son was travelling at a high rata of speed and that he made a wide turn around the bend.

Charles Valentine Risk O’Neil, carpenter, gave evidence of his observations at the scene of the accident. He observed marks showing that the motor cyclist was on his wrong side near the point of impact. >— Owen James Bagnall, farmer, of Te Uku, and a brother-in-law of the deceased, gave corroborative evidence.

Constable J. O’Sullivan, of Raglan, said he reached the scene of the accident two hours afterwards. He obtained a statement from the prisoner in a subsequent interview. In It McGlashan said he noticed the motorcycle going around the bend in the road. The motor-cyclist appeared to be “running wild,” so he called out to the rider to mind where he was going. As the prisoner swerved his motor-van to the ,correot side the motor-cyclist appeared to wobble towards him across the road and struck the right-hand side of his vehicle. This concluded the case for th* Crown. Prisoner’s Version.

Prisoner, in the wltness-nox, said on the day of the accident he was returning to Raglan after selling fish. He noticed a motor-cyclist some distance away and believed he was carrying a pillion-rider. He testified to the veracity of the statement he made to the police. Belcher drove around the bend on his wrong side. He was riding in a crouching position with his head down. About a chain away he called out to Belcher to mind where he was going. Belcher then looked up and although he made an effort to keep to the left his machine wobbled across the road and struck his van. He denied that he had made a sudden turn and "swooped” across the bend. To Mr Gillies, prisoner admitted •that in bis statement to the police lie had not mentioned that Belcher had his head down or that he (pri- i soner) had sounded his horn. He * denied that the accident was caused through him changing across to his correct side at the last minute. He denied that he was half asleep when the accident took place.

Alfred Rice, formerly cycle dealer, of Hamilton, considered It would be difficult ■‘o steer a motor-cycle around a bend covered with loose metal with a dead-weight of potatoes on the pillion.

Recalled, Constable O’Sullivan said Belched was carrying on the pillion two sacks of potatoes weighing 251bs and 801bs respectively, in addition to two benzine ■ tins. Keith Robertson Gibbons, motordriver, of Mokai, described the marks on the road after the accident and expressed the opinion that the motorcyclist would have difficulty in steering with a load.

"Highly Dangerous. l ' James White, surfaceman, of Raglan, said he and Mr Campbell were first on the scene after the smash. The swerve of the lorry was gradual up to the point of impact. He considered at the time that it was highly dangerous for the motor-cyclist to carry two sacks of potatoes over the road. William Campbell, engine-driver, of Port Waikato, gave corroborative evidence. McGlashan must have been well on his correct side at the point of impact, said witness. Milda Wilson, of Raglan, said she examined the wheelmarks and did not consider McGlashan was on his incorrect side nearing the point of impact. Addressing the jury, Mr Strang submitted that the evidence was of a hazy and conflicting nature. It was clear, he claimed, that McGlashan was on his correct side of the road at the point of impact. What McGlashan had told the constable tallied in substance with his evidence.

Mr Gillies contended that the prisoner was guilty out of his own mouth since he had stated himself that he had swerved to the left just before the impact. It was self-ap-parent and unanswerable that had McGlashan kept on his correct side throughout no accident could . have happened. After a short retirement the jury returned with a verdict of not guilty.