MOTOR-CYCLE FATALITY

Waikato Times, Volume 113, Issue 18878, 23 February 1933, Page 8

MOTOR-CYCLE FATALITY

DEATH OF YOUTHS. TRIAL OF TRUCK-DRIVER. JURY FAIL TO AGREE. In the case in the Supreme Court, Hamilton, yesterday, in which Glifton George Daw, motor mechanic, of Auckland, was ‘Charged with negligent driving of a motor truck, thereby causing the deaths of George Alexander Wadham (17) and Noel Joseph Anderson (17), the jury failed to agree and a new trial was ordered for the next session. Following was the concluding evidence after we went to press yesterday : Accused was represented by Mr W. J. King and Mr H. T. Gillies conducted the case for the Crown. To Mr King, Constable A. Dold, of Cambridge said Daw was anxious to help him in every possible way after the accident. William Mear, sawmill foreman, of Rotoiti, said he was motoring from Rotorua to Auckland on the day of the accident. He remembered the motorcyclists passing him at a reasonable rate. Ernest Alexander Gee, manufacturing jeweller, of Auckland, testified that he arrived on the scene soon after the accident. It appeared that 30ft away from the point of impact the motor-lorry was on its incorrect side. He considered the motor-cycle had room to pass. This concluded the case for the Crown. Case for the Defence. In opening for the defence, Mr King pointed out that it was no breach, of the law to drive on the wrong side of the road providing there was no trafflo on the road and the circumstances were safe. If a driver drove on the wrong side, however, there was a super-added care. It was not negligence to drive on the wrong side if the road was clear and this was the only charge made against Daw. Counsel, explaining the oause of the accident, pointed out that Wadham’s cycle had a large wheel base which made’it difficult to control in rough metal or in a skid. It seemed certain that the motor-cycle skidded and crashed into the truck.

Sidney Bennett Sims, civil engineer, of Hamilton, produced plans and photographs concerning the scene of the accident. Frank Ibbotson, motor-cycle dealer, knew machines of the type used by Wadham. on the fatal journey and the wheel base was considerably longer than the average machine. In the event of a skid it was much harder to control a machine with a, longer wheel base. It would be hard to recover from a skid on a rough road with such a machine. Harry B. Taylor, railway employee, of Auckland, said he was travelling towards Tirau and arrived shortly after the accident. He traced the track of the motor-cycle for 50yds back from near the point of impact and got the Impression that the motor-cycle pursued a wobbly course. There was a .slight curve towards the point of impact. In witness’ opinion the road was “frightfully corrugated” and in a shocking condition. In the witness-box, prisoner sa(d

he had been driving motor vehicles for 16 years and had never had an accident nor prosecution In that time. His employers were Alec Harvey and Sons, of Auckland, for whom he had been working for 10 years. As there was no traffic approaching he drove on the wrong side of the road for a while at Karapiro. When he first saw the motor-cycle it was about 130 yards away and witness immediately swerved over to his correct side. Wadham steered down the middle of the road and witness stopped the truck. The motor-cycle then swerved towards the truck about 10 yards distant and a collision took place. His Honour’s Summing-up.

In summing up, His Honour emphasised that it was not negligence to drive on the wrong side of the road providing there was a long stretch of road* in front with no approaching traffic and there was a good surface on the wrong side. Under such circumstances the driver should keep a special look-out for traffic and pass over to the correct side in ample time to prevent other traffic being endangered. Did the accused fulfil that duty? He was 113 yards away when he saw the motor cycle and he travelled 24 feet before applying his brakes. After a retirement of four hours the jury failed to agree and a new trial was ordered for the next session of the Supreme Court. Accused was raleased on bail.