JOCKEY FOUND GUILTY

Chronicle (Levin), 9 August 1947, Page 5

JOCKEY FOUND GUILTY

■ Press , Assoctation

Failed lo Stop. After Car. . Accident ,

By Teleampn-

NAPIER, Ang 8. Aubrey Midwood, aged 26, of Palmer ston North, joekey, was found guilty in the Supreme Court this afternoon on a eharge of- failing to stop after an acci dent. Midwood was acquitted on a second charge of negligent driving, cansing bodily injury. The jury were absent nearly. two hours. The cliarges followed an aceident at Hastings on June 22, 1946, when. a cyclist named Hames Albert Woodfield was injured thro.ugh being struek by a car. The hearing eommeneecl on Thursday when Midwood 's former fiancee,, Gay Dplores Andcrson, aged 18, of Palmerston North, whpse name was snppressed . in the lower Court, gave evidenee of informing the police of the faet of : Midwood being the driver of the car, approximately ten months after the accident occurred. She vave evidenee of coming to Hast- -

ings, where Midwood was to ride at the. winter meeting. Witness did not see him on the Saturday until he ealled around in his car that night to take her to a dance. Midwood took her into the dance and left, returning about two hours later. He found her sitting on her cousin's knee. He beeame jealom and to avoid trouble she left with Midwood. Mr. Woodhouse: Did you notice anything about him? — Yes, he was drunk. Witness said she told M^(IW00(I there was a cyclist ahead and he told her to "shut up. " They swerved to the left side of the road, came up behind the ''.yclist, and a collision occurred. Mr. Woodhouse: What was said after that? — 1 begged him to go back. ' A long time afterwards or not? — 1 -•ouldn 't say. What did he do? — He swore at me and said it was the worst thing hc c.ould do.

Witness added that they drovt around to her aunt's and Midwood told. her tO/ get her things; they were going back to Palmerston No.rth and if she was more than 10 ininutes he would f'bme in and drag her out. At Palmerston North, she eontinned, Midwood warned her not to sa}' any thing until he had seen a lawyer. Tf questioned she was to say that a bouldcr earae down on the car while they were travelling through the Mana watu Gorge and broke the windscreen. He threatened her with violenee if sh& went to the pplice. Cross-examined by Dr. Mazengarb, witness said she became engaged to Midwood on Anzac Day, 1946, when she was 17. Questioned further, witness said she drove back to Palmerston North that night with Midwood because it was the . only wav she had of getting home. Dr. Mazengarb: You wanted to. report the accident iu the 10 or 12 months ;ince it happened? — Yes. Well, why didn't yon? — For the. simple reason that I was knocked around and threatened and never had a chance. IIow manv times did you go to Hastings to report it? — Twice. When Midwood wasn't there? — Yes. Didn 'l you have a chance to report it then? — Yes. „ Then why didn't you report it? — Be cause 1 asked him if he would report it or not. He said he would let me know when 1 came to Hastings. H,e sent me a telegram saying he would tell the police, but when 1 saw him that night he threatened me again and told me to keep my mouth shut. Then I knew he wouldn't tell, so T came straight back to Hastings and reported the accident. That was in May of this year. Do you remember the telegram you sent: ' ' Leaving ]„30 p.m. for Hastings. Asking for police protection. No sym pathv "? — Yes. Why, did you send that? — T had no sympathv for him. As I have stated before, he knocked me around for one year. Didn't you hold a threat against him that if he didn't come to your house and if he didn 't take you to daneea you would go to the police? — No, delinitely not. Counsel produced a note written by witness to Midwood, sta'ting: "Aub, if you don't come to any agreement before tonight is through I am sorry but I won 't aslc you agaip, because you won't find me willing in any way at all." Dr. Mazengarb: Do you remember writing that? — Yes. What was the agreement you wanted him to come to? — It was nothing to do with the case at all. It was personal. Do you remember accused being ad mitted to bail in Hastings? — Yes. And you remember the conditions of bail ?- — Yes. Did you subsequently seek him out? — No, certainly not. Did yon go with Midwood into a cliureh? — Yes. Did you not suggest that' the church would be the best place where you would not be seen? — No, because he said the church would be the best thing for what he had to say. He piore or less threatened me. ■ Did you not suggest that he should marry you and tliat would alter the evidence?-*-No, definitelv not. Did you know the police were looking for you? — Yes, I went down to the police station. Were you frightened of the police, too, at that time? — No, at that time he threatened that if I came into this Court and didn't change my statement on the negligent driving charge he would bring letters iuto this Court to blaeken .my name. - When was this statempnt made? — - When accused approached me at Hastr ings. y Why dicln't you tell the police? — Because T was too afraid to tell them. Now, I just want you to be careful, and I 'm giving you the last opportunity you will have of admitting that you rang Midwood at this hotel when he 1 (Continued on Page 7)

JOCKEYHFOUND GUILTY

(Continued from Page 5) was with his bondsmen. — I did no't ring accused. 1 rang no one. You want the Court to believq you just casualiy met him? — I didn't easually nieet him. He met me. Whyhave you lied to the poliee about it? — Beeause I was afrai(I of him. The cross-examination / of Miss Anderson by Dr. Mazehgarb occupied an hour and a half. The Defence Addressing the jxiry Dr. Mazengarb said that it might be wondered why the defendant did not plead guilty to the eharges, but there was a special reason for this. The defendant had ' found "this. sophisticated girl of 17," to whom he was engaged, sitting on ancfther man's kmee, with his arms about her. He had then insisted on her going Irome with him. "If 'it had not been for that, he would not have been on the road he was on, and the accident would not have happened. ' ' Dr. Mazengarb said the defendant was oue of those people wlio had developed a sudden fear of conse•ctuences. Ilaving had some liquor, he

was more afraid of the results of whai had occurred. "He tlien gets liimself into more serious difliculty, the serious charge of failing to stop and render assistance, " said Dr. Mazengarb. "It is all the more serious for him as a joekey, with his whole future and his whole diveliliood at stake. ' ' The girl, who might have given him some help and persuasion then, had the defendant where she wanted him, eoun- I sel deelared. This was shown by the evidence that he had been told that he must do as she wanted — a virtual threat. "She was afraid of him, she says, from that night on, but she wrote those passionate love letters," said counsei. "We put to you, gentlemen, a different story altogetiier. We say she was liold ing a threat over him. All her stateinents amounted to that." There had been the incident in wliich Midwood had drivep her to the poiice station and told her to " go in and tell." She had refused.

Continuing, counsei said that aftei the Lower Court hearing, thc girl again b rough t pressure on Xlidwood, actually taking him into a church to ask him to inarry her. Counsei said the evidence of the girl Avas wholly unreliable and should be disregarded. "She is not content with telling thc policc that Midwood was involved in

an accident, but tells then; he was 'very drunk.' Hell knows no fury like a wouian seorned, " coiududed counsei i Accused Gives Evidence. Midwood, in evidence, said he had been a jockey since 1937 and becanuengaged' to (iav Anderson after know ing her about three months. On thc day in question, he was riding at Hast ings. After the race ineeting he had some liquor and took the girl to s dance. He left her tliere and, return ing, found her with her arms round another man whom he did not know He pulled her to her feet and told hei he was taking her where she was stay ing. He claimed he was not travelling more tlian 30 miles per hour down Southland Road and pulled out to avoid pedestrians. He then returned to hi^ correct side, but did not see the cvclisi until he was right on top of him. Wit ness said he decided to return to Palm erston North that night. He denied tolling the girl he would "drag her out ' ' ~if she did not accompany him. V considered he was in a tit state to drive to Palmerston North. Late'r wlien he was away in Riccarton the girl had written passionate love-letters every

day, but there was no suggestion of hei going to the poiice. He was then in Auckland for three months. The letters continued in the same strain and latei she began to make threats and did this quite often, especially in the two months before the Lower Court pro ceedings. After those proceodings she suggested going into Ihe chureh. Phe said she was sorry for him and regret ied reporting the matler oi: the acci dent to tlie poiice. >She suggested he should marry her.". Wit ness denied that he ■ told her that he would publish liei letters unless she would cliange her ovi dence. This conclud-ad the accused 's evidence in chief. fSumming up tlie Judge said lie did not think tlie juty would have any dil iiculty regardiag the charge of failing to stop, beeause the aocused in hi^ statement had adniitt'od knowing the accident had occurred. There was also the i'aet that tlie windscreen of the car was smashed. Regarding the negligent driving' charge the •! udg'Q said that the | jurv would liava to take into account the accused 's state of mind following the dance hall incidenL