DRIVER IN COURT

Dominion, Volume 28, Issue 98, 19 January 1935, Page 4

DRIVER IN COURT

Sequel to Wairarapa Road Fatality ORDERED FOR TRIAL Dominion Special Service. Masterton, January 18. An aftermath of an accident on the main Masterton-Carterton highway on the night of November 30, when an elderly man, Thomas Lacey, of Masterton, was knocked down by a passing motorist, and later died from his injuries, was heard in the Masterton Magistrate’s Court to-day, before Mr. J. Miller, S.M., when John Stewart, cf Masterton, was charged with having negligently driven a motor-car on a public highway so as to cause the death of Lacey. Stewart w r as also charged with having failed to stop and with failure to report the accident to the nearest police station. Accused W’as represented by Mr. S. V. Gooding. He pleaded not guilty to the major charge of negligence and guilty to the other two charges. His evidence was reserved in the indictable offence. After hearing lengthy evidence, the magistrate committed accused for trial at the next session of the Supreme Court at Wellington. Bail was fixed at £l5O, and two sureties of £75 each. I On each of the other charges Stewart was convicted and fined £5, with 10/costs. A motor-cyclist, Leonard Arthur Daysh, an assistant employed at the Greytowm cheese factory, said that when returning from Masterton on the night of November 30 he passed a man. who appeared to be middle-aged, when about quarter of a mile past Madden’s farmhouse. Though the night was fairly dark, visibility was good. The man put up his hand for witness to stop when the machine was about 20 feet off. Witness did not stop, but noticed nothing strange about the man. About quarter of a mile further along the road witness passed a five-seater motor-car proceeding toward Masterton on the correct side of the road. The car was travelling at a moderate speed- Returning along the road shortly afterward, he found a bus pulled up near where lie had passed the man, who w’as now lying on the side of the road. Bus Driver’s Evidence.

Vincent Claude Andrews, bus driver, employed on the Masterton-Carterton road, gave evidence of how he found the man lying on the side of the road, about a quarter of a mile past Madden’s homestead. He was bleeding about the face and had a wound on the forehead. There was no evidence of his having taken liquor. About quarter of a mile along on the Masterton side of Madden's house, witness passed a fiveseater touring car, with one odd light. It appeared to be going at about 30 miles per hour, and was being driven in a normal manner.

Evidence by Dr. Archer Hosking, medical superintendent at the Masterton Hospital, showed that death was due to shock and peritonitis. There were no signs of alcohol on deceased, who suffered from poor eyesight. One of the passengers in the ear driven by accused, Henry James Flynn, said he left Masterton by bus for Carterton about 9 p.m. He left the bus at the Taratahi Hotel. While he was still at the door a car approached and two men stepped out. All three were refused admittance, and it was then suggested that they should go to the Royal Oak Hotel. The two men whom witness joined were Jack Hughes and John Stewart. They arrived at the Royal Oak Hotel about 9.45 p.m. Witness had about half a dozen drinks. They all had about the same. When leaving the hotel he took four bottles of ale with him. On the return journey Stewart drove the car, and all three were perfectly sober. They took the main road for about Gi miles and then deviated along a back roach He presumed they had an accident. He felt a slight bump, but did not see a man fall. He had a recollection of looking round and said it was all right, or words to that effect.

“Deserves to be Killed.” Thinking they had missed the man, witness said to the driver, “That man deserves to be killed." He did not think Stewart replied; and he heard Hughes say nothing. It was a fair night. He had no idea why they had turned off the main road, and he heard no mention as to why this was done. He knew nothing of a man having been knocked down on the Carterton Road until he saw it in the newspaper ou Monday morning. When he read the account he thought it could not have been them, as he believed the man seen -was on a bicycle. Corroborative evidence was given by Eugene William Hughes, labourer, Masterton, who went to Carterton with Stewart. At the Taratalii Hotel they were joined by Flynn. Witness had about six or seven long beers. Before they left Stewart did not have the last drink. He presumed the reason for their deviation off the main road was in case someone wanted a drink. There was, however, no beer drunk in the car. He saw no one walking on the road. He felt no bump, and if there was one it must have been very slight. He heard neither of the other occupants of the car pass any remarks. Detective F. N. Robinson, of Wellington, stated that on December 5, in company with Sergeant T. H. Dyer, be interviewed accused at his home. Stewart admitted the visit to Carterton and said they kept on the main road all the way to Masterton. He also said he saw jo one on the road and did not feel a bump. After that ipterview Sergeant Dyer and witness interviewed Hughes at the Masterton Police Station. As a result of what he told them they immediately returned to Stewart’s home aud pointed out .that the two statements did not agree. Stewart then said he had knocked a man down on the main road. He said the man stepped out from the shadows right in front of his car and he had no chance of avoiding him. He started to pull up, but one of the occupants of the car said “Go for your life; he is not hurt much,” or words to that effect. Detective Robinson’s evidence was substantiated by Sergeant Dyer.