MAORI ON TRIAL

Hawke's Bay Herald-Tribune, Volume 81, Issue 28, 27 October 1937, Page 6

MAORI ON TRIAL

Alleged Negligent Drjving SEQUEL TO ACCIDENT — ' Evidence lor the prosecution was commenced this morning, before Mr Justice Ostler in the Supreme Court at Napier, in the trial of Gerald James, a Maori, of Otatara, for alleged negligent driving causing death. Several witnesses are to be called by the Crown. and it is anticipated that the case will not be concluded until to-morrbw. The Crown Prosecutor, Mr H. B. Lusk, opened the prosecution, . and Mr C. G. E. Harker appeared in defenco. The jury is: Messrs A. H. Fenton • (foreman), G. F. Gordon, H. Hardaker, E. S. Burkitt, C. J. Brown, E. E. McCormiek. W. T. Ennor, L. F. Hall," F. Gebbie, K. C. B. Frame, J. T. Deakin, L. M. Theakstone. James is charged witk negligently driving a motor-vekicle .on the NapierTaradale road near Greenmeadows on June 27, tkereby causing the death of Maananui Tareha. ' William Alexander O'Dowd, a farmer, of Otatara, said that in tho early -morning after a party at his home, lie asked James to take his aunt and her daughter back to Napier. Jame? Was^a capable driver and had often before driven the truck which was used.

His Honour : AVlien you drovo your aunt from Napier was the truck in good order? Witness ; The brakes might liave swollen. It had, been standing out in the rain. • Was it alt right when you usedrit? — "Yes." The truck had been in rain during the party, witness said in cross-exami-nation. It had also been driven through salt water, and on several occasions the brakes liad held for some time before releasing tliemseives, gripping sufficiently to slow the truck. He recalled a case some time ago jvhen a horse had hit a telegraph pole and snapped it off. Frank Fordon Hildreth, a contractor, of Fernhill, said tkat after being passed on the Napier-Taradale road by a light truck, ke lost sight of it and some' minutes later found tkat it had crasked into a power pole at tke corner of Auckland road and Gloucester street. Two men inside were unconscious/ James be-' ing in tke driver 's seat. Tke passenger kad toppled over bekind the driver. In cross-examination, witness told Mr Harker that all the time he saw tlie truck, it was being driven in a reasonable manner. . Evidence that he saw a vehicle pass at a speed .he estimated at at least 60 miles' an hour, was given by Arthur Emmett, a trawler engineer, of Taradale. It appeared to be a three-seater or a light truck, and when he iiad proeeeded about 100 yards in the opp'osite direction, he heard a crash. (Froceeding.)