NELSON MOTOR SMASH

Hokitika Guardian, 5 October 1925, Page 3

NELSON MOTOR SMASH

[UY TELEGRAPH —I*UU PRESS ASSOCIATION'.] NELSON, October 5. Mr T. E. Maunsell, 5.M... gave his reserved decision in the charge ol manslaughter against L. W. Field, in connection with the Wiiimea Road motoring fatality, involving the death < >l M?ss L. E. limit. The Magistrate's decision was: " I have decided to commit accused lor trial. That being so. I think, upon full consideration, that my reason lor doing so. alter hearing the evidence ol both sides, ought not to he set out as lull a- it would he in presenting a one-sid-ed view ot the evidence, which might prejudice the accused at his trial. I feel it necessary to explain the committal. However, in view of the tact that all eye-witnesses ol the speed at which the accused was travelling, although called for the Grown, gave evidence favourable to the accused. They were friends ol his and had that evening snout a jovial time at a hall. Having regard to this fact, coupled with certain circumstantial evidence, and tin* accused’s own estimate ot the speed, which is unlikely to Ik* overestimated. (I have a grave doubt as to whether they have not been influenced by not unnatural sympathy tor the accused) to state that the speed was safe and reasonable. I consider it should he left to a jury to say whether this evidence is reliable. The question, moreover, a- to whether the accused was adopting a proper course in driving along this road at a speed of 3<> to Ho miles per hour, as admitted by him. and attempting to pass another car going in the same direction and m a comparatively narrow part of the road and opposite the electric light pole, is essentially a question for a jury. There was conflicting evidence on the question. I do not wish to indicate whether 1 should, or should not have convicted the accused had l l>een trying the case. All 1 decide is .t hat a jurv might reasonably contiitThe accused pleaded not guilty, reserved his defence and was committed to the next sitting of the Supreme Court for trial. Rail was allowed in self £IOO and one surety of £l5O. An open verdict was returned after

formal committal, and the Magistrate speaking a.s coroner, said ho did not propose to call any further evidence in connection with the inquest. and in view of the fact that tho defendant had hocn committed for trial ho would return an open verdict as follows: -

“That the deceased died from internal injuries received through a motor car, in which she was riditift, collidinir with an electric 1 iirht pole, such car heino driven by l.eonaril AVilliam Field.”