SUPREME COURT

Hokitika Guardian, 30 October 1930, Page 6

SUPREME COURT

FINED £250 FOR NEGLIGENT DRIVING.

(By Telegraph—Per Press Association.) CHRISTCHCURCH, Oct. 29. In tlie Clemen’s case, Mr R. Twynehani, for tlie defence did not call evidence, and the Crown Prosecutor did not address the jury. His Honour, having summed up, tlie jury retired and J returned after an absence of an hour and forty minutes with a verdict of not guilty on tlie manslaughter count, but guilty on that of negligently driving, so as to cause the death of Reynolds, who was passing in Clemens’ car.

In fining Clemens £250, in default six months’ imprisonment, Chief Justice Myers said that he was determined that anything that could be done by the Court to make the roads safe would be done. There was no doubt in his mind that Clemens was driving at an excessive speed past the gates of Paparua Prison, where the accident occurred and apparently tlie jury was of the same mind. There was the fact that Clemens was acting under instructions from his employers, but that did not excuse the offence. “I inn going to fine you” lie said, “and the fine is going to be a heavy one. I think it. should he the moral duty, of your company to pay the line. You will he fined £250 in default six months’ imprisonment. Persons who (‘bine before this Court and are found guilty of this sort of offence where loss oi life is concerned, cannot expect the Court to extend leniency.”

on tlie application of Mr Twyneliarn, Clemens was granted until next day to pay the fine. The Judge remarked that he d'd not not wish him to spend the night in prison.

A! ANSLAUGHTER CHARGE

WELLINGTON,’October 29

The ‘trial is proceeding in the .Supreme Court of John Matthias Gamble, motor-car specialist, charged with manslaughter, and alternately with negligently driving a motor car so as to cause the death of Joseph Alfred Banks and Cicely Mabel Grigg. The charges arose out of an accident on th main Toad at Heretaunga on .September 2. A car driven by Gamble ,and a motor cycle on which deceased was riding, collided. . For the Crown,-Mr Scott said the total distance travelled by the accused after the collision was 124 ft lOin. When the accident happened, Gamble was entirely on the wrong side of the road, and the cause of that it was submitted, was that he came round the bend in tlie road at such a speed that lie was unable to keep the car on the correct side. The evidence is of a lengthy nature and the case is expected to occupy two days. THE GAMBLE CASE. WELLINGTON, October 29. In the Gamble case evidence was given by a motor engineer of braking'tests'showing that from a speed of 40 miles an hour .with the engine de- * clutched aiicl tlie brakes applied, a car skidded 91 feet. Without declutching and with applying the accelerator, tlie car skidded HO feet. He admitted Mt was possible on the car accused was driving to apply brakes and accelerator at the same time if the driver were flurried.

A constable from Upper Flutt sard, accused bad admitted the skid marks were his. He said lie - must have applied the foot brake and accelerator at the same time. He also bad said that his speed at the time must have been between 35 to 40 miles per hour. This concluded the case for the defence, and the Court adjourned till to-morrow.