A QUESTION OF SPEED

Hokitika Guardian, 3 November 1930, Page 5

A QUESTION OF SPEED

MOTOR FATALITY,

JURY DISAGREES IN CHARGE AGAINST YOUNG MAN.

AUCKLAND, October.3l/ The opinion that it is impossible to judge the speed of an approaching car from another car directly in front was expressed by the touring manager of the Auckland Automobile Association in the Supreme Court this morning in giving evidence in a case in.which Robert John Burling, aged'twenty-four, of Piriaka, near Taumarunui, was charged that on August 2 last he negligently drove a motor-car at Manurewa and thereby caused .the death, of a passenger in his car, Charles Berry Simons. The case was heard before Mi- Justice Smith. .Mr Allan Moody appeared for accused, and Mr Hubble conducted the case if or the Crown. The three-seater car which accused was driving struck a A telegraph, post near the Mahia bridge shortly after. 10 p.m. on A.ugust2 ; .and jjiipons, a close friend pf accused was killed outright. Acussed escaped, with a few scratches, The' driver of one of the AucklairidPukelcohe bußos, Lawrence Smith,. sjMd that accused’s.car passed him on ’’.the Mahia .bridge, .travelling at a grbat speed.U 'Knowing of a bend that ske other ear.j was. Approaching, he loakid into ;his and saw the stead; of taking*.;: the curve, go strni|ht ahead And-Hit- the post, He went to the scene of 'the accident, seemed and smelt of liquor, to judge his sobriety-,.' Witness had picked up'a broken bottle on the road. A statement by accused in which be said that he had had only three drinks in Hamilton I ,' and that if there was any liqour in the ■ car he knew nothing about-it, was produced by Sergeant Rowell. . . ■„■

Reginald James Boyt, an Anglican, minister, said .that ,he had knownaccused for two years, and he did not think lie was : addicted to drink. Witness, saw accused between 5 and 5.30 p.m. on the day of -the accident, and he then was perfectly normal and quite capalbe of driving a car, • Roy Edward Chaiiiptaloup, touring manager of the Auckland Automobile Association, said that it. was impossible to judge; the speed of an l approaching car from another car directly in front. The appearance 6f the road near the scene of the fatality gave the impression that it went straight ahead. It was very misleading, and was deceptive even during the day. After the accident, the Auckland Automobile Association Council passed a resolution drawing the attention of the Post and Telegraph Department to the danger of the post, and requesting its removal, A symbol sign fitted with red reflectors had since been placed by Hie association at the. end of the straight strip of. concrete. ,- Jff Harold George Lovell said that he arrived* on the scene-of..tlte accident ;» few miputes after tlie sfhash, Burling was upset, but his speech was normal, and he-was quite sober.. “■!. . ‘ , In answer to Mr Hubble, witness paid, that he had noticed a smell of liquor about accused.

“I am certain accused was quite sober,”; said Miss Irene Florence Maberley, who lives near the scene of the fatality. Accused got a big shock when informed that his fpiend was dead. Quite a number of acoidenta had occurred at the corner, and witness ’had often seen motorist gpvery neat’: ! tlje post even in the day-time, Colin Ray Ross, a passenger by "bus who passed accused’ car' just before the smash, Baid that the other car appeared to he driven in an ordinary manner, and was on its correct side’of the road. Witness said he had a sort of-presentiment that somethihjg wopjji happen when the bus passed the earn*,. Asked by Mr Justice Smith what he meant by a presentiment, witness sftid that the bus swung out towards the middle of the road, and, there did ittii appear to be too much room for Burling’s car to get through. (L The jury disagreed, and a .new trial will be held. .