THAMES ROAD ACCIDENT

Hauraki Plains Gazette, Volume XXXVIII, Issue 5214, 9 December 1927, Page 4

THAMES ROAD ACCIDENT

ALLEGED DANGEROUS DRIVING. COURT PROCEEDINGS INSTITUTED The collision on Thames Road between a motor-car and a motor-cycle, ridden by Hui Bennett, Junction Street, Paeroa h adits, sequel at the local Magistrate’s Court, before Mr F. W. Platts, S.M., on Monday, when Herbert James Harris, farmer, Maratoto (Mr A. G. T. Bryan), was charged with, on September 9, 1927, driving a motor-car on the Paejroa-Thames road in a manner dangerous to the public. Sergeant D. L. Calwell conducted the prosecution. William Fleming, engineer, Paqroa, said that he received a call to proceed to Thames and passed the scene of the accident. On thei return journey he examined the site, and pointed out on the plan where blood was visible on the mud in the water-table; on the left-hand side of; jbe- road coming towards Paeroa. The' damaged motor-car was about one And a quarter chains from where the iblood was. Wheel tracks showed that the car had swerved sharply to the left, but he could not swear as to what make of car had made the marks. The front off-side wheel of the car was damaged, a tyre burst, and the offside, rear mudguard was bent, and the tyre on the same side was flat. Witness detailed the d.amage done to the mdtor-cycle, which, >he stated, was not serious. To Mr Bryan witness said that he> had sold the motor-cycle to Bennett, and at the time of the smash about £7B was owing on it. There was no insurance on the motor cycle, which he had taken back to his garage. It was quite possible that there was heavy traffic on the road, but mo mistake could be made as to the tracks of the car swerving to the left. A plan produced by Mr Bryan was approved by witness, who said that it was natural for a motorist to drive a car some distance after an impact so as to clear the road. Evidence -was given, by Constable McClinchy, Paeroa, that he had examined the scene of the accident on the night of the occurrence and again' next morning. / He had taken certain measurements!, and had had the plan prepared by the Ohinemuri County Council’s engineer after a survey of, the z site had been made. The distance of the wheel, marks crossing the road to where the blood' was, measured ,12ft 6in. From the blood to the metal was 3ft, and from the wheel marks to the edge vof tlhe metal was about 4ft in from tbe clay near the water-channel. The tvheel marks showed that the car had t aken almost a right angle turn to th e left. . To Sergeant Calwell y zitness said that the road had several ruts at the scene of the accident, an d as a rule motorists drove on their wrong side of the road to avoid theiaa. There was about only one motorist in a hundred who kept to his proper* 1 side in that locality.

To Mi* Bryan witness said that it’ a motor-cyclist crave’lied fast roundthe corner he would f jo over the bank. He denied telling Wlr Alley that lie could not identify J jhe .wheel marks.

On resuming aft .or the luncheon adjournment Frank 'Uellirig labourer, Paeroa, said, that he was driving in a car about 200 yairdis behind Bennett on the evening ( of the accident. He and. Bennett were triding at from 15 to 18 miles an liouz. He detail ed the position in which Bennett was lying and the exten.t of his injuries. The marks of Ha.rris’ car could be seen quite plainly, .and it appeared as if the car had turmed sharply. When he reached Bennett the car driven by Harris had not periled up.

To Mr Bryan witness said that the speed was estimated only, as there was no speedometer on the car. He had been working , with. Bennett,. and the two, of them, had discussed the case thoroughly. He did not remember ~Mr Alley showing the bystande rs thrxt it was no fault of Harris’ that t’.ie accident had occurred. He considered that the tyres o\ the car had been punctured through the way Harris ihad swerved. TVhere the accident occurred the roa.,d was in good order, although it was a little bumpy-

Jack Kaio said tha he was in Mr Dalz ell’s car with He] Hing, Nothing had been said about the motor-cycle racing the car. He did not re.uiember all that had been said-

William Pennell, taj :i-d river,. Pa®' roa, gave evidence of rei ceiving a t® le ‘ phone message from Hijkutaia to proceed there to convey Bisnnctt to ti>® hospital. He examined .the marks ©f the car driven by Harris, and ti damage it had sustained. He alway » drove on his proper side of the road. - The marks of Harris’ car showed, that it had turned to the loft from the right-hand side almost at right angles. There was. nothins on that part of the road to cause a, motorist to leave his right side 9f • the road. The footrest of bhe cycle n ray have caused the holes in the tyres , and the damage .to the car was c onsistent with a collision having tafc sn plAce, and that possibly the motor-t cycle ihad skidded along the side of tl le car to the back mudguard. Bert Neil, lorry-driver. Pa< >roa, sa id he reached the scene of tbas accident! about 20 mjnutes after it. happened He remembered Alley reimirkibig that; it was a wonder Bennett had! t .ot been killed, the pace he had/ tai ten the corner. In his opinion P oa d was good and the hill not pj, dfffi cult one to negotiate, although mdtoj dsts had a tendency to swing ' to t' he right when taking the ber,d. It was not possible to keep to th e left ,If ' a motorist was travelling f as t, THE DFjjrBNCEL

The defendant, lai j>_ rris> sa id that on the date, j n quests n he had been to /he Wajhou sal® and. had given Mr W. 15. Alley and! his son a lift back to Hikutaia. he whole journey was travelled at a speed of from 20 to 25 miles air J lour. On reaching the hili ' at' Vowle s’ corner he d,id not accelerate the en. gine and the speed dropped down to about 12 to I's miles an hour/ He wa s travelling on his correct side of 1 .he road, The accident was over in a f lash, but as soon as witness* saw 3 motor-

cyclist approach he took off to the extreme edge of the road. He had the impression that Bennett was travelling at racipg speed, .and was leaning well over the machine. Had he pulled up his car*a head-on collision was inevitable, and the only course open to him was to steer the car to the edge of the road, and Bennett struck the car a glancing blow. Witness said he stopped as soon as he could and did all he could; for Bennett and sent a couple of; men to get a doctor. By special request he asked that the police be advised, as he had nothing to hide. The speed at which Bennett hit his car caused him to ricochet into the water-table. A message to the doctor at Paeroa was telephoned from Mr Vowles’ house. Mr Vowles then drove from his home to the scene of the accident and turned his car on the road at the spot. A number of cars had stopped, and there was quite a crowd of people walking about. The ear had not been washed all the winter and had accumulated a lot of mud. When the impact occurred the mud was shaken from the car and clearly marked the exact spot where the car was when the impact occurred. The mud was clear to everyone. .He attributed the accident to the fact that Bennett was travelling far too fast, and it was impossible to avoid the collision. There was no truth in the evidence that 99 motorists out of 100 went to the right on account of the nature of the road and the grade of the hill. Greater care was needed to negotiate the hill travelling from Hikutaia to Paeroa than travelling in the opposite direction.

Dr. G. T. Smith, Paeroa, stated that in response to a telephone message he proceeded to Vowles’ corner and attended Bennett and sent him to hospital. He remembered the patch of mud which had been shaken off the car being on the left side of the road, William Henry Alley, farmer, Hikutaia, gave evidence; of being given a lift by Mr Harris from Waihou to Hikutaia on the night of the accident. The distance, just over 22 miles, was accomplished in an hour and a halfThe surface of the hill was in good order, and it was not correct to say or suggest that 99 motorists out of 100 took the hill on the wrong side of the road. The weather conditions that night were such that any marks of cars would be quickly covered. Harris climbed the hill with his right wheels on about the dead centre of the metal, and when he saw the motor-cyclist approaching at racing speed Harris turned sharply further over to the left, and no motorist could have done more under the circumstances. Had the car not turned further to the left Bennett would probably have gone over the bank, because he had too much speed on to negotiate ' the corner. Had Harris stopped his car a head-on collision was inevitable. In the opinion of witness it was impossible to discover the tracks of Harris’ car owing to Mr Vowles’ car turning round at the scene of the accident, and a number of cars also passed apd some of them pulled up and threaded their way through the spectators. He had drawn attention to the mud that .had been shaken from Harris’ car/ ’None of the spectators disputed what &ad been done by Harris under the circumstances. The defendant had not at any time on the trip from Waihou driven the car furiously or in a dangerous manner.

George H. Vowles, farmer, Hikutaia, said that the road where the accident occurred had a good surface, and there was room for three cars to pass abreast. The road hgd a natural slope io the left, the proper side for Harris. He turned his car right at the point where the collision 'occurred and later drove back to his. home.

. Mate Rolich, an employee of the previous witness, who occupies a cottage opposite the scene of the collision stated that he saw the motorcyclist going past at What appeared to be a high speed. Later he heard a crash and realised that an accident had occurred.

Mr Bryan said that he desired to call the son of Mr Alley, who also rode in the car with Harris. However, it had not been possible for Alley, junr., to attend the court that dai v .

Tihe magistrate said that in view of the evidence of Bennett, which had been taken at the Thames Hospital, but had not been forwarded in time for that o’-uy, and also on account of Mr Bryan’s request, the case would be adjourned until February next.