JURY AGAIN DISAGREES

Manawatu Herald, Volume LI, Issue 4488, 7 August 1930, Page 2

JURY AGAIN DISAGREES

IN IIIKFRAXGI SMAKTI INQITRY. Auckland, August o. For the .second lime the jury tailed to agree in the Supreme Court on a charge mt negligent driving brought against the driver of ihe jlms that was concerned in the llikurangi crossing tragedy of. April 5 last. The ’bus was struck by a train, and of the ten passengers six were killed and four were severely injured. The driver of: the ’bus, Noel Herbert Wilkinson, aged 18 (Mr. Singer), was tried without result last- week, and the second trial began on Monday. Sir Alexander ITerdmaii heard the case and Mr. .Meredith conducted the prosecution,

Continuing his eross-examina-iion by Afr. Meredith to-day, accused said he did not sec the signpost warning of the crossing I cause it was on the- right side and he w*is looking on the left. He never got. a glimpse of the train at

any time and did not know it wa I here until it hit the ’lnis.

Mr. Singer submitted that the only possible explanation of the accident was that given by accused: final he was dazzled by the lights of a following car and lost his hearings. His Honour directed the jury to consider the ease apart from the tragic consequences of the accident. The question they .had to answer was: Did this young man keep a proper lookout? After an absence for the full period, the jury returned to report that there was no prospect of agreement.

Mr. Meredith's, application for a new trial at the next criminal sessions in three 1 months' time was granted, and accused was released on bis previous bail.