DID HE STEP ON IT?

Putaruru Press, Volume VII, Issue 280, 21 March 1929, Page 5

DID HE STEP ON IT?

A COLLISION CASE. Police Prosecution Faiis. Harold Norman Wiggins, the wellknown jockey, R. B. Lusk, the Auckland solicitor who appeared prominently in the Elsie Walker case, and several well-known residents of Putaruru,. were interested in a police prosecution in the Putaruru Court on Thursday, before Mr. S. L. Paterson, S.M. . The case was one in which Wiggins was charged on the two counts of driving at a speed dangerous to the public, and also with negligent driving, on January 28, when a collision occurred on the Hamilton-Rotorua main road near Okoroire. Mr. D. Seymour, Hamilton, appeared for Wiggins, and Constable Murphy presented the police case. James Henry Ranger, building contractor, Putaruru, stated that on the day in question he was driving a sick person to Rotorua hospital and going very quietly. Going up the hill he changed to second gear, and just as he rounded the comer they saw a motor 80ft in front going at , high speed. .This car immediately changed to its right side of the road and the force of the impact threw his car over to the middle of the road, a distance of about two or three feet.

To the police, witness stated his car was hard over on its right side. He could not have got any further to that side, being almost in the water-table.. Immediately the cars stopped the driver of the other car got out and .asked loudly why he did not sound his horn. Witness replied that he had sounded his horn, and he retaliated by asking why his questioner had driven so fast on the wrong side: of the road. To Mr. Seymour: What speed would your car go in second gear?

Witness: I: believe about, 25 miles per hour. At the time I might have been doing 15 miles. '’ Is not 15 miles per hour a dangerous speed for such a corner?—No, I could have pulled up in a few feet at any time. In that 30ft you did not have time to stop your car in two or three feet? —He came like ! a flash. Who caused the skid) hie or you ? The impact caused that. Cars ajre springy, then ?—Well, yes. My car was practically stopped. With your car stopped you pushed him out four feet?—Do'. you think that with a sick woman I would be travelling at a,high speed? Well, I think . you Would. You would be travelling about 15 miles per hour anyhow?—l .said I was travelling at 15 miles. —Certainly'nbt. I put it to .you you lostiypur head? How did you come to ‘ have your back wheel in the.*water table and vour front wheel three feet out?— Well, I was straightening up after rounding the comer. Then the position is that a heavy car travelling at a fast speed ran into yours yet managed to pull up by yours?—YesTo the police, witness stated when the cars were pulled Up after the impact they were about three feet apart.

George Albert Howland, joiner, Putaruru, stated he was in the car at the time. His wife was packed up on mattresses and he was sitting on top of them at the back of the car. The car was travelling slowly owing to his wife’s health. Had the ear kept on there would have been no collision. How do you say there would have been no accident?—Well, if we had kept on and the other ear had been on its right side there would have been no accident. He would certainly say Wiggins was on his wrong side as he approached. To Mr. Seymour: There was not plenty of room in his opinion to get oast. The car was about 2ft 6in to 3ft from the bank after the collision. There was a skid mark behind Ranger’s car caused by the front being dragged out and the back pushed towards the bank. Mrs. Ranger, wife of the first witness, stated that- at the time she was riding in the front seat. The impact pulled the front of the car out and pushed the back wheels towards the bank. The car was going very slowly. Mr. Seymour: The hill is not very steep?—Fairly steep, I think. You wouldn’t have to go into second gear in ordinary circumstances on the straight?—Oh, no. Continuing, witness stated the car was just coming round the corner when the crash occurred. You could not see more than 30ft? —We cannot see round comers. How far were the skid marks ? Oh, about that (holding her hands about four feet apart).

j About 2ft 6in ?—Witness (holding her hands about 4ft apart): Well, how much is that ? Mr. Seymour: Oh, roughly, about 2ft 6in. (Smiles). To the police, witness stated it was the impact which pushed the other car over and not the speed j they were travelling, j Albert James Neville, blacksmith, Tirau, stated he was out with his wife for a run and noticed a car ahead. He remarked to his wife there must he something wrong with I that car as it was going so slowly. When he got to the top of the hill j he saw there had been an accident. The other car was a heavy one, with four-wheel brakes. In his opinion. it‘ i had cut the corner.

| To Mr. Seymour, witness stated j Mb Ranger’s car wa3 pushed back, j He could not help what others had said, he was giving his own story, j Illustrating the accident with two rubber stamps witness showed the positions of both cars. In his opinion there was no doubt Wiggins was to blame. A Chevrolet would do 12 miles uphill in second gear and an Essex 20. Constable Murphy stated that he took immediate measurements. The width of road was 23ft and Ranger’s ( near front wheel was 4ft from the left hand bank, and the off-wheel 9ft. The other car was 6ft from its side with the near wheel, and 17ft from the same wheel to the other hank. The off-wheel was lift 6in from the near bank. The other car wis thrown over 4ft and therefore the impact would take place about 15ft from this car’s side of the road. This left Bft for Ranger’s car. Cross-examined. witness stated that Ranger's hack wheel skidded 3ft. It could not have been in the waßrrtable.

In an argument, counsel claimed witness was taking the skid of 4ft twice over in stating Ranger had only Bft of room. The S.M.: No, that’s right, Bft. Didn’t you say to Wiggins that he was solely to blame? —Yes; but I had good grounds. Later you said it was a pure accident?—So it was an accident. Did Ranger ask you to push it along?—No; he has never spoken to me about it. Albert Jones, butcher, Mt. Eden, stated that when he arrived on the scene Wiggins’ car was parallel to the road and Ranger’s at right angles. In his opinion Ranger “ done his head ” and stepped on the accelerator instead of the brakes. Judging by the skid marks which ran straight across the road Wiggins’ car must have been stationary. He stated that the constable was trying to nut the blame on to Wiggins. In his opinion Ranger had 12ft to pass in. Constable Murphy: You only surmise what happened?—Just the same as you. Witness thought a Chevrolet cai would push the other over at 12 or 15 miles an hour. He did not measure the skid mark.

R. B. Lusk, solicitor, Auckland,; who was a passenger in Wiggins’ car, stated that every precaution was taken. The horn was sounded and ‘he car slowed down. He first saw he car 12 to 15 yards away, coming up the road hugging the bank. It appeared to him the driver lost his head and turned outwards. At the time of the impact Wiggins’ car was practically stationary. He thought Ranger put his foot on the accelerator instead of on the brake. Wiggins pulled up his car in five yards. Witness then gave an account of Wiggins’ driving through a gale on a dark night to show he was a gooci driver. He was surprised by the constable coming to Wiggins and saying: “ I suppose you admit you are solely to blame.” Wiggins was too surprised to answer. At the conclusion the constable stated it appeared to be a case of accident and for settlement by insurance companies. He did not think Ranger’s evidence was consistent with the photo. Harold Norman Wiggins, defendant, stated he. had driven for five years and had driven his present car 14,000 miles.. He had never had an accident before. He travelled at 2° miles an hour to the top of the h ; " and then slowed down. He was on his correct side and saw the other car about 15 yards away. He stopped within about five yards and was practically stationary when hit. His car was a heavy one. To the police: He was not in a hurry. If travelling at 30 miles an hour and the brakes were put on suddenly the car would stop straight, in its tracks. It was a car with good brakes. No one would do 30 miles an hour at such a corner. This concluded the case, and the Magistrate then asked Mr. Ranker the position of the accelerator. On , being told it was between the foot brake and the neutral pedal, Mr.

Paterson, after a few seconds’ deliberation, dismissed the case. Mr. Seymour then asked for costs, but the Bench refused the application, stating it was not usual to *vjve costs against the police, as they had a duty to perform in such matters.