DRAGGED OFF HORSE

Rotorua Morning Post, Volume 1, Issue 210, 29 April 1932, Page 6

DRAGGED OFF HORSE

UNUSUAL ACCIDENT RIBER'S STIRRUP IRON STRUCK CAR DOOR HANDLE DRIVER CONVICTED An unusual accident was the subject of a police prosecution in the Rotorua Magistrate's Court yesterday when William Stenlake a road grader driver, of Matamata, was convicted and fined on a charge of failing to keep to the left of the centre line of the road, and so precipitating an accident which involved a farm hand named Thomas Holland. Holland was riding a horse on the Ngongotaha road and alleged that as he was. passing Stenlake's car, the defendant swerved to the wrong side of the road catching his stirrup iron with the handle of one door of the car, and dragging him from the saddle. Stenlake denied the charge, and claimed that the accident was due to the fast pace at which Holland was riding and the fact that his horse suddenly swerved toward the car. The Magistrate, however, accepted evidence which showed that the hoof marks of the horse were on the correct side of the road, and inflicted a fine of £1. Senior Sergeant Carroll conducted the prosecution and Mr. E. Roe appeared for defendant. Thomas Holland, a farm hand, stated that on the evening of January 30, he had been riding a horse on the Ngongotaha Road when he had been struck by a car which swung round suddenly cutting a corner, and dragging witness off his horse. Witness was riding at an easy canter and on his correct side of the road. He saw the car when it was about two chains away but kept on his course as he considered he was quite safe. The accident was caused by the car cutting the corner and giving witness insufficient room. The horse was a quiet animal and had given no trouble. Always In A Hurry "I am always in a hurry as far as that goes — I have got to be," said the witness to Mr. Roe, who asked him whether it was not true that he was galloping his horse at the time. Mr. Roe: Are you sure you did not kick your foot out in your hurry? — You "don't kick your foot out in a hurry, you kick it in (Laughter). Continuing, witness said that there was no occasion for defendant to swing across th'e road. He had been on his correct side until he was about six yards distant. Witness pointed out to Stenlake that he had been on his wrong side of the road. He did not suggest that Stenlake was travelling any faster than 20 m.p.h. Sudden Swerve Constable Roberts produced a statement given by the defendant after the accident. In this statement, Stenlake said that he had been driving at about 15 m.p.h. when the collision occurred. The horse was being galloped down hill at a fast pace and when opposite the car, suddenly swerved. The rider's foot or the stirrup iron struck the car. The rider of th'e horse had been on his correct side but had been galloping too fast. Walter Bra:k, farmer, of Ngongotaha, said that he had examined the scene of the accident. He had seen horse's tracks on the left hand side of the road, and some broken glass which appeared to indicate the point of impact. He knew the shoe marks of the horse. In reply to Mr. Roe, the witness admitted that he did not know that the glass came from Stenlake's car. Defendant's Story This closed the police case and Mr. Roe called the defendant, William Stenlake, who said that he had been driving toward Mamaku at the time o. the accident. Witness was driving at a slow speed on his correct side. He saw Holland approaching, riding his horse fast down the hill and urging it on. He denied that he had suddenly swerved but said that Holland's horse appeared to have stumbled or suddenly veered over as it passed the car. Witness heard a crash and immediately stopped. Holland was just pulling himself to his feet and started to rave, accusing witness of breaking his leg. It was qu'te u'ntrue that witness had been on his wrong side. He had left his passengers on the side of the road. and taken Holland to hospital. He had also made a voluntary statement to the police. The stirrup iron wrsnched off the handle of the door of the car and one of the side shields was broken. Corroborative evidence was given by passengers in the car, Mrs Ellen Barker, and Mrs Vera Stenlake. Tjhe Magistrate sa;d that on the circumstantial facts, the horse tracks showed that Holland was on his correct side of the road. That being so defendant must have swerved from his correct side in order to cause the accident. He would be convicted and fined £1.