TRIAL OF CAR-DRIVER

Sun (Auckland), Volume I, Issue 293, 2 March 1928, Page 13

TRIAL OF CAR-DRIVER

MOTOR-CYCLIST KILLED COURT VISITS CROSS-ROADS (From Our Oxen Correspondent) HAMILTON, Thursday. In the Hamilton Magistrate’s Court, jesterday, the trial was begun of Arthur Raymond Gifford, a young salesman, of Hamilton, who was charged with negligent driving and causing death. On December 19, the accused’s car ran into a motor-cycle, ridden by Leslie Spencer, at the five cross-roads it Claudelands, injuring Spencer so badly that he died. Accused was represented by Mr. E. H. Nortb«roft and Mr. L. Tomkins, while Mr. H. T. Gillies conducted the case for the Crown. In the case for the prosecution, witnesses' evidence went to show that accused was on the wrong side of the road after the accident. One witness said that she saw the car coming, but did not hear a horn, then she saw the motor-cycle dash into it, broadside on. A man who saw the car rust before the accident estimated its jpeec at 35 or 40 miles an hour, and le said that it did not slow for the cross-roads. Ho further told the court that the wheel tracks were on the vrong side at the scene of the acciient, and they showed that the brakes had been applied just before the impact

In outlining the defence, Mr. Northcroft said he would show that accused had been driving with proper care. When he came to the corner he iwtrved to allow the motor-cycle to miss behind, but it had kept on and had charged broadside at a terrific pace into the car. From tests taken t had been shown that from a car proceeding along Peach Grove Road, Fifth Avenue seemed to be absolutely clear, and a motor-cycle would not be observed. However, the converse was not the case and a cyclist was ible to see the top of a car. This obstruction in the view was caused by a hedge. The court then adjourned to the scene ®f the accident, where various tests ■were carried out, accused driving the car to demonstrate the wheel marks made in speeding and swerving. The court then adjourned until to'norrow morning.