CAR DRIVER ON TRIAL

Sun (Auckland), Volume II, Issue 604, 5 March 1929, Page 15

CAR DRIVER ON TRIAL

SEQUEL TO LEVELCROSSING FATALITY EVIDENCE OF INTOXICATION (From Our Own Correspondent) HAMILTON, Monday. Following the collision at the Forest Lake Road crossing on December 1 between a goods train and a motor-car driven by Patrick Deegan, aged 46, and which resulted in the death of Alexander John Hamilton, Deegan appeared in the Supreme Court, before Mr. Justice Blair, to-day. He was charged with being intoxicated j while in charge of a car, and by an act of omission causing the death of Hamilton, and also with negligently driving the car so as to cause the death of Hamilton. Mr. H. T. Gillies appeared for the Crown and Mr. J. F. Strang for accused, who pleaded not guilty. Dr. A. G. Waddell, police surgeon, said he was at the crossing very soon after the accident, lie found Deegan unhurt. He was very talkative and under the influence of liquor. Deegan admitted several times that he had had beer. Evidence that Hamilton died in the Waikato Hospital as the result of injuries received in the accident was given by Dr. M. M. I-lockin, superintendent of the hospital. HOTELS VISITED Charles Francis Scown, labourer, Frankton, said he and Deegan visited the Frankton and Royal Hotels on the day of the accident. Witness had four glasses of beer and Deegan had three glasses of beer. Witness was perfectly sober. Later in the afternoon Deegan left witness’s house in liis car for the purpose of going to Ngaruawahia for a drive. They took a jar with them to buy some beer. Mrs. Eileen Mary Scown, wife of tlio last witness, said that Deegan took witness and her husband and family for a drive to Ngaruawahia. They saw Hamilton and invited him to accompany them. Witness considered Deegan was perfectly sober. Arthur John Denz, driver of the train, said the train gave a long whistle when 400 yards from the crossing. The speed was 20 miles an hour. He saw the car approach. The driver did nothing to avoid the accident. Witness noticed that Deegan appeared to be under the influence of liquor. SMELL OF ALCOHOL Frank Tregovveth, guard of the train, said the smell of alcohol and accused’s general appearance indicated that he was under the influence of liquor. Constable Brown said that after the accident Deegan had the appearance of having had liquor. He was unsteady and witness considered he was under the influence of liquor. A clerk of Court, Leo Robert Higi Sins, read the depositions given by Deegan at the inquest. Deegan had given evidence that on the afternoon of the accident he had had four glasses of beer. Other evidence was given as to . Deegan drinking in hotels, and the Court adjourned till to-morrow.