Jury Finds Motorist Guilty of Negligence

Sun (Auckland), Volume III, Issue 657, 8 May 1929, Page 7

Jury Finds Motorist Guilty of Negligence

YOUNG GIRL’S DEATH TRAGIC SEQUEL TO PARTY (Special to THE SUE) CHRISTCHURCH, Tuesday. I Found guilty of negligent driv- | ing, thereby causing the death of Maureen Doris Mitchell. John Boyd Clark was remanded by Mr. Justice Adams until Friday for sentence. The jury entered a recommendation of leniency, PLARK has been released on tile undertaking of his counsel, Mr. C. S. Thomas, that he would appeal’. The story of the tragic accident which ended a party at Dixieland was told by Mr. A. T. Donnelly in outlining the case for the Crown. A party of four had been to Dixieland Cabaret on March 30, and were driving down High Street, when, in attempting to turn into Manchester Street at the Clock Tower, the car struck a post. Miss Mitchell was killed and another passenger injured. It was alleged that accused drove negligently and at a reckless speed. There was no >,uggestion of drink in the case of Clark and any of his passengers. Cecil Spence Penllngton, the injured passenger, said he remembered nothing from a few minutes past midnight until 10 o’clock next morning, when he partially regained consciousness in hospital. CAR SPUN ROUND Norah Rich, the fourth passenger, said Miss Mitchell was sitting on Penlington’s knee with her back to the left-hand door of the car. which, after hitting the post, spun completely round. It was a very wet night and the speed of the car did not appear to her to be a high one. Eye-witnesses of the accident stated that the speed of the car was excessive and the driver had no chance of making the turn. One witness stated that the brakes were apparently jammed on, while another thought the back wheels appeared to skid on the tramlines. Another witness said the car spun round four or five times like a top after hitting the post. Herbert Roland Isaacs, shop manager, of Dunedin, who was driving a similar car down I-ligli Street and arrived on the scene immediately after the accident, said he examined the damaged car and found it in top gear. The hand brake was full on and the foot brake stuck. SPEED AND SKID Witness explained his qualifications as a racing driver and his experience w ith his own car at high speeds and in skidding. Clark’s car, he said, had started on a two-wheel skid and had developed into a four-wheel skid. The witness estimated the speed from the marks on the road and the damage to the car at more than 40 miles an hour. He would not consider it safe to travel at more than 20 miles an hour that night. Mr. Thomas did not call evidence and Mr. Donnelly intimated that he had nothing further to add. Addressing the jury, Mr. Thomas said the whole of the Crown’s case rested upon “speed.” There was no question whatever of drink. The Crown witnesses merely said the accused was going too fast. There had been no speed stated. It would be entirely unsafe to convict. The jury retired a 4.30 p.m. and returned at 5.52 p.m. with the verdict of guilty.