JURY DISAGREES

Sun (Auckland), Volume III, Issue 810, 2 November 1929, Page 18

JURY DISAGREES

MOTORIST CHARGED WITH NEGLIGENCE NEW TRIAL ORDERED A disagreement was the result of the trial in the Supreme Court yesterday, of William David Weller, charged with negligent driving, causing death. A new trial was ordered by Mr. Justice Herdman. Weller was the driver of a motorvan, which crashed into the rear of a tramcar at Salisbury Road corner on New North Road on the evening of July 24, when Samuel Leathern, a passenger alighting from the tram, was knocked down and killed. Mr. Meredith prosecuted and Mr. Northcroft appeared for accused. The defence to the charge was presented during the afternoon. In the witness box, Weller said that the only liquor he consumed was two glasses of beer. Driving along New North Road he said he saw the red “stop” sign at the rear of the tram switch on, and slackened the pace of his vehicle. Only one man walked from the tram to the footpath, and when the tram light went out, he believed that it was starting and speeded up again. At that moment Mr. Leathern suddenly stepped out from the tram and witness could not avoid hitting him. When the van struck the man, ft swung toward the tram, scraped along the side and came to a standstill at the front step. When the motorman asked witness where he was going, witness replied that he was trying to pass the tram as the “stop” light was out. Under cross-examination witness said that the broken liquor bottle at the scene of the accident was not his property. He asserted that, although excited over the accident, he was perfectly sober.

Dr. C. H. Tewsley, police surgeon, said that accused was not under the influence of drink when examined. Donald Henderson, a passenger on the tram, said that the tram had moved Its own length before it pulled up. He considered that accused was quite sober.

Evidence that Mr. Leathern had purchased a bottle of whisky at the Edinburgh Hotel was given by Albert R. Larney, the barman.