NEWMARKET FATALITY

Sun (Auckland), Volume IV, Issue 1033, 25 July 1930, Page 9

NEWMARKET FATALITY

MOTORIST COMMITTED FOR TRIAL CHARGE OF NEGLIGENCE On a charge ot’ negligently driving a motor-car in Broadway, Newmarket, on the afternoon of July 7, so as to cause the death of 'William John Bobert Garrard, who died the same evening in the Auckland Hospital, a salesman, Arthur Stanley Neale, of Mount Kden, was committed to the Supreme Court for trial yesterday by Mr. F. 3v. Hunt, S.M., in the Police Court. Garrard, who was 57 years old, resided at G 7 Mount St. John Avenue, and was crossing Broadway, near the junction ot the Great South Road, when he was struck by a motor-car. An inquest, was conducted simultaneously by the magistrate. Mr. Mackay and Mr. Sellar conducted the case for accused. Chief-Detective Hammond prosecuted, and Mr. Butler watched proceedings on behalf of Garrard’s widow. Constable Olver produced a statement made by accused at the Newmarket police station on the evening of the accident. Neale stated that just after he had driven past the intersection of Fairfax Road, toward Newmarket, at from 20 to 25 miles an hour, he saw a man on the road about 15 feet ahead of him, crossing toward the footpath. Garrard was about four or five feet from the in-ward set of tramrails when accused first saw him. Accused sounded his horn, and swerved to the right, applying his brakes. The man made a leap, and accused was unable to swerve to his left because of other traffic. Garrard was struck by the left headlight, and accused’s car stopped almost immediately. To Sergeant Finch, accused had stated that ho thought Garrard would step back instead of running forward. “My client wished to give evidence and to call evidence, but the police have made that practically impossible,” said Mr. Mackay, who asked if it was held, that a prima facie case had been made out. Stating that he would reserve his coronial finding, the magistrate said ho would commit Neale to the Supreme Court. Accused then pleaded not guilty, and was committed for trial, hail being allow ed in the sum of £IOO.