“LOST HIS HEAD”

Sun (Auckland), Volume IV, Issue 1039, 1 August 1930, Page 1

“LOST HIS HEAD”

JURY DISAGREES AT TRIAL OF MOTORIST NEW HEARING ORDERED The plea that the car-driver had not seen the pedestrian until it was too late to avoid him, and then having knocked the man down, the motorist "lost his head,” was advanced by Mr. Allan Moody, in the Supreme Court yesterday afternoon, in defending Andrew Smith, on a charge of negligent driving, causing death. The jury disagreed, and a new trial was ordered for Monday. The trial arose out of the death of an elderly man, William John Humby, aged 67, who was knocked down by a motor-car in Ponsonby Road on the evening of May 17. The driver of the car did not stop after the accident.

Counsel for the defence said that this was the first accident that Smith had had in his 17 or 18 years’ experience in driving cars. He reminded the jury that there was no evidence of excessive speed, and said he would call ample evidence to prove that accused was quite sober at the time. In the witness-box. Smith said that he had had three “half-handles” before leaving town for his home. He saw the tram stop at Hepburn Street about 150 yards ahead of him, but he did not see anyone alight. The tram had moved on when he reached the corner, and suddenly an old man stepped out a few feet ahead of him. He attempted to swerve, but it was too late, and the right band part of the bumper caught the pedestrian and threw him off. Witness received such a shock that he “lost his head,” and drove on instead of stopping as ho now realised he should have done. Four witnesses gave evidence that Smith was quite sober when he left the hotel and reached home. In his summing-up his Honour said that the jury had to decide whether accused had been keeping a proper look out. It he had been doing so, would he not have seen the man alighting from the tram in front of him. The jury might infer from the circumstances that the driver himself felt that he had not been exercising proper care. The jury deliberated over four hours before returning to report a disagreement. Accused was released on bail, a new trial being fixed for Monday.