OLD MAN’S DEATH

Waikato Times, Volume 119, Issue 19884, 13 May 1936, Page 8

OLD MAN’S DEATH

ST BUCK BY MOTOR-TR L'CK.

NEGLIGENT DRIVING CHARGE. ILL-EQUIPPED VEHICLE ALLEGED. (Special Reporter.) TE AROHA, \Vednesday. Charged with negligently driving a motor—truck on the Te Aruba-Hamilton highway at .\lorrinsvilie on April 16. thereby causing the death or an old man, named Thomas Doyle, Robert Allan Pole. of .\lorrinsville. a plumber. appeared before Messrs U. Hedge and Jr A. Hepburn. J‘s. P.. at. the Te Aroha Court this morning. The coroner, .\lr .\l. J. Ray, heard the depositions for the inquest, which is being held in conjunction with the Lower Court hearing. The defendant is also charged with having headlights on his truck not complying with the regulations. A third charge of not having his motor vehicle fitted with two independent brakes was prefererd against defend—ant.

Mr A. H. Powell. of Hamilton, who appeared for defendant, requested that the information on the third charge be dismissed as no offence had been committed. The truck had two brakes‘

Constable A. E. Hinton, who conducted the case for the police. stated that the defendant was on his correct side when he struck the old man, who was carrying a flag. The police alleged that the lights were not in acicordance with the regulations and that ;cletendant had failed to take reason—‘ahle carer ‘ “Thought it Was a cow." ‘ Reginald Lawrence Johns, farm jhsnd, ot’ Waihou, stated that at about 17.30 on the night of the accident the ‘accused passed him in his lorry about ‘2OO yards from the scene of the acci—dent. The lorry was travelling about 2.3 miles an hour. The lights appeared to the dimmed. \Vitness then heard a noise. which sounded as though the lorry had run off the road or struck a bump. He did not see the accident as a hill obscured his vision. ‘He went over the hill, and saw Pole's truck with the lights shining on the old man, who was lying with his head on the bitumen and his feet on the grass. Pole said to witness that he thought it was a cow he had hit, and not; a human being. He said the old man ran in front of the lorry. and was struck by the right mudguard Witness noticed several biscuits strewn over the ‘ground. In his opinion the lights were not as strong as ordinary lights. David Fraser Borrie. a \Vaihou ‘farmer, who was early on the scene of the accident also stated that the lights were Very poor. Evidence of measurements taken at the scene was given by constable P. Watts, of Hamilton. Evidence of Plumber. John Herbert )lahbett, a plumber employed by Robert Pole, who accompanied Pole on the night of the accident, stated that just before the accident, the lorry was travelling at about 25 miles per hour. well on the left side of the road. \Vitness remembered passing Johns; after that he bent forward rolling a cigarette in the light under the dashboard and did not see anybody on the road. He felt a bump distinct enough to know it was the right side of the car which was struck. He heard Pole say something about a cow and felt the brakes applied. The truck proceeded until a suitable place to turn was found about 150 yards further on. \\'itness stated that it was .riecided to turn that way instead of backing so that they could see as quit-lily as possible what they had hit. lie remembered Constable Hinton re< marking to accused that the lights had no reflectors and no glasses. [ Admitted Lights Weak. l \\‘itness admitted that the lights were weak. In his statement to Constable llinton after the accident he said the lights would show a man 25 feet away, Witness stated in court, lioweVer, that 50 feet was a more correct calculation. Dr. 5. T. Martin, of Te Aroha, stated that Doyle was dead when he exam—ined him. He had lacerations on the forehead and the hack of the head and his nost- appeared to be broken. Death ‘was due to a fracture of the vault. oi the shrill. . it‘rocoeding.)