STRUCK BY CAR

Waikato Times, Volume 127, Issue 21246, 17 October 1940, Page 6

STRUCK BY CAR

DEATH OF FARMER ACCIDENT NEAR MORRINSVILLE VAN DRIVER ACQUITTED The sequel to an accident on the Morrinsville-Tahuna main highway on July 4 last, when a young farmer lost his life, took place before Mr Justice Blair in the Supreme Court, Hamilton, today when Edward Harold Alexander, aged 39, a van driver of Morrinsville, appeared on a I charge of negligent driving causing the death of Vernon Charles Young. Accused was represented by Mr E. McGregor (Morrinsville) and the prosecution was conducted by Mr J. R. Fitz-Gerald. Outlining the Crown case, Mr Fitz-Gerald said that at about 5.10 p.m. on July 4 Vernon Charles Young was walking along the main road between Tahuna and Morrinsville. Also, on the road was a lorry driven by a man named John Mathieson, going in the opposite direction. In the back of the lorry, and facing the rear, was another occupant. Both people on the lorry remember seeing Young on the road,' although they said the visibility was not good. Sound of Impact However, they could both see Young distinctly, as he was wearing light-coloured trousers and was in the beam of the lights from a following van. As far as the lorry occupants were concerned the next thing that happened was the sound of an impact. On going back they found that an accident had happened, accused’s van having struck and killed the pedestrian. Alexander was a man of good character in every way, and the question before the jury resolved itself into the degree of visibility he had as he approached the pedestrian. Accused made a statement to the police, saying that he had been employed as a driver for nine years, being six days a week on the road, and had not previously had an accident. He said he felt a bump as he was driving along, but that was the first that he knew of the pedestrian being on the road. Defence Not Heard Evidence for the Crown case was given by George Frederick HufnagelBetham, a surveyor, of Auckland, Dr. S. Morrow (Morrinsville), Horace Wilfred Young, the father of the victim of the accident, John Mathieson, foreman of the Piako County Council, Douglas Johnson, who was on the back of Mathieson’s lorry, and Constable J. McMullan (Morrinsville). Mathieson said the pedestrian was on the edge of the road and was walking towards Morrinsville. The accident occurred near the top of a rise, but witness could not see the pedestrian until he was about 10ft from him. Visibility was very poor, the light being bad for driving. “ I have very grave doubts as to whether there is sufficient evidence on which this man could be found guilty,” said His Honour, following a short adjournment. “ The jury has the right to bring in a verdict without retiring.” The foreman of the jury stated that, after discussing the matter during the adjournment, it was of a similar opinion. A verdict of not guilty was returned without the jury leaving the box and without the defence being called upon to present its case.