The case against Mr. E. F. Thorp, who was charged with failing to stop after an accident in Avenue Foch on December 5, was dismissed by "Mr. C. H. Haines, Registrar, in H.M. Police Court yesterday. Mr. Haines, giving his decision, said that there was one point about the case which particularly stood out, and that was that no one seemed to have seen the accused's car strike the complainant. After the accident, a Chinese witness saw the complainant lying on the ground, saw the accused's car drive on, stop and then drive on again.
Mr. Haines said that he did not doubt the evidence of the Chinese witness, who was able to identify the accused's car afterwards. The evidence, however, did not show that the accused's car hit the complainant, and complainant himself could not identify the car which was involved in the accident. It was quite within the bounds of possibility that another car might have struck the complainant. He did not think that complainant had attempted to describe the car in his evidence, "In view of the doubt as to the identity of the car which struck the complainant", concluded Mr. Haines, "I am inclined to think that the case should be dismissed. I am not sati fled that Thorp's car struck the complainant. The case is dismissed."
"Lighting Not Too Good"
The evidence of the accused, who was placed in the witness box yesterday, was that he went to the Country Hospital to see a patient on the evening in question. He left the hospital at about 6.30, and drove down Avenue Foch in the direction of The Bund. The traffic was more or less normal at the time, and there were not many cars on the road. Between Yates Road and Chengtu Road, the lighting was not too good.
Accused said that he did not see amy injured person on the road, and did not hear the car strike anybody. His side lights were switched on at at the time, and these did not throw much illumination on the road. His maximum speed during the journey from the Country Hospital down to the Bodega Bar, his destination, was 20 miles per hour. He stopped once on Avenue Edward VII in between some traffic islands in order to light his pipe, but otherwise there was no break in the journey, He did not notice anything wrong with his car afterwards, but later Sub-Inspector H. A. Moffalt pointed out to him that his right head-light was cracked, and his right wing dented. He stated that he was not aware that his car was damaged in this way. "I have been involved in two accidents", accused stated, "and I reported both of them to the police."
Cross-examined by Inspector J.
10 alleged that he went mp to the never the Chinese witness for the S.M.P., accused said that
car after the accident. He was sure he only stopped his car once between the Country Hospital and the Bodega.
Inspector Leslie—Did you not go home after leaving the Country Bos. pital?—No, I went straight down town.
Did you not tell Inspector Moffalt that you had gone home?—No, that was a misunderstanding, Then you told him a lie when you said you went home?—No, not intentionally.
"Slightly Deas Questioned by the Registrar, accused said that he was slightly deaf, and did not remember hearing any crash. Mr. Haines observed that the Chinese witness gave a description of the car, and identified it. "If I am to believe the evidence of the Chinese witness, I cannot believe yours" declared Mr, Haines. The case was dismissed.
Mr. H. D. Rodger held a watching brief on behalf of the complainant, Mr. Paul Nielsen, and Mr. C, E. Lowe appeared on behalf of the accused.
Text read from the printed page and cleaned; old type leaves the occasional error.