moved off bcfore the police ar rived Sims laid he could not re member but he did not think It was there when they reached the scene Driving Conditions Ported PC Lewin the next witness said that there was bridge known as Shannons Bridge about 1150 feet west of the accident October 31 was moonlight night the road was dry and conditions were perfect for driving Finds Man Guilty Dangerous Driving Continued from page one Crosslexamlned by Mr Stewart the witness agreed that there was substantial road shoulder where the accident Occurred and he could have moved his vehicle off On to this Mr Stewart asked then If it were not the case that the truck which we Came up on the bridge had been the dim had no noticed the Ilare the car and the truck he said The right side of the car was jammed under he left side of the Ilruck He noticed three lighs burning on the rear of the truck and another one located lower ldnwn over the license plate Questioned as to what he not iced when he went over to White In his car the Witness said there was smell of beer Thomas Bellamy 41 HR Stay her who was then called said he was driving his car out of ColE lngwood that evening Street and the flares were out on the roadway Another witness Donald Leon ard 18 Colllngwood said he was travelling west on Hume Street At that time Sims was just put out the flares placing the one in front of his transport first and then the one to the rear later In reply to question by Mr Stewart Leonard said that Walter Knuff garage man Collingwood We Recommend Early Purchase III ALFALFII SEED NOW IN STOCK No Grimm at $2400 bushel No French at $2100 bushel No Mixed at $1800 bushel Prices subject to change without notice He carried on and left the scene before Knqu did Osborne Keellg the driver of the Canada Bread truck said that Sims put out the Ilares after Mr Knuff had left Just Crash Describing the gqllislon he said All of sudden there was just crash It was the cor hitting the back end of the trailer Even after this he added the roar are was still ill position The next witness John Dinenn said that he just lived opposite the spot where the accident hap TIMOTIIY GRASSES other CLOVERS in STOCK Have you booked your order for TOP CROP 11y brid Corn BROWN ii 10 1111 SEEDSMEN SINCE 1811 IIIINS GWYIYmmgd850mmwithontW Incrme GllllYlImmmadcpmmpdyooymmdptu couvaaamrr Sciootyour on reply plum Up tomomlntorvpay mismmopeopbbormwfmmwm bananyothermponyinincldlhonoctnophtodayl IMMINCMMM lIolIsrlIoln rIIIIlIIcE 28 BMW St West seco floor phone 5520 on Hume was on the some when he arrived tlll scene of the accident parted east of Shannons Bridge He was working in his garage when he saw the lights of the transport HE went up to where had stopped and the lights uni it were on The flare at the rear of the truck was still out in posi tlon on the hlghway after the accident itth of Car CIll Callas BIVICE manager Collingwood told the Court that he had examined the White ca ahuut one week after the accident An attempt had been made to check the scerig but this wasi not possible uwmg to the damagel which had been caused He had3 been mainly concerned wrth tryltl ing to find out Ef anything had fallen off the vehicle So far as the brakes were concerned cvan after the accident they stall were in good condition locking the four wheels PC It Mcigan also of the Coilf llzgwuod Police force said he wan driving the cruiser which went to the scene if the accident His speed as he went to the call no about 60 mph but when he got on to Shannons Bridge he could quite clearly sce the Iiare at the rear Of the transport He also testied that there was smell of liquor On 1111 accuseds breath Mr Stewart As you came to the scene you Were expecting to nd an accident Wstncss Yes sir Defense Case Mr Stewart called as his first Witness Waiter Knuff who said he was one of the Iirst persons on He or2 rlved at the spot when the young5 aster had fallen out of the cash he stopped and got bound car out of his car the transport pullch up Moments before the other truck had swerved into the ditchf The witness said that he left just as the transport driver got unit of his cab He Knuffl drove onI to Coliingwood to inform the polI ice of what was thought at that time to have been hitandrunl accident When he returned about 15 minutes later with the wrecktr there were flares out on the road Accused Takes Stand The accused then entered thei wltness box and told the court in answer to Mr Stewarts questionsi that he had only met Mrs Stewl art that same day for the firstI time between four and five oclock Mr White said that he was thel father of two girls one 1ng 18 and the other 12 His wife leftl him in March 1952 and it was his intention with his daughters apI proval toa hire Mrs Stewart as their housekeeper He went down to Pctchs Beach and met her after which they drove to Mr Whites home where they had supper withI his daughters The accused then described howl they both left his house around 33 pm how he had crossed Shan nons Bridge and then of how he saw the transport in front of him Questioned by his counsel as to the transports position in relation to the travelled portion of the road White said it had the right srde of the road completely block ed He saw no ares White said that the next thing he remembered was policeman helping him out of his car He sustained broken shoulder cuts to the forehead and back of the head and ankle injuries The next thing he remembered was sitting in chair in hospital Crossexamined by Mr Thomp son the witness said he was about 50 yards from the transport when he noticed it He thought it was moving and eased off his speed It was when he was catching up to it that he noticed the lights or the other yehicle Mr Thompson interjected at this point to say that he could have seen them from the bridge if he had been keeping proper lookout White however did not agree and said that on that particular evening it had been murky and stuff was being blown through the air The accused added that he was not sure how close he was too corner which was on the roadway Salute Spring looking was me put out and that was play he had hesita1 cd from pulling out from behind the transport He did not remem ber seeing the truck the ditch and 532d he that not see any dares Consistent Gains Sovereign Life Whuc said he remembered din Accelefafed in mg down and seeing In truck but he Ltd not know what happen ed near 113 he could recall no tried to tdp and pull out just JIAC the crash Questioned by Ills Lordship White said few humlent later that he did not remember trying to stop him his Ciciili could not remember Bid Accident Wzliiam Gibson Cillilngwnod brotherIIIII of II he was driving Oil ago Beach 1111 ever1mg flagged down and he was He was while driving east told that there had been Lad thtiticill and that help Ilecdcd The police had just arrived ahead of him lie then went 11 In car In which Willie was Slztzng and he LIlllllltii at the scene of the acculen for about halfzlnImur Witne Salli Iit did not Illlsrrve any Ililzcs Ill IIIK highway John Kocglcr member of the teaching staff It Coliingwood oll egidte Ilistltute soul he was driv ing home from Parry Sound trav elhng was 111 said he named zlarc In from of the transport He drove past til CllIC of the accid ent and turned his car off the highway Into lane returning to render what assistance he could lie did not remember scelng any ILIIe at the rear of the truck Questioned by Mr Thompson he said he did not recall seeing the lights at the rear of the truck but he did see the green lights In front The final defense witness Roy Boynton millhand Coliingwood said he wzm working in garage just across from where the accid ent happened He heard about the accident and went down just after the police cruiser passed the gain age He said he did not Mike flare when he arrived bllt there few minutes after he arrived Summing Up Addressing the jury and com menting on his pleasure at serv ing on case where for the first time in the history of Simcoe County there was woman juror Mr Stewart reminded them that each of them was the judge of the facts of the case They would come to the conclusion which their conscience would dictate and they could not compromise with their own conscience Their function was to comply with the oath which they had taken In arriving at whatever conclu sion to which they ultimately came they had to consider the basic principles facing them They were not present to determine whether the accused was driving careless ly or negligently He was driving carelessly andvhe was negligent The question which they had to decide was whether the accused was criminal Before coming to verdict of guilty that the accused did kill and slay Mrs Stewart they had to come to the conclusion that he was criminal To do this they had to be satised beyond rea sonable doubt by the Crown that White was guilty of criminal negli gence Mr Stewart said that they had been very seriously hampered in this case due to the unfortunate death of the woman passenger in volved and the injuries sustained by the accused which generally resulted in absence of memory As result of this he as defense coun sel had been presented with many difficulties in preparing his case His client could not speak for him self as in somany of these cases he did not know what happened In addition they had not been able to have an examination of Whites car to determine if there were any structural defects due to the damage which it sustained in the collision After reviewing the testimony of number of witnessesMr Stew art concluded by stating sub mit to you that any carelessness your Eli TIC crugzl LIE 11m was all blank toga rinkIi gal made by late years have Mal It acceleram LI ilStd Said urngs amounted to $19604 W111 IQ W33 gmn over the lriziciiit II IQSI of mart than 52 Tu Insllrulztz Il force all If Ilttlldlc Amy It eipts of tile uzif llfltd In 11ml and lilttvtllttIlIS Total Icelpts from all sour 11L lire past Ir InIIllzlxtLIi 2133139 IIIav gh Il 11m IIlllll 1y IliSlOly IlII resulted In 11 comb exceeding dlsburwmwrzts Er 51111747 inyl It Iz Ili to guilty 11ml Of xviich he was garin 11gt in brand Ilizr wh Crown Addresses Jury 11 his opt11mg clxlulks Mr Thompson cferrwi III 211 jury system and 115 democratic tradi tIIIIl It had contIIlzled and was ill IIietl because gurus Iiuw tilrIugh the ages 31ml dunc lilLi duty Iccmwllng III IIlr b1111 much they took Referring to tie case which they had heard the Crown Attorney askczi If there could be any doubt in the nlllld If unyorw in the court room IS in tiltlIlLI the IlilllS had been put out by IIll transport dri ver suggest to you that we have proved beyond any shadow of doubt that there were two flares one behind the transport WIlItc ran Into If he added Mr Thompson referred to the testimony of IIc 11illult witcevl total Ilzlbllltlcs on this point According to the accuseds cvidl once he saw the transport when he was 50 yards away This would have placed him near where the flare had becn Could anyone be lleve that he could have passed that Ilarc if he had been paying the least attention to what was going on front of him Intelligent Verdict III his charge of the jury IIis Lordship dealt with the different aspects of law as they applied to case of this nzltuleeand gave the jury examples of Imaginary cases as means of showing how 111 different degrees of might be reasonably judged when negligenc 456 When the jury announced that White had been found dangerous driving His remarked hope you will not think it presumptuousof me when guilty Of Isay fully concur with your ver dlct think it is very intelIil gent onc SPECIAL DEM Lordship C102 Town and County my business 1L2 tillti our to czs for helr bu51 named them med support Ltlwlc St CU BREAKS WRIST ICE ill Moxie In gsion Icii home iii all Monday wrist 25 staff 21 ScionII Mrs Lar ilr Royal Vzci II 11 expected to return henchmarms amounted to hrzng 573796 greater izc pix130115 year of the company now llilutilll 1139937213 having isl crczued during tile past year by Li The summary of III Elli Ilzow that all but IxtlLtIlllttlt of total ledger lgttl IILII as cash balances are Investud III sound diversified 1351 of approved sccurities care Ulll Mittttd group of mortgages and accused policy loans The average of czlrnnIi on amount it 438 an increase over the year previous and the highest rate earned Sincc 1946 Death claims incurred by the company in 1952 were greater than 11 rate interest actual to expected claims being in creased from 3760 in 1951 to ill 1952 Invcsted assets nuw New CABBAGE 1951 resultlng in the ratio of This experience is still very favorable and below thc average of the company over the last 10 years to $20737815 and comprise ap proximately 86 of the companys IIIIIISEIIY STIICII SPRING PLANTING ORDER NOW Fruit trees and Fruit bushes Ornamental trees Evergrccns Flowering Shrubs Roses Per enniabl Stone Ii Wellington IIIE FONTIIILL NURSERIES Herbert Johnston Local 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