CRASH INTO BRIDGE

Sun (Auckland), Volume IV, Issue 1060, 26 August 1930, Page 10

CRASH INTO BRIDGE

SEQUEL TO FATALITY ! EVIDENCE AT INQUEST “That Charles Berry Simons died on August 2 from shock due to injuries received through a telegraph pole being hit by a motor-car driven by Robert John Burling.” jvas the verdict returned by Mr. F. H. Levien, S.M., at the Otahuhu Magistrate’s Court this morning. Burling (Mr. Allan Moody), a farmer, of Piriaka, Taumarunui, was charged with driving a car in a negligent manner, thereby causing the death of Charles Berry Simons, and the magistrate reserved his decision. Dr. Campbell .Tonkin, of Manurewa, said that about ten o’clock on the night of August 2, he was called to the scene of an accident at Mahia Bridge. Ho sa\y Simons, who was dead. He had a scalp wound on the forehead. Death was instantaneous and was caused by a fractured skull and laceration of the brain. He also had a fractured left thigh and fractured left arm. His right wrist was dislocated. Witness saw Burling, the driver of the car. who had a few scratches, and a cut on the left eyelid. He had been indulging in alcoholic liquor and although fairly sober, was unfit to drive a highpowered car. Tie did not know until witness told him that his associate was dead. He then broke down. Statements made by accused were fairly good and clear until he was told of che death of his friend. Norman John Till, a surveyor, said he took measurements at the scene of the accident. He submitted a plan. BROTHER’S EVIDENCE Walter Hugh Simons, a chemist, of Hamilton, and a brother of deceased, said he last saw his brother alive on the aftetnoon of the fatality. In company with Burling lie visited his place of business and later met. by appointment. in the lounge of the Hamilton Hotel, where they had a few drinks. They later went back to witness’s ! shop. His brother then suggested going to the Commercial Hotel to ! have another drink. i Lawrence Rose, a motor-bus driver, j employed by Wheeler and Sons, said i that on the night of the fatalitv he was driving a bus toward Papakiua. When nearing the Mahia Bridge he noticed the lights of a motor-car approaching from Papakura. The car passed his bus on the bridge, at an estimated speed of 45 to 50 miles an hour. Pie looked in his rear vision mirror and saw that, instead of taking the bend, the car driver had gone straight on and crashed into the telegraph pole. He immediately afterward saw the driver standing by the wrecked car. Witness immediately went back to the scene of the ac6ident. Witness could not express an opinion as to the sobriety of accused ' on account of the effects of the crash, but accused smelled of alcohol. Witness picked up a broken bottle of ale almost in the centre of the roadway. There was no other traffic on the road at the time of the accident. Thomas Davis Bratty, a resident of Papakura, said he was coming out of a shop in Papakura when he heard a motor-car come round the triangle bv the taxi-stand. The driver stopped the car almost opposite witness. The passenger" appeared to be under the influence of liquor. The driver seemed to be quite capable of driving a motorcar. ARREST OF DRIVER Constable G. J. Malones', of Papatoetoe, outlined the damage to the car and the skid marks on the road. In company with Dr. Je-nkin. he exami ined accused, who was -very unsteady on his feet, and was anxious to move about. He had a cut about one inch long, but not deep, over the left eyebrow, and small cuts on his forehead. His breath smelled strongly of liquor and he was obviously intoxicated and not in a fit state to drive a car. On account of bis condition, accused was arrested and charged with being intoxicated while in charge of a motor--car. Accused denied being intoxicated but said he had had a spot or two. He said he did not know how the accident happened, but said he must have “popped off to sleep.”

Sergeant A. E. Rowell said that accused was brought to the Otahuhu station at 12.15 on the morning of August ,3. His condition was hard to define, as he was very nervous and suffering from shock. Witness was unable to detect any definite indications of liquor, although there was a slight smell of alcohol in his breath. He appeared to have been drinking heavily many hours previously, and was suffering from the effects of it. Ho was charged with being in charge

of a motor-car while in a state of intoxication, and was locked up. Witness next saw him at 11 a.m., when he was in a nervous and shaky condition. He was unable to eat or rest quietly.