FATAL ACCIDENT

Taranaki Daily News, 12 September 1940, Page 11

FATAL ACCIDENT

DEATH OF JOHN CLARKE MOTORIST BEFORE COURT Pleading not guilty, Charles Gardiner Fitness, sharemilker, Omata, was yesterday committed to the Supreme Court for trial on a charge of negiigently driving a motor-car in St. Aubyn Street, New Plymouth, on July 12. thereby causing the death of John Clarke. Bail was allowed in one surety of £100. Clarke was taken to the New Plymouth hospital, where he*"died on July 18. The inquest was held in conjunction with the hearing of the indictable charge and the finding of the coroner, Mr. W. H. V/oodward, S.M., was that Clarke suffered severe injuries through being knocked down by Fitness's car about 6.15 p.m. on July 12. Clarke had just dismounted from a stationary tram at the tram stop at the corncr of St. Aubyn and Weymouth Streets. The cause of death was stated to be septic broncho-pneumonia consequent on a chest injury received in the accident. The shock of the multiple injuries was an additional factor, and the age of Clarke and pre-existing chronic bronchitis also contributed to his death. Mr. J. H. Sheat appeared on Dehalf of Fitness and Mr. L. E. Sowry watched the proceedings on behalf of the Watcrside Workers' Union, of which Clarke was a member. The proceedings for the police were conducted by Sergeant J. Scarry, Thomas G. Phillips, of the Lands and Survey Department, produced a scale plan of the intersection of St. Aubyn and Weymouth Streets.

Motorman's Account. Thomas G. Florence, driver of the tram which leff New Plymouth for the breakwater at 6.7 p.m on the day of the accident, said Clarke boarded the tram at the railway station. His condition was quite normal, though he might have had a drink or two. He got ofT the tram at Weymouth Street. A woraan followed him, but she stopped on the step of tlie tram and then a motor-car dashed past going in the direction of the breakwater. After the car passed witness saw Clarke lying on the road on the breakwater side of the intersection. There was a screech of brakes when the car came opposite the front of the tram. Visibility was falr at the time and the lights of the tram were all in good order. Witness did not notice the glare of the car headlights but he noticed the rear light of the car after it had passed. In answer to Mr. Sheat the witness said he could swear that the rear red light of the tram was showing at the time of the accident. He looked at it before leaving Egmont Street and it was still showing when he arrived at the breakwater. Dr. H. C. Barrett, surgeon at the New Plymouth public hospital, gave formal evidence. Harold E. Fieldes, New Plymouth, cabinetmalcer, who was a passenger on the tram, said Clarke was quite sober. As he was an old man, witness gave him help in getting ofl tht trar.i. When witness next saw him he was lying under the motor-car; he saw nothing of the car passing the tram or striking Clark. Dorothy J. Greiner, New Plymouth, who was also a passenger on the tram, said Clarke was carrying a large parcel. She followed him off the tram and as she got on to the step of the tram a motor-car flashed past and struck Clarke. She could not estimate its speed but it seemed fast. Its lights were burning. The driver of the car applied his brakes and pulled up, but she could not judge the distance he travelled before stopping. Witness did not notice the car make any swerve in an attempt to avoid Clarke.

Noticed Motor-Car. Charles O. Berg, New Plymouth, tobaceonist, who saw Clarke on the tram, said that he was sober at the time. He saw Clarke step off the tram, and then noticed a motor-car coming through fairly fast and heard a ccreeching of orakes.. The car would be doing from 25 to 30 miles per hour. Before it had passed the front of the tram witness sa\. the body of a man being rolled under the car. The car was pulled up in what witness described as a "reasonable distance"— about 20 feet over the intersection of Weymouth Street. When wit-. ness got to the car Clarke was lying on the roadway parallel with the tram lines. He could not say whether the car .was moved after it first stopped, but the body of Clarke was not moved till a doctor and the police arrived. The rigtithand headlight standard of the car was twisted. Visibility was not good. There had been intermittent rain during the afternoon and the weather was still murky at the time. > To Mr. Sheat he said that the street lighting at the corner was not good, and in his opinion as a motorist, other lights there might easily distract a driver not accustomed to town driving at night. Charles W. Maxwell, Okato, garage proprietor, said Fitness brought his car to his garage on July 15 for repairs. He wanted the brakes re-lined and repairs to the radiator and- windscreen. He tested the brakes and they were in fair order, and safe for normal running and passed the required test. Witness had issued a warrant of fitness for the car in May last. Pieces of the brake lining (produced) were taken and handed to Constable Antill. The tyres of the car were in good condition, but the damage to the car was only slight. In answer to Mr. Sheat the witness said the car was in reasonably good order and it passed all the tests required for the issue of a warrant of fitness. Fitness Interviewcd. Constable W. F. Antill. Rahotu, said he interviewed Fitness at his home on July 20. He made a written statement that the wet surface of the roadway reflected the lights. He though t the tram was coming towards town, and if there were any passengcrs getting on or off they would be on the other side of the road. When passing the car he saw a man with a parcel under his arm come across the road about 14 or 15 feet away. He swerved, and if the man had stopped he would have avoided striking him. He said there was a smell of liquor about and some broken beer bottles nea* the car. The car was not moved before the police arrived. Filness • said that if he had realiscd Ihe Iram was going Ihe same way as he waS he would have stopped. He had been driving for more than 20 years and had ncver had an accident before. Constable G. G. Cleverley said the car had stopped a little over 50 feet from the tram stopping place. It was not raining at the time, but the bitumen was wet. To Mr. Sheat the constable said Fitness was quite sober at the time and there was nothing to suggest he had recently had any liquor. In answer to Mr. Sowry the constable said he bent over Clarke but found no small of liquor upon him. Darcy C. Candish, New Plymouth, who vvas on the foot.path, saw the tram stop and passengers get off, one of whom was Clarke, The car was travelling at about 20 miles an hour and it did not slacken speed before • striking Clarke. He did not see it swerve to try to avoid a collision.