NORTH ROAD FATALITY

Timaru Herald, Volume CXXIII, 14 April 1926, Page 7

NORTH ROAD FATALITY

MOTORIST CHARGED WITH NEGLIGENT DRIVING. COMMITTED FOR TRIAL. Arising from the fatal motor accident which occurred on the Main North Road, William Reilly appeared before Mr E. D. Mosley, S.M., yesterday, at the Temuka Po'iee Court, charged with ; having on Ist March negligently driven ‘ a motor-car, and thereby caused tho death of Malcolm Bill. . j Sergeant Dwan prosecuted, and Mr :G. J. Walker (Messrs Joynt and Walker) appeared for accused. ! John Walter Bill, father of deceased, ’ state’d about a fortnight prior to his death, deceased bought a motor-cycle. He had had previous experience with motor-cycles and could' handle one. ; J. K. Young, fannerj stated that ho resided c ose to the scene of the accident. Between 10 and 10.15 p.in. on March Ist he was just going into his bedroom when lie heard a motor-car coming up the Mnin North Road, and a moment later he heard a crash and soveral screams from a lady. He rushed to tho scene of the accident, which was two chains north of his place. When lie got out of the gato he saw a motor-bicycle and motor-car on the road, and also noticed several people there. Both vehicles were facing north and on the proper side of the road. Witness saw deceased on the side of the road, a few feet ahead of tho motor-bike, lying with his head on the grass. Deceased did not speak. Witness saw defendant Reilly, who was standing beside deceased, and witness asked what had happened. 'Reilly said that they bad had an accident, or words to that effect. On seeing the condition of deceased, witness advised getting a doctor, and accordingly went home and phoned for Doctor Scanne'l. AVitness was present when the doctor arrived. The accused was very excited at the time, and seemed disturbed over the accident. Witness did not hear the motor-bicycle passing the bouse before the car. If the car was travelling behind the bicycle it would prevent him hearing the bicycle. AA'ltness could not say from sound what pace the car was travelling at. Tho following morning witness went to the 'me of the accident, with Constable Soutbworth, and saw him take measurements. AVitness could not say whether the car had lights or not, but later on be saw that the car had a light burning. To Mr Walker: AVitness stated that lie had just looked at the clock before proceeding to his bedroom; it was 10.15, but the clock' was 7 or 8 minutes fast. '../•.

To the Magistrate: It was a clear moonlight night, and witness could plainly see the, car,- which was about two chains away’from bis gate. I Dr. F. A. Scanned stated that bo received a call about 10.15 on the night of March Ist. AA r itncss proceeded to the sceno of the accident, which happened about two chains' north of Mr Young’s gate.. AA r itness found deceased lying on the left-hand side of the load, with his head slightly raised on -tlie-bank. 'Deceased was bleeding freely from both ears, nose, and mouth, and was obviously in a very serious condition. AAMtness removed him to To Rata private hospital in order to give him attention, but his condition gradually became Avoyse, and he died about 3.45 a.m. next morning. The/ cause of death was a fracture of the base of the skull. To Sergeant Dwan : The deceased was unconscious when witness saw him, and remained so until he died. AAritness did not take much, iriotice where the bicycle was lying, .but , took a quick glance at the ear.. ' ohe'headlight was burning, but, this was not very bright. The injuries might have been caused by the head forcibly striking the road, or a blow from amotor-car. To Mr AA’a’kcr : The night was quite clear, so far as witness could remember. Monica Morris stqtpd that she knew the deceased, ' who ...was a friend of hers. On the . night of March Ist sho saw deceased and went to Mill Farm with him. They left on the return journey at 9 o’clock that night; and before leaving the deceased put water and carbide in the bicycle lamp and lit it. AA 7 itness sat on the back of the motor-bicycle, and rode to the corner of River and Main Roads. The lamp was burning at the time. The deceased left witness at 10 o’clock, and went south,' but con’d not have gone far, because when witness got to the front' gate of her house she heard the motor-bicycle going past the corner in a northerly direction. AVitness knew 1 tho sound of the motor-bike, and deceased blew the horn twice, when passing the corner. AA T itness could not see the bicycle, but she saw the light, and sho did not hear any car following the bicycle. AA'itncss thought that the distance from the corner of River Road to the scene of the accident would be about half a mile. Tho deceased could handle a motor-bicyc’e, i’.nd witness had previously rode on the back, of it.

The deceased was in exceptionally good spirits that evening, and Usually enjoyed good health. 'To Mr Walker: AVitness would bo about four or five chains away when she heard the motor-bicycle re-passing the corner. ~,,,, Constable J. Soutbworth stated that at 10.40 p.m. on March Ist he accompanied Sergeant Dwan to the sceno of the accident on AVinehester Road. He saw a motor-cycle lying on the west side of the road facing north. There was no rear light on the bicycle, and the back wheel was stove in as if by a sharp instrument. Tho foot rest was bent,, and the handles were twisted. The deceased had been removed when witness got, to the scene, hut seven feet from the head of the bicycle were two large pools of blood, as if tho body had been lying there. The accnsod’s ear* was also on tliO' loft side of the road, facing north. Both tyres on the rear wheels of the car were practically new. The near front tyre was down and the near side mudguard bent, and there wore also marks on the frame near, the spring. r J he noeused was present, and made a statement (produced). AVitness took measurements that night and verified them tlic next morning. Tlie accused pointed out tho place where he first applied the brakes, and at that point the off side of the car was ten feet to the left of the crown of the road. The righthand wheel marks wore heavier than tho left. Twenty-four vords from where the brakes were first applied, witness found tlie first blood stains. A yard further on there was some broken glass from the headlight and electric bulbs. There was a distance of five yards from the blood stains to tlie rear of tlie bievele, which was seven feet from the big pool of blood. From where tire brakes were first applied to the front of the car was 47 yards. After the collision the car bad slightly swerved to the right, and when stopped it was facing the centre of the road. The right-band lamn was burning, and the accused admitted that the left-hand light was not burning at the time of the accident. Tho visibility was good, and there was almost a full moon, although there were light clouds about at the time witness was on the scene. AA r itness returned to Teniuka in a Ford ear and the lights were extinguished for some distance, and there' was no difficulty in seeing objects one and a half a chain awnv. The accused seemed to be in a worried state of mind, and although showing signs of having bad liquor, lie was quite sober when seen bv witness. To Sergeant Dwan : Witness was present when aroused pointed out where the <car was braked. AVitness was not in a position to sav that the brakes were put, on further back, but from the marks on tlie road lm thought tliev were. AAritness saw tlie container of the bievele lamp being examined, and it contained carbide, some in powder form and some in block. It was damp. The bicycle was in high gear at present, and although be had never ridden a motor-bicycle, lie understood the gear should he put at neutral when stonping. To the Magistrate : Tlie road on the right-band side was good, and there was ample room, as- the motor-cycle was travelling four feet, from the grass on the left-band side. The macadamise:! portion of the road wou'd be at least three-quarters of a el’ain wide. The distance from Miss 'Morris’s gate to the motor-track was a distance of 141 yards, and Gie distance from the corner of River Read to the scene of tho rcoldeof 63 chains.

To Mr AAmlker: The light on tlie motor-ear was a reasonably good one. Tim point, where witness tested the visibility from the Ford car was near road. This concluded the evidence for tlie police, and the accused, who reserved bis defence, was committed to appear at the next sitting of the Supreme Court, to be he'd at Timarn on May 4til. Bail was fixed at self £IOO, and one surety of a similar amount.