DEATH OF PEDESTRIAN

Dominion, Volume 31, Issue 72, 18 December 1937, Page 13

DEATH OF PEDESTRIAN

Counsel Criticises Police Evidence OBJECTION TO QUESTIONS "A person should not have to have legal advice at an inquest to get a fair hearing. There is no evidence about the certificate of fitness by the police, vet evidence of a defective hydraulic braking system has been stressed, said Mr. W. P. Rollings at the inquest held yesterday at Wellington before Mr. E Gilbertson, J.P., into the 'death of Miss Kathleen B. Thornhill, aged 53 years, who met with fatal injuries as the'result of a collision with a motorcar driven by Miss Violet Helen Maud Taylor in Broadway, Miramar, on the night of November 12. Sub-Inspector J. Dempsey conducted the inquest. Mr. Rollings appeared for Miss Taylor, and Mr. F. J. Foot for the relatives of Miss Thornhill. , In the course of the inquest Mr. Rollings objected to questions by Sub-In-spector Dempsey. The object of an inquest was merely to determine the cause of death and not to provide evidence for any proposed future proceedings, he sai'd. The coroner said he required the evidence to enable him to reach a verdict. Leslie Glenny Smith, radio salesman, said he was driving his car in an easterly direction along Broadway, Miramar, toward Seatoun, about 9.15 p.m. on November 12. As he was passing the aerodrome a small car passed him at an excessive speed. His speedometer was registering 35 miles an hour and he estimated the speed of the other car at 40 miles an hour. As it passed it swung fairly wide and would be about the centre line of the road. There was a bend in the road at this particular spot, and as tins other car did not appear to straighten up, it was on the wrong side and on the most southern tramline. It was about a chain ahead of him whpn he saw Miss Thornhill about half-way across the road, and shortly afterward she was knocked down. The car driver appeared to swing to the ri"ht in order to head off the woman and ge°t round in front of her. The car slackened speed slightly just before the impact, after which the car proceeded about two chains before pulling up on its correct side. There was very little traffic at the time. Visibility was good and the road surface dry. Mi tn css contended that the car could have avoided the collision if it had been travelling at a reasonable speed. Frank James Rogers, a compositor, an eve-witness of the accident, said the car was travelling at 30 miles an hour. It was on its correct side at first, but swerved to the right to avoid hitting the woman, who was running across the street. Witness held that Miss Thornhill ran into the left side of the car. He did not hear any horn sounded. . Alfred Charles Bayne, motorman, said he did not see the actual collision, but previously noticed two cars almost side by side. One then pulled out tojthe right to get past and then suddenly pulled back again and right across the front of his tram. It was travelling fast. After the impact it travelled at least 75 yards further on. , ~ In replv to Mr. Rollings, witness said he estimated the speed ofcthe. car as it was passing the first car and when it crossed in front of the tram. Constable G. C. Urquhart gave evidence concerning the chalk marks on the road and also the testing of the car. lhe hand brake was very effective The car was equipped with a four-wheeled hydraulic braking system which was not m very good order. A series of tests at 20’miles an hour averaged a 38-foot stop. _ The horn was in good order. The maximum speed of the vehicle was 40 miles an hour. On December 3 witness accompanied Mr. Calcinai, vehicle inspector, of the Transport Department, when the speedometer of Smith’s car was tested. This recorded correctly up to 25 miles an hour, but at 30 miles it registered 301 miles an hour. „ _ Cross-examined by Mr. Rollings, Constable Urquhart said a warrant of fitness was issued to Miss Taylor on,November 10. The speed of the car was twice testeel and on neither occasion exceeded 40 miles an hour. , . , , . Mr. Rollings at. this point objected to the police bringing no evidence of the warrant of fitness. Violet Helen Maud Taylor, ticket-writ-er. said she reported the accident to Constable O'Connor at Miramar on the same night. She had swerved to the right to avoid a woman crossing the road, but the woman ran into the car. After proceeding on for a short distance she pulled up and returned on foot to the scene of the collision. To Sub-Inspector Dempsey, Miss Laylor said she was travelling between 20 and 30 miles an hour. She knew this, as she had glanced at the speedometer as her car was passing the other car. Mr. Rollings at this stage asked his client to refrain from answering any further questions. The coroner_ intimated that he had heard enough evidence. The coroner found that Miss Thornhill had died as the result of injuries received in a collision with a car driven by Miss Taylor on the night of November 12.