A RECENT FATALITY

Evening Post, Volume C, Issue 88, 11 October 1920, Page 8

A RECENT FATALITY

THE DRIVER'S EVIDENCE COUNSEL DISPUTES CORONER'S METHODS. The inquiry into the circumstances leading up to the death of Mr. Alfred Talbot ivlaile at the Hospital on 29th September, following . his having been knocked down by a motor-car on Cburte-nay-place the same morning, was continued by Mr. J. S. Evans, District Coroner, to-day. Chief-Detective Ward appeared for the police, Mr. A. 'W. Blair for the driver of the car, Sir Kenneth Douglas for the relatives of the deceased, and Mr. H. E. Evans for the Motor Union Insurance Co. In answer to questions put by the Coroner, William Arthur Webb, the driver of the motor-car which struck deceased, said that he proceeded down Courtenay-pkce on his correct side, till •when, about seven yards from the intersection ,of Tory-street he saw a. handcart being pushed across the road, apparently from Tory-street, and on its wrong side of that road. He then swerved his car to the right to avoid the handcart, and, after goingl a few feet oii that turn, made a second turn to the right. The 6peed of the car down Courtenay-place would be between 12 and 15 miles per hour, but after passing Stewart's shop he reduced speed in order to cross the street intersection at about eight miles per hour, and -when he made his first turn the car would be going about seven miles per hour, and' at the second turn, after he had put the hand-brake on, about five miles per hour. He first saw the men after making hie first turn, and took the second turn to avoid them, sounding his horn continuously, as he had previously done to wairn the man in charge of the handcart. Both men turned round facing the car, one caught the other, both took a step back, and then went forward again. "Then you ran over Maile?" asked the Coroner. "Yes," replied Webb, and the official typist proceeded to take down the evidence. COUNSEL PROTESTS. "I do suggest," said Mr. Blair, "that the witness should be permitted to give his own evidence. I submit, and most strongly protest, that the witness should tell his own story." "You have no right to protest," replied the Coroner. "I am examining the witness in a most careful manner. I am not leading him." "I submit that '80 per cent, of your questions are leading questions," renlied Mr. Blair. "It is not a leading question if the witness has the option of saying 'yes' or 'no.' " THREAT TO WITHDKAW WITNESS. "Unless the man is allowed to tell his own story, I shall instruct him not to tell it at all," said' Mr. Blair with | some heat. "Your Worship's idea of a leading question and mine are entirely different, and I say most certainly 1 that questions put in that form are leading questions. It is your Worship's Court, and I must defer to your Worship's ruling, but I propose to recommend, that he refuse to give evidence unless ho is allowed to tell his own story. I do object to the method of examining. Your Worship is cross-examining." "I am examining-tire witness on admitted facts on his own data. I have not a-sked a single'leading question." Mr. Blair again protested. Chief-Detective Ward said that the witness could refuse to answer questions only on the ground that his answers would tend to incriminate him. "I am perfectly content to allow the witness to be examined," answered Mr. Blair. "No person is here charged with an offence." said Mr. Evans. "It is the duty of the coroner to examine witnesses and to find out the whole circumstances of the case. There are no parties, and anyone who appears does so merely by permission of the Court. I want to be fair to the witness, a.nd'l have not asked the witness any questions that may be unfair to him."

"There may be a shade of meaning which gives the witness's exact meaning," insisted counsel. "May I respectfully suggest that Mr. Ward should be allowed to examine the witness "

"Mr. Ward simply called the witness It is the duty of the Coroner to examine' witnesses," responded Mr. Evans. "Are you suggesting that Mr. Ward knows move about cross-examining the witness than I do?" STRAIGHT TALK. "It is no good my leaving any doubt as to what I intended to convey," answered counsel. "I do suggest that your Worship is putting leading questions." "And I suggest most respectfully that you do not understand leading questions. If you want to withdraw the witness you may do so." "Will your Worship make a. note on the depositions that I object only to the method of examination and not to the examination?" asked Mr. Blair finally. "No, I will not," said Mr. Evans. ■ EVIDENCE CONTINUED. Witness then continued his-evidence. When the car reached the men it would be> travelling at five or ■ six miles per hour. Ho almost stopped the car -when he struck them, but had to release the brakes and go on about three yards to get off the tram line, and then ran. on towards the Gas Company's Offices.

To Chief-Detective Ward : He kept a sharp look-put for traffic at the intersection, but, when lie saw the handcart the men were out of view.

Examined by Mr. Blair, Webb stated that he had been driving cars for about seven years and had never previously been concerned in an accident. He was fully awai'e that he was required to slow up at the street intersection. He had since ascertained that the man with the handcart was deaf and could not hear the. warning. One of the men seized the radiator, which he could not have done had the car been going at 10 miles per hour, as he would have been thrown down.

Robert Anderson, newsvendor, said that as his hearing arid eyesight were very bad he did not notice the car till it was close to him. It appeared to be going at an ordinary speed and slowed down as it.passed him., Cyril C. JFloy-i, commercial traveller, said, that lie was driving a, car towards Courtenay-plnce, and took particular interest in Webb's car, as it swerved towards him. The driver, lie considered, pulled iap the car in very reasonable distance., and when he first noticed the machine it did not appear to be approaching at an excessive pace, and when Barnard was clinging to the radiator it had apparently almost stopped. Inspector M'Com'tie, recalled, submitted further measurements made at the scene of Ihs- accident.

(Proceeding)