FATAL STREET ACCIDENT

Evening Star, Issue 17923, 20 March 1922, Page 6

FATAL STREET ACCIDENT

BOY MOODY'S SAO DEATH. THE INQUEST. Tho coroner (Mr J. R. Bartholomew, S.M.) continued the inquiry this morning concerning tho death of Harold James Moody, the thrco-year-old son of Mr Leslie Mocdy, who was knocked 1 down by a, horse and gig while playing on tho street ■at South Dunedin on Thursday last. Subinspector Eccles represented tho police, Mr Irwin appeared for the parents of tho child, and Mr Hanlon for Day, the driver of the vehicle.

Tho Sub-inspector asked that all witnesses be ordered out of court.

Mr Hanlon objected, stating that h© had never heard of such a course being taken at an inquest. The Coroner said that the request was certainly unusual, and he thought the sub-inspector had bctiar not preso it. ' The Sub-inspector said he would waive the matter, and the witnesses were not ordered to retire.

Benjamin Franklyn Hore, butcher, residing at Melbourne street, Soiiili Dunodin, was tho first witness. He said he knocked off work at 12.50 p.m. on tho 16th inst., and left at 1.30 to go for a drive in a gig which was borrowed for the occasion by a man named Lanham. Witness, Lanham, and a man named Day left tho Caledonian Hotel in tho_ gig, Day driving. Witness had two whiskies before they left. Witness was not sure whether Day had any drink. They drove to the Shiel Hill Hotel, where they stayed an hour or an hour and a-half. Witness thought ho had two or three whiskies. Sub-inspector Ecdles: WJi;ut do you mean by saying you think you had whiskies?

Witness: Well, sine© the fall out of the cart my head has been so had l I can't quite remember. Witness added that the horse had a hard month and. a- switching tail. On leaving Shiel Hill Hotel the three drove on along the road, stayed on the road a while, and then 'went back to the hotel, where, so far as he could remember ,_ witness had two or three "pony shandies." The Sub-inspector: Did you have any gin? Witness: "1 believe I did. have one fin." Continuing, witness said the party left the Shiel Hill Hotel about 4.30, Lanham driving. The party .stopped at Porter's Hotel, at St. Kilcla, and Lanham and witness wont in, Day stopping in the gig. Witness had one medium beer, and a beer or a shandy was taken out to Day. They left Lanham at this hotel about 5.40, driving along" King Edward street towards town, Day having the reins. They kept to the left-hand side- all the. way. About 40yds from Grosvenor street the mare switched her tail and took one rein out of Day's hands. The reins were not joined. The marc swerved to the right, Day pulling in to the. one rein, and the gig struck a telegraph poet at the corner of Grosvenor street. Witness was thrown to the ground unconscious. Ho had a hazy recollection of seeing children playing in the street just before the accident. 'Die mar© was all right up to the timo the rein got under her tail. Dayhad had some .experience with horses. It was a pure accident the rein getting under the mare's tail. A warning to be carefu| about this possibility had been given before the start of the journey. To Mr Irwin: The mare belonged to a man named Buchanan. Day would hear the instruction regarding care about the mare's tail. To the Coroner: The mare was driven at about six miles an hour. She was a trotter, and had at one time won a race.

Herbert William Lanham, coal merchant, St. Kilda. said he joined, the party at the Caledonian Hotel. They had a couple of shandies there. At Shiel Hill witness had two medium shandies, and he fancied Day had a gin. Horo had a whisky and perhaps a couple of beers. Returning to the hotel, they had two or three more drinks. They may have had six drinks during the whole journey. The reason witness drove the gig from Shiel Hill to St. Kilda Hotel was because he was first into the gig. Hore, Day, and witness were perfectly sober. At the St. Kilda Hotel the three had another drink each. Witness had had a long experience' with horses, and would not like to drive this particular mare again. She had a hard mouth, and was difficult to drive. The reins were not joined.

Alexander Anderson, motorman, said lie was driving a car going south along Kins Edward road about 6 p.m. on the 16th iust. Ho had just passed Grosvenor street when he saw a sulky driven by two men coming towards him. The horse was galloping, and witness steadied the ear, because ho felt sure by tho way the git;; was swinging about the road it would collide with tho car. Tho driver had both reins in his hands at the time. His hands were raised about the level of his face, and he was leaning against tho side of the gig. _ Just as the gig came- level with the car it swerved to the left, going so close to the car that it would have been difficult to put a 'hand between the two vehicles. Witness was of opinion that the driver was not in a fit state to bo in charge of a hocse. On passing Grosvenor •street witness had noticed .some children playing in tho road, and ho feared an accident. One of tho children was a boy of about four or five years of age. Tho reins were not under the horse's tail when tho gig passed the car. The horso was going ten or twelve, miles an hour.

To tlie Coroner: Witness was first struck with the idea that something was wrong when the gig was about 20 or 30 yards away. John Plank (licensee of the Caledonian Hotel), Isabella Clark (wife of the licensee of the Shiel Hill Hotel), and Thomas Toner (barman at the fit. Kilda, Hotel) gave evidence as to the visits of the three men to tho various hotels and the drinks they had. Each said that the men were sober.

Timothy Hayes, carriage trimmer, said that he heard a horso coming along tlie footpath near his place, and on looking over the fence he saw a horso and gig collide with a post in Grosvenor street. There was no one in the gig, and the horso was going at a medium pace. The gijr was caught between the post and the fence, and tho horso parted from it. Witness did not see the child at nil.

Leslie Moody, engine driver, father of the deceased boy, said that he was staying at the Kensington Hot-el. Just before 6 o'clock on the day in question ho went to look for his children to tell them to come to tea. He saw them with ether children in the street, playing horses. The elder one was "driving," and the younger ono v.-as at the back. They were on tho continuation of tho footpath across Gtosvenor street. Witness was just about to call to them when ho saw a gig swerve across and strike the post, and at the samo time strike the youngest boy in or about the neck. The boy was knocked down, and ono of the wheels went over him. Tho horse was galloping. Witness ran to pick up the boy, and took no notico of anything else. Thomas Day, tho driver of the crip;, was the nest witness called, but Mr Hanlon said that ho had advised him i.et to give evidence, on tho grounds that his answers might incriminate him. _ Tho Sub-inspector said ho would like to ask witness one or two questions, but tho coroner suggested that it would scarcely bo worth while swearing the witness when ho could immediately claim .privilege. Tho Sub-inspector: All right, sir. Tho witness then stood down.

Sergeant Murray said ho saw Fore at about 6.35 on the evening of the accident. Here was tying on a sofa in his kitcnen, arid witness"and tho man's wife shook him up. Witness spoke to him, but,could not get much satisfaction, as the- rr.tm was drunk. Witness loft Horo and saw him next morning. Ho saw Day about 6.20 p.m. in Grosvenor street. Day showed si"-ns of drink, and witness considered he was not in a fit state to make a statement, so left him also till the rext morning. ■ He seemed to bo stupid, but the accident may have contributed to this erudition.

To Mr Hanlon : Witness would not say Day was drunk. Tho fall may have been tho cause of the man's condition, no swelt of drink. It was a difficult thing to say, in tho circumstances, whether the man was badly affected by drink. Witness was a teetotaller.

Tho Sub-inspector said that in spito of exhaustive inquiries there ;.ppeared to be no one but the father who. had actually seen the child knocked down.

Tho Coroner said that the evidence of Hore wasin tho direction of showing that the men in tho gig were sober, and that tho accident occurred owing to tho rein getting under tho tail) of the horse and causing it to swerve. That evidence was entirely at variance with the evidence of the witnesses Anderson and Moody, which showed that the horse was galloping. There was also the conflicting evidence regarding the condition of the men at the time. In view of the evidence given, the question of the criminal responsibility, if any, of the driver of the gig was one to bo investigated, by another court. In accordance with hi.s (the coroner's) usual practice in such circumstances, he would make no further comment. The formal verdict would be that death was due to a fracture of the base oE the skull caused through deceased being knocked down at the corner of King Edward road and Grosvenor street on March 16 by a gig and horse driven by Thomas Day.