PRINCES STREET TRAGEDY

Evening Star, Issue 22367, 17 June 1936, Page 10

PRINCES STREET TRAGEDY

DEATH OF TWO PEDESTRIANS GAR DRIVER FACES GRAVE CHARGES SEVENTEEN WITNESSES TO BE CALLED The accident in Princes street on the evening of May 9, in which two men lost their lives and two women wore injured, led to the appearance in the Police Court this morning of John Francis Harris (51), a farmer, who was charged with being in a state of intoxication while in charge of a car and causing the deaths of Charles Nicol Stewart and Thomas Joseph Hogan. A total of 17 witnesses are to be called. Mr J. R. Bartholomew, S.M., was on the bench. Chief-detective Young conducted the prosecution, which was taken in conjunction with the inquest. Mr A. C. Hanlon, K.C., with him Mr J. G Warrington, appeared for the accused. Mr Mark Hanan represented the relatives of Rogan, Mr W. H. Carson the relatives of Stewart, and Mr D. Solomon, Mr C. J. L. White, and Mr J. B. Thomson the two women. Mr E. J. Anderson watched the proceedings on behalf of another party interested. Charles Patrick Cull, a taxi-driver, said that ho was driving up Maclaggan street at 6.10 p.m. on May 9 when he was hailed by two men and a woman (whose name he subsequently discovered was Clare Kennedy) and engaged by them. These people then beckoned to another woman (Mrs Chooquee) to join them, and the party told him to drive to Cargill’s Corner. He took them to Bridgman street, where Mrs Kennedy asked him if ho had passed the Kensington Hotel. He then drove back to a point opposite the hotel, where the party left_ him. Thomas Clarke Muirj licensee ofjthe Kensington Hotel, said he was cleaning the bar when there was a knock on the Park Terrace door at 6.20 p.m. He opened the door and saw Rogan. another man, and a woman, while a woman was standing down the street. Hogan’s request that they be allowed in for a drink was refused, and the woman then asked that he should ring a number for a taxi. His hotel was only a few hundred yards from the corner of the Main South road/ and Princes street. Ruth Leslie Burn said that she was waiting at the Oval for a St. Kilda tram and noticed three or four people standing near her. She concluded they were also waiting for a tram. She did not take any notice of their condition. The tram came along a few minutes later and she boarded it. There was nothing particular about the conduct of these people to attract her attention. Archibald Dobbio Magee, a tram conductor, said that a tram on which he was engaged pulled up just past the Maitland street stop. He noticed two men and three women standing about 6ft from the edge of the footpath. One woman (the last witness) boarded the tram. The other people were standing in the same spot as before, and witness thought it peculiar that they should be standing where they were. BEFORE THE ACCIDENT. James Albert Christeson, a sheet metal worker, residing at 56 Cutten street, said that when driving towards St. Kilda his headlights shone on a group of two men and two women at the south side of the Oval pavilion, between the east car lines and the kerbing. He sounded his horn, but the group took no notice, and he had to swerve suddenly to his right to pass them. He noticed that a car was following him. When he was halfway along the Oval. He lost sight of the following car after he passed the pavilion. Mr Hanlon: When you reached the Anderson’s Bay road did you overtake a sedan car?—Yes. 1 sounded my A 01 * 11 and the driver pulled over towards his left to let me pass. At what rate were you travelling r About 20 to 25 miles an hour. Did the other car continue to follow you along the street?—Yes. His headlights were shining into my rear mirror.

At the time you had to swerve away from these people, how far back was the other car?—lt was a fair wav back. Could you form any idea whether the car behind you was also .taking the turn towards Kensingtonr—lhe lights seemed to sweep round in my direction. Did you see the car come on? —No. 1 lost sight of itWhere, in relation to the people standing in the road, did you lose sight of the other car?—l should say the other car would be round about where the people were standing. To Mr Hanan: The visibility was not good, and he was 15yds away from tho group before li© saw them. .Ixm road was wide, and gave plenty of room in which to go over to the right to prevent hitting the group. He could easily have stopped his car within the distance from which ho had'first seen the people. , . To Mr Carson: His headlights were in good order, and were full on. ATTENDED TO INJURED. Stanley Gordon M'Keagg, a lorry driver, said that ho was coming in to the city, and stood by the staff post in Princes street to wait for a tram. He noticed two men and two women about a chain from where he was. The men appeared to be about 2ft or oft from the kerbing, and the women on the edge of the kerbing. He saw a motor car approaching from the city on its correct side of the road. It was its speed—about 40 miles an hour—that attracted his attention. He did not hear the car’s horn sounding. The next thing be board was the screeching of a tyre and a woman yelling. He then saw a woman : itting on the kerbing and tho other three people lying in the gutter and road towards the south. He ran across to the woman who was in a sitting positio . (Mrs Chooquee), and she was then screaming. Her head was bleeding. The other woman was 4yds or 6yds away from Mrs Chooquee, and was lying on the edge of tho gutter. Witness sent out a c-’l for an ambulance, and then went to attend to Rogan, who appeared to be the most seriously hurt. Rogan was about the same distant away from Mrs Kennedy as Mrs Kennedy was from Mrs Chooquee, but further out into the road. The other man (Stewart) was further south still. Witness saw the accused once. The accused said “ Did you not hear me sound my horn?” and witness replied that he did not. He did not take anv notice of the accused’s condition. The night was perfect. Mr Hanlon: What time did you go home for tea?—About 6 o’clock. What were you doing beforo that? — I went to the football. But the football doesn’t end at 6. Where were you before you went home for tea? —I can’t remember. I just can’t sav. You’ve told us you saw a car travelling at 40 miles an hour, and yet you can’t tell us where you were?—l had a couple of beers at the Parksido Hotel after the football. No more, I can vouch for that..

Did you go into a shop on your way to the tram stop to change a ten-shil-ling note?—No, I didn’t. Would you swear to that?—No, I wouldn’t. If someone swore that you went into the shop, you would not deny it?—No. You were smelling of drink?—Yes; I had had two beers. Witness added that he did not see the actual impact of the car striking tho people. The car went past him and he did not follow it in its course. By tho sound of its motor it seemed to bo travelling at an excessive speed. Witness also judged that its speed was excessive by the rate at which it passed him. He certainly knew it was doing more than 20 miles an hour. It was doing 40 miles an hour. To Mr Hanan; The telegraph pole by which he was standing was in the centre of the road, and he had an unobstructed side view of tho approaching car. The conduct of the group by the roadside was not unusual: they did not appear to bo drunk. If the car had sounded its horn ho would have heard it.

POLICE SURGEON’S EVIDENCE. Dr William Evans said that at 7.20 p.m. he was .'called to the police station to examine accused. Ho had a good view of accused as he walked from the watchhouse to the senior sergeant’s office. His gait was staggering. During portion of the examination accused supported himself by holding on to the mantelpiece with his right hand. His tongue was furred, his breath _ smelt, and his body swayed when his eyes were closed. His pupils were not fully dilated and were sluggish in reaction to light. Accused said he had that day attended Dr Burns, but could not say for what ailment. He said he was suffering from pains in the neck, but he could not say he was suffering from any specific trouble. Accused said that after 12.30 p.m. he had gone to the Public Trust building to transact business, and at 2 p.m. he had gone for afternoon tea with his daughters and then to tho pictures. At 5.15 p.m. he was at the Gridiron Hotel to see “ Dalgety’s man ” on business. Accused had previously • said he had left the Gridiron Hotel, where he had been having an argument with a bookmaker, shortly after 6 p.m. He said he had then passed the Oval; but he could not give the time, as his watch was not going. He said he had blown the horn once or twice and had knocked over two or three people standing in the road. He said there was no tram in sight when this happened, and that he waited for the police to come. Accused then remarked that he had pulled up bis car wltbin 12yds. " “ I could find no evidence during my examination that the accused was suffering from any organic disease,” said Dr Evans. “ The opinion I formed was that accused was suffering from alcoholism, that his judgment was impaired, and that in the condition which I saw him he was not fit. to drive a motor car.” A QUESTIONING ATTACKED. Mr Hanlon: Were'yon called by the police as a medical expert or as an assistant to listen to the man’s rumblings?—l was called, in as police surgeon. Does that mean to examine the man to find his condition or to take the man’s statements? —To give an opinion as to whether he was drunk in charge of a car or not. Oh! No I Not as to whether he was drunk in charge of a car. It does not take a doctor to say that. Were you called in to say whether or not he was not drunk? —Yes. And was it necessary for you to take down the statements of this man under arrest in the Police Station in. order to enable you to form an opinion as to whether he was’drunk or not? —It was the perfectly correct procedure for me. So if he told you he was down at Dalgety’s in the afternoon that would help you to decide whether he was drunk or sober?—No. You have to test a man for recent events in these cases. Did vou take the statements down in the Police Station? —Yes, in the senior sergeant’s room. And you wrote it down piece by piece as the man talked?—Yes. Were there not any policemen there to take the statements .down on a typewriter?—The senior sergeant was there for part of the time, and he was then called away. Was there anybody else there? —No. You sat at a table and wrote down all that the man had to say and told the police?—l wrote out my report that night. And do you still say it was necessary for you to talk to this man and to get this man to talk about things in order that you should make a report to the police about his drunkenness? — You must • test a man’s memory about recent events in cases like this. _ All that I want to know is if it is necessary, to give an expert medical opinion, to get a rigmarole from the man while be was under arrest as to where he was and what he was doing? —lt is laid down in the text books. For-the police 1 surgeon.to do that?— For anyone. What is laid down ?—To find whether a man has had alcohol, from the smell of bis breath I know that, but what about tho talking? Did you prompt him to talk about his case?—l asked him several questions. Was that to help the police or to help you to give an expert opinion as to whether the man was drunk or sober?—lt would confirm the opinion I had formed from ray examination. And help the police to get an admission from the man?—The question of helping the police did not enter my head. Then why ask and take the statement down, unless to hand them over to the police?—lt is plain reason. It is the custom in every case. _ What the police cannot do legitimately, you, as a medical witness, can do. This man was under arrest charged with this offence, and the police could not ask questions. Y’ou are called in. Are you to do the questioning and to hand the statements over to the police, instead of telling them whether the man was drunk or sober?—You can assume that if you like, but it never entered my head. „ ” Thank you,” remarked Mr Hanlon, resuming his seat. WITNESS RECALLED. At this stage Mr Hanlon asked that the witness M’Keagg should be recalled. “ Since this man was in the box 1 have had inquiries made as to some of bis answers and it is most important that he should be crossexamined further before he leaves the court,” said counsel. M‘Keagg was recalled. Mr Hanlon: Is it not a fact that you left the Parkside Hotel at 5.10?—N0, sir, it was getting on towards 6.3 CL Did you go from there to the Ivensington Hotel?—l went straight home. I didn’t pass that hotel on my way home. Now, I want you to be quite positive about this: Did you not go to the Kensington Hotel, have several beers, and leave there when the hotel closed? —No, sir. I distinctly deny that. Were you talking outside the Kensington Hotel between G and 6.30? No, sir. . You are making no mistake about this ?—No, I am not. , Chief-detective Young; I thmk there

is some explanation for this. Mr Han-* lon may be on the wrong track. Hava you a brother who is very much lika you? Witness: I have. I. do not know; where he was that day. ACCUSED’S REMARKS. William Hugh Henry Newall, i a taxidriver, said that he pulled up his car; about 100 yards north of _ Maitland street, and, as he was letting a pas* senger out, heard a crash. He saw; nothing, but heard a woman scream, and immediately drove to the scene or the accident. Witness described tho positions of the four people who had been knocked down. The accused’s first words to him were: “ I blew tho horn twice, but they would not get out of the road,” and repeated this several times. The accused appeared to be in a dazed condition. Witness would not say that he was intoxicated, although he smelt of liquor. Witness considered that he travelled 50 yards from the point of impact. It was ai perfect night for driving. To Mr Warrington: The accused’s speech was quite rational and clear. He was quite steady on his feet, and did not require support. Olive Mary Parkinson said that sha heard a woman screaming when she was walking into the city, and found the two men lying face-down on the roadway beside the Oval. Beth were unconscious. They were three or four yards apart, and the women two yard* apart. THE ARREST. Constable Dougal Daniel Crawford said when he arrived on the scene the two ambulances were already there. Harris’s ear was near the 'telegraph, pole. When Harris was replying to questions witness could smell drink on. his breath. Harris denied that he had had any liquor. When witness challenged him, accused said he had had two or three drinks. When they were walking to the car, accused said: “I saw these people. I tooted my horn twice, and they stepped towards my car.” Witness detailed the damage to the car. Accused also stated that ha was on his way south to pick up his two girls. Witness formed the opinion, that Harris was intoxicated while in charge. His gait was staggering and his senses were dull, although he talked quite rationally. He left Harris with Newall while he went in search of witnesses of the accident. He found onlv one, M'Keagg. He then took Harris to the Police Station, where he was seen by both the senior sergeant and Constable Matthews. - The police surgeon was immediately communicated with, and accused was placed in the cells. When walking from the watch house to the senior office, Harris was still unsteady on his feet, Witness then returned to the scene of the accident to take certain measurements. He found two tyre burns on the road. The distance from the furthest burn to where the car had pulled up was three chains. On the following day Detective Gibson and he returned to

take further measurements. The visibility was quite good on the night the measurements were taken. He saw 1 Harris in the exercise yard on the Sunday morning and he appeared to be quite normal and steady in Ins gait. To Mr Hanlon: When he interviewed him at the scene of the accident M’Keagg appeared to be perfectly Constable Crawford added that Harris had said that when he saw the people he was travelling at about 25 miles an hour. The lunch adjournment was then taken. THIS AFTERNOON’S PROCEEDINGS. Senior-sergeant W. E._ Packer said that he saw the accused in the watchhouse at 7.15 p.m. on May 9. As the accused walked across to the senior sergeant’s room he was swaying and unsteady on his feet. When he was on his feet he had to lean against the table for support. His speech was very clear, but he did not take an interest in what he was being detained for on the accident. When witness saw him in the cells at 9 p.m. he was fast asleep. The senior sergeant added that he had known the accused for 10 years* and this was the first occasion on which he had known him to be the worse for liquor. Harry Douglas May, a salesman employed by Dalgety and Co., said he saw the accused at _ about 10.50 a.m. on May 9, and again at 2.30 p.m., in the commercial room of the Gridiron Hotel, He was then in accused’s company for about five minutes, but no liquor was consumed. An arrangement was made for them to meet in the hotel between. 5.30 and 5.45 p.m., but accused did not keep the appointment. To Mr Warrington: There was not th eslightest sign of liquor on Harris at 2.30 p.m. ~ Grace Alexandra Finnegan, the wit* of the licensee of the Gridiron Hotel, said she had known accused for about 15 months. He nearly_ always stayed at the hotel when visiting Dunedin, She saw him after lunch on May 9 fo* a few minutes, and again after 5.30 in the private bar. Accused came in by himself, and, after asking for Doug. May, he had two brandies. He left the hotel about 5.55, saying that h* was going to get his children. To Mr Warrington: The second brandy was a small one. Arthur Errol Tilbury said that he assisted his father, who was licensee of the Shiel Hill Hotel. He saw the aocused in the commercial room of th* hotel about 4 p.m. on May 9. The accused had come up in his car, and there appeared to be a lady with him. Ho inquired for witness’s father, who was absent. The accused remained for 10 minutes or a quarter of an hour. He was supplied with a port wine, which! be took to the lady in the ear. That was all the liquor supplied to him. To Mr Warrington : The accused wenti Ito the hotel to see witness’s father about some trotting gear. _ The ao* cused himself consumed no liqvjor.