NEGLIGENT DRIVING ALLEGED

Evening Star, Issue 23122, 23 November 1938, Page 10

NEGLIGENT DRIVING ALLEGED

ANDERSON'S BAY RSAD FATALITY ACCUSED COMMITTED FOR TRIAL As the result of a fatal accident which occurred in Anderson’s Bay road on tho morning of August 25 last, Alexander John Black was charged before Mr J. 11. Bartholomew, S.M., in the Police Court this morning with having negligently driven a car, thereby causing the death of James Ewart. Accused was represented by Mr A. C. Hanlon. K.C., who had with him Mr Mark Hanan, and Mr J. G. Warrington appeared for the widow and family of tho deceased. It was agreed that the inquest should. be taken concurrently with the indictment. Norman Frank Greenslade, resident surgical officer at the Public Hospital, said' he remembered James Ewart being admitted on the morning of August 25? Ewart was delirious and bleeding from the left ear. Fie had a fracture of the left leg and other injuries. An operation was performed by Dr Speight, Mr D. Lautour, and witness in tho afternoon. It was then found that there was an extensive fracture of the skull, the surface of the brain being lacerated and bleeding. Death took place about 4.45 p.m. the same day. The cause of death was extensive fracture of the skull, associated with laceration of the brain. The injuries would be consistent with deceased having been knocked down by a motor car. Gwendoline Dorothy Parker, shop assistant, said that when crossing the road between Royal Crescent and Queen’s Drive while walking, to town on the morning of August 25 last, a small motor with a I) demonstration mark passed her at a stow speed. Witness saw tho car hit a man, and the driver pulled up straight away. Floury Ansell Johnston, draughtsman, and Stanley Edward Bertenshaw, who had not seen tho actual impact, gave formal evidence. William George Cleaver, tram cleaner, said that tho deceased had been a relieving cleaner for about six months. Deceased would have to use the short steel implement to clean the points, and it would be necessary to stoop down on one knee to use the tool.

To Mr Hanan: No flag or sign was necessary; the man could keep an eye on any traffic coining along and step aside. Cleaners in other centres did not carry a flag. Janies Ewart, of 39 Onslow street, St. Clair, son of the deceased, said that the latter had been a tramway cleaner employed by the City Corporation. He was 55 years of ago and had enjoyed good health. , Robert John Pearson Smith, shepherd, said he was employed as motor driver for Maurice Collins, coal merchant, at the time *of the accident. He was in Anderson’s Bay road about 8 n.m. on August 25 delivering newspapers. Just before reaching the bend witness was overtaken by a car going towards town. This car was travelling at a moderate speed, about 20 miles per hour, and witness followed it into Anderson’s Bay road. It was a fine morning and the road was fairly dry. There was not much traffic about. Just after passing Royal Crescent witness saw a man being bowled along the road at the same time as the car in front was pulling up. Witness had not seen tho man prior to that, owing to the other car obstructing the view. The ear in front pulled up suddenly-’ and witness did the same. The two. wheels of the car in front would bo on the left-hand rail nearest the kerb. Witness identified the accused as the driver of this car. Both witness and the accused went to the assistance of the injured man, who was unconscious. Accused asked witness to telephone for tho ambulance. Accused was quiet and appeared to bo sober at the time. There were-no other cars on the street then. The sun’s rays affected witness’s vision as he was going into Anderson’s Bay road. James Cecil Neill, manager, and Detective Brown, official police photographer, gave evidence regarding measurements and photographs respectively taken by them at, the scene of the accident.

Traffic-inspector Dickel also gave formal evidence regarding measurements. He had examined accused’s car after the accident and found the brakes in excellent order.

Constable Watts, who came on the scene after the accident, said that accused had stated to him that he had applied his brakes when he saw the man on the rails, and witness found skid marks for a distance of 24ft Sin. Witness detailed other measurements which he had made, and rend a statement subsequently made by accused, who stated that after watching for possible cross traffic and to see if the witness Parker crossed the road at this intersection, which was a dangerous one, he had looked ahead and noticed a man crouching on the rails and immediately applied his' brakes, but the man had been /struck. Detective Gibson said that on interviewing accused the latter . had said that he had been in the habit of meeting the witness (Miss Parker) at the locality which had been the scene of the accident. Accused had , also said that he had not been troubled that morning by the glare of the sun. He had consulted) an optician about 18 months before the accident, and spectacles had been prescribed. The accused, who reserved his defence, was committed for trial at the next sitting of the Supreme Qourt, bail being allowed, himself in £SO and one surety of £SO. In regard to the inquest, added His Worship, it would not be proper, in view of the fact that the circumstances wore to ho investigated in another court, to make any comment. He would therefore return an open verdict that deceased had died as the result of extensive fracture of the skull associated with laceration of the brain caused by being knocked down by a car driven by Alexander John Black. The Chief Detective asked whether His Worship would make any order prohibiting accused from driving in the meantime, hut Mr Hanlon objected, stating that There was no question of reckless driving or of alcohol. The Magistrate said that, in all the circumstances, ho was not in a position to make any order regarding this point. _______