GEORGE STREET FATALITY

Evening Star, Issue 23123, 24 November 1938, Page 7

GEORGE STREET FATALITY

NEGLIGENT DRIVING ALLEGED ACCUSED COMMITTED FOR TRIAL In the Police Court this morning George Albert Terry was committed for trial at the next sitting of the Supreme Court on a charge of negligently driving a motor vehicle and thereby causing the death of Douglas Haig Outsell, on October 17. A further charge of being intoxicated while in charge of a car was adjourned. Inquest proceedings were taken concurrent with the hearing of evidence. Chief-detective T. A. Holmes conducted proceedings on behalf of the police; Mr 0. .1. Cooke watched the case on behalf of the relatives, ' and the accused was represented by Air E. J. Anderson. The first witness called was James Cecil Meale, registered surveyor, who gave evidence of surveying the scene of the accident. Photographs of the scene were produced by Macdonald Brown, police photographer. John Boyd, acting house surgeon at the hospital, recalled deceased being brought to the hospital on the morning of October 17. He was in a comatose condition. Dr D’Ath, pathologist at the hospital, gave detailed evidence of his post mortem examination of deceased. He considered death was due to comatose asphyxia as the result of extensive ' laceration of the brain, and haemorrhage of the surface of the brain. Dr E. R. Harty, police surgeon, said \ that he examined the accused at the police station immediately after the accident took place. He was unsteady in gait and reacted badly to the tests applied. His breath smelt of some volatile substance which nearly covered the smell of alcohol. His eyes were bloodshot, his tongue dry and furred, and his general appearance and demeanour were those of an intoxicated person. Witness did not think accused was in a fit state to drive a car owing to his intoxication. James Shields, acting Government analyist, said he analysed the contents of two tumblers (produced) and found that one had contained beer and the other one traces of having held a brewed liquor.

NEPHEW’S EVIDENCE. Sydney Outsell stated that he and deceased, who was his uncle, Jeft home at 2.45 a.m. on October 17 to commence their daily milk round, Each was riding a bicycle, and the machines were in good order. Deceased was never out of sight of witness, but was about a chain ahead all the time they were riding down Pitt street. Coming out of Pitt street they turned along George street, in the direction of Hanover street, deceased still being slightly ahead. “ I saw a car coming along on the wrong side of the road, going at a terrific speed,” said witness. The car crashed into deceased, then ran into a pole; it,crossed Frederick street and ran into an electric light pole. Witness went along George street a little, turned back, and went to his uncle. Terry descended from his car, lifted a girl from the car, and approached'deceased. Witness said he could smell liquor on Terry’s breath. His uncle was unconscious and bleeding from his head. Visibility was good at the time; it was just breaking daylight. _ Witness remained there until the police came. “HEARD TWO CRASHES.” Constable Ivan Edward Harris said that at 3 a.m. he was in a taxi depot in Frederick street when he heard two crashes. He ran out to investigate, andi saw a man lying on the road. Accused was walking towards him. Witness went up to the man on the road and found him to be deeply unconscious. There was a motor car on the footpath. Witness spoke to accused and ashed him who had been driving the car. Accused said he had been. Witness considered accused had been drinking and was in no condition to drive a ear. He was unsteady on his feet and his speech was thick. When asked what had happened accused said he did not know. _ Deceased was removed to the Hospital and accused to the police station. Witness detailed the damage done to the poles struck. One belonging to the City Fruit Company had been carried 17 feet. The car had finally come to rest against the wall of Wilkinson’s chemist’s shop, where several tiles had been dislodged. The weather was fine, the roads dry, visibility good, the lighting at the scene of the accident also being good. Edward Francis Holloway detailed arriving on the scene of the accident after the arrival of the police. He recognised the injured man as Douglas Guteell. He spoke to accused, who seemed excited, and his breath smelt strongly of liquor. Witness saw a girl present; accused had' spoken to her, saying: “ You were driving.” Sergeant Sugrue also gave evidence. Witness told accused he was intoxicated, but accused said he had had no drink whatever. His condition was such, however, that witness took him into custody. At the police station accused was examined by Dr Harty at 3.30. At the station accused stated he did not see deceased until he was within a few feet of him. Constable Edward Henry Clark said that he had inspected the motor car, and had found in an interior pocket two glasses. One contained a small quantity of fluid similar to ale, and the other a dark, gummy substance. A VISIT TO MIDDLEMARGH. Margaret Christie, married woman, from Gladbroqk station, a short distance from Middlemarch, said that on Sunday,_ October 16, her daughter, accompanied by accused, paid her a visit. At 9 p.m. they went to Middlemarch to visit a Mrs Turnbull at the Railway Hotel. No one had had any liquor up till that stage. At the hotel Mrs Turnbull “ shouted,” and they all had four drinks apiece. They left the hotel at 11.10 p.m., and witness was taken back to Gladbrook. Accused and witness’s daughter returned to Dunedin about midnight. Her daughter could not drive a car.

Evelyn Turnbull, wife of the licensee of the Railway Hotel, Middlemarch, gave evidence of the visit of accused and Mrs and Miss Christie. Accused had had three or four drinks, which consisted of stout in which was a little port wine No liquor was taken away from the hotel, and accused was sober when he left. To Mr Anderson; The last drink was taken about 10.30. Detective-sergeant Taylor said he interviewed accused at the detective office on October 17, informing him that deceased was in a serious condition, and was not likely to recover. He warned accused that it was more than probable he would have to face a more serious charge. Accused said he could not remember the accident and denied that he had been in an hotel at Middlemarch. Witness showed accused the glasses had been found in the car. He admitted knowledge of the glasses, but did not know how the liquor came to he in one of them. He told witness he had been driving the car. Of the accident, all he could remember was

that the deceased suddenly appeared before him. That concluded the police evidence. Accused pleaded not guilty, and was committed _ to the Supreme Court for trial. Bail was allowed in his own recognisance of £IOO, and one surety of £IOO.

Mr Bundle then gave his verdict, as coroner, finding that deceased had died in the Dunedin Hospital from comatose asphyxia, the injuries being received as a result of a collision between a bicycle ridden _ by the deceased and a motor car driven by George Albert Terry, on the morning of October 17.