BANDON MOTOR FATALITY

Feilding Star, Volume XVI, Issue 4010, 9 June 1920, Page 6

BANDON MOTOR FATALITY

THE CORONER'S FINDING

NEWTH SHOWED NEGLIGENCE. The enquiry,, into the Sandon motor fatality was .'concluded at the Palinerston yesteradyi.befojre Mr E. Goodbehere, coroil'er; of'Feilding. Thomas 1 'Killick, taxi proprietor, Palmer6ton>North,, said he was returning from the Wanganui races with a load of passengers.""He left the course about 4.50. His first stop on the road was at lurakina Hotel. This was d6ne fbtf' the purpose of putting water in/the* radiator. Newth's car was there but left again a few minutes before witness. Witness -had, stopped five minutes'. 'Witness next'saw Newth's car at the sceiVeqJ the, accident. Witness' car jWas the third, or fourth to arrive on the scene ."The distance from Turakiiia'to the scene Was about 15 to 18 miles. Witness , travelled at about 25 miles from Turakina. Newth, he presumed, must have Uraveiled at about thei same'pace. The accident could not have. occurred more than five minutes before he arrived. Mr Newth's car was'facing.the right hand side of-the road with the back wheels in the centre. Eglington's car «ason the Sandon side of Mr Newth's and facing Sandon. Eglinton's car would have been , on s,the proper side when travelling, according to the positions. Witness -heard aome talk at the scene about ' Eglingtbii's car having; no lights. ■Thereupon Jie examined Eglinton's' switches';and found they were all in except the engine switch. That would mean that no lights would be showing on the car. He did not think the impact would knock the switches off.' To put the headlights out the outside'switch would be pushed in and to!p,fi : t""-Ehe-dim lights on the second switsh- should be pulled out. It possible that Eglington had put out the headlights 'but had neglected to pull out the other switch to put the dim lights on. The headlights on the approaching car had made it 'impossible for Eglmton to know whether his headights were on or not.

To the coroner: It was-'.not very likely,, but it was possible that an experienced driver could make. such a mistake in dimming his' lights.' Wie weather was fine nnd cold, but it was a fairly dark night. . . To Mi ; Graham: If the dash light was burning at~*the time of the crash there must have been one switch pulled out. "When he examined the switches they were all. off except the engine switch. It was/quite possible they could have been interfered wrt«-. The crowd which ha.d gathered were looking round .the:/carsi ;■.■■"•'', , Mr Sharp had said that all, \ the switches were off when he examined them. Someone may have interfered with them (between then *nd the time you examined them P—That is quite possible. ~ . ~c Did you see anyone interfering witn; the switdhes P-r-Nbi ■_ ' n '■_ • Do 70*1 know FaiTclothP—Yes. Did you see iJbim about ?—Yes. ; What was he doing ?—*He was doing .ill he> could helping. _ Did you ; see- < a 1 lady, m Mr Eglmgton's car ?—She' was Walking about when I got there. • ■ • ■ ' Did you say anything to her a.fcout the switches?— No. - u < ■ ■ Did you hear some man say anything about the switches —No. = DklFaircloth'have a look at the. switches —Yes, ;he;and I had a look at them together. Faarcloth/says he did .not examine the switches at all?— Then he is-not telling the truth., He went .with me to see them, no matter, what he saict. ■ Did Faircloth* interfere with the, switches —I touched them and lert them as I found .-them. Can you give'the Court .any reason why Faircloth :should'have come here and tell us thatyhe did not examine the switches at all ?—No. ' ■ > Do you know if Faircloth has any interests in this Business?— Nft. ; Is he a friend of Mr ■ Newth?--I. do rot know if he is a particular X To Mr Ongley: The car was likely to swerve to" the side.on which the wheel came off.., The impact was sufficient to send the cars to the wrong side of the road.- -'■■■■ _ Mr Graham: Can yon account fpr Eglinton's oar being right, over on. its proper side of the road?—lfgnn-' ton's car also swerved round a lit■tle. ' ■ " : ■■■■-■' •"' - ■■ \ ■ .Sergeant Fitzoatrick: TVTiat ■ was Faircloth's condition when you left? —Hβ was a little-bit excited and was bleeding a- little. Hβ' was'in a better condition to give evidence terday than he was sit the time of the accicfent. * "" James Muir, taxi proprietor, • Palmersto_n '.North,' said' h& left 1 the Wangamii racecourse, on v the day jn ntiestipn at 4.'45.p.m.' Witness; saw Newth leave the. course at the J3ame time. Witness pulled ; up at the Turakina Hotel for water.' He" travelled about 25 miles an \hour. At' Wariga-. nui it took, him ten minutes to get benzine and two.,or three minutes at Turakina for water. After the accident he examined the switches on Eallnton's car. The three light switches .were off. • To the Coroner: Witness did not touch the switches: he struck a match and had a look. 7 It was freely stated Efih'nton had no lights. To Mr Graham: Witness did not remember any conversation with rloth about the switclies. He did not know Killick and Faircloth had examined the switches. . He had not conversed with Faircloth since the accident. Witness admitted he had a conversation with' Faircloth after the latter had given his evidence the pr&viou» day, but the afceident was not mentioned to his knowledge. Ernest Uhrbom, moto i- mechanic s Palmerston North, said the impact would not have any : effect whatever on the switch keys of a Buick car. If the switch keys had been out before the accident they would , have remained out. ' To Mr Graham: With, an impact such as was suggested anyone sitting in the'front seat would be thrown forward towards . the dash board on which the switches, were arranged. If ttoir arm or any' part of their body Vnocked against the switches they would easily be .pushed in. This would apply to anyone sitting by the driver. If a car was standing on the rood it would be an easy thing for some unauthorised person to pull the switches in or out. Police Constable James Wilson, Bulls, described the position of the cars shortly after the accident. Eghriton's car was nearest to Sandon. rho back part of it was touching the! grass and the near front wheel was on the crown of the road. Newth's car I Was about lo feet further along the i;oad towards Mt, Stewart. The front of tho car was on tho grass on the left hand side of the' road going towards Sandon, and the back wheels

on the crown of the road. Both cars were very badly damaged, especially Newth's.' Both sides of the road seemed to be equally used. •To Mr Graham: It was about an hour and a half after the accident that Sharp, at witness' request, examined the switches on Eglinton's car. I To the Coroner: There had been great complaints about the excessive sped of cars , going and coming to race meetings. Coming home' from t-he races several cars went through Bulls at great speed, but it was impossible to get their numbers. He had no knowledge in this respect. In witI ness' opinion Eglinton had been a careful and capable driver and was a temperate man. He would not be a man whom witness would imagine would take the risk of driving at night without lights. Witness-had had personal experience as to his capability as a driver. At the request of Mr Graham, Mrs A'Court was recalled. Mr Graham: You told the Court yesterday that immediately before the crash the lights were going. Was the little dash light going?— Yes. I think at one stage some persons came and interfered with the switches. What was said and what was done?—l was standing on the step holding Mr Eglinton when a man came to the opposite side of the car. He asked me to turn on the lights, and I told him I did not know anything about their mechanism. He appeared very excited and argumentative. I told my husband not to argue with him. A few minutes later someone got on the step again and touched the switches while I was still holding Mr Eglinton. , I fancy he said the lights were not working at all. I know someone touched the switches, but they did not burn. The •battery must have gone. Your husband was present at the side of the car?—-Yes. Could you identify the man who in- | terfered with the lights?— No. You were sitting on the left-hand side of the car in the. front seat when it was travelling —Yes. When the crash came I was thrown out of the ■ seat—forward—and then back again. Mr Ongley: I take it from your evidence that you, don't know what Rights were burning ?—The dimmed lights were burning immediately before the accident. Witness could not swaar to haying seen the reflection of 'Eglinton's lights , on the road. Mr A'Court, also recalled, said he was present by the car when Mrs A'Court was holding Mr Eglinton. A young fellow came round there and seemed, : to be excited and jumping about. This fellow alleged that there were no lights, on the car and.wanted' somebody to examine them. Witness started arguing with him, but Mrs A'Court told him to take no notice of him, and they proceded in {heir work of helping.the injured. Since then he had ascertained that the man was Faireloth, and had recognised Mm in Court the previous •day." Faireloth would not touch the switches' himself ;'"' but got someone else - to "do so. That someone had pushed the buttons in and out. SergeSnt' FitHpatrick: Mr Killiek said he did. that. Walter William, Andrews, motor expert, Feilding,,..said he had visited the scene of the collision, and at the request of Mr Eglinton's representatiresMiad taken' Mr;. .Eglinton's car to Feilding. The battery box had been smashed off by the impact. When he got the car to Feilding witness made an «experiment ; with the lights. He got another battery,; to which he connected 1 the existing wires, and the lights went all fight." All the lights were acting perfectly". If Newth had taken the'corner properly the lights of his car would not have flashed on to Eglinton's gate. The tendency of the impact would be to throw the light ; away from the gate. In his opinion, Newth's car would b& off the metal and, on the, grass in order for the light to.be on the gate. It would 'be possible for a man coming in Newth's .direction (without getting off the metalled road) if he twisted suddenly to his left for his light to shine on Eglinton's gate. : Coroner:! The evidence given is that Eglinton's .car ... was ■■ not ■ .seen by •. Mr Newth. ilTJhere wasvnothing seen until, the . crash occurred. The question is whether you think it feasible that ax experienced driver; taking every' 'precaution,; could:see the car before -the —I. think; he should have seen it, even assuming Eglinton had no lights. Canyon account, for Newth not seeing it?— No.. I can't.. .

SUMMING UP THE VERDICT. . ; The Coroner, After a retirement of a few minutes, returned with tie verdict. He said he had listened very carefully to the evidence. It was liis duty'to decide from the evidence as to what blame;was,attachable to any person. Tor persons, concerned. He complimented, the police on the very full .'evidence, produced' concerning . what, had. occurred. It was a most lamentable affair that three lives should have been hurled , into eternity so suddenly—and if "this was brought about, by carelessness ' it was "quite right that the person; or persons responsible should suffer in consequence.. In most accidents of this kind it was difficult to obtain exact or truthful versions.' The evidence given in this case was very, conflicting' indeed on. certain points. The* witnesses , On Eglintou's car weie most emphatic that the lights were burning on tha,t car and also that the vehicle was travelling on its correct side of the road. The evidence given by five occupants of Newth's car was just as unanimous that there were no ligtbs and that it -was. on its wrong side. If the lights were on they said they would .have seen the car. ' 'It seems to me almost miraculous thing that one should be coming along and smash into another one, even if there were no lights, without anyone seeing it until the crash occurred. If a man, was looking out he could not fail to •see it unless it was a very foggy night. The evidence as regards the position of Eglinton's car showed clearly that at was on its right side. "I must find on the evidence thai this was so." Theire w&s clear evidence that immediately before the crash' Mr Eglington's car lights were burning. As to speed of the ca,rs it was a very difficult matter to some tb a satisfactory conclusion, as the evidence given varied very much. The Coroner saicl. that he assumed that Mr Eglinton's car was not travelling fast, because it had been at a standstill only 300 yards 'back. The other car was going between 25 and 27 miles an hour. There was no actual evidence respecting the various times either at the hotel or the time they left the races. He did not, however, consider Newth'K speed, as stated, as excessively, fast. "I do think, though, that there was v failure on the part of Newth to keop n; proper look-out, because I must say that in any circumstances it is quite clear to my mind that Mr Eglirigton's lights were burning at the time he

should have 'been prepared for anything that was coming. Therefore there was some .negligence shown on the part of Mr Newth failing to keep a proper lookout. Unfortunately, he could do nothing else but bring in an open verdict: That the deceased met their deaths consequent upon a motor collision at Sandon on May 20. The Coroner specified the dates c.nd actual causes of the death ! of each deceased.

The Coroner said that he would like to remark upon the number of fatal motor accidents occurring throughout the country. To his mind there accidents were the result of recklessness or carelessness. It was very necessary that some action should be taken and it was pleasing to note that some of the local authorities were taking precautions to'have them stopped. If tlie authorities took action to stop reckless driving —as they have power to do —these fatal accidents would be very greatly minimised. —Times.