OPUNAKE.

Hawera & Normanby Star, Volume XLII, Issue XLII, 29 April 1922, Page 4

OPUNAKE.

(From Our Own Correspondent.)

CORONIAL INQUIRY

An inquiry in reference to the accident at Ueo on the Bth inst., by whocii Thomas Duff y_ received serious injuries of which he died On the. 18th inst., was held at the courthouse on Friday. Mr. A. H. Christie, acting-coroner, presided. The followed- jury was empanelled: Messrs T. S. Hickey (foreman), C. A. Woolford, J. S. Winstaiiley, J. P. Burton, J. Stewart, and T. H. Sinclair. Deteetiye Cooney conducted "proceedings on behalf of the police, and Mr. P. ODea was in attendance on behalf of Rangi Maha.

Mr. E. H. Whitham, licensee of the Club Hotel, stated that he attended the sports meeting at Manaia on the Bth inst. On the return journey, accompanying him in the car were Messrs F. W. Mason, D. A. Lusk, and the deceased Thomas Duffy. They left Manaia about 6.10 p.m. He was driving a Ford car. The lights were put on shortly after leaving Manaia. He was driving at a pace of 18 to 20 miles per hour. At times they passed through slight banks of fog or mist. Shortly I after passing the Oeo factory he saw a spring dray and horse approaching. They were 15 to 20 yards distant. There was no light on the dray and he could not see any occupants. The horse-was going at a walking* pace. He immediately slowed up. When a few yards from the dray he could see that it was impossible to pass the dray on his coirect side, and he turned the car sharply to the right arid applied the brakes, which were working well. At the time of the impact the car was almost at a standstill. The front part of the car escaped contact with the horse and dray, but the shaft of the dray came into the car jusl behind the front sent, on the left-hand side. The deceased occupied the back seat on the loft hand side in the car. Immediately after the accident, Lusk, who was sitting next i him (Whitham) jumped out and seized ' the head of the horse, and witness also got out." It was seen that T." Duffy I was seriously hurt, and after removing I him to the side of the road and making i him as comfortable as possible", he with j Mr. Mason and the native (Rangi Maha) ; who was driving the horse and dray, \ went in his car to the Oeo factory to ring up for a doctor. He asked'the native why he had not kept to his correct side, but received no reply. The native w:as a little bit the worse for drink, but not veiry bad. He appeared to quite understand what he was saying and doing, and directed them to the nearest telephone. He (witness) had heen driving cars for nine years. Before leaving Manaia he had" two whiskies and sodas, and was perfectly sober. Cross-examined by Mr. ODea, witness would not say that the accident happened through the native being drun__. He (witness) had not spent much time at the hotel in Manaia, it be.ng nearly 6 p.m. when he left the sports. Recalled later, Whitham stated that the hood of the car was up at the time of the accident. One of the support bars or ribs of the hood was broken in the accident, also a portion of the back searb was torn away. The lights were electric, worked by 'the engine of the car, and would go out as soon as the engine stopped. Or. W. B. Maunsell gave details of attending to the deceased, and a deroript:on of the wound and injuries inircted. The deceased recovered from t'.e shock and for several days made fir rly favourable progress. About the eighth day inflammation- of the lungs set in, which spread to tho heart. Deceased thereafter fanidly sank, and died at 9.30 a.m. on the tenth day. He retained consciousness right through, but never discussed the circumstances of the accident.

To Mr. ODea: He saw the patient shortly after 7 p.m. It .would not have made any difference hacT he seen him half an hour earner. '

F. W. Mason, an occupant of the car, who occupied the back seat next to the , deceased, stated that when a mile on the Opunake side of the Oeo factory he saw an object immediately ahead of the ear. He could not distinguish what it was. He called out and immediately'the car turned to the right-hand side. The effect of the collision brought the hood down over his head. When he got free he found that Thomas Duffy was not in the ear. He jumped out and found him lying on the road about'a yard to the back of the car. He then corroborated the evidence of Mr Whitham in connection with getting a doctor, etc. When he first saw the object on the rOad the ear was travelling at about 20 miles an hour. He cou!d M not remember whether there were ligrifcs on the car. There were no lights on the object he saw on the road. Whitham was perfectly sober. The Maori was the^worse for liquor; judged so by his manner of speech and a stagger in his walk.* In his judgment Whitham had done the right thing in attempting to pass on the wrong side of deceased.

To Mr ODea: The accident happened shortly after 6.30 p.m. There was a mist at times. The car stopped opposite the dray.

D. A. Lusk, the other occupant of the car, and who occupied the front seat next the driver, stated they left Manaia about 6.10 p.m. Lights were put on before reaching Kaupokonui factory. When they first started the pace was about 25 miles an hour. Owing to running into several banks of fog, speed was slackened down to about 20 miles an hour. He then detailed events leading up to the accident which corroborated the evidence of the first witness! The native had had drink, and, although a bit wobbly on his legs, he appeared to have full possession of his senses.

S. J. Richards stated that, upon hearing that there had been an accident witness, in company with Mr. Forsyth,

went to the scene. They saw deceased. Messrs Mason and Lusk were attending, to him. He also saw the native who> was not under the influence of liquor. He appeared very excited. He had seen, the native at the Oeo Hotel during the> afternoon. At 3.45 p.m. the native, waft quite sober. Mrs. Glengarry, of the Oeo Hotels said that Rangi Maha came to the hotel, about 2 p.m., and left about 5.30 p.m He had a few drinks of beer and lemon--ade. He was quite sober, and did not. take any liquor away with him. , To Mr. ODea : My experience is"that. Rangi is a good worker of sober habits^ Rangi Maha stated that he-arrived, at the Oeo Hotel at 2 p.m., and during the afternoon had five or six shandies.. He left the bar at about 5.30 p.m., remained talking to friends outside forsome time, and then started for homein his dray, fie allowed his horse to--. walk all the way because it had a shoeoff. After going some distance the?horse shied. He pulled him up. He^ then noticed a car at his left hanu side. There were no lights on the car. Hewas driving on when he heard a voicesay "Stop," aftU another voice saidi "Get hold of his horse." He then asked. ' what was the matter. By this timo. somebody had hold of his horse, ancl*. he was asked where was the rearest-. telephone. He replied o>eo factory. . After getting out of the dray h>± first-. Tsnew that anyone was hurt. It was not, until they were at the factory that h&\ knew he was blamed for the collisionHe felt no bump or collision 'while oath© dray. He had been sitting dowit in the dray driving in the centre of the~ road. When the horse shied it went to *- the wrong side of the road. He neverj saw any lights or car approaching him. "" To Mr. ODea: He was n-Jft asleep^, and was perfectly sober, and did not see • the car until he had pulled up right opposite to it. Constable Scanlon, of Manaia., gaveevidence of identification of body at - Manaia Private Hospital. To Mr. ODea: Rangi Maha was a. respectable, sober Maori, and a first- - class worker. Constable Clouston stated that, in company with Mr. Whitham, he had' visited the scene of the accident, arriving there about 9 p.m. on the sameevening. He examined the wheel markson the roadway. The dray wheel on the right hand side, facing Manaia, was--about two feet out from the metal,, leaving about three feet between ft and a bank 15 inches high. It was quite "^ impossible to have passed on the correct side of the road. The marks of" the car wheels were about four feet from the dray wheel mark-on the left^ side, but apparently the dray had been diagonally on the road. There weresigns of marks denoting that the carbrakes had been applied about nineyards before the collision occurred. After a retirement of 45 minutes thejury returned the following verdict: "That on April 8 the deceased, Thomas. Duffy, received injuries as the resultof the car he was riding in colliding;:; with a dray driven by Rangi Maha, and • later died as a result of the injuries soreceived, and the jury is of the opinion that the said Rangi Maha contributed to the .accident by driving' his vehiclewithout lights and by failing to keep a - proper look-out," with the following;. ! rider: "That it be a recommendation I to the police and local authorities thati he law relating to the carrying of lights-. j on vehicles after sunset be more strictlyenforced."