AN INQUEST

Hokitika Guardian, 1 May 1937, Page 6

AN INQUEST

DEATH OF ALBERT SIMMS.

FITZHEREERT STREET, TRAGEDY

The inquest into the death of Albert Ephria-m Simms, which was opened on April 10th and adjourned after the taking of the evidence of George Searle, was re-opened a»nl concluded yesterday at the Courthouse, before Mr A. E. Benjamin, Coroner. Sergt. Gilligan appeared for the Police anid Mr James for the driver of the car, Alfred James 'Andrews. Evidence was taken as follows

Robert Henry Adamson, a labourer, residing at Harihari, stated on April 9 he was' a. passenger in a- car driven by George Searle travelling from Harihari to Groymouth. When passing along Fitzherbert Street, Hokitika, about 7.30 p.m. the car ran into a cow. There were two good headlights burning on the car. There was poor visibility with fairly heavy rain when the car struck the cow. They stopped and pulled off the road on the wrong side. Got out of the car and followed the cow which went into a paddock about two chains away. Witness then went to the car and Searle and Simms got out also. They followed the cow into the paddock. They returned after a few minutes and went for a constable. They returned with a constable. Searle, Simms, the constable and someone else went into the paddock. Witness was sitting in the front seat of the car failing north. Some seven minutes, and the constable came uni; df- the paddock on to the road. along the road to the minutes later saw the Albert Simms in Fitzherbert Street. He was coming towards the car and seemed to be in the middle of the road, and about a chain from Searle’s car. Then saw a car travelling south along Fitzherbert Street. It had good lights on it. That was how witness could see Simms and Searle. The car was travelling at a speed of not less than 3o miles an hour. There was no difficulty in seeing Simms walking on the road, by. the light of the car that was approaching. It was difficult to estimate the distance the car was away as it was coming towards him. As the car come - closer he lost sight of deceased 'who was then about 18ft from the car. Next heard a crash a.nd knew the cqr had struck deceased. Got out of Searle’s car. The oncoming car had then passed. The deceased was about seven yards from Searle’s car when he was struck. Saw an object lying in the centre of ■ the road about 3. to 4yds north of Searle’s car. It was a shoe belonging to Albert Simms, a light tan one that , Simms had been wearing prior to the accident. The shoe was lying about two yards from where witness . beard the crash, to the south. Next ceased Simms lying on the grass to tho south of Searle’s car on the eastern side of tho road. He appeared to be in a. serious condition. The car that struck Simms seemed to have stopped about ,'i ' tq/4 chain s from the point where the -crash took place. Just before the car struck Simms- the car seemed to be keeping a fairly straight course in the centre of the road. When witness lost sight of Simms before he was struck he was on the eastern side of the car From the point where the car struck, the deceased and. as it passed Searle’s car ho judged the speed the car was travelling at. Ho had travelled a good bit iii cars. He did not know the driver of the tar that struck Simms.

To Mr James: Visibility was very poor. He was sitting in the front of Searle’s car immediately prior to Searle’s car hitting the. cow. Searle’s car was then travelling about 20 miles an .hour. He was just a little to the western side from the middle of the road. The cow was only a yard away from the front of the car when he first, saw, it. The deceased was dressed in a ;brown suit, with a brown overcoat, -light tau. shoes and no hat. The colour of the overcoat would be difficult to pick up. Just before the crash, deceased was* between witness and the oncoming car>-.and its lights made him stand outl prominently to witness. Have never driven,a car. He might make a mistake but. it was his opinion tljat the speed of the oncoming car was as stated. To Sergt. Gilligan:—The cow had hardly moved when Searle’s car hit it. The speed the car was travelling at was his own estimate.

John Joseph Coyle, a carrier of Fitzherbert Street, stated that on April 9, about 7.30 p.xn. a constable and Searle called at hi s home and stated a car had hit a cow } and wanted to know if it was his cow. Went with them and his brother to the paddock when they keep their cows. There was one cow in the . paddock, a Jersey. It was too dark to get near the cow which went into a swamp. The party then came back to the gate. Constable Cammell and Searle left witness, his brother and Simms at the gate. We stayed to fix the fence. Simms stood by while the fence was put up. Tlie three men went on to the road.. Witness and his brother went on to the footpath on the west side, leaving Simms on the road. Simms was left on the edge of the bitumen on the east side of the street. Did not see a ear coming in any direction-.. When on the footpath turned south and walked towards his home. One car passed as he was walking there, travelling south. Then heard a bump, practically opposite Searle's ear. The bump came from the car passing at the time, which he now knew to have been Andrews’. Do not know what caused the hump. When he heard the bump saw a black object come and fall in the centre of the road. It turned out to be a shoe. Then went aeros s to where Constable Cammell was and together went down the road to where a man was found lying injured on

the side of the road. Hid not. know who he was. He. was lying about 30 yards to the south from where witness heard the crash. Only one car passed from tho time ho left the paddock until ho saw the injured man on the road. The car had lights on as it passed and they appeared to be good lights. He did not notice the car until it passed,as it was at his hack. Saw tho lights.of it coming. Have no idea of the speed of ears. It was going a little faster than 10 miles an hour. The car after passing stopped in the middle of the road about 50 to GO yards from where he heard the crash. It was James Andrews’ car. Andrews came back to where the injured man was lying and asked if he could shift bis car. Did not hear all that took place.

To Mr James :—Fitzherbert Street has a dark bitumen surface, Searle’s car was pulled up on the wrong side of the road. When the accident happened there were no lights on Sea He’s car. To Sergt. Gilligan:—When tbev went

to the paddock the lights were on the car, and when they returned to the bitumen road there were no lights on Searle’s car. When he got on the bitumen there were no lights shining from any car on tho road.

Eric George Broadbent, a painter, residing in Hampden, Street, said on the evening ■of April* Dth he accompanied Alfred James Andrews in the latter’s car to Westland Hospital about 7.50 p.m. Know Andrews to he a non-drinker. At the Hospital, picked up three nurses who sat in the back seat of the car, witness sitting with the driver. They came down on to litzherbert street by the road leading down from Dr Childs’ residence. Travelled towards Hokitika. It was raining pretty heavy. There was not much traffic, Andrews was on his correct side of the road, travelling at a speed of between 25 and 30 miles'an hour. . The car had good lights. No matter how good the lights are one cannot see objects on that bitumen on a wet night. He had had considerable experience as a driver of service and taxi cars over 7or 8 years. In his experience one could not see ou a wet night on that class of road, objectsuntil one is right on top of them, when running into the lights of Hokitika. With that class of night on that road visibility of objects would be l Curtailed to about 15 feet. One would not be able to see a man until within l 10 to 15 feet. His experience had taught him that driving on such a road as than on the occasion of the accident, he would have his lights dipped. He would dip the lights so as to show* up the road clearer than would be the case with full head lights. The headlights on would show further than the dipppd lights. With the headlights on would pick up objects at (50 feet, lnit with dipped lights about 15 feet. As far as lie . remembered Andrews’ lights were dipped. They drove along with visibility very poor. When the car had reached a point about half wav between Tudor and Park streets he saw a man right in front of the car, more to the left hand side than the actual centre. . All the windows being up had caused, a mist to form on the inside of the wind screen. The wind screen wiper on the outside would have no effect on the mist on the inside of the windscreen. When he first saw the man. in front of the car he was only a few feet away. .His vision was obscured' by the mist on the windscreen. Saw the car strike the man, who fell ou the left side mudguard and was carried along for some distance in that position. After he had been carried along he lost sight of the man. The man did not seem to bo long on the car before he fell off. As soon 1 as ho struck the man the driver applied the. footbrake and hand brake. The car stopped about I.sft from where it struck tile man. From when the car • struck the man until it became stationary it continued in a straight course for ' the 15ft. He did not remember seeing a. car standing on the wrong side of the road on the way down from the hospital. When be got out of the car after tlie, accident and came back he saw the car. Before the car struck the man the brakes, were applied. There are no street lights about there, and no approaching traffic at the time of the crash and no lights from any standing car on the roadside. The brakes of Andrews’ car were efficient and worked well when applied. Witness hopped out before the car had stopped and found the injured man about 15ft from where the ear stopped. The distance from where tlie man was struck to where lie was found on the ground was about 30ft. Tlie ear stopped about 15ft further oil. The injured man was lying on the grass the head facing south. To Mr James—lt seemed to witness that Simms had stepped out from the side of the. road into the path-of .the car. . He considered Andrews was. a good • careful driver, and that he was driving carefully when the accident took place. After the accident the car stopped in the centre of the road. Andrews jumped out before it stopped, and it finished slightly across the road. Andrews later drove the car to the side of the road after asking the Constable if he could do so

To Sergeant Gilligan—He considered the speed that Andrews was driving at, with, the conditions prevailing was the act of a careful driver.

Mary Loretta McNeight. a nurse at Westland Hospital stated on April 9

she was a passenger in a car driven by Alfred James Andrews from Westland Hospital. The night was dark and wet. She oould not see out of the front of the car . Nurses Woodhill. Avery and herself were .in the back seat and Broadbent with the driver. Have not driven a car. Estimate were travelling at 25 miles an hour, There were

good headlights. The nurses were conversing together. Felt a bum]) iu front

of the car. Did not see anything. Andrews drew up the car and with Broadbent got out and went back. Andrews returned and told them he had hit! a man. The three nurses got out and went to the injured man who way ly'ng on the grass on the roadside on the east side. Nurse A very attended to the nlan till the ambulance arrived and the injured man was removed. Could see the man was badly injured. No car passed witness while on the way down Fitzherbert Street. Andrews was quite sober. The bump was a severe one. Before it the car seemed to be running smoothly along. 'When the car stopped she walked back about 20t’t to the injured man. They were in the car for the purpose of doing some shopping and there was no need for any hurry.

A 1 freel James Andrews, a butcher, employed by his father, F. J. Andrews, and residing in Hampden street stated lie owns a motor car, a Hillman

Mins, 10 h.p. It is a new car, obtained in January last. Is a licensed driven license No. 601. Have been driving and have had a license for about five years. On "April 9 drove bis car from the Westland Hospital. Had as passengers three nurses, in the back seat and Eric Broadbent in the front. Left the hospital about 8 p.m. Came down the Mental Hill and along Fitzherbert Street. The night was wet, visibility was very poor. His position was on the left of the road with the right hand wheel about the crown of the I road. He was travelling at between 125 and 30 miles an hour. There were two car lights on, two headlights. There I was no back light in the car. The lights were fn good order. Have not had the lights tested since the accident, but 1 have applied for same. The lights were | dipped. They would show between 50 jand 50 feet. They came together in | the road about 50 or 60 feet away. I There is one-brake controlled by either foot or haifd. It was efficient. As fains be knew it was as efficient as when H e . got the car new. When mid-way between Tudor, and Park Streets it appeared as if a man stepped right out from the’ left hand side of the road, J about two feet away. He did not know i how the man was facing. The car hit the nlan, the mudguard on the left hand side near the front striking him. The parking light on the left mudguard was dented in. The front of the radiator cover had a dent in it, J and the front bomber bar at the bottom I was damaged iii thq centre. There was ■ another dent in the back of the car on * the right hand side. The class in the headlight on the left hand side was smashed. There was a dent or buckle on tTie left band mudguard over the bend. Had damaged the radiator on an earlier occasion. About two years ago had a collision with another car at an intersection in Hokitika. The damage to the radiator was done about two months ago*' Quito a lot of damage was done as the result of th<» collision with the man on April 9. When he struck the man he applied the brake and pulled up, stopping the car about 70 feet from where the man was struck. Saw th e man struck, but did not see him carried on the front of the ear. The , injured man wqs found 48 feet , from where he was •'struck. He was lying on the east side and appeared seriously injured. His sight was good. Can see ail rigfil. Have been wearing glasses for 18 years, having had weak sight. Had the wind screen wiper gomg this night. It was effective in keeping the outside clear. The inside was cicalas he had used a baud wiper. His visibility out of the car through the wind screen was nearly perfect. He did not consider a speed of 25 to 30 miles that night was excessive, as he could pull up within the distance of his visibility. He considered that oil the night in question by having his lights clipped he could see better than if the headlights were on full. That knowledge was arrived at from driving experience. His visibility that night was 50 to 60 feet. From when he jumped out of the car after the accident to where the car finally stopped was 15 to 20 feet. Searlc’s car was about 35 feet to the north of where the injured man lay after the accident.

•I'o'Mr James: He- finished work about 6 p.m. iJe was not engaged on work for his father when he went up to the hospital. He owned the car. The speed triven was his own judgment of it. The ear is a 1936 model- The dipping of the headlights is a standard equipment. It is good practice to drive in towns with the headlights dipped. On the r : ght in question he would got better service from dipped lights. There was nothing to interfere with his visibility. He was keeping a good look-out ahead. He was taken by surprise to »ee the figure of a man. He had no indication of the presence of a man until the moment of contact. He appeared to step from the side into the path of the car.. 'To tfie Coroner: He did not take alcoholic liquor. On the day in question he did not touch any alcoholic liquor. When the man was struck his left hand wheels would be 3 to 4 feet on the bitumen from th e left side. ■Bexford Walter Cammed, a police constable, stationed at Hokitika, stated I about p.m. on April 9, two men, | Searle and Simms came to tlfe police station. The former stated he had collided with a cow in Fitzherbert Street, and asked witness to help in finding the identity of the cow. He accompanied the two men to the scene. Mot the two Boyles and with Searle and Simms v-ojit to th n paddock where the cow gone. A cow was pointed out by Searle, ifht they were unable to get close to it. The party then returned to the fence in Fitzhorßert Street. Searle and witness carried on to the former’s car, and le f t Simms and the Coyles at flie fence. Searle and witness proceeded to examine the cur in reference to damage,'.and at the time witness had 4

ms back to traffic coming from tlic "north. Ttcre using two torches. Had ibeen there 1 or 2 minutes when he heard a loud report to the rear of where he was standing.

He looked up ana just caught a J glimpse of a car as it passed out of sight behind Searle’s car, travelling south, at a' fairly fast speed. He'could see some lights on the car, but could not definitely say what they were. Ho went round Searle’s car on to the road- I way, when someone called out that a man had been hit. That was his first intimation of an accident. The sound he heard made him think a tyre had blown out. When on the roadway he saw a tan shoe in the centre of too road, nearly, opposite Searle’s car. Someone picked up the shoe. He then went south of Searle’s car to look for the man who had been hit. Saw a man on the east side near the edge. His head was on the grass, the body across the gravel lormation of the road, and feet on the edge of the tar sealing. He was lying face up with head to the south-east. The car stopped some distance away. The injured man was Albert Ephriam Simms. Saw he was severely injured. Felt his pulse and found it fairly strong, lie had been injured on the left eye and on the left hand side of the head. By that time Alfred James Andrews and others, had come along. Andrews asked if he could shift his car. Looked down Fit/.herbert Street and saw his car on the crown of the road, if anything on the wrong side. Noticed a telegraph post on the western side near the ear. Then told him he could shift his car as it was in the way of traffic. The doctor and ambulance came shortly after ; and the injured man was taken to the hospital. He was not moved in any way after witness found him, until he was taken away in the ambulance. There was a small clot of blood on the side of the road where his head had been. Searle’s car *was on the east side of Fitzherbert Street, facing in the wrong direction to the north. His wheels on the western side, were on the gravel, about two feet from the bitumen. He made measurements. From the northern point of Searle’s car to where Simms’ head, was 47ft. 9in. From Simms’ body to the back of Andrews’ car was 58ft. 6in. From the front of Searle’s ear to the back of Andrew's car was lOGft. The bitumen was 18ft. Gin. across. There is lio footpath in Fitzherbert Street above Park Street. From the roadway to the boundaries of the properties on the east side there is no place for pedestrians, except footways to the respective residences or paddock. The fence line on the 'east side is 50ft. to the gravel of the roadway. From the southern side of the pathway leading to Coyle’s paddock, to Searle’s car was 64ft. That portion of the roadway is straight for some distance. The collision took place liehind witness, some three or four yards away and towards the centre of the road. On the morning of April 11, examined Andrews’ car. Witness gave details of damage done and Andrews’ explanation of the cause thereof. The night at the time of the accident was very wet. Tt was raining fairly heavily. It was very dark, and visibility conditions generally were very bad. When examining Searle’s car at the time of the accident, he did not see or hear any car coming. The first intimation he had was the report mentioned. To Mr James —The cow pointed out was a jersey, a light colour. Witness left Simms talking to Coyle brothers. He did not see Simms again till he saw his body lying on the road. It was a bad night and it would be difficult to find the way from the fence to the road without a light. Simms wore dark brown trousers. He would be hard to pick up on the road as he was dressed that night. To Sergeant Gilligan—Andrews’ ear was the only one to pass after the noise of the impact until he found Simms. The telegraph post referred tu was near where Andrews’ car. was standing, when Andrews asked permission to move his ear, and witness took this post as the location for measurements taken later on.

Basil Lauu Wilson, medical practitioner and medical superintendent of Westland Hospital, stated about 8 p.m. on April 9, he saw a man who had been injured in Fitzlierbert Street. The man was lying on the east side between Park and Tudor Streets. Ho found he had injuries to his head and he was removed to Westland Hospital by ambulance, and on admission was fully examined. He was deeply unconscious; with a depressed fracture on the left side of the head. There were three deep lacerations about the side and back of the scalp, and there was a deep lacerated wound on the left eyebrow, containing dirt, probably from the road. There was a contused wound on the left forehead, which also contained dirt. He also had one or two abrasions about tho front of the knees, but no other obvious injuries. Witness operated on him very soon after admission, and raised the depressed bone. There were signs of deep internal haemorrhage of the brain with considerable damage to j the brain. His condition improved) slightly for a while, but he remained unconscious and later became worse and died at 12.20 a.m. on April 10. The name of tne man was Albert Ephrinm Simms. Witness did not see any wounds or bruises on the back of the legs. The injuries could be caused by being struck by a car 'with considerable force; The wound on the forehead would be consistent with having been thrown from some object, with some force on to the roadway. The cause of death was' from a lacerated skull, laceration and internal haemorr- ■ hage of the brain, caused as a result of having received these injuries in <trt : accident on tho road in Fitzhorbert • Street. There was no smell of liquor ; on deceased who was a strong robust, man

To Mr James—The injuries could have been received from a car. traveling at muen less a speed than of 35 miles an hour. Tlie skull was specially thin over the area of the injury, and the force of the injury caught him on the prominent portion of the head. This concluded the evidence.

THE FINDING

Tiie following verdict was returned :

That Albert Ephriam Simms died at Westland Hospital, Hokitika, on April 10, 1937, from a fractured skull and laceration and internal haemorrhage ol the brain, as the result of being struck i>y a motor-car driven by Alfred James Andrews the previous evening in Fitzherbert Street, Hokitika., under circumstances that call for further investigation. The Coroner also stated that he was of the opinion that- the speed at which the striking car was travelling was excessive, when the visibility conditions of the night in question, were taken into full consideration.