CYCLIST’S DEATH

Manawatu Standard, Volume L, Issue 120, 17 April 1930, Page 2

CYCLIST’S DEATH

MOTOR COLLISION NEAR SANDON ENQUIRY ADJOURNED. An inquest into the death of Emil Brandeis, motor garage proprietor, or Wellington, who succumbed m t.n® Palmerston North Hospital injuries sustained in a motor colnsio near Sandon, .on April 6 > Ol r* menced before the Coroner, -.Mr A. • Graham, . yesterday. Deceased was riding a motor cycle, which came in collision with a service car driven Dy W. J. Nicholson, of Wanganui. The inquest was adjourned as one witness was unable to attend. Sergeant Hill conducted proceedings for the police. Mr L. Cohen (Wanganui) appeared for Nicholson and Mr Cooper for deceased’s relatives. Dr. Ward stated that deceased was admitted to the Hospital at 9 p.m- on April 6. He was suffering from shock, but was quite conscious. H-O had a bad compound fracture of the right thigh. He responded somewhat •to treatment, but oollapsed about midnight and died next morning. Death was due to shock associated with internal haemorrhage. To the Coroner: That condition was due to the collision. v Constable Blaxland, of Rongotea, stated that the accident occurred cn the Foxton-Sanson Road about a quarter of a mile from the # M.akowhai cheese factory on tho Foxton side. From two given points one would have a clear view of one mile, and where the accident occurred he would estimate the clear view to the north as threequarters of a mile, to the south a quarter of a mile. From '•he point of tho accident to the north the road was practically level) and to the south thero was a slight grade vp Burns’s hill. There were pine trees about 30 feet high on the east side. Those being fairly thick, held the dust. Tho power poles were about five feet from the gravel on the east side. The metal portion of the ro id was about 20. feet wide. The road was hard and all over the face was loose gravel which varied according to the grading. Motor traffic tended to form the gravel into little ridges, where wheel tracks had formed. To Mr Cohen: Ho had reached the scene of the accident about 8 p.m. cn April 7. To Sergeant Hill: There were no tracks formed by the vehicles in collision. Continuing, witness stated there was a small electric light on the sidecar wheel of the motor-cycle outfit. The headlight appeared to be a powerful one. The right handle-bar was •broken and bent bick along the side of the machine. The four exhausts were broken off and a piece of white metal on top of the engine had a large recess in it. The right’foot-rest jyas crumpled. Jn fact, the whole right side of tho cycle was damaged. All the damage was on that side. The width of the cycle and side-car was five feet. There,was a patch of blood 3ft 6in from the road on the left hand side for the direction in which deceased was travelling. Four feet further south there was another patch of blood, Ift 6in from the grass. The motor-cycle could not conveniently have been shifted before he saw it.

Photographs of the scene' of the accident • were- produced -and- though witness'said he did riot know who took them, they showed, the positions correctly.. William Joseph Nicholson, _ service car. driver, a resident of: Wanganui, stated that he had been in charge of tho' -Wellington to Wanganui service oar. He arrived at the scene of the collision between 7.50 p.m. and 8 p.m. To the - Coroner.; He left Foxton at 7.20 .p.m. Continuing witness said that it was dark, and his lights were switched on. Tiro first ho saw of deceased's vehicle was when he came over the hill. Deceased was about a mile away and there were no vehicles between them. The Coroner: When you saw deceased what part of the road were you on?—I was on the left hand side of the road all the time. : The lights, continued witness, were not bright. He was travelling about 30 miles an hour. When about 100 yards from deceased he slowed down considerably as was his habit on meeting traffic. Deceased seemed far enough over on the road for the vehicles to pasf with ease. To Sergeant Hill: He could not say how far apart the vehicles were, .nor how fast the motor-cycle was travelling. *’ Witness added that just as they .were about to pass deceased’s light flashed in his eyes, as if the motorcycle was turning to witness. Almost immediately there was a crash. Sergeant Hill: How far was deceased from you when you notioed the turning movement of his light.—A lew yards. Witness continued to say that his lights went out immediately after the crash. He applied the brakes. Sergeant Hill: Did you notice that there was a side-car on the cycle?—No. Was there any reason why you should 'not have seen a light on the side-car. —No. Witness went on to say that he got out to find the motor-cycle still on the road facing towards the fence cn tho motor-cyclist’s left., It was about two feet from the left 4tand side, facing south, of the road. The three occupants were lying on the road a few feet on the nortli side of the cycle. He ascertained that one was badly injured. This was deceased. The motorcycle was about 100 feet to the south from the scene of tho collision, arid deceased was four or five yards north of tho cycle. Sergeant Hill: Were there any witnesses of the collision? —Only my one passenger and those in the motor-cycle. Witness stated that ho had reported tho matter to the police at Wanganui. He was told that he could make a statement the next day. He had been only asked for a few facts. * To Sergeant Hill: He had been, told by the constable on duty that he could make the statement the next day before his solicitor. He was told that he could please himself. To the Coroner: He was told that it was not necessary to make the state-' ment then. It might have been termed an invitation to make a statement, but he had not taken it in that, light. The Coroner: Apparently it was an invitation.

Mr Cohen: That is for the Court to decide.

Sergeant Hill: The constable’s report is that Nicholson refused to make a statement until he lrad seen his employer. ... Witness: It is incorrect that I refused to make a statement. It was'a matter of pleasing myself. • The Coroner: There is reluctance to make a statement. Mr Cohen: There is no suggestion of that. Ten thirty p.m. was quite a wrong time to make a statement. Sergeant Hill: No statement was made to the police.. Mr Cohen: Pardon me. I was there when a written statement was handed in to the senior-sergeant ‘at Wanganui on April 8. Witness (to the coroner): The polico did not take *it down. Mr Cohen had taken it down. The polico read it through and asked no further questions.

Tl,« Coro,,«r, to make a statement tc> the pon<* - Mr Cohen: I suggest that tfiere was no reluctance. , . L.k en Mr Cohen added that, .in.his shaken state, it would not have been ng t for witness to have made a statement stated that ho could not have gone further off the.-metal _ - the scene of the collision. He could have gone on to the grass.. To Mr Cohen: His left wheel was on the grass. . To Sergeant 'Hill: It w - as his P ra " tico to drive on the extreme left or the road. • < Sergeant Hill: There was no special reason ?—Well, I was passing a cycle making, it all the more reasonable to travel on the left hand side.. Witness stated that lus car wm struck on the, front mudguard near tire door. , _ To Sergeant Hill: Tlio marks were more obvious on the back of the car. Continuing, witness stated that tho battery in the centre of tho car bad been damaged. The back mudguard had been crushed and a hole torn in the tyre. There was a bole in the luggage box at tho rear which nan narrower than the mudguard. Sergeant Hill: Was it a glancing blow? There is no evidence to show th Sergeant Hill: Could the motor-cycle have come to its final position if your oar had been angle-wise to the road .t Witness: I don’t think so. The cycle would have finished on the grass The tendency would be f<£ the cycle to go off at a tangent. That is the cycle would tend to go to its lety away fr< Witness C stated that when making measurements next morning he ha fixed the spot ,by marks and a piece of the battery box. To Sergeant Hill: The wheel marks were noticeable because of the blow out. The pieces of the battery box were right in the ■ place where the wheel marks were. . • Sergeant Hill: Could you dispute that the’ tyre -would not col.apse before some distance had been travelled. Witness: The hole in the tyre was a very large one and the rim and another part wore both badly buckled. Sergeant Hill: Could you dispute the fact that the conditions could have been brought about by the.car being slightly side on to-the cycle.- _ Witness: If I had been slight y broadside on, the same conditions could not have been brought about. ■ . Witness (to the Coroner): The only explanation of the accident that he could give was that deceased had been swung over by the loose metal. - Mr Cooper: What time did you leave Wellington ?—Exactly four o’clock. Mr Cooper: Had you been driving before on that day?—No. / Mr Cooper: -Your- schedule time to leave Foxton was 7; p.m. -Yes* I. stopped at Levin for tea.y-' Mr Cooper: 'What is.(the -, distance from Foxton to Bulls ?~—lt. is''a'p|iroximately 21 miles to Sanson miles from Sangon to Bulls.' . From Sanson to the scene of the collision is about five arid a-half miles-' - . . . • . Witness said he had one passenger in. the front seat. The only luggage, was the latter’s little bag .and witness s little bag. The luggagri . box was about 10 inches outside, of tho car. -• ■ ■ .l-•. 'i Mr Cooper: After the collision hdw far did you travel ? —About 80 feet. Mr Cooper; How far was it from the side of the road ?—Tho right wheel was eight feet from the edge of the road. ■ Witness stated that ’they (he and Mr Devon) li'ad pushed thb : motor-cycle off the roadjon .to the grass. It wasin the place next morriihg just before noon. . I Mr Cooper; Your car with a'light load would skid much more easily tbaii with a heavy load ? —Yes, but its a heavy oar and skids very little, whether loaded or not. Mr Cooper: Did you skid before tne collision? —No. . Mr Cooper: Before the collision'deoeased was on his correct side of the road?—As far as I could judge. ■ Mr Cooper: Did you take the photographs?—Yes. Mr Cooper: Is the car in tho same position in the photograph as you left it?—Yes. Mr Cohen: After the accident you found two passengers in the side car? —Yes. The man was sititng at the back of the girl. _ . • Mr Cohen: Could you see if deceased had a side-car? —No. 1 Mr Cohen: ' Could not' you see a light on the side-car? —No. I saw the bright headlight. : Taking the photographs witness pointed out the wheel marks mado l-y nis car after the collision. Mr Cohen: Did you endeavour to get hold of the Rongotea constable next morning?—Yes. Mrs Foster rang him but bo was out. Mr Cohen: Could you clearly trace the mark of the rear wheel from the car to the point of impact?—Yes. Mr Cohen.: Could you find marks of the motor-cycle in the metai?—No, they had been obliterated bv traffic. Witness stated that he and Mr Hanson, of Rongotea had made the measurements he had giyen in evidence. Mr Cohen: Did you accelerate on leaving Foxton P—lt took me from 7.20 to 7.50 or 8 p.m. to reach the point of the collision. I had no reason to, and did not, accelerate on leaving Foxton. Evidence given by James Devon, of Wanganui, was to the effect that just as the service car was passing the cycle the collision occurred. He confirmed Nicholson’s statements as to the damage to the car and as to the position of the vehicles. Nicholson was a careful driver who took no risks, said witness. Ho had travelled with 'him before.

Peter Hanson, farmer, of Carnarvon, Stated that he had gone with Nicholson to the scene of the accident next day. He had fixed the point of the accident by a.piece of battery box. The mark of the collapsed tyre started in the same place. The mark was not traceable beyond that point. There was nothing to indicate the, position of tlto car- prior to the accident. There was nothing to indicate that Nicholson s car was on the wrong side of the road. To Mr Cohen: The mark of the collapsed tyre was very plain. Sergeant Hill stated that George fired. Woods, of Foxon, who had been in deceased’s side-car, was not able to be present as he was confined to bed Sergeant Hill read a ~ portion of Woods s statement-. As far as I can sec the motor-cycle .was on the right side of the road.” The inquest was adjourned sine die to enable Woods to attend.