MOTORING FATALITY.

New Zealand Herald, Volume LXVIII, Issue 20901, 17 June 1931, Page 11

MOTORING FATALITY.

COLLISION WITH A POLE. CHARGES AGAINST DRIVER. DEATH OF HARRY PARKER. EVIDENCE REGARDING LIQUOR. A charge of causing the death of Harry U vi't Parker by' negligently driving . a motor-car was brought in tho Police Court yesterday against Cyrus Lamson Smith, aged 57, a manager. Accused was tho driver of tho motor-car which was involved in a fatal collision with n telegraph polo in New North Road, Kingsland, shortly beforo midnight on June 8.

Smith was further charged with being found in a state of intoxication while in charge of the car and with driving without being in possession of a driver's licence. He' was represented by Mr. Singer and Mr. Pees. Chief Detective Hammond conducted tho case for tho police. The inquest into Parker's death was simultaneously by Mr. F. K. Hunt, S.M., as coroner. Mis. Adelaide Clark, a widow, residing- in Sylvan Avenue, stated that on the evening of the accident accused, deceased and Mrs. Parker, two men named Cooper and another named Cowan were at her home. All the' guests remained until about 11.30 p.m., when they left together in accused's car to go home. The evening had been -spent in talking and dancing. All the guests appeared to be quite gober. Witness had no liquor in the house, but Cowan had brought some cocktail. Witness could not say what liquor was consumed during the evening. When accused left the house he was quite eober. Some Liquor Consumed. A boarder at Mrs. Clark's home, Kathleen Margaret Dowling, said she was present on the evening of the party. As far as witness could judge the two Coopers, deceased and Mr. Cowan were perfectly sober. The evening was spent in a normal social way. Some liquor was consumed during the evening. " I did not see' accused have anything to drink," continued witness. / In reply to counsel witness said she had known accused since September and had been in his company on numerous occasions He was practically a teetotaller. A passenger in the car, Clifford Cooper, famer, of Otofohanga, said he had come to Auckland on June 4 with his brother, who had known Mrs. Clark for some years. They visited her home in the evening. They had a half-sized bottle of whisky, which was not full. He did not see it during the evening and did not know what became of it. He saw only cocktail to drink. Some of the guests had two drinks and others one. Scene Alter the Collision.

"I saw accused have only one drink. At supper we had tea," continued witness. "My brother and I left before the others, but Cowan called us back and asked us if we wanted a ride to the Ferry Building. We were going to catch the midnight boat. I could not say for certain if Smith knew we wanted to car.cb that boat.

" My brother, Cowan and I were in th-3 rear seat, accused was driving, and deceased and Mrs. Parker were in front with him. We had gone only 400 yds. or 500 yds. when the accident occurred. The car seemed to have been driven at a normal speed." " My brother and I were the only ones who knew we had the whisky," added •witness under cross-examination. "When W3 left the house everyone was sober." G. Orr, .a grocer, in business on the K-sw North Road, described the scene after' the accident. He said he heard the sound of breaking glass and ran out. He then saw the car against the pole. He found one occupant with his legs ht'inging out of the car and his bead crusned against the post. The left front door had been completely tern off the car and was lying on the ground. The men in the back of the car were huddled on the seat. Accused and Mrs. Parker were pinned in the front seat. • Witness said he tried to lift deceased into the car, as he could not lift him out. Evidence of Medical Men. " I went round the car an<l spoke to the driver," continued witness. "He was leaning right into the wheel and I pulled him back. I spoke to him and he did not answer. I summoned the ambulance and police. I could not say anything regarding the sobriety of the occupants.' Dr. H. J. Gordon, of the Auckland Hospital, said he had examined deceased on his arrival at the hospital at 12.30 nm. on June 9. He was dead on arrival. The cause of death was a fractured skull and injuries to the brain. Later witness examined the brothers Cooppr on admission, both suffering from head injuries. Both smelt strongly of alcohol. " I was called at 1 a.m. to the police Nation, wheie I examined accused," said Dr. C." H. Tewsley. " His breath smelt strongly of alcohol, he was unable to walk straight, he was hardly able to stand. When I was talking to iiiin his knees gave wa/ and he sank to the floor. He appeared to go to sleep. On his being dragged to his feet again, I asked him tome questions. To the majority of. the questions he answered, ' I do not know,' " When asked how much alcohol he had taken lie said, '.Two beers and no more.' When I asked him a little later h° sard, ' Are you trying to put the acid (est on me " Question of Accused's Condition. A passenger on a tramcar which was in <he vicinity at the time of the accident, Frederick George Tucker, said he reached the wrecked car before the police or the ambulance arrived. He went to the driver's seat. The steering wheel was . about four inches from the driver's body, The woman, was very hysterical, and uas call ing out, " Daddy." " When I went to the front seat th° driver was sitting as if he were asleep." continued witness. " I spoke to him and he made no reply. He showed no signs of being hurt. After the ambulance had gone, 10 or 15 minutes after the accident, the driver was still sitting in the car. .A constable endeavoured to get accused out. of il, tapping him on the arm. Accused said, 'What is wrong?' The constable io]r] him to cet out of the car and ?c----cused said, ' Who are you V

Accused then got out of the car. He vas told liy a sergeant to get in a taxi-f-ili alongside. He did not want to get. in' but "as put in by the sergeant and the constable. I should say the man had taken a fair quantity of drink. I smelt alcohol on him and would not say he was in a fit condition to drive the car, but he was not. as bad as some of <h» others in the car."

The healing of the case was adjourned until 2.15 pm. to-day. Accused was released on bail.