MOTORING FATALITY.

New Zealand Herald, Volume LXVIII, Issue 20902, 18 June 1931, Page 13

MOTORING FATALITY.

(Collision at kingsland.

driver before court.

CONCLUSION OF EVIDENCE.

COMMITTED TO SUPREME COURT.

The case against Cyrus-Lamson Smith, aged 57, manager, who was'charged with causing the death of Harry. Levitt/ Parker by negligently driving a motor-car, "was continued in the Police Court' yesterday. Accused -, was further charged - with being found in a state of intoxication while, in charge of a motor-car and with driving without being in possession of a driver's licence. He was represented; by Jlr. Singer and Mr. Eees. Chief-Detective Hammond ..conducted the case . for the police. . . , ?*.:

The inquest into Parker's death; was continued simultaneously, by Mr. ;F..'.K* Hunt,.S.M., as coroner. . . . , , ;

Joseph Cowan, salesman, said- ; be .accompanied accused in a. motor-car- to. a party in Mrs. .Clark's residence in Sylvan Avenue on r June 8. -The party.broke-up between 11.30 p.m. and .midnight. .Witness, the brothers Copper and Mr. and Mrs. Parker left in accused's car., .The car, which'accused drove, had. travelled only 500 or 400 yards when the accident occurred.' The speed was about 18...t0 20 miles an hour. Accused was a capable driver. ; '/.-'.Si Witness' Account of . the Accident." Witness said he took a bottle'of gin,-a bottle of. Italian vermouth and a bottle of French vermouth, also. some cherries to, the party. Not all the' liquor,, was consumed during the evening. , He was the only one who mixed .cocktails- and he. did not put any .whisky, in .them. Accused had only one cocktail,, about 9 p.m., and-, it did not affect him. Wttuess and some of the- others had three each. Accused was. absolutely sober, as were the Coopers and himself,When the six people got into-the-car,

witness said, he remarked 'to 'accused: " What a night" because the windscreen and, windows were frosted . over. - After travelling a little way he heard Sir. Parker-say to accused :■ " Are you going the right way?" With that, Parker opened the door to look out. Mr. Cooper, who was sitting behind , Parker,. slid: " What is Parker doing -with the. door open?" and witness replied that ha-did not know.

At that, time accused was just turning the corner and Mr. Parker seemed to swerve a little out of the' car, mad© 'a grab iat something to hold - da-'to-, arid caught'the wheel. That was tho fiiiish. He was sure that was the cause; of the accident. . • ; 1 ; ! ■: '•

Cross-examined, witness said he' had known accused for five ydarS, and he'was almos.t a teetotaller.. . It was quite, a surprise when he ( e'?en. took-'one-dtink. The whole of. the members ;df the parjty were quite sober up to ;the time'of . the accident. • . j. ■

After the accident accused -was leaning forward over the wheel, quite-unconscious.' Later, when witness went to - the- police station to try to obtain', bail, be'' 6iw accused, who was dazed. His v«is~ - toot, however, suffering in any way from-thft effects of liquor. *"V"c s «'J i Evidence of a Constable/ ; ' • ' Constable Wells,- of -Mountt Eden,'*said he was on duty in the New North Road on the- night of the accident: : On - approaching Porter's Avenue he saw, the wrecked car, near which- a tramcar had just pulled up. He saw. accused ; seated in the driver's seat. He appeared to : be asleep and witness did not disturb hita at the time, as he did not appear to be injured. Later witness went round to-the driver, who was then awake. • He tapped him on the arm and asked him to get Accused refused, but after sorno persuasion' alighted. He smelt, strongly of liquor and was so unsteady on his feet that witness had to catch hold of .his arm and. support him. Sergeant Felton.came iip and asked accused to get .in a taxi which was waiting. Both the sergeant and witness tried to persuade, witness to get in but he refused, and both _ had to use force' to put him in. the taxi. ' In the opinion of witness, the stubbornness of accused resulted from the fact that he was very much intoxicated. Witness considered accused unfit to drive a car.

On the way to the watch-house withes# questioned .accused and asked if he realised what he' had done. ' Accused' repented that- he had done nothing. Witness asked who the ludv was in the car and accused said he did not remember anything about it, • and if there was a lady with him she had no right to b# Ih'sre.' Accused, on arrival at the watchhouse, said any doctor would do to examine him. One of the Coopers ' was " paralytic drunk" and smelt (strongly of whisky, while the other did not appear lo be so bad. Condition of the Accused. Sergeant Felton- described the scene after the accident.. He went on-.to ;say that when the injured had. been placed in the ambulance he went back and spoke to accused, who appeared to be dozing. Witness could smell liquor op him and was satisfied he was intoxicated.. He was absolutely unfit to drive a car, as he was so much under the influence of liquor. Clifford Cooper .seemed even more helpless than accused. There'were-.no signs of the car having skidded. Constable Hancock said he was the watch-house when Smith was brought, in at. 12.50 a.m. by Constable Wells. His condition was such that when he was first, brought in witness thought he had been arrested for ordinary drunkenness. He was not able to walk alone and had to be supported by the constable. When the doctor was there accused' fell down. When asked where lie lived accused gave an address in Sydney. He denied leaving been driving a motor-car. Witness considered that Dr. Tewsley made a thorough examination with regard to the sobriety of accused. Coroner Returns His Verdict. • Norman John Tille, a surveyor, of the Lands and Survey Department,;.produced a plan of the district, and .photographs of the wrecked car and: the vicinity, of the accident were produced by the official police photographer. • • ' . Chief-Detective Hammond produced; the near front tyre and tube frOra the car. Both showed a complete fracture near the beading.' At this stage Mr. Hunt, as coroner, delivered the. verdict, concerning the death of Parker. This was that deceased- died in an ambulance on June 9. from injuries received on June B,'when a car irf which he was a passenger struck a- telegraph pole in the New North Road. ; i The coroner said he had/made, no comment in connection with negligence, as he proposed to commit accused to the Supreme, Court for trial on that, charge. Accused was accordingly committed for trial on the charge of negligent driving causing death. The charge of being intoxicated while in charge of the catwas adjourned, and the police .intimated that- thev- would not. continue with trie third . charge, that of driving without being in .possession of a driver s licence. Accused was released on bail. .