LYALL BAY FATALITY

New Zealand Times, Volume XLVI, Issue 10522, 25 February 1920, Page 6

LYALL BAY FATALITY

MOTOR CAPSIZES EVIDENCE OF THE DRIVER AT CORONER'S INQUEST. The circumstances of the death at the public hospital’early on Tuesday morning of the man Edward McLeod, who succumbed to injuries received in a motor accident on the Queen’s Drive, Lyall Bay, on Friday evening last, were investigated by Mr H. Page, S.M., at the Magistrate’s Court yesterday. Senior-Sergeant Willis conducted the inquiry on behalf of the police; Mr J. u ~uca, city solicitor, watched the proceedings on behalf of the City Corporation; and Mr W. Perry appeared fob the driver of the car, a man named David Kilminster. DECEASED UNCONSCIOUS.

The senior house surgeon of the Wellington Hospital, Dr Wallace Strain, said th;it the deceased was admitted to tho 'institution at midnight on Friday in a semi-conscious condition. Blood was issuing from the right ear. After an operation ho improved considerably, but he died on Monday morning. The cause of death Was meningitis following upon a fracture of the skull. Deceased smelt of whisky, but witness could not say whether ho was under the influence of liquor. A brother-in-law of the deceased, named David Patrick, said that McLeod was single, and thirty-five years of age. Ho was a wharf labourer by occupation, and resided at S 7, Queen’s Drive. Witness arrived on the scene of file accident at about 11.30 p.m., but he did not notice any signs of liquor about him. He appeared to be quite sober. DRIVER OF OAR GIVES EVIDENCE.

David Kilminstcr, the driver of the car, -which belonged to the Oily Council, said that on the evening of the accident he was on his way- to JLyall Bay, when lie overtook the deceased in John street. MoLeod got into the car, and on arrival at Queen’s Diive they called at a Mrs Taylor’s house, where they had tea. At about 10.45 p.m., together with another lady, they proceeded back to town to see tiro Manuka off.

It was explained by Mr Perry that a sister of the deceased, who had just been married, was leaving for Sydney by the vessel. Continuing his evidence, Kiiminster state,d that there were also on the car a couple of men who had asked for a lift. As they were coming down Queen’s Drive the rear right-hand tyre blew out, and the car swerved to the left and ran into a ditch. He regained control of it, but it again swerved, ran on to a bank and overturned. The brakes did not act as they should have done. The speed at which the car was travelling was about 35 or 27 miles per. hour, and should have stopped within 20 feet As far as ho knew the brakes were in good order, and he could not understand how it was they did not serve to steady the car. WITNESS CROSS-EXAMINED. The Senior Sergeant remarked that the wheel marks gave evidence that the car travelled 1/ yards after it came out of the ditch. • Witness: “She could not have done it." Proceeding, witness said that the deceased, when picked up unconscious, was lying alongside the car. He appeared to have made an attempt to jump off the car. The senior sergeant: “Had yon any drink that .day”?—Yes, three whiskies between eight o’clock and 10.45 o’clock at Mrs Taylor’s. Were the other members 'of the, party sober?—Yes. In answer to Mr O’Shea, witness stated that he had had no authority to take the car out for private purposes on the night of the accident. To Mr Perry: They were not joyriding, but simply coming into towp to seo McLeod’s sister off. To His Worship: lie had driven a motor-car for about six years. Although the night was dark, he was using no lights. With a clear road before him, he considered the speed at which he was travelling quite safe, and a reasonable speed. \Vhon the car entered the. ditch he reduced * the speed to about fifteen miles per hour, bub ho could not make any definite statement as to this, for he was occupied in getting the car out. The car left the ditch at a speed of about fifteen miles per hour thou swerved on to the bank and capsized before he could pull up. Ho thought the steering gear must have carried away while ho was in the ditch, but ho did not feel it go. He considered it was safe for him to take charge of the car after having the three whiskies referred to. On throe previous occasions, he had had to adjust the steering gear. At this stage the coroner adjourned the further hearing of the inquest till 2.30 p.m. to-morrow.