FATAL COLLISION

New Zealand Times, Volume XLVII, Issue 10851, 17 March 1921, Page 6

FATAL COLLISION

THE HUTT ROAD SMASH GUY L. FULTON CHARGED WITH MANSLAUGHTER. DECEASED’S HOSPITAL TREATMENT. On a charge of manslaughter in connection with the fatal collision on tho Hutt road on October 2nd of last year, when William Huskisson received injuries from which he expired after an operation at the hospital, about a month later, Guy Leslie Fulton, the driver of the ear which. collided with the gig in which Huskisson and another were riding, camo before Mr W. G. Riddell, S. U., in the Magistrate’s Court, yesterday. Senior-Sergeant McNamara represented the police; and Mr A. Gray, K.C., with him Mr D. R. Hoggard, appeared for Fulton. Dr B. H. Al. Luke, house surgeon at tho Wellington hospital, said Huskisson was admitted to the hospital on October 2nd, suffering from a fractured femur and abrasions to the head. He continued a patient until November 24tli, when he died, following an operation necessary to secure the ends of the broken femur. The deceased’s injuries were consistent with a fall. The fracture was set on October 2nd under an anaesthetic, again on October 4th without an anaesthetic, and was set again on October 12th under an X-ray screen, and all three were unsuccessful, And the operation on November 24th was imperative to form a union of the fractured bones.

To Mr Gray: The fracture.,was a simple fracture, but there war, a marked deformity in the leg. Witness was not in charge when the patient came in, but administered the anaesthetic on October 2nd. The X-ray photograph was taken first in the X-ray room, and the limb, set later in the ward. On October 9th another X-ray plate was taken, and revealed the same deformity. It was then decided to set tho fracture under the X-ray screen, and this was done under an anaesthetic on October 12tli. Witness detailed fully the actual operation, under which, he said, there was usually a good deal of shock. Death had been dne to shock followliig the operation performed under an anaesthetic. OPERATIONS BY THE BOOK. Mr Gray: If a patient has been in bed all the time is that considered proper treatment? —Yes. Referring to a universal medical book dealing with tho subject, Air Gray questioned witn'ess as to his method of performing the operation as compared with tho book by eminent surgeons. Witness had not acted in strict conformity with the book, as the certain remedies referred to in tho book were superfluous on this occasion. After the operation, which was completed, the patient was given subcutaneous salines and also one-twentieth of a grain of strychnine before ho left the theatre to act as stimulants. Cocaine was also administered. Deceased had collapsed from shock before he left the theatre. Air Gray: If he was in such a good state when admitted, why the sudden collapse?—From shock. Air Gray: He wan under an anaesthetic, wasn’t Be? Witness added that both witness and Dr. Alorice had told the deceased that the operation was necessary, and he had expressed willingness t*> undergo the -operation. ORDINARY AIODERN TREATMENT. To Senior-Sergeant AlacNamaxa: Ample time was given for the fracture to unite before the succeeding operation. Shook could be caused in many ways. The deceased had been given the ordinary modern treatment of a patient suffering from similar injuries. Dr. Charles George Alorice said he was on the honorary staff of the hospital On November 24th he performed the operation on Huskisson. The latter was suffering from a broken thigh bone which would not unite, and the oporation was essential. On that occasion the anaesthetic was administered by Drs. Hutchison and Park. The operation lasted about two hours, which was not an unusual time. At the conclusion of the operation the patient showed signs of shock; more, m fact, than witness had expected. A tourniquet was applied to reduce the amount of haemorrhage. To Mr Gray: He had examined the man’s leg on several occasions, hut the splints were not removed. He had been present when the splints were removed on one occasion only. He could not say how often the leg was massaged- . .

Air Grav: Would it he possible to massage the leg without removing the splints?—Yes, no was wearing wire splints. Witness said that no X-ray picture was taken between October 12th and November 17th, but it was assumed that tho fracture was correct. Air Gray read from a further prominent hook on ‘ ‘Skiagraphs,’ ’ which said that tho taking of skiagraphs was vitally necessary in all cases of such fractures, and failing to take them rendered tho surgeon in somo countries to ho guilty of negligence. The hospital records showed that X--ray photographs were taken on October 4th, 9th and 12th, and again on November 17th. To Senior-Sergeant McNamara: It was not good for tho patient to have frequent X-rays photographs. Five weeks was quite a long time, and if a uni.on was going to occur it would do so within that time. Tho operation itself was quite successful. James Richard Croft, builder and undertaker, of Petone, who was with Huskisson at the time of the accident, gave ovidenco on the linos of that given by him at the inquest. To Air Gray: The red light of the gig-lamp might not ho easily seen from a motor-car, as the lights usually shone right through the red light. The lights on the motor-car were bad. After the accident, witness said he did not feel like remonstrating with the driver of the car. Immediately before the gig was struck witness looked into the lamp, because ha knew there was not much candle in the lamp, and as a motor-car was approaching he wanted to make sure. He never saw any other car or mqtor-cyclo pace them on their way to town. Alention was mado of tho action taken against Fulton by the widow, and it was intimated that 'the action had been settled. Croft said, as far as he was concerned, no settlement had been effected. Thomas Mclntosh, puller, said ho resided at Petone. At about 6.5 on October 2nd Inst ho was at Air Croft’s shop. Huskisson was also there. He saw Huskisson examining tho lamp, and. finding about two inches only in the lamp, ho saw deceased get another candle and place it in InV inside packci. 'Hie lamp was lit, and Croft and Hn.-kn-son drove away. Constable F. C. Harrison gave evi-

denre as previously published at the coronial inquiry. To Air Hoggard: Witness wrote down tho statement referred to as it was spoken to him by Fulton. The latter signed his statement. Witness never took any accurate measurements. Prior to lii-s arrival, Fulton had intimated that- the ear had been moved. Senior-Sergeant Bird opened tho lamp in his (witness's) presence. The speed-limits on the Hutt road wero 25 miles per hour. Formal evidence by Senior-Sergeant AlcNamara concluded the case for tho prosecution. FULTON GIVES EVIDENCE. Guy Leslie Fulton said he was a merchant, and had lived in Wellington all his life. He owned a car last year, and was accustomed to driving it himself. He had been driving for eleven years, and contended that ho was an experienced motor driver. He was acquainted with the Hutt road. On the night of the accident ho had been to Heretaunga and ’eft thero in his car at about 5.30. 110 was accompanied by two other gentlemen. When leaving it commenced to rain, and witness turned on his lights just before Teaching the Hutt. These were two head lights, two side lights, and a tail light. They wero the standard lights of the Austin car. On coming through Petone he slowed down to 10 miles an hour, and after passing the railway crossing he increased his speed gradually to about 25 miles an hour within the distance ofc a mile. He had four years on the motor-car. After passing tho National Hotel he saw no other vehicle on the road nntil he overtook the gig. The first he saw of the gig was when the lights of his own car showed on the rear of tho gig. Ho estimated that he was only lo yards from the gig when he saw it, and accounted for the fact of having estimated the distance at 25 to the constable as having been somewhat embarrassed, and to assist the constable, who was obliged, he said, to get an estimate for his report. In attempting to swerve, he immediately declutched and applied the brakes, but was unsuccessful in avoiding an impact. He pulled the car up within five or six paces. The horse was not dragged any distance. After the collision he picked up Croft and immediately accused him of not having any lights. Witness then heard someone moaning underneath his car, and was obliged to move the car further ahead to recover the injured man. Huskisson was quite conscious, and intimated that he thought his leg was broken. Medical aid was summoned, and Huskisson’s leg was set before being sent to the hospital. The two side lights wero still burning and also the tail light. The bonnet was not damaged, and the fan, engine and self-starter wero in excellent order. Witness contended that the fact of the small amount of damage done indicated that ho had not been travelling at an excessive speed. Tlio horse showed no sign of having been dragged, and he thought the animal had struck its head on the road or else had died of heart trouble. Ho was taking more care than usual on account of the weather, which had been responsible for water on the wind-screen and mud on the head lights, having a tendency to obscure his vision more or less, but he would certainly have seen any vehicle if it had had a light. He saw Croft at his office about a week or ten days after tho accident, and the latter had intimated that he had taken an action against the accused. The widow of deceased also had an action against him, both of which were pending. THE HEARING ADJOURNED. To Senior-Sergeant AlcNamara: Later, when he came to consider his statement regarding the distance between tho car and the gig he came to the conclusion that he must have been nearer than 25 yards when he first saw. the gig. He did not raise the question of distance at the coronial inquiry. He did not recollect any mention being made in the account for motor repairs of an entry for engine displacement. At this stage the case was adjourned for one week, when further evidence will be called for the defence.