KENSINGTON STREET ACCIDENT.

Otago Daily Times, Issue 18509, 21 March 1922, Page 3

KENSINGTON STREET ACCIDENT.

INQUEST CONCLUDED. A STORY OF HOTEL BARS. The inquest into the circumstances of the death of Harold James Moody, the little boy who was ran over and killed in the street at Kensington last Thursday, was continued at the court before Mr J. 11. b. M., sitting as coroner, yesterday morning. Sub-inspector Eccles represented the police, Mr B. S. Irwin appeared on behalf of the parents of the boy, and Mr A. <J. Hanlon for Thomas Day, the driver of the trap that struck the child. Sub-inspector Eccles asked that all wisnoeaos be ordered out of court. The Coroner.—lncluding Thomas Day? Sub-inspector Eccles.—Yes. Mr Hanlon. —Very well, if he goes out of court I’ll go, too. The Coroner said there was no charge against Day. and ho was not in the position of a defendant If witnesses were ordeied out ho would be in the position of the other witnesses. The procedure, suggested, however, was unusual at an inquest. Sub-inspector Eccles agreed to waive tire point. Benjamin Franklin Hore, butcher, residing at Melbourne street, South Dunedin, said that on March 16 last he knocked off work at dinner time about half-past 12. He, had no liquor while at work. He left at 1.50 p.m. to go for a drive in a gig. Mr Lanharn borrowed the gig. They left from the Caledonian Hotel. Witness had had two small nipe of whisky at the hotel. It was a cold day. Witness thought that T.anham and a man named Thomas Day also had drinks. Witness. Lanham, and Day, drove in the gig to the Shiel Hill Hotel. They did not stop on the wav. The horse was fresh, and pretty hard in the mouth. The three of them went into the Shiel Hill Hotel, where they arrived about a quarter past 2. Witness thought he had two or three whiskies. He said he ‘'thought” he had whisky because, since he had a fall out of a cart, his head was not quite right, and he could not be sure. He did not know what Lanham drunk. After about an hour an a-hulf they drove on a mile and a-half to Lanham ’e property, and then returned in an hour or more to the Shiel Hill Hotel. They all went in again. He thought he had two or three small pony shandies this time. He could not say what Day had. Witness believed he did have gin. This second time they stayed somewhere about an hour at the hotel. A ladv supplied the liquor on both occasions. When they left for home it would be about half-oast 4. Lanham drove the gig, and their first stop was at Porter's St. Kilda Hotel. It was not on account of w itness’s condition that Lanham drove. Witness and Lanham went into the St. Kilda Hotel, and Day stayed in the trap. Witness had a medium bee"r, and he thought Lanham had the same. Either a medium beer or a medium shandy was taken out to Day. They left Lanham at the hotel, and Day and witness drove away. Day drove, and they went straight along King Edward street on the way to Dav’s place in Albany street. It would he about 20-to 6 when they left the hotel. It would he just on a mile from St. Kilda Hotel to Kensington crossing. They drove on the left-hand side of the street all the way. The mare switched her tail and took one of the reins under it. That was about 40 yards before getting to Grosvenor street. The mare swerved to the right across the road. Day had one rein. The reins were not joined, and one was snapped out of liis hand. The gig struck a big telegraph post, about 50 or 40 yards from the Kensington Hotel. Witness was thrown on the ground unconscious. He did not know any more. He could not swear that the pig struck a little boy, but next day he had an idea that he saw' children playing near the telegraph post. Hie mare was quiet up to the time of the rein getting under her tail. Day had had previous experience with horses. While witness was driving the reins did not get under the mare’s tail, but 'he same thing might have happened with him. The man who gave them the horse said. “Be careful with the reins as she switches her tail.” Day was not there at the time. Witness was perfectly sober up to the time of the accident. He did not icmember seeing Sergeant Murray on the night of the accident. He had ft recollection of seeing three children in the -vicinity of where the accident took place. Mr Irwin; He understood the horse was lent to Mr Day. It belonged to a Mr Buchanan, of South Dunedin. Buchanan brought the mare to the Caledonian Hotel. The trap belonged to Kellas. Buchanan told witness about the mare switching her tail but witness did not think it necessary ro tell Dav. He told Lanham to “ watcii her tail " 'when Lanham was driving from the Shiel Hill Hotel. Day had driven witness a. good many miles. - Day was sober. To the Magistrate: They were going at an ordinary trot, about six miles an hour, just before the accident. To Sub-inspector Eccles: This mare had been trotting, and he heard she had won a race. , , , Herbert William Lanham, coal merchant, residing at St. Kilda, recalled going for a drive on the 16th inst. with tne last witness and a man named Day. Witness made arramrements to get the gig from a man named Kellas. It was between 1 and 1.30 p.m. when witness got. to the Caledonian Hotel. He believed instructions were given about the mare switching her tail. Hore told him to be careful of her tail. At the Caledonian Hotel Dav had a couple of drinks, but witness could not say what they were. Ho had a couple of medium shandies himself. At the Shiel Hill Hotel witness had two shandies. Day had a gin, and, he thought, a medium beer. He remembered Hore having one whisky, and ho might have had two beers besides. Hore drove for about a couple of miles further on. and then it. looked so black that they turned back. They stopped again at the Shiel Hill Hotel, ami had two or three medium shandies. They might have had six drinks during the journey. Witness drove home because he happened to get into the trao first, and was an experienced driver. All three were quite sober. At the St. Kilda Hotel they had a. pony shandy or medium boer each. Witness stayed behind, and the other two drove away. Witness had about 30 years’ experience of horses. This was a horse ho would not have liked to have given anybody to drive. She was very hard in the mouth. Hiev had to keep the reins away from her tail. Day heard Hore heine advised to keep the reins away from her tail. The reins were not joined. They were well on the short side. Alexander Anderson, City Corporation motorman, said that on March 16 he was driving a tramcar south along King Edward street about 6 o’clock. He had just passed the car as he though,t by the way the sulky with two men in it coming towards him. The horse was gnlloning. Witness steadied the car as he thought by the way the sulky was swinging about it was going to come into contact with his oar. The driver had hold of both reins, holding them high up Just as the trap approached the car it took another swerve to the driver’s left. The gig just grazed oast the car. Ilis opinion was that the men were not fit to be in charge of a trap. The driver was leaning mi the side of the gig with his hands up. The position of the driver and the way he was swaying made witness take particular notice. After witness passed them he noticed some children, and he expected something to happen, /The children weie on the footpath. One was a boy about four or five years old. It would be about a hundred yards from where the trap passed to the telegraph post where the accident occurred. Tbc reins wore not under trio liorse’s tail when the trap passed. The horse would be going 10 to 12 miles an hour. . To the Coronor: He noticed the trap about Wilkie road when witness came round the corner. He first thought there was something wrong when they were 20 or 30 yards away. . John Plank, licensee of the Caledonian Hotel, on the Anderson’s Bay road, said that t)ay Lanham, and Hore were in his hotel on'the 16th inst. They had two drinks each. , , . Isabella Clark, wife of the licensee of the Shiel Hill Hotel, said she remembered Hore. Lanham, and Day visiting her hotel on March 15. Hore said it was a very cold day, and had a small whi«kv and ■i couple of phandio?. The otner two iiiiil either beers or shandies. 'flic men went awav. and when they returned they wove drinking either beer or shandies. "hey wore talking l horses. ])'i v bad two or three drinks and the others had the same. They finally left the hotel shortly after 5. {ho three of them were quite all right when they Thomas Toner, barman in SI. Kilda Homl. said that Lanham and Hore were in the bar about half-oast 5 on the 16th mst. Lanham ordered three medium shandies. Witness did not sec the trap go away. He imagined Hore was all right, and Lanham was quite sober. . . . Timothy Haves, carriage trimmer, hying at the corner of Grcsvenor street and King Edward street said that about 10 to 6 on the evening of (ho 16th inst. ae heard i horse tunning down Grosvenor Street. He looked up and saw a horse and gig coming down the footpp.th from King Edward street. There was no one in the gig. It was going at a medium pace. It got caught by • telegraph post and the horse

loft the gig and harness and wont on. Witness saw Hore lying on his back in the middle of King Edward street. When witness went to assist Hore, Day came cn the scone from somewhere with his head cut. Ho did not see the child. Leslie Moody, father of the deceased child, said ho was staying at the Kensington Hotel. Between 10 and five minutes to six on the 16th inst. witness went to gel the children for tea. He went out on to the footpath. His elder little boy was playing horses and driving two other children across Grosvonor street. The younger toy was running behind. Witness was just going to call them when a gig coming up swerved across the corner and struck his younger boy. It seemed that, the step struck him, and the wheel knocked him down and went over him. His attention was concentrated on the child, but he had a faint recollection that a man was lying on the road when he picked the child up and carried him over to the hotel. Sub-inspector Eccles called Thomas Day when Mr Hanlon intervened suggesting the police do not call him. "I have warned him,” Mr Hanlon said, “to claim privilege on the ground that any answers he may give may incriminate him and ho won’t answer a question. The Coroner said if Day wore called ho would have io caution him us to privilege and he could refuse to answer any quosThe sub-inspector said he had intended to ask the witness only if he had been with Hore and Lnnham that day, but he agreed not to call Day at all. Serceant Murray said he saw both Hore and Day on the evening of the loth uist. He saw Hore at about 6.35 p.m. m his house at Melbourne street. Witness met the wife at the door, and she did not warn to let him in. Hore was lying on the sota in the kitchen The wife and witness shook him up and spoke to him, Inn. they could not get much satisfaction trom him. He was very drunk. He smelt strongly of drink. Witness saw Day about 6.20 n.m. in Grosvenor street. He showed signs' of drink, and was not m a condition to make a statement. He seemed a bit stupid. Day gave a statement next morning. , „ To Mr Hanlon: Ho would not say Day was drunk, but. he was not m a condition to <rive a statement. The results of the witness’s fall might have affected him as well as the drink. Day was only a tow minutes with witness. To Sub-inspector: The shock °‘ out of a gig might have had the effect of sobering up Day. ~ . ~ Sub-inspector Eccles said that they had made verv exhaustive inquiries, and Mr Moody, the father of the child, was the only "person who actually saw the child knocked down, , The Coroner said the evidence of Hore, who was in the trap with Day, was m the directi an of showing that they were sober, and that this was an accidental occurrence due to the rein getting under the horse s tail. That evidence was entirely at variance with the evidence of Anderson, the motorman and Mr Moody, father of the child who said the horse was galloping. In view of the evidence that had been given the question of criminal responsibility, it anv. of the driver would have to be investigated in another court. lhat bC‘'T so he would uot comment further on the evidence at that stage. He should think the police would be able to get further evidence corroborative of the statement of Anderson. The verdict would be that deal , was due to fracture of the base of the skuh caused by the boy being knocked down at the corner of Kirfg Edward and Grosxenoi streets on March 16 by a gig and horse driven by Thomas Day.