MOTOR CYCLISTS DEATH

Otago Daily Times, Issue 22741, 29 November 1935, Page 13

MOTOR CYCLISTS DEATH

CAR-DRIVER BEFORE COURT t * COMMITTED FOR TRIAL CORONER RETURNS OPEN VERDICT The lower court hearing of the charges against Leslie Raymond West, who was involved in a fatal motor collision at Waitati on. October 20, was concluded before Mr H. W. Bundle S.M., in the City Police Court yesterday morning. The hearing, which was commenced on Tuesday morning, was an unusually lengthy one, no fewer than 20 witnesses being called by the police. West was charged with (1) being an unlicensed motor driver; (2) having, while intoxicated in charge of a motor car, by act or omission caused the death of William Eric Johnston; (3) negligently driving a motor car and thereby causing the death of Johnston; (4) negligently driving a motor car and causing bodily injury to Edward Noad Hayward; (5) being intoxicated while in charge of a motor car and by an; act or omission causing bodily injury to Hayward. Chief Detective Young conducted the prosecution, Mr C. J. L. White represented the accused, and Mr C. Mowat appeared for the relatives at the inquest proceedings, which were taken with the hearing of the charges. After the evidence had been heard, the accused pleaded not guilty and was committed to the Supreme Court for trial, the defence being reserved.

Constable Todd said he was in charge of ' the' watch-house when West was brought in. Witness considered that the accused was half drunk. He was staggering slightly, his eyes were glassy and his breath smelt of liquor. He admitted that he had had eight beers that day. Constable Souter, or Waitati, said he was called to the scene of the motor accident at 5.20 p.m. The car was going north, practically at the right hand side of the road. Two motor cycles were lying against the bank. The accused admitted that he was the driver of the car, and when asked if he had been drinking he replied: " Not mUch. I'm all right." He smelt strongly of liquor and his movements were unsteady. Witness heard Stuart Watson say in the presence of the accused: "He is drunk. He came round fon the wrong side of the road." The accused said he was on the right side and pointed to some marks on the road where he said his car. had stopped. The injured people had been removed before witness arrived. Witness brought the accused into the Central Police Station. A man named Guyton, who, witness had been told, was in the car with the accused, accompanied them. On three occasions during the drive into town the accused told witness that he had been on his correct side of the road. He also said that the motor cycle had come round the corner at a high speed. On arrival at the Police Station the accused admitted that he had had eight beers. Witness described certain marks on the rond. In the car he had found three bottles, which smelt as though they had contained beer.

In answer to Mr White, witness said the accused had come in to town with him quite readily. Witness arrested him on the scene of the accident. He did not tell him in so many words that he was under arrest.

Leslie Herbert Wilhelmsen, a motor mechanic, said he- was one of a party of motor cyclists who went to Evansdale on October 20. The deceased was a niember of the party and he was n the lead when they approached the bend \»here the accident occurred. Witness was 200 yards behind and the accident had occurred when he reached the bend. The car was standing on an angle across the road, the front wheels being on the correct side and the rear wheels on the wrong side. Johnston was lying across the radiator and his machine was lying' under the right front wheel of the car. The driver of the car was getting < at as witness arrived, and there was another man in the car. Witness did not speak to the accused, who got back into the car and let it run back into the frnce. The accused appeared to witness to be under the influence of liquor. Tho appearance of the accused's eyes gave witness this impression. , To Mr White witness said he was about third in the party. He saw the leaders in the straight near Evansdale and did not remember seeing them again until he came upon the scene of the accident. When he had said he would bf 200 yards behind Johnston he was estimating the distance and could not be certain that that was accurate. When he came upon the ccident 1 e saw the accused, but was not at any time less th«n 10 feet from h:m. He considered that the accused was under the influence of liquor partly because of the appearance of his eyes and partly because he w is inclined to stagger when he walked. To Chief Detective Young witness said he did not see anyone else there who appeared to be under the influence of liquor.

William Mooney, an electric welder, said he was one of the party of motor cyclists, and gave evidence along similar lines. He was standing next to the accused at one time and smelt liquor on his breath.

Ernest William Williams, a labourer, of Oamaru, said he was riding a motor cycle from Oamaru to Dunedin and he joined the party at Evansdale. When he reached the scene of the accident he assisted with the injured men. He heard the accused saying that, he was on his proper side. Witness considered the accused was under the influence of liquor. He was talkative, thick in his speech, and unsteady. The accused pleaded not guilty and was committed to the Supreme Court for trial. Bail was allowed in his own recognisance of £2OO, a condition being made that he should report daily to the police.' Referring to the inquest, his Worship said he did not propose discussing the evidence in any detail. Dr D'Ath's evidence showed clearly what had been the cause of death and a verdict would be returned that the deceased died from comatose asphyxia and shock resulting from extensive injuries to the brain and other parts of the body, received on October 20 in a collision which occurred on the Main North road near Waitati between a motor cycle ridden by the deceased and a motor car driven by Leslie Raymond West.