THROWN FROM A TRAP

Otago Witness, Issue 3193, 26 May 1915, Page 9

THROWN FROM A TRAP

VERDICT OF ACCIDENTAL DEATH. The inquest touching the death of Willian J. Spratt, who died as the result of being thrown from a cart near Oiitram on May 6. was resumed at the Magistrate’s Court on Friday afternoon, before Mr 11. Y. Widdowson, S.M. Sub-inspector Brobc-rg represented the police, Mr C. G. White appeared on behalf of Mr W. D. Stewart, tor the London and Lancashire Insurance Company, and Mr W. G. Hay for tho wife of deceased. James Alexander Albert Millar, commercial traveller for the International Harvester Company, with headquarters at Ranfurly, said that ho saw the deceased on May 6 in Middlemarch, at the Strath-Taieri Hotel, where both were staying, at breakfast. Deceased was then perfectly sober. Witness went out and returned to the hotel shortly before noon. Between half-past 12 and 1 o’clock ho again saw deceased, who was then under tho influence of liquor, but not incapable. Witness took little notice of him, but thought that he was in a fit condition to have charge of horses.

Sub-inspcctor Brobcrg: Is that an op'nion formed at the time or after further consideration? I ask you because you made a directly contrary statement to the constable. Cross-examined, witness said that the deceased was not roiling drunk. He was staggering slightly, and could be seen to bo under the influence of liquor. These facts were in the witness’s mind when he made the statement to the" constable. Thomas Jenkins, labourer, residing at Port Molyneux, said that on May 6 he was about two miles from Sutton, on the Outram side, fencing. He saw a man whom he now believed to be the deceased driving along the road in the direction of Outram in a heavy four-wheeled buggy, with two horses. He spoke with the deceased for about 20 minutes, and deceased said that he had wagons on ahead. Deceased drove on at a steady pace, but later witness saw him going rapidly uphill, with the horses at a gallop. Witness told deceased whilst talking to him that he would break his neck if he went down the Deep Stream Hill at the rapid pace he had been going at, and deceased replied, with a laugh, that he did not care. Deceased had” had a little too much liquor. Ho was drunk, certainly, when he came to witness, but talked quite sensibly, and did not show the influence of liquor in bis conversation. He said that be could not “shout” for witness, but gave him a cigarette. When he left witness would say that ho was sober enough to get along the road. David Ruthven, contractor, residing at Wingatui. said that about 3 p.m. on Miiv 6 he was on the top of the Middlemarch side of the Deep Stream Hill. That would be from two to three miles on the Middlemarch side of the Deep Stream bridge. He met a fourwheeled express driven by deceased, of whom he asked the way to Burewood Homestead. Deceased said that he had no drink with him, so could not “shout”; but he gave witness and his brother, who was with him, a packet of cigarettes each. This was about 3 o’clock. Deceased’s horses were in a very boated condition, and were trembling through having been over-driven. Deceased was drunk, but not what would bo called “paralytic.” He seemed-to know what he was talking about. After about 10 minutes’ conversation deceased drove on towards Outram. One could not say that he was talking sensibly, for he told of matters that, in a sober condition, he would have kept to himself. Deceased said that he had “a good few in.” Ho seemed in a fit enough condition to drive a horse _ on tho road, and, apart from being a little over-communicative, be seemed to talk well enough. He was driving steadily enough. To Mr White: The horses did not look as if they had boon treated very well. Considering that he left Middlemarch at 1 o’clock, stopped for 20_ minutes, went two to three miles out of his road, and reached them about 3 o’clock, it would have been pretty fast travelling. William Naismith Anderson, who had given evidence at tho previous holding of the inquest, recalled, said that a piece of the splashboard was found the day after tho accident about a chain away, on the Middlemarch side of the culvert. The whip

vvaa also found. Deceased had been over the road several times. Enest Ebzery, licensee of the Strath Taieri Hotel, at Middlemarch, said ho knew deceased, who stayed at the hotel on the night of May 5. It was almost dark when he arrived. Ho left next day at 11.46 a.m., as near ae witness could judge, and did not have dinner. He had a brandy and a little lemonade in the morning, some time utter breakfast. Witness remembered giving him three brandies. Ho took only a small drop, because he was complaining of not being well. He did not have a “decent drink” in the lot. He had the last about 11. SO. Witness loft to go to the dog trials at 11 o’clock, but returned at 11.50. Witness saw deceased go out of the house, but did not know whether anyone else had served him. Deceased appeared to be all right, and witness would swear that ho was sober. He would swear that he did not assist him into the conveyance. Deceased had some liquor on the previous night—perhaps three or four drinks; but witness would say that he was not a drinking man. Pie went to bed about midnight, and was in a sober state. Pie obtained no liquor from witness, nor from anyone in the house, so far as witness knew, to take away with him, and, to the best of witness’s knowledge, he had none with him when he left. , Cross-examined: Deceased might have been out at another hotel the night before, but all the men in witness’s house were sober. Constable Scandrett, stationed at Middlemarch, said that ho knew the deceased well. Deceased had been over the Deep Stream Hill road several times to witness’s knowledge, and must have known the road too well to have gone out of his way if he were in his normal state. The place where the witness Jenkins was fencing was about 65 miles from the Strath-Taieri Hotel. The Sutton Hill, about a mile and' a half from this spot, was very steep, and was not the sort of hill a sober man would be likely to gallop horses up. Where Ruthven met deceased would bo about 19 miles from the hotel. It would have been good go : ng if deceased had reached the Deep Stream bridge in 3J hours. Mr Hay: Is it not a fact that you are trying to work up a case against Mr Ebzery? Did you not bring a case against him some time ago, which was dismissed, and you were annoyed and are trying to get a case against him now? Witness: No. There was a case dismissed, but I am only doing rny. duty in this case. Mr Hay: Did you not say, on the occasion of the former case, that Mr Ebzery had bribed you, and did not the magistrate refuse to” believe you ? Witness: No. The magistrate believed my evidence. Referring to Mr Millar’s evidence, the constable said that the latter was fully awake when it was taken, and understood what he was doing. Mr Hay: You made no threat to Mr Millar about his employment? Witness: No. The Sub-inspector: Is there any suggestion that he did? Mr Hay; I will deal with that at the proper time. This concluded the evidence. In giving his verdict, the Magistrate traversed the facts of the case as elicited from witnesses, and remarked that the possibilities were in favour of the deceased’s having remained in the vehicle till it reached the culvert. He did not think it was necessary to refer to hia condition, and ho wished to say as little as possible about that. The verdict would bo that the deceased died on May 6, at Deep Stream, of injuries he had sustained by being accidentally thrown from a trap which he was then driving.