FATAL COLLISION

Waikato Times, Volume 112, Issue 18795, 17 November 1932, Page 8

FATAL COLLISION

O’BRIEN STANDS TRIAL. ALLEGATIONS OF NEGLIGENCE. CONFLICTING EVIDENCE. There was a good deal of public interest In the trial at the Supreme Court, Hamilton, to-day, of Charles O’Brien, salesman, of Hamilton, on a charge of driving a motor-car, thereby causing the death of Robert William Money, at Hamilton, on August 30. The case was heard before Mr Justice Herdman and a jury. Mr H. T. Gillies prosecuted for the Crown and Mr J. F. Strang represented the accused. The jury was as follows: —W. M. Cann (foreman), R. R. Menzies, A. Kilburn, L. Watson, T. J. Storey, K. Welch, W. G. McMiken, I. T. Page, R. E. Montgomery, S. J. Powell, H. Sullivan and E. Bailey. The first witness, Dr. D. R. Abernethy, of the Waikato Hospital medical staff, testified that Money was admitted to the Waikato Hospital at 8 p.m. on August 30, suffering from a fractured skull and laceration of the brain. lie was unconscious and he died at 3 a.m. next day. Horace Webb, motor-driver for the Hamilton Fire Brigade, said the prisoner approached him in Victoria Street, at 7 p.m. on the night of the accident and asked him to start his car, which was spluttering. Witness drove the car as far as Garden Place accompanied by O’Brien. lie Mien turned around and drove as far as the Civic Theatre when he alighted. lie asked O’Brien if he could manage the car and O’Brien replied in the affirmative. 'Cross-examined, witness agreed that if an accident occurred at 7.15 p.m. he would be In O'Brien's company a few minutes before then. O’Brien was perfectly sober. Had he not been sober witness would have driven him home. Constable’s Warning. •Constable V. Holland, referring to the night of the accident, said he saw the prisoner with another man in Victoria Street. Subsequently, after O’Brien came out of a confectionery shop, witness told him he had better not drive the car in the condition he was in. O’Brien replied: "I have no intention of driving it. I have a friend who will drive it for me.” O’Brien then met Webb, who got into the driving seat. The pair drove north and then passed him going south. O’Brien appeared to lurch when walking and lie was talking loudly. Witness considered he was intoxicated and should not have been in charge of a car. To Mr Strang, witness said he did not know O’Brien was In charge of the car. He agreed that O’Brien walked perfectly straight and talked normally. There was a tendency for O’Brien to lurch at any time. Norman Henry Scott, box-maker, of Claudelands, said he was driving a car over the traffic bridge on the night of the accident. 'He observed a darkcoloured coupe car In front of him being driven In an erratic manner. The car took a very wide turn into Grey Street, Hamilton East, and continued a zig-zag course. Witness observed the driver’s elbow projecting from the window of his car. He was swaying in his seat. 'Cross-examined, witness denied that he knew the late Mr Money or Miss Money but he knew Captain Money. He ' could not remember whether the night was dark or wet. lie did not notice any other cars crossing the bridge. He did not know whether his companion, Mrs Johnson, regarded the driving of the car in front as erratic, lie agreed that though the car took a wide sweep it was on its correct side. Margaret Johnson, of 'Cambridge, an occupant of the previous witness’s car, stated that she observed a car in front of them travelling erratically over the bridge and up Bridge Street. She most of the evidence of the previous witness. “Sure of Accident.” Replying to Mr Strang, witness recalled remarking to Mr Scott that the driver ahead appeared to be either ill or drunk. Scott remarked that if they had time they should follow the car as he was sure there would be an accident. Robert Raymond Money;, retired Captain in the air force, of Hillcrest, stated that his father was 72 at the time of his death on the night of the accident. llis father owned a baby car and wished to go to Hamilton with his mother and sister. His sister drove the car and his father sat alongside her. His mother sat at the hack. His father was killed as the result of the accident. His mother had three breaks in one leg and a dislocation of the other leg at the hip, while his sister had had a nervous breakdown. The car was in good mechanical condition. Cross-examined, witness agreed that his sister had a previous nervous breakdown. She had had a license to drive since 1919. lie considered his sister a good driver. Evidence that he arrived at the scene of the accident at 7.45 p.m. was given toy Constable V. C. Naylor. lie produced plans -showing the positions of the cars and told his Honour that the accident occurred in Grey Street near Steele Park. ■Cross-examined, witness said he regarded the prisoner as a careful driver. He could not say definitely whether O'Brien’s car was on the wrong side of the road at the time of the impact. Both vehicles were damaged on their left sides. Eyo Witness’s Version. R. 11. V. Aulin, motor mechanic, said he was riding a bicycle along Grey Street before the accident. He saw a car on its correct, side swerve out, towards the middle of the road. For safety witness rode further to the left, lie watched the car and saw a collision. Both cars swung around facing Steele Park. in his opinion, had Miss .Money kept on her correct side the accident, would not have occurred. Stic swung out and came in contact with O'Brien’s car. After Ihe accident the baby ear started burning tout Ihe fire was extinguished. After Ihe accident witness asked O’Brien what happened and O’Brien said he had been sitting in the ear all the time. Gross-examined, witness agreed that O'Brien's car was on the crown of the road all the lime and veered n>i more than about 2ft. lo the wrong side. Before Ihe impact he saw only the lishts of .Money’s car.

Movements of Cars. James William Harcourt, road foreman employed by the Waikato County j Council, gave his impression of the j accident. He noticed a car coming j from Hamilton on its wrong side of I the road before the accident. He i was sure that the car coming from | Hillcrest was well over on its correct I side. When the cars were near each | other the baby car suddenly swerved to its wrong side. To Mr Strang, witness said even though O’Brien’s car was on the wrong side there was ample room for the baby car to pass without altering direction. ■lsabella Roberts, domestic, of Hamilton East, stated that she was walking towards Cambridge and noticed the baby car approaching on its correct side. Jessie Fox, domestic, of Hamilton East, said she saw the two cars meet but did not see them before the accident. Constable H. M. Kirby stated that, he attended to the injured and had them conveyed to the hospital. At 9 p.m. that night he interviewed O’Brien at his home. He was cut about the lip and bandaged up. Witness read a statement in which O’Brien said he was on his correct side of the road. He had had two beers and lemonade after 5 p.m. and nothing else. When Mr Gillies intimated that the Crown case had finished Mr Strang submitted that there had been some evidence of intoxication but none of negligence. O’Brien was not charged with intoxication in charge of a car hut with negligent driving. His Honour held that there xvas evidence of negligence and lie did not propose to withdraw the case from the jury. Dr. E. C. Brewis deposed that prisoner xvas brought to his rooms between 7.15 and 7.30 p.m. He attended to O’Brien for an injury to his mouth. He noticed no sign of liquor about O’Brien. To Mr Gillies Dr. Brewis said that a shock would have the effect ol’ making a man sober. The Prisoner’s 'Story. In the witness box, the prisoner said he had had only two drinks during the afternoon. He could not start his car when he went to go home about 6.50 p.m. Webb started the car for him and told him that if the car would not run properly to use the choke. He used the choke frequently orossing the bridge and going up Bridge Street. Prisoner continued that he drove on his correct side of the road up Grey Street and did not change his course. He noticed that Miss Money’s car swerved just before it reached him and so he stopped just as the collision occurred. He was at the shop all morning and stayed home most of the afternoon, going to town after 4.30 p.m. Erratic Course Denied. Cross-examined, 'O’Brien stated that he had .tried to start the car before Constable Holland spoke to him. He understood the iconstahlie had seen him try to start the car. He would not say the constable was lying but It xvas untrue that he had implied that he (O’Brien) xvas unfit 'to drive the car. The constable xvas incorrect xx'hen he said he started his car Immediately, He denied that he zigzagged going up Bridge Street but admitted. that the car jumped on account of the choke trouble. He xx-ould not agree 'that he nearly drove on the footpath near the Catholic Church. It was true that be drove with his arm outside the window. He did not “wander all 'over the road” along Grey Street. He remained on the croxvn of the road. Miss Money’s car xvas on the correct side up to the time she swerved. Had she not swerved there xvould have been no collision and there xvould have been a clearance of about six feet. At no time did he drive on the incorrect side of the road. Edxvard Seddon Brian, motor mechanic, of Hamilton -East, testified that he knew O’Brien slightly. lie saw O’Brien in his car immediately alter the impact and took him to Dr. Brewis. He discerned no signs of liquor about O’Brien. Keith F. Fisher, farm hand, -of Matangl, said he xx-as driving a car along Grey Street towards Hamilton and saxv O’Brien’s car approaching. He xvas about 100 yards axx-ay when the crash occurred. O’Brien appeared to be on his correct side before the accident and he did not see him xvobble or change direction. In fact there xvas nothing abnormal about O’Brien’s driving. Ernest Cecil Taylor, of Hillcrest, said he xvas cycling into Hamilton along Grey Street and xx-as passed by Miss Money’s car near the Wellington Street intersection. He had noticed the lights pn O’Brien's car on 'the correct side of the road and did not observe any alteration in the direction of his car. He did not see the collision as he xvas attending to his bicycle. Similar evidence xvas given by a pedestrian, Jessie Winifred Gardiner. (Proceeding.)