Wednesday 6 November 2024

7/85 Trooper John (5/5/1889-15/6/1916), and 9/449 Trooper George (9/11/1896-17/9/1926), McMillan. "from the effects of injuries"

 

On May 5, 1916, at Dunedin Hospital, John's case was considered by a Medical Board, which recorded his condition as: "He is suffering from the effects of GSW of left side of head/subsequent operation Dunedin hospital/debility in speech and mastication/epileptic fits experienced"

He was discharged from the Army with a full pension 

Local and General

The people of Tuapeka Mouth are holding a double-barrelled function on the night of the 26th inst., viz. a farewell social to Messrs Skinner Bros, who are leaving for the training camp, and a welcome home social to Privates J. McMillan, and H. Darnell who have just returned from the front.  -Tuapeka Times, 24/5/1916.


Tuapeka Mouth

A WELCOME HOME will be extended to Privates J. McMillan and H. Darnell, and 

A Farewell Social 

to Messrs Skinner Bros., on the eve of their departure for Trentham, will be held in the Coronation Hall, on FRIDAY Evening 26th inst., at 8 p.m. 

Admission 1s  Dance to follow 1s. 

Ladies kindly bring baskets. 

Your presence will show your appreciation of loyalty and sacrifice for the Empire.

J. E. KEENAN, Secretary Patriotic Association.  -Tuapeka Times, 24/5/1916.


ACKNOWLEDGMENT

Mrs McMILLAN (Mornington) and family beg to thank their many friends for their kind messages of sympathy in connection with their recent bereavement. 


DEATH. 

FOR KING AND COUNTRY 

McMillan. — On the 15th June, 1916, at his mother's residence, Mornington, Dunedin, as the result of injuries received in action on Gallipoli, Trooper John McMillan, youngest son of Margaret and the late Wm. McMillan, late of Waitahuna West.  -Tuapeka Times, 21/6/1916.


Personal

The remains of the late Trooper J. McMillan, who died suddenly at his mother's residence at Mornington, on Thursday, June 15, from the effects of injuries received in action on Gallipoli, were interred at Waitahuua on Saturday, and were followed to their last resting place by a large number of friends from all parts of the Tuapeka district, where the deceased and his family had resided for many years. The pall-bearers were comrades who had served with deceased at Gallipoli, and there was also a number of territorials and senior cadets present, under Captain J. B. McKinlay. The service at the grave was very impressively conducted by Rev. J. S. Ponder (chaplain of the 12th South Otago Regiment). There was no firing party, but at the conclusion of the service the "Last Post" was sounded by Bandsman Wilson.  -Clutha Leader, 23/6/1916.


John McMillian's Army record shows that he was wounded in his left temple on the Peninsula. He seems not to have regained consciousness  (or, at least, have any memories between) charging the enemy and being hit and nearing England on a hospital ship.   He suffered from fits and had difficulty chewing his food and with speech due to an inability to fully open his mouth.

After his return home he was admitted to Dunedin Hospital in a "semi-dazed condition," in  January, 1916.


Waitahuna Cemetery.





McMILLAN—NIKANDER. — On March 2, at South Dunedin Presbyterian Church, by the Rev. W. J. Oxbrow (assisted by the R. Fairmaid), George, third son of the late William and Margaret McMillan (late of Waitahuna West), to Violet May Elizabeth, eldest daughter of Mr and Mrs Nikander, of South Dunedin.  -Otago Daily Times, 10/4/1920.


Deaths

McMILLAN. — At Wakari, on September 17th, 9/449 Trooper George McMillan, third son of the late William and Margaret McMillan, of Waitahuna, and beloved husband of Violet McMillan; in his 36th year. — E. McLean and Son, undertakers.  -Evening Star, 17/9/1926.


IN MEMORIAM.

McMILLAN. — In loving memory of Tpr. George McMillan, 9/449, died September 17, 1923. —Inserted by his loving wife and daughter.  -Evening Star, 17/9/1946.

Like his brother, George McMillan was wounded at Gallipoli.  His jaw was destroyed by a bullet or shrapnel.  While preparing for reconstructive surgery at Dunedin Hospital it was found that he had contracted tuberculosis. He died of pneumonia at the Wakari Sanatorium.




Waitahuna Cemetery.




23/840 Rifleman William (18/8/1885-15/9/1916), and 913349 Private John Thomas (10/9/1893-21/12/1917), McCaw. "so nearly reached home"


Local and General

A gloom was cast over Waitahuna (our correspondent writes) when the news was received that Rifleman William McCaw was killed in action at the front on the l5th September. Rifleman William McCaw joined Lord Liverpool's Own. He was not long in the trenches in France before he received a slight wound, which necessitated withdrawing from the trenches for a short period. On recovering he joined his regiment. Deep and widespread sympathy is felt for Mr R. McCaw and family in their sad loss. At a public patriotic meeting on Friday evening the chairman spoke feelingly of the news received during the day, and a resolution of sympathy with Mr McCaw and family was passed by all present standing. Rifleman William McCaw was 31 years of age, being the eldest of the family, and he was educated at the local school. After leaving school he worked on his father's farm, and also at the butchery business. He was highly respected by everybody in the district, Mr R. McCaw has two other sons serving at the front.  -Tuapeka Times, 4/10/1916.


The Supreme Sacrifice. — The sad news of Rifleman W. McCaw's death was received here on Friday morning. It cast quite a gloom over the town, and flags were flown half-mast. Rifleman McCaw was the eldest son of Mr William McCaw. Mr McCaw has still two sons in the firing-line. — This morning the sad news of Rifleman John Dath's death has also been received. Rifleman Dath was the only son of Mr John Dath, Waitahuna Gully. Much sympathy is felt for the parents and relatives of these two brave young men.  -Otago Witness, 4/10/1916.


William McCaw was with the 1st Battalion of the NZ Rifle Brigade when they assaulted German positions in the Battle of the Somme on September 15, 1916.  They set off at 6.20am, with the artillery barrage on time but the four tanks alotted to them - the first they would see - late.  

The Battalion moved behind the 2nd and 3rd - their job was to follow then pass through them to secure the final objective for the day. By 11.30am, not without loss, the 1st were ready to take their particular part in the advance.  They suffered losses from German machine guns, artillery bombardment, and even two field guns firing at point blank range, which were taken by bayonet.  They took their assigned position, named Grove Alley, and dug in, but it soon became clear the the units which should have arrived on either side of their objective had not, and they were under enemy fire from three sides.

At 2pm the captured guns were disabled and the position changed for a better one 400 yards to the rear.  The position was immediately attacked with artillery fire and infantry charges.  The men of the 1st held on until reinforcments arrived on either side and, eventually, a tank.

At 3.20pm orders arrived that the position was to be reinforced and consolidated and no further advance attempted.  More reinforcements arrived and the following night was a relatively quiet one.

All that can be known about the death of Rifleman William McCaw is that he was one of the 1st Battalion men lost during the action on the 15th of September, although the notice below would indicate that another Rifleman saw him die and was able to communicate with the McCaw family.  The Batallion moved forward and retook Grove Alley the next day.  William McCaw has no known grave.


Deaths 

In the Empire's Cause

McCAW. — In loving memory of Rifleman William McCaw, who was killed by shrapnel at the Somme, September 18, 1916, eldest son of Mr and Mrs Robert McCaw. Waitahuna.  -Otago Witness, 19/9/1917.





Waitahuna Cemetery. Photo courtesy of the Online cenotaph.




HOME AGAIN.

RETURNED SOLDIERS. 

(Per Press Association.) AUCKLAND. This Day. Hospital ship No. 133 arrived this morning with about 700 returned invalided soldiers on board. 

MANY LIMB CASES. 

(Per Press Association.) AUCKLAND, This Day. The Hospital Ship brought 547 returned soldiers, including 25 officers and 85 cot cases, two totally blind and ten mental cases. 

There is a high proportion of limb cases, though all were fitted with artificial limbs in England. 

Two privates died on the voyage — W. T. Webb (Palmerston North) .and J. T. McCaw (Waitahuna.)  -Greymouth Evening Star, 28/12/1917.


Deaths

McCAW. — On December 21, died on Hospital Ship Marama from wounds received at Ypres on October 4, 1917, John Thomas, youngest and dearly beloved son of Mr and Mrs Hebert McCaw, Waitahuna; aged 24 years. 

His end was peace.   -Otago Witness, 9/1/1918.

John McCaw's Army record shows that he suffered a gunshot wound to his neck which left him paralysed. He died of paralysis and heart failure and was buried at sea.


"WELCOME HOME" AND "FAREWELL" SOCIAL.  (abridged)

Our Waitahuna correspondent writes: A unique event in the history of militarism in Waitahuna look place on Tuesday, January 8th, when a combined welcome home and farewell social was tendered to two brothers, sons of Miami Mrs Willam Auld, carpenter. The elder son (Private William Auld) had arrived just that morning at Port Chalmers from the front, where he had received a severe wound in the eye, and the younger son (Private Hugh Auld), only in his 20th year, had voluntarily enlisted and was home on final leave, and was granted a few days' extension of time that he might meet his returning brother before finally departing.

Immediately after the meeting was opened by the singing of the National Anthem, the chairman said that the district had again lost severely through some of our best and bravest having fallen at the front. We were especially touched by the death of Privates J. T. McCaw, who had so nearly reached home, Malcolm McCorkindale, and W. Crozier, who had been killed in action. He moved that the meeting express its sympathy with those bereaved. The meeting rose and carried the motion silently. Proceedings wcre closed by the singing of the National Anthem.  -Tuapeka Times, 16/1/1918.




24/1523 Rifleman Leslie Helm, (28/3/1892-5/10/1916). "our son will ne'er return"

MEN WHO FELL.

KILLED. 

Rifleman Leslie Helm (killed in action France ) was the fourth son of Mr Philip Helm, one of the oldest employees of the Dunedin Drainage Board. Rifleman Helm was educated at Forbury School, and up to the time of his enlisting with the "Liverpools" was employed at the Phoenix Company in Dunedin. It is only fitting that Rifleman Helm should offer his life to his country, as a generation ago Mr Helm. sen., then a lad of 10, was driven out of Alsace with his parents by the Huns. The family preferred emigration to Germanisation, and at the conclusion of the Franco-Prussian war settled in Tasmania. Mr Helm has two other sons at the front, one with the New Zealanders and the other with the Australian forces.  -Evening Star, 20/10/1916.


IN MEMORIAM.

HELM. — In loving memory of our dear son, Rifleman .Leslie Helm, who was killed in action somewhere in France, October 5th 1916. 

Only the grave of a hero, Only a mound of earth. 

Far from the land of wattle. The spot that gave him birth. 

His King and country called him, That call was not in vain; 

On Britain’s roll of honor, You will find our hero’s name.

— Inserted by his loving mother, father. Brothers, and sisters.  -Evening Star, 5/10/1917.


HELM. — In loving memory of Rifleman Leslie Helm, killed in action somewhere in France, 5th October, 1916. 

When he left us with his comrades, He nobly went to take his chance; 

We little thought how soon, He'd be lying in a soldier's grave. On the battlefield of France. 

But the saddest part is yet to come, When our heroes all return 

Mothers will be looking for their darling boys; But our son will ne'er return. 

— Inserted by his loving parents, brothers, and sister.  -Evening Star, 5/10/1918.


FOR THE EMPIRE'S CAUSE

IN MEMORIAM

HELM. — In loving memory of Rifleman Leslie Helm, who was killed in action "Somewhere in France," October 5, 1916. 

We look on your picture that hangs on the wall, Your smile and your welcome we often recall;

We miss you and mourn you in silence unseen, And live in the memory of joys that have been. 

— Inserted by his loving parents, sister, and brothers.  -Otago Daily Times, 4/10/1919.


FOR KING AND COUNTRY.

IN MEMORIAM. 

HELM. — In sad and loving memory of our dear son, Rifleman Leslie Helm, killed in action, 5th October, 1916. 

Four years have passed, our hearts are sore, As time rolls on we miss him more — 

His welcome smile, his loving face, No one can ever fill his place. 

— Inserted by his loving mother and father sisters and brothers.  -Evening Star, 5/10/1920.


IN MEMORIAM

 HELM. — In loving memory of Rifleman Leslie Helm, killed in action, “Somewhere in France,” on October 5, 1916. “Gone, but not forgotten.” — Inserted by his loving mother and father, sisters and brothers.  -Otago Witness, 11/10/1921.


Andersons Bay Cemetery, Dunedin.

Monday 4 November 2024

17669 Gunner Frank (23/6/1886-27/9/1918) and 22071 Gunner Arthur George, (2/9/1895-30/11/1918) McKenzie . "influenza and pneumonia"






Mr Arthur George McKenzie, who died at Wellington on November 30, was the youngest son of Mrs E. McKenzie, 53 Howe street, Dunedin. He left with the 17th Reinforcements as a machine gunner, and saw hard fighting in France for 10 months. He was severely wounded at Messines, and was sent to Brockenhurst, where he remained for eight months. He returned home about four months ago. He had his discharge, and had just left for a position in Wellington when he contracted influenza and pneumonia. His brother Frank, who was in the New Zealand Field Artillery, was killed in action on September 1, 1918, after seeing service in France for two years.  -Evening Star, 9/12/1918.

Frank McKenzie was killed on a day when the NZ Field Artillery was firing in support of an attack near Havrincourt, France.

Arthur McKenzie joined the Machine Gunners and was wounded with a bullet in his right cheek in November, 1917. On the day of his wound his unit was setting up its defensive positions on a vital part of the Front Line, so I suspect he was hit by a German sniper. It seems not to have healed properly and he was classified as unfit for service in April, 1918.



Andersons Bay Cemetery, Dunedin.

Sunday 3 November 2024

61091 Rifleman William Gerrie, (14/5/1897-21/5/1918). "too dearly loved"


Mr William Gerrie, Dunedin, has received advice that his son, William, was killed in action on May 21. The deceased was born in Oamaru, and was educated at the Kaikorai School. Up till the time of enlisting he worked for Mr Wilson, grocer, King street.  -Otago Daily Times, 8/6/1918.



MR and MRS WILLIAM GERRIE and Family wish to THANK all kind friends for their many expressions of sympathy in the loss of their dear Son and Brother.  -Oamaru Mail, 12/6/1918.


FOR THE EMPIRE'S CAUSE

DEATHS

GERRIE.  In loving memory of our dear son, Rifleman William Gerrie, who was killed in action at Hebuturne, Somme Valley, May 21 1918; aged 21 years.

Too dearly loved to be forgotten. 

— Inserted by his loving parents, sister, and brother.  -Otago Daily Times, 21/5/1918.


William Gerrie was killed at a time when the German Army's Spring offensive had been halted and before the period of advance to the east - sometimes rapid, sometimes not - which ended in the November Armistice.  I have found no reference in the NZ Rifle Brigade's Official History to action on the day of his death.


Andersons Bay Cemetery, Dunedin.

    

John Thomson, (1873-28/3/1902). "a very restless night"

 

In the afternoon the Coroner held an inquest on the body of the late Mr John Thomson, who died in his bed at his residence in Belleknowes on Friday. Mr H. A. LeCren was foreman of the jury, and the police were represented by Constable Power. 

Isabella Thomson, wife of deceased, deposed that her husband was unwell in the early part of the week, and had had to go to bed .for a couple of days, but was well enough to go to his work on Thursday last. She met him in the evening after office hours, and walked home with him. That night they went to bed about 12, and deceased had a very restless night. About daylight he got up and said that he would go into a back bedroom, so that his restlessness would not disturb her. He told her not to wake him if he was asleep when she got up. She did not go into the room till about 25 minutes to 9, when she found that he was dead. She ran out and called some of the neighbours, some of whom endeavoured to restore animation by rubbing the body. Dr Gordon Macdonald was sent for.

George H. Thomson, brother of deceased, stated that his brother was apparently very healthy, and never knew a day's illness. He was abstemious in his habits, and seemed to do with very little sleep. He had no business worries so far as witness was aware.

Dr Gordon Macdonald deposed that he was called about 9 o'clock, and found deceased lying on the bed. Death must have taken place some hours previously, as rigor mortis had set in. The face and neck presented a congested appearance, indicating that there had been some interference with the process of respiration, otherwise the condition of the body was normal. There were no external facts to warrant him giving an opinion as to the cause of death.

The Coroner, in addressing the jury, said that he thought it much more satisfactory that the cause of death should be ascertained, and the jury would be taking a serious responsibility on themselves in bringing in a verdict without this being done. However, it was for them to say if they thought death was due to natural causes or whether it was desirable that there should be a post mortem examination made. In the event of the latter course being adopted, it would be necessary to adjourn the inquest till they learned the result.

The jury deliberated in private for a few minutes, and then returned a verdict "That there was not sufficient evidence to show the cause of death, but in their opinion there were no suspicious circumstances, and there was no necessity for a post mortem examination."  -Otago Daily Times, 31/3/1902.


Andersons Bay Cemetery, Dunedin.

2088 Sergeant Charles Edward Cook, (5/8/1877-28/5/1934). "negligence alleged"

CORPORATION EMPLOYEE’S DEATH. 

The inquest concerning the death of Charles Edward Cook, a corporation employee, aged fifty-five years and married (who was cycling along the Anderson’s Bay road yesterday afternoon when he was struck by a motor lorry, and suffered injuries that resulted in his death a few minutes later), was opened this morning at the morgue. Mr J. R. Bartholomew, S.M., sat as coroner, and Sergeant Wade represented the police. Evidence of identification was given, and the inquest was adjourned sine die.  -Evening Star, 29/5/1934.


DEATHS

COOK. — On May 28, 1934, at Dunedin (result of accident), 2/2088, Sergeant Charles Edward Cook, late N.Z.E.F., dearly beloved husband of Lavinia May Cook, 11 Lochend street, Tainui; aged 55 years. Deeply mourned. — The Funeral will leave the residence on Wednesday, the 30th inst., at 1.30 p.m., for Northern Cemetery. — Hope and Kinaston, undertakers.  -evening star, 29/5/1934.


NEGLIGENCE ALLEGED.

VAN DRIVER FOR TRIAL 

(By Telegraph. — Press Association.) DUNEDIN, this day. 

George Conway Edwards, a farmer, was committed for trial on a charge of negligently driving a motor van and causing the death of Charles Edward Cook, who was riding a bicycle when a collision occurred on May 28. The police alleged negligence in cutting a corner and failing to keep a proper lookout.  -Auckland Star, 18/7/1934.


MOTORIST ON TRIAL

ALLEGATIONS OF NEGLIGENCE 

SEQUEL TO STREET FATALITY 

Before His Honour Mr Justice Kennedy, in the Supreme Court yesterday afternoon. George Conway Edwards appeared for trial on a charge of negligently driving a motor vehicle on May 28, so as to cause the death of Charles Edward Cook. 

The accused, who was represented by Mr Warrington Taylor, pleaded not guilty. 

Mr F. B. Adams tCrowu. Prosecutor conducted the case for the Crown. 

Mr Adams said the accused was the driver of a motor lorry on the Anderson's Bay road, and was making his turn into Wharf street when a cyclist collided with the side of the accused’s vehicle and was killed. The cyclist could not have seen the lorry. The accused, in his statement to the police, said he did not sound his horn, although he saw the cyclist coming. It seemed to be a case of a life being saved if the accused had given a warning blast of his horn. It was incumbent upon the accused to warn the deceased. This he had not done. The standard of care insisted upon in those controlling motor vehicles was necessarily a high one, and he would like to point out that the responsibility for keeping this standard at a high level rested largely with the country’s jurors. If they were satisfied at the conclusion of the case that there had been a dereliction of duty, they must convict the accused. They were not asked to find gross negligence, but merely from the simple evidence that would be tendered, to determine whether all necessary care had been taken by the accused to avoid an accident. 

John Redvers James Ashton, a gardener, said he knew the deceased, and had seen him on the afternoon of May 28. He was then in good health, and sober. Witness lent deceased a rake, and tied it to the top bar of his bicycle. As far as witness knew, the accused’s eyesight was not seriously defective, although he wore glasses. The bicycle and rake produced in court were those which the deceased had in his possession when he left witness. The bicycle was a borrowed one.

To Mr Taylor: Cook’s own cycle had different handle bars from those on the bicycle produced. Witness tied the rake on the cycle for the deceased. The handle bars on the cycle produced would be a good deal lower than those on Cook’s own bicycle.

Henry Louis Paterson, surveyor, produced a plan of the intersection of Anderson’s Bay road and Wharf street. It was an accurate plan, showing the exact angle at which Wharf street joins the Anderson’s Bay road. Witness visited the scene of the accident on the following day and observed a dark stain on the pavement which he took to be blood. The distance from the mark to the kerb was 10ft 2in. Witness gave evidence of other measurements and distances recorded by him. 

Detective-sergeant Doyle said he was an eye-witness of the accident, which gave rise to the charge. He saw a motor truck cutting a corner as it turned into Wharf street. The driver did not maintain his position to the left of the centre line of the road out of which he was turning. By failing to do so he broke the regulation with regard to “cutting a corner.” Witness noticed a cyclist coming towards Anderson’s Bay road. He was clearly visible to witness, and visibility was bright. The cyclist was riding towards the rear side of the truck with which he finally collided, being thrown violently forward. The upper portion of his body seemed to .strike about the driver’s seat. He was then thrown back on to the road. The back wheel of the truck did not pass over deceased's body. When witness went to the injured man he found him suffering from a gaping wound on the jaw. He appeared to be lifeless. After the collision the truck proceeded for about 10ft into Wharf street and then stopped. A portion of a garden rake was still tied to the bicycle, but a length of handle had been broken off. There was blood streaming from the wound and running into the channel. Witness measured the distance between the blood and the kerb, and found it to be 10ft 2in. The truck's wheel tracks were visible at the time of the accident. Witness pointed out to the accused at the time that he had cut the corner, but the accused made no reply. There was no other traffic about and as far as witness could see there was nothing to obscure the accused’s view of the cyclist. There were marks on the truck to indicate where the deceased had struck the vehicle, and his hat and spectacles were inside the truck. The cyclist just prior to the collision was sitting upright on his bicycle. The truck and the bicycle seemed to be going about the same speed in his opinion about ten to twelve miles per hour. Witness heard no sound of a warning blast from the horn of the truck.

To Mr Taylor witness said the deceased’s injuries, would probably have been less serious had he struck a flat surface on the truck instead of a projection. Witness saw no marks that would indicate that the cyclist had applied his brakes. There was no doubt in his mind that it was the cyclist who collided with the truck. Witness understood that the accused had had no previous convictions with respect to driving. 

At this stage the court adjourned until this morning.  -Evening Star, 25/7/1934.


NEGLIGENCE NOT PROVED

VAN DRIVER ACQUITTED 

Fatal collision at wharf street. 

A verdict of not guilty was returned in the Supreme Court to-day on the charge against George Conway Edwards of, on May 28, negligently driving a motor van so as to cause the death of Charles Edward Cook. The fatal accident occurred at the corner of Wharf street and Anderson’s Bay road. 

Mr Justice Kennedy presided, and the accused, who had pleaded not guilty, was represented by Mr W. M. Taylor. Mr F. B. Adams (Crown Prosecutor) conducted the Crown’s case. The hearing of evidence commenced yesterday.

Evidence was given by Detective J. C. Russell (a passenger in Detective-sergeant Doyle’s car), and Dr W. B. Hiett (a house surgeon at the Dunedin Hospital), and James Erie McFall (an engine driver who followed the van into Wharf street). The last witness said he was not prepared to swear that he heard the horn sounded as the van made the turn. 

Constable Holder read a statement in which the accused admitted that he did not sound his horn before turning, and claimed that he entered the intersection on the middle of the road. 

Addressing the jury, Mr Adams said there was no evidence that the accused should not have seen the cyclist, in fact, accused did see the deceased at a distance of 30ft, and the duty was incumbent on the accused to watch the cyclist, as, if the courses were held, a collision was imminent. Edwards knew that, from a distance of 30ft to 2ft away the cyclist had not seen him. A single touch of the horn button would have saved the cyclist’s life. It was a moral and legal duty of the driver to give a warning or even to have pulled up. A man who would not take such a precaution to save life was guilty of negligent driving. To see an elderly man in the dock on such a charge was unpleasant, but they should remember that the standard of driving on the loads depended on the verdict of juries. 

Mr Taylor, in his address, first drew His Honour’s attention to a case (Canning V. the King), on which he relied as his authority on the law of cutting a corner. 

His Honour said he knew the case, as he was engaged in it. 

Mr Taylor said gross negligence was failure to exercise reasonable care, it the jury were satisfied that the accused used reasonable care they should acquit him. There were thirty-two pages of motor regulations, and the accused would have been super-human it he had observed every regulation. He was not required to take every precaution that was humanly possible. As to cutting the corner, the corner was wide, and an open view was presented down Wharf street, on which there was no trafflic with which accused could collide. He had not been negligent in cutting the comer, for the marks of traffic showed that the average reasonable man cut the corner when turning into Wharf street. By doing so, the accused did not make matters any more difficult for the cyclist, who was given a greater opportunity of seeing the van and or avoiding the collision than if the van had been on its correct side. Further, he submitted that the real cause of the accident was the failure of the cyclist to observe the truck, into the side of which he rode. Deceased was riding a strangle cycle, and the low handle bars would cause his position to be such that the low-brimmed hat would shade his eyes. A rake was protruding in trout of the cycle. The evidence was that the deceased did not swerve, but rode into the truck. Counsel submitted that the accident would have still happened it the accused had been on his right side of the road. The accused used every care. He was driving at an extremely low speed, and put out his hand to indicate that he was turning into Wharf street. The mere fact that he did not see the cyclist at the earliest opportunity was not negligence, as one of the police witnesses had not see a cyclist following the course of the van. The accused was legally entitled to assume that the cyclist would observe a watch to avoid danger. The slightest swerve on the part of the cyclist would have taken him behind the truck. They were not dealing with a reckless driver; but a man who drove with care. The accused was charged, not with a breach of the regulations, but with a serious crime, on which, counsel submitted, the evidence was abundantly clear to warrant an acquittal.

After His Honour had summed up, the jury retired at 11.45 a.m., and returned at 12.20 p.m. with a verdict of not guilty. 

The prisoner was discharged.  -Evening Star, 25/7/1934.


Northern Cemetery, Dunedin.