FATAL ACCIDENT
CAR DRIVER CHARGED
INTOXICATION ALLEGED
(O.C.) BALCLUTHA, Apl. 17.
In the Magistrate's Court in Balclutha to-day Ivan Ballantyne Edwards, a slaughterman, employed by the South Otago Freezing Company, Ltd., was charged with being intoxicated in charge of a car, thereby causing death, and with negligent driving thereby causing death. The charges arose as the result of a fatal accident on the Main South road near Balclutha early on the morning of March 17, when a car, owned and driven by the defendant, ran off the road and up a bank before overturning and killing the only passenger, Edwin Howard Scully. The defendant was represented by Mr J. T. Walter and Senior Sergeant D. Vaughan prosecuted. Messrs W. Roy and J. R. Copland, justices of the peace, were on the bench.
Constable W. S. Boyle (Balclutha) stated that, when he arrived at the scene of the accident about six miles and a-half west of Balclutha, he saw a car leaning against the bank of a cutting on its incorrect side of the road. The body of the deceased was lying on the road, and the defendant was standing a little distance away, his hands in his pockets, and his body swaying. The defendant admitted having two or three beers. At witness’s request. Dr W. L. Dodds had examined the defendant at the scene of the accident. Later, at the Balclutha Police Station, another sobriety test had been made by Dr D. M Frengley.
Witness said that in a statement the defendant, while admitting that he himself had taken three or four bottles of beer when he and the deceased set out the previous afternoon for the Waiwera sports, had denied that Scully had contributed any liquor. Later, the defendant had admitted that the deceased had put a five-gallon keg of beer in the car. Further, the defendant had admitted having hidden the empty keg in a paddock near the scene of the accident and the keg had since been recovered. The beer had been consumed at Waiwera.
To the bench, witness stated that when he first saw the defendant after the accident he could not say whether or not Edwards was in a fit state to drive a car, but he had formed the opinion that the defendant was under the influence of alcohol.
Medical Evidence
Dr William L. Dodds stated that on the night of the accident driving conditions were very bad owing to heavy fog He had received an urgent call to the scene of the accident, and on examining the deceased had found that death was due to a fracture of the base of the skull and lacerations of the brain. After examining the defendant, he had formed the opinion that Edwards at that time was not intoxicated, but was suffering from shock. - Edwards had appeared to be very upset at the death of his friend, but had given a logical account of the events leading up to the accident.
Dr Edwin M. Frengley, who examined the defendant about two hours later at the Police Station, stated that in his opinion Edwards at that time was in a fit state to drive a motor car, but that it would be mere guesswork to say what the defendant’s condition had been an hour or two earlier.
James Alexander Shanks, a farm labourer, of Warepa, stated that he had had a few beers at Waiwera with Edwards and Scully. He had seen the defendant after the dance, which finished at midnight, and would say that Edwards was then sober.
Murdoch Campbell, store manager of Balclutha, said that when he was returning from Invercargill in his car the defendant had signalled the car to stop. Witness, his four passengers and the defendant had extricated Scully’s body, which had been pinned beneath the car. Edwards had been visibly shocked when told that his friend was dead.
Committed for Trial
Evidence by Constable G. Claridge, police photographer, of Dunedin, and William N. Taylor, county traffic inspector, of Clinton, concluded the case for the prosecution. Edwards, who pleaded not guilty and reserved his defence, was committed for trial at the Supreme Court, Dunedin, bail being allowed at £100, with one surety of £100. -Otago Daily Times, 16/4/1946.
In those days, before breath testing for alcohol, proving that a driver was under the influence was more difficult for the purposes of evidence at trial. Thick fog and carelessness ere blamed by the defence, and Ivan Edwards was found not guilty.
FOR THE EMPIRE’S CAUSE
In Memoriam
SCULLY. — In fond and loving memory of my beloved son, Private Edwin Howard Scully, who was killed on March 17, 1946.
The wound is deep, it will not heal, But Jesus knows just how I feel;
He’ll smooth the path beneath my feet, And guard my loved one till we meet.
God gave me strength to bear it, And courage to fight the blow:
But what it meant to lose him No one will ever know.
— Always remembered by his loving mother
SCULLY. — In loving memory of my dear brother, Eddie, who was killed on March 17, 1946.
“Ever remembered.”
— Inserted by his sister and brother-in-law, Elma and Fred.
SCULLY. — In loving memory of my dear brother. Private Edwin Howard Scully, who was killed, March 17, 1946.
A day of remembrance sad to recall. Of the dear one missed by us all;
Beautiful memories, fond and true, Will ever remain, dear Eddie, of you.
Deep in our hearts you are living yet; We loved you too dearly ever to forget.
— Inserted by his loving brother and sister-in-law, Jack and Mavis, and family, Greymouth.
SCULLY. — In loving memory of my dear brother, Private Edwin Howard Scully, who was killed on March 17, 1946.
Gone is my brother I loved so well; How much I miss him no one can tell.
Deep in my heart a memory is kept, I will always remember when others forget.
— Inserted by his loving; brother, Jim.
SCULLY. — In loving remembrance of dear Eddie, who died (result of accident), March 17. 1946. "Always remembered.’’
— Inserted by his loving brother Len. and sister-in-law, May.
SCULLY. — In fond and loving memory of our dear brother Eddie, who was killed in motor accident at Balclutha on March 17, 1946.
No more to see his smiling face Or hear him say “ Hullo ”; It came a shock we did not expect, A hard and bitter blow.
What happy days we once enjoyed, When we were all together: How sad and changed it all is now Since he has gone forever,
If all the world were ours to give. We’d give it, yes, and more. To see the face we loved so much come smiling round the door.
— Inserted by his loving sister Lill, and brother-in-law Leo.
SCULLY. — In fond and loving memory of our dear brother, Eddie, who was killed in a motor accident at Balclutha on March 17, 1946
Dearer to memory than words can tell, Is the brother we lost and loved so well.
Kind, unselfish, a brother so true, Our dearest possessions are memories of you.
— Inserted by his loving sister, Voilet, and brother-in-law, Wally, and wee Marlene.
SCULLY. — In sad and loving memory of my dear uncle, Private Edwin Howard Scully, who was killed on March 17. 1946.
His loving smile, his cheery ways, Loved and remembered by me always.
— Inserted by his loving niece, Mavis. -Otago Daily Times, 17/3/1947.
IN MEMORIAM
SCULLY. — In sad and loving memory of my dear son. Private Edwin Howard, who Was killed on March 17, 1946.
My heart still aches with sadness, My eyes shed many a tear;
God only knows how I miss you, Eddie, As it ends this second sad year.
Time cannot heal my aching heart, Or from my memory tear
The face and form I loved so well; It will dwell for ever there.
The rolling stream of life goes on, But still the vacant chair
Recalls the love, the smile, the voice Of one who once sat there.
— Inserted by his loving mother.
SCULLY. — In sad memory of my dear brother, Edwin Howard, who was killed on March 17. 1946.
‘Tis sweet to remember a brother so dear, Though absent from us, yet ever so near;
Unseen by the world, he stands by our side, And whispers, “ My loved ones, death cannot divide.”
— Inserted by his loving brother and sister-in-law." Jack and Mavis, West Coast.
SCULLY. — In loving memory of my dear brother Eddie who was killed on March 17, 1946.
You are not forgotten, dear Eddie; Nor will you ever be.
As long as life and memory last, I will remember thee.
— Inserted by his loving brother, Jim.
SCULLY. — In loving remembrance of dear Eddie, died result of accident, March 17, 1946, Balclutha.
— Inserted by Len, May and family.
SCULLY. — In fond and loving memory of our dear brother, Eddie, who was killed in a motor accident at Balclutha on March 17, 1946.
No more to see his smiling face Or hear him say “Hallo.”
It came a shock we did not expect: A hard and bitter blow.
What happy days we once enjoyed, When we were all together;
How sad and changed it all is now, Since he has gone for ever.
If all the world were ours to give, We’d give it, yes, and more
To see the face we loved so much, Come smiling round the door.
— Inserted by his loving sister and brother-in-law, Lill and Leo.
SCULLY. — In loving remembrance of dear Eddie who died (result of accident) March 17, 1946. Always remembered.
— Inserted by his loving sister. Violet, and brother-in-law, Wally, and wee Marlene.
SCULLY. — In loving memory of my dear Uncle Eddie, who was killed on March 17, 1946.
His life a beautiful memory. His death a silent grief;
He sleeps in God’s beautiful garden, In the sunshine of perfect peace.
— Inserted by his loving niece, Mavis. -Otago Daily Times, 17/3/1948.
Balclutha Cemetery.
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