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.

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.

8/4049 Private William Wilson (5/7/1888-15/9/1916) and 12517 Private Benjamin (1876-7/6/1917) Waby. "carry on"

The weather broke fine on the morning of September 15th. Zero hour was fixed at 6.20 am., and by 6 o'clock all ranks had breakfasted and were fortified by a stout issue of rum. In order as far as possible to conceal from the enemy the hour of attack there was no increase of our artillery fire immediately before the assault was timed to commence. Shortly after 6 o'clock three distinct lines of troops of the 2nd Battalion of Otago, which in conjunction with the 2nd Battalion of Auckland was to open the New Zealand Division's attack, had formed up in front of the new Otago Trench at intervals in depth of about 50 yards, and a fourth line was in Otago Trench itself.

Zero hour, 6.20 a.m., was the common signal for a mighty effort on the part of infantry and artillery. An intense and hurricane-like barrage of field artillery instantaneously broke out along the line; the great howitzers in the rear, hitherto firing but intermittently, now burst forth in extreme violence, and the anxiously awaiting lines of infantrymen stepped forward as in one accord and moved straight to their task. But the advancing waves had not proceeded far before officers and men began to drop from the ranks, for heavy machine gun fire was coming from the left and from the front of High Wood.  -Official History of the Otago Regiment.

DEATH.

FOR KING AND COUNTRY.

WABY, WILLIAM WILSON, officially reported killed in action in France on 15th September, 1916, third son of the late Cooper and Fanny Waby.  He died for the sake of those he loved. -Evening Star, 20/1/1917.

Wiliam Waby's death was the verdict of a Court of Enquiry and the circumstances around it are detailed below.

FALLEN NEW ZEALANDERS.

PRIVATE BENJAMIN COOPER WABY. 

Private Benjamin Cooper Waby, reported killed in action in France at the taking of Messines, was the eldest son of the late Mr Cooper, Waby and Mrs Fanny Waby, of Roslyn. He was born at, Dunedin in the year 1876. He was educated at the George Street School, and after leaving school joined the wholesale jewellery firm of D. Benjamin and Co., with whom he served his apprenticeship, and remained in their employ for many years afterwards. The deceased was in later years in business on his own account in George street. He subsequently went to Invercargill to manage a business there, but returned to Dunedin, and enlisted with the 12th Reinforcements. He left New Zealand in the early part of last year, and fought at the battle of the Somme. In a letter received this morning by his sister, Mrs V. Sykes, of No. 225 High street, dated May 1, the deceased speaks of the beautiful May Day in France, although the effect was somewhat marred by the continual roar of the guns. He also speaks of the glorious coming of the spring, as the soldiers were longing for a glimpse of the warm sunshine. When the deceased wrote this letter he had just come from the front line trenches for a short spell, on account of an attack of dysentery. He, however, was evidently only on leave a very short time, as he was killed a few weeks later. Private Waby was well known throughout this city as a man of a very bright and jovial nature, and was very popular with all with whom he came in contact. Ho was a good all-round sportsman, and took a very keen interest in football. The deceased soldier leaves a wife and a large family. The Waby family have shown a true patriotic spirit, as altogether three sons have given their services to King and country. The third son, Private William Wilson Waby enlisted with the 10th Reinforcements. This soldier was reported wounded on September 15 last year, was later on reported missing, and as the result of a court of inquiry was supposed to have been killed through the bursting of a shell while at the dressing station. His younger brother, Corporal George Chester Waby also enlisted in the 10th Reinforcements and the brothers were together all through the Somme fighting. Corporal Waby saw his brother William fall in action, and as the latter fell he called out to George to "carry on." Private William Waby was educated at the Kaikorai school, and was a prominent member of the Kaikorai Football Club. So far as is known, Corporal George Waby is safe The latter was only 21 years of age last December, and gained his stripes on the field.  -Evening Star, 28/6/1917.

DEATHS

FOR KING AND COUNTRY

WABY — On June 7th, 1917 (killed in action), Benjamin, beloved husband of Gertrude Waby; aged 40. For those he loved.  -Evening Star, 23/6/1917.

Benjamin's Army record shows an interesting event in his military career.  He reached Britain as a member of the NZ Rifle Brigade and, in September 1916, went absent without leave for 21 days.  He was posted as a deserter and, presumably on his return, transferred to the wellington Regiment.  His record does not show what punishment - and there was surely some - was administered.

Benjamin died on the first day of the Battle of Messines.

Andersons Bay Cemetery, Dunedin. DCC photo.

Henry Burton, (1904-2/9/1908). "to hear the cable rattle"

A CHILD KILLED.

DUNEDIN, Sept. 2. An accident occurred at the Kaikorai tram terminus this afternoon, whereby a child named Henry Burton, aged 4 years, son of George Burton, gripman on the Roslyn tram line, was killed. The tram reached the terminus about 4.20, and while the officials were preparing for the return trip to town the child must have got in front of the car looking through the slot in such a position that the driver, could not see him. The child was extricated in a few minutes, but life was extinct.  -Wanganui Chronicle, 3/9/1908.

Deaths.

BURTON. — On the 2nd September (by tram accident), Henry, the beloved son of George and Agnes Burton; aged 4 years. Deeply regretted. — Private interment.  -Evening Star, 3/9/1908.

THE KAIKORAI FATALITY

THE INQUEST.

An inquest as to how the lad Henry Burton came by his death was hold by Mr C. C. Graham, coroner, and a jury of six, of whom Mr George Beath was chosen foreman, yesterday afternoon. Mr J. C. Stephens appeared for the Dunedin-Kaikorai Tramway Company. 

Dr Watt stated that between 4.30 and 5 p.m. on Wednesday he proceeded to the Kaikorai tram sheds and saw the body of deceased. He examined the body, and found a large wound on the side of the face, and a large wound on the back of the skull. There were compound fractures on the right thigh and the left upper arm, and a large, deep wound extending the whole length of the left side. These were sufficient to cause instantaneous death, and were such as would be caused by being run over by a tram car. 

Martha Ada Ramsay said deceased was the son of George Burton, who was an employee of the Roslyn Tram Company, and resided at Kaikorai. Mrs Burton was at witness's house on Wednesday, and deceased was with her. The child was four years old. Witness's residence was close to the tram terminus, and she and Mrs Burton were in the house when a child came running in and said that deceased was run over. The child Burton had gone out with another child on a message. Witness and Mrs Burton ran out to the shed at once, but did not see deceased, who had been carried into the shed. The doctor was called, but the child was dead.

Robert Forsyth, gripman on the Dunedin-Kaikorai tram, said that on Wednesday he was in charge of a tram arriving in the Valley at 4.20 p.m. They returned almost immediately on arrival. Witness had the gripper ready to start, and had got about two car lengths when the car jumped off the rails. Witness stopped the car and got out to see which side he had got off the rail, thinking he had caught the points. He looked underneath the car, and saw the little boy there. He ran for help, and the car was lifted, and witness took the body out. The child was quite dead. Witness was of opinion that the boy was pushed along in front of the car, got under it, and that his leg getting on the rail put the car off. The child must have been close to the car when it started. There were marks on the ground showing that the child had been pushed along. If the child had been close up to the car witness could not possibly have seen him. 

Replying to questions put by Mr Stephens and others, Witness said the bell was rung when they got down to the terminus, when they got ready to leave, and just at leaving. He never left the car. They had not time to leave the car at that time of the day. It was a quick serivce. His attention was directed to the front of the car, so that had the boy been in his (witness's) line of vision he could not have failed to see him. He did not see the child when coming down to the terminus, but he saw him at halfpast 3. A little .boy sat on the buffer at the back of the car on that occasion, but it was not deceased. This boy dropped off when the car started. The conductor started the car from the back. The gripman was responsible for the points being right, but he could not see the points from where he stood, They ran very slowly until they got past the points. 

Thomas Joseph Clarkson (conductor) said he was on the car of which the previous witness was gripman. He confirmed the evidence given by the gripman, and said it was not usual for the conductor to go forward and see that the points were right. The line was clear when the car came down. He saw nothing of the child. How he got there he did not know. Witness felt the bump when the car went off the rails, and he went to get the jack to lift the car. The gripman was looking under the car, and sang out that there was a child there. Witness assisted to got the body out. There were passengers on the car, one being in front; but none of them saw anything of the child. There were 20 or 30 boys playing about there, and deceased might have been amongst them. They were bothered with the boys every day, and had to chase them for riding on the back of the car.

The local constable stated that another boy named Scott had been with deceased, and had said that deceased got down in front of the car to hear the cable rattle.

Harry Sawyers, called by Mr Stephens, said he was a conductor on the Dunedin-Kaikorai line. His car got to the Kaikorai at 3.40 p.m. At the terminus the driver and witness went into the waiting shed, and there saw two little boys with a tricycle. They were playing about, and witness told them they had better get away home. He fixed the seat of the tricycle. One of the boys was (the) deceased. Two women came over to the shed, and one tied up the boy's boot. Witness told them they had better take the boys away or they would be getting hurt. It was Mrs Burton that witness spoke to.

Mr Hunter (tramway manager) stated that in ordinary working the gripman could see the points, but with another car there he could not. 

The Coroner expressed the opinion that the jury could come to no other conclusion than that death was due to pure accident, and he did not think blame could be attached to anyone. If the conductor had taken a look in front of the car he might have seen the child, but Mr Hunter had explained that the running was so fast there was no time to go round to the front. He (the coroner) did not know whether any further precaution would be taken to see that the line was clear, but he did not think the jury could come to any oilier conclusion than that the child was unfortunately overrun by the tramcar, and that no blame was attachable to anyone. The jury, without retiring, returned a verdict to that effect.  -ODT, 4/9/1908.