Lionel A. COLE

Two Escape From Burning Car

Lithgow, May 26: A man and woman crawled clear of their car as it burst into flames after turning a somersault on the Mudgee Road.

The victims, Walter Cate, a school teacher at Kandos Intermediate High School, and Miss Iris Joyce Mayne, of Matraville, were taken to Portland Hospital and treated for multiple abrasions and shock.

The car was destroyed.

Cate told Constable L. Cole of Cullen Bullen, that the car got out of control when a rear tyre blew out two miles past Capertree (sic) ( Capertee ) on the road towards Kandos.

SERIOUS CHARGE AGAINST MAN

Three serious charges — two of them capital offences were laid against a Tyldesley man in this morning’s court at Portland in respect to offences on a six-year old girl.

The man, William Gordon McCann (46), of Tyldesley, was remanded to appear before Mr. K. M. Dash, S.M., at Portland court on February 5.

He is charged with having raped, indecently assaulted and carnally known a girl under ten years of age.

Two justices of the Peace, Messrs. T. J. Sophios and R. J. Cullen sat on the Bench.

Bail was refused.

McCann was arrested by Sergeant P. McGovern, of Portland and Constable L. Cole, of Cullen Bullen, defendant being charged in court by Detective Theo Stephenson, ( “possibly” NSW Police Cadet 0304 who joined in 1941 ) of Lithgow police.

Cullen Bullen Man Not Guilty of Manslaughter

In the Bathurst Quarter Sessions this week a jury found a man not guilty of slaying a retired miner whom he ran over in a utility truck after having been struck on the head and “knocked silly” with an iron bar and a broom during a domestic brawl near Cullen Bullen on May 24. The dead was was Charles Livingstone Gardiner who had been hurrying along Cemetery Hill, on the Mudgee-road, to ask police at Cullen Bullen to break up a brawl at the home of his neighbor.

The man involved in the brawl, – John Joseph James Collins, (39), bathroom attendant at Wimpey’s open cut mine, Ben Bullen, was before the Session charged with the manslaughter of Gardiner whom he ran into and hurled 20 feet off the road. Police alleged Collins had been under the influence while driving his utility.

Collins, who was represented by Mr. Frank Hidden, Sydney barrister, denied the drunken driving allegation; but said he had been given some doped beer at Cullen Bullen and later, at his father’s home, became involved in an argument with his father and hit him over the head with an iron bar. Blood flowed so he left the house and drove towards Cullen Bullen.

After a retirement of almost five hours the jury returned a verdict of not guilty following evidence extending over two days.

Collins pleaded not guilty to the manslaughter of Gardiner. The Crown alleged that Collins, as the driver of the vehicle, was guilty of criminal negligence.

Prior to considering the facts at the conclusion of evidence the jury inspected two vehicles involved in the fatality.

The Crown and defence each challenged three jurymen.

Crown’s Allegations

The charge of feloniously slaying Gardiner, said Mr. O’Toole, the Crown Prosecutor; was one dealing with criminal negligence.

He said the deceased came on to the road, waving a lamp. A Mr. Goodair stopped his car, Gardiner came to the car and stood on the inside of the vehicle on the drain of the road. The car, he said, was well illuminated.

While there, Collins drove between the drain of the road and on the inside of the car, knocking down Gardiner and killing him, it would be shown, said Mr. O’Toole.

It was contended Collins drove his car in such a way as to display recklessness, and the Crown would contend he was guilty of a very high degree of negligence, said Mr. O’Toole.

Edwin John Goodair, of Ben Bullen, said on May 24 he was on his way to Lithgow. At the foot of Cemetery Hill, about 1.5 miles from Cullen Bullen, he saw Gardner (deceased) standing on the roadside, waving a hurricane lamp.

Well illuminated

“I ‘ pulled up and stopped my car with the nearside wheels off the bitumen, and on the gravel of the roadway,” he said.

His car was well lighted, and the headlamps were left on. There was an interior light on, all the time the car was stopped.

“Gardiner was ta1king through the passenger side of the car. About five minutes after pulling up, deceased stepped back from the vehicle.

“I felt a bump, but heard no warning beforehand. The bump came from where Gardiner was talking. A utility shot through where Gardiner was. He was thrown about 20 feet.

“Accused who pulled up and came back, spoke to me and said ‘where are your signals,’ and I said ‘signals — I’ve been here five minutes,’ he said, ‘don’t get angry with me,’ and I said, ‘don’t get angry, and you’ve just killed a man.’

Later witness said he went to the police station.

Car Moved

Goodair, to Mr. Hidden, said he moved his car before the coroner came back, but was not told to move it.

Ivy Olive Goodair, wife of the previous witness, said she was sitting in the front seat of the car alongside her husband. She corroborated his evidence.

She said she heard a car coming from behind, but no horn sounded.

“Next thing, a car came on the wrong side of us. Our car was bumped. I did not see what happened to Gardiner, when the car passed we got out and went to Gardiner, but he was dead.’ she said.

She also said her husband was told , not to move his car.

Zelma Elaine Collins, of Cullen Bullen, said she was a sister of the accused. She said she was in Goodair’s car.

On the night of the fatality, there was an argument at her home.

Under the cross-examination of Mr; O’Toole, she, said about 6.30 p.m. on May 24, her brother was “in a very bad way.”

“He’d had a few drinks,’ she admitted under further questioning. Collins said she went to Gardiner’s to get help.

“He said ‘I won’t go up, I’ll go to Cullen Bullen with you, to get Mr. Cole.’

“I got into Goodair’s car on the driver’s side, because the nearside door was jammed.

“I saw lights coming, and heard the other car bash into Goodair’s car. It was my brother in the other car,

Hit With Iron Bar

“I eventually got a ride into Cullen Bullen in another car.” Gardiner, said witness had “had a few drinks” that night.

Witness said her brother was hit on the head with an iron bar. “It made him quite silly,” she said to Mr. Hidden.

Mr. O’Toole: “Who hit him — my father.

Mr. O’Toole: Where was his wife while all this was going on — under Dad’s bed!”

Mr. Hidden:- You gave him a pretty good whack too. — Yes.

A deposition by Garth Jowett London Phillips, medical practitioner, said Gardiner died from severe cerebal (sic) haemorrhage, as the result of a fractured skull and other extensive injuries were also outlined.

Police Evidence

Constable L. A. Cole, of Cullen Bullen, said he saw Collins (accused) about 5p.m. He was observed to drink two middies of beer. He again saw him about 7 p.m., . when he alleged Goodair ran into his car.

“At 7 p.m. Collins was staggering, he was thick of speech and under the influence of liquor,” said Cole.

Cole said next day “Collins complained about injuries.. However, to Mr. O’Toole, witness said he believed Collins understood the questions, and gave intelligent answers.

Constable Cole told Mr. Hidden; Collins persisted that Goodair’s car was moved.

Constable T.A. Chaseling, ( most probably Trevor Allen CHASELING, NSWPF – Cadet # 0487 – joined in 1944 ) of Lithgow said that he met Const. Cole on the, Mudgee-road at 9.15 p.m. following the accident.

“I saw accused in the cell at the Cullen Bullen police station. He was under a blanket and when I helped him to his feet, he staggered about,” the constable deposed.

There were signs that Collins had been sick in the cell.

Requested Doctor

Asked by Chaseling if he had been drinking Collins said he had four “middies’ at Cullen Bullen late in the afternoon. He was then charged with driving under the influence.

Accused requested a doctor but none was available.

Const. Chaseling gave evidence of the examination of accused’s utility, the deceased, the scene of the accident and Goodair’s car.

On the day following his arrest, the accused admitted having two beers at Portland in addition to the four beers at Cullen Bullen on the day previous.

Mr. Hidden (for the defendant) You expressed, an opinion here as to accused’s state of sobriety, do you claim to be an expert — No.

Accused’s injuries were obvious? — Yes

He told you he had been hit on the head with an iron bar? — I learnt that the following day.

How long have you been in the police force? — Seven years.

Do you know that during the time you have been in the force a number of perfectly sober men have been arrested and died in the cells in Sydney from concussion? — I have not heard.

At Lidcombe ? — I have not heard.

Don’t you think accused’s condition following the accident was the result of the severe head injury suffered when he was struck by the iron bar ? — No, it might have been a contributing factor. Accused was under the influence.

What are your reasons for saying he was under the influence ? — Accused smelt of liquor his eyes were bloodshot and he was unsteady on his feet.

If a man was perfectly steady on his feet but his eyes were bloodshot and his face was flushed, would you arrest him for driving under the influence ? — Yes, if his breath smelt of liquor.

Evidence By Defendant

In evidence, in reply, accused, from the witness box, said he had a total of six beers during the afternoon of May 24.

“The four bears I had at Cullen Bullen tasted rotten and I have been told that beer had been doctored with spirits.”

“Six beers is more than I usually have. I usually have four beers at the outside.

I went to my father’s home where there was an argument during which I was struck over the head with a stove scraper and with a broom.

“There was a lot of blood.

“I left my father’s house at about 6.30 and as I drove towards Cullen Bullen I saw two white lights. I thought I had a clear road and drove through on the left of the lights. I felt a bump but did not realise what had happened.

Liquor Not Cause

The accident was not caused by liquor but by the blow received from the iron bar and the loss of blood.

“I complained both to Const. Cole and Const. Chaseling.

Mr. Hidden: Do you still believe that you passed a car facing on its correct side in the direction of Mudgee — Yes, I saw two white lights and thought I had a clear road.

Under cross-examination accused said that when he heard the bump, he had not know he had struck Gardner.

Mr. O’Toole : Are you now satisfied that it was your truck which struck deceased? — Yes. Collins said he did not say he recalled getting into his truck after being struck on the head with the bar.

“I saw two white lights which I took for the parking lights of a stationary vehicle on my right,” he said.

Mr. O’Toole, C.P. : – You had had a lot of drink that night, there was a row at your father’s home ? — I had six beers, there was a bit of a row.

Told Whisky Put Into Beer.

Accused said he could not recall telling Const. Cole that Goodair’s car had struck him nor asking Goodair where his handsignals were immediately after the accident.

Mr. O’Toole: You have been told that the publican put whisky in your beer ? — Yes, I have been told that.”

A fair amount of whisky ? — Yes.

But you’d know the difference in taste between plain beer and beer to which a ” fair amount of whisky” had been added ? — Not at Cullen Bullen, you’re likely to get anything there.

You claim that you were affected by the beer and whisky ? — To some extent. The bashing I got affected me most. Ifelt pretty crook after I was hit on the head.

“I still believe that Goodair’s car was facing in the direction of Mudgee and was shifted after the accident;” Collins said.

Accused’s wife Iris Kathleen Collins, said she and her husband had been to Bathurst on May 24 and on the way back stopped at Portland and Cullen Bullen.

Did Not Hear Threat

“He then drove to my father’s home travelling quite safely and steadily,” witness said.

“When he received the blow on the head he seemed to lose control of his mind and wandered round in a daze.

Mr. O’Toole: Your husband’s younger sister ran away from the house because he threatened to kill her ? — I didn’t hear him threaten her.

Did you get under a bed at any time during the row ? — No, I was in the bedroom but not under the bed.

Arthur Mathew Harrison, of Cullen Bullen, identified photographs taken by him at the scene of the accident. The photographs were objected to by Mr. O’Toole and withdrawn by Mr. Hidden.

In his summing up His Honor (sic) defined the degrees of negligence and the association with criminal negligence.

Brevities.

Constable L. Cole, of Cullen Bullen police, was admitted to Portland hospital today where he will undergo treatment for a month. He will be relieved from Lithgow by Constable G. W. Workman. ( possibly Q 9195 who was a ProCst on18 Feb 1911 )

Cullen Bullen Bushfire Has Burned Out

A bushfire which had raged for more than a week in the Cullen Bullen area appeared to have burned itself out last night after open cut personnel had done excellent work in the initial stages controlling the blaze.

Volunteers, urgently called from open cuts and mining firms in the area, fought the fire for more than two hours, last week to prevent fierce flames from engulfing a residence.

Constable L. Cole, of Cullen Bullen police, issued a call for volunteers early last Thursday afternoon when flames threatened the McMurdoe’s residence.

Cullen and Tyldesley residents, employees from Wimpey, an English coal firm, Delco open cut, Beaumaris open cut and Renown siding, fought for more than two hours before the flames were brought under control.

A bulldozer, supplied by Mr. H. Watson, of Baumaris mine, was utilised to construct fire breaks around other cottages which the fire was approaching.

Judging by signs of smoke, there was a possibility of the fire flaring up again towards Ben Bullen, but the fire on the hill adjacent to the Mudgee-road had burned itself out.

Police expressed appreciation of the assistance given by more than 35 volunteers.

PERMIT OFFICERS

Four letters dealing with permit officers were before yesterday’s meeting of Bathurst P.P. Board.

The Department of Agriculture advised that Mr. J. W. Richardson, of William Street, Bathurst, has been appointed a permit officer. Mr. J. Dorner, of Newnes via Lidsdale, resigned.

He said he was about to leave the district. He added that Webb Bros., three miles from his locality, issued permits.

Mr. J . T. Hunter; of “Glenrock,” Rydal asked to be appointed a permit officer. This will be recommended by the Board.

Constable L. A. Cole of Cullen Bullen declined the office.

https://trove.nla.gov.au/newspaper/article/161405735

SEEKING FURTHER MEDICAL ATTENTION

Constable L. COLE, of Capertee who was recently severely injured when he sustained a fall from a motor bike has left Portland hospital and gone to Sydney for further treatment. It is expected that it will be some time before he will be able to resume duty.