George Henry GERBING [4565]

  General Notes:

The Dandenong Journal (Vic. : 1927 - 1954) Wed 6 Jul 1949 Page 2 NOBLE PARK.
NOBLE PARK.
(By "Stroller")
CONDOLENCE is extended to the Gerbing family in the tragic death of their son, George, last weekend.

The Dandenong Journal (Vic. : 1927 - 1954) Wed 14 Sep 1949 Page 1 Spring Vale Nth. Truck Driver To Face Manslaughter Charge
Spring Vale Nth. Truck Driver To Face Manslaughter Charge
SEQUEL TO DEATH OF NOBLE PARK MOTOR CYCLIST
AFTER lengthy evidence at the inquest into the death of George Henry Gerbing, 21, of Noble Park, who was killed when his motor-cycle and a truck collided on the Princes Highway, Dandenong, on July 2nd, the City Coroner (Mr. Burke, S.M.) last Thursday committed Norman Henry Bransden, truck driver, of Police Rd., Spring Vale Nth., for trial on a charge of manslaughter. The committal date is October 3rd at the Melbourne General Sessions.

The Dandenong Journal (Vic. : 1927 - 1954) Wed 12 Jul 1950 Page 1 Tragedy Of 12 Months Ago Recalled By Court Case
Tragedy Of 12 Months Ago
Recalled By Court Case
TRUCES DRIVER FINED ON COUNTS
JUST ON 12 MONTHS AGO July 2nd, 1949 - a Noble Park motor cyclist, George Gerbing, was killed and two pillion riders behind him received serious injuries - one of them, losing a leg when they were hit by an empty timber transport on the Princes Highway, near Potter St., Dandenong.

On Monday at the Dandenong Court, two of the survivors of that grim night episode, hobbled into the witness box to give evidence in three charges brought against the truck-driver Norman Henry Bransden, of Police Rd., Spring Vale Nth. Explaining the delay Sgt. Newton, who prosecuted, said that in the meantime there had been considerable proceedings, and during the lengthy evidence frequent reference was made to statements made in the Coroner's
court.

Bransden. who was defended by Mr. Galbally, pleaded guilty to having no rear light on the truck, but not guilty to charges of driving on his wrong side without justifiable cause, and of driving negligently.

John Northcliffe Tatterson, of Kirkham Rd., Dandenong, former taxi driver, who had several clashes with Mr. Galbally during cross-examination, said that when the truck passed him just before the accident it had given such a long blast on its horn that he had pulled right off the road. When the truck passed him it pulled back to its correct side fairly fast. After proceeding a little way it swerved erratically nearly on to the gravel on the wrong side and swung back. Its speed was erratic, but would be about 30 m.p.h. He noticed a motor-cycle coming towards them in the centre of its correct side. As it approached the truck swerved to the wrong side and continued on its wrong side for about 50 yards, striking the motor-cycle with the driving side mudguard. The truck speeded up after the collision and then pulled up. The driver got out, looked back towards the scene of the accident, and he was on "the running board as drove past witness. As he (witness) passed the scene of the accident he saw the body of the decapitated motor cyclist and two other dark figures alongside. The engine of the motor cycle cut out as he came level with it There seemed to be such a "mess" that he drove straight to the police station to ' report the accident. The visibility was very good. He was about 75 yards behind the truck when the impact took place. There were no dazzling lights.

Neville Hector Jones, of Noble Park, one of the pillion riders who was injured, said there was three on the bike altogether. He remembered the motor cycle passing the Town Hall, at about 30 m.p.h., but remembered no more till he "woke up on the road." He didn't see the truck approaching. He sustained a fracture and dislocation of the hip and pelvis. They had had tea and a few beers at the Bridge Hotel. Deceased had been putting on a few stunts at the football that day and was told to stop it.

Ernest Howard Bunce, Knox St., Noble Park, who had to have his leg amputated after the accident, said he was behind the other two on the machine. He didn't remember the motor truck approaching. When he woke up bones were sticking out of his leg and it had to be amputated.

Cross-examined, he said he thought it was dangerous for three to be riding on the bike. He had had about six or eight beers that afternoon, and the driver about three or four.

First-constable Howard told how that night at about 10 p.m. he had inspected an International timber jinker near "The Wessex." The front driving mudguard was damaged and the rear bolster spattered with blood.

About 10.30 p.m. he saw defendant a short distance away. Bransden came to him and told him that he had left his truck there about an hour and a half ago, but it was missing. Questioned later at the police station he said he had been involved in an accident earlier that evening. "I think a motor vehicle hit me and kept on going", he said. He had not reported it, because he didn't think it worth while. "Not report a hit and run motorist?", witness asked him.
"No", he replied.
Asked why he didn't stop and see what hit him he replied, "I did, and went back about a chain but couldn't see anything."
"Surely you could see a motor cycle and three men lying on the road - one dead and two back a bit" - witness questioned. "That's news to me", defendant replied. In answer to further questions he said he had had six drinks that afternoon between 4 and 4.45p n.m. at the Spring Vale Hotel. Told that it was alleged he was on his wrong side, defendant replied, "I was on my correct side."
Defendant was sober, although he had been drinking.
First-constable A.. Kennedy graphically described the scene of, the tragedy when he arrived at 8.45, and read out a statement made later at the police station by defendant. In this he said he felt a "bump" and pulled up but when he, his brother and a friend walked back about 20 yards they saw nothing. The truck's front driving side mudguard had been knocked back on to the wheel. He was doing - about 25-30 m.p.h. The windscreen was misty and visibility was bad. He was driving on his correct side and had held a licence for 15 years. Six drinks was all that he had that day.

Constable Morrissy also described, the scene' of the accident and produced photos, to help the court. Marks indicated that a truck had pulled up about 100 yards past the point of impact. Mr. Galbally said that nobody regretted the accident more than Bransden. It was a particularly sad affair and the first accident he had ever been in. There was very little evidence that he had been driving on the wrong side only that of Tatterson. He claimed that there was no case to answer on the negligent driving charge.

Going into the box, defendant, who described himself as a timber-worker, gave, evidence along the lines of his statement. There was a fair amount of traffic, and some very strong lights approaching. He claimed he was on his correct side when he "felt a bump". He was driving carefully and thought a truck or car had bumped into the side of his vehicle.

Cross-examined, defendant said he could have "moved over" owing to the strong headlights but he thought he was on his correct side.

'' Sgt. Newton: You only think you were?
Defendant: I'm sure I was.
John Richard Johnson, timber worker, of .'Nth Garfield, who was a-passenger in the truck, gave corroborative evidence. They were on their way to Garfield and went to a dance at the Memorial Hall, not knowing of the tragedy.

The Bench found defendant guilty on three counts and fined him £2 for not having a rear-light, £3, or 7 days imprisonment for driving on his wrong side, and £7. for driving negligently. Defendant was also ordered to pay 30/-
costs.