The minutes from the jury trial in Aiken County on March 25, 1952 concerning the auto accident and death of Steve Wadiak:

The minutes from the jury trial in Aiken County on March 25, 1952 concerning the auto accident and death of Steve Wadiak: Jury J.E. Shuler, foreman M. Hankinson William E. Johnson C.W. Prosser William R. Eubanks T. T. Lybrand Jurors are administered oath by coroner; J.E. Shuler is appointed Foreman of the Jury and administered Foreman s oath by Coroner. W. McTeer, first being duly sworn, testifies as follows: Coroner (J.L. Gregory): Mr. McTeer, what position do you hold? Corporal of the State Highway Patrol, stationed in Aiken County. Coroner: On March 9 th, 1952, did you get a call to investigate an accident on Highway 215? I received the call, a telephone call that there had been an accident at Scott s Lake on Highway 215. I received the call I imagine around 7:25 or 7:30. I dressed and went right on to the scene of the accident. Go ahead and tell the Jury what you found when you arrived at the scene. When I arrived at the scene of the accident, I found this car that had turned over, pretty well demolished. It was going North on Highway 215 toward Columbia. There were some people there, and I asked them had anybody been hurt, and they said Yes Sir, and all had been taken to the Hospital in Aiken County. So, I got what information I could from there and I came on to the Hospital to complete my investigation, and during my investigation I found that Joel Clinton Wray (sic) was the driver of the 1950 Buick, and I talked to him and asked him what caused the wreck, and he said he didn t know. I asked how fast he was traveling at the time and he said between seventy and eighty. I got measurements from the skid marks, tire marks rather, at the scene of the wreck, and from where he started leaving the pavement to where he left the pavement and got on the dirt to where he first turned over was four hundred and twenty-five feet. After he turned over the first time he went one hundred and eighty-three feet turning over; the marks on the ground were plain each time it turned over; you could distinguish very plainly the tire marks on the shoulder of the road in perfect condition, not broken anywhere, continuous marks, not brake marks, marks made by the car going round the curve at a high rate of speed. The people that I found were in the car at the time of the wreck were Lois Hull, Goldie Rhoden, Steve Wadiak, George Claussen (sic) and Betty Dugger. At the Aiken County Hospital, I asked Claussen (sic) what happened and he said he didn t know that he was sleeping. Betty Dugger made the same statement; she didn t know what happened. From the people that showed me where Wadiak landed, it was fifty-seven feet

from the car to where he was picked off the dirt. Joel C. Wray (sic) --- I made a case against him for wreckless driving before I found Wadiak died; I told him he any died we would have to hold him for the Coroner s Inquest, and I haven t seen him since. Coroner: Mr. McTeer, I believe Wadiak was transferred to the University Hospital in Augusta from the Aiken Hospital? They were all transferred to the University except George Claussen (sic) and I believe he was taken to Columbia. Coroner: Wadiak was the only one that died from injuries? The rest were injured seriously except the driver; I think he apparently wasn t hurt any. Coroner: I don t think any were hurt seriously enough but what they are out of danger? No sir, I think that all are out. Coroner: No idea of any of the rest dying? No sir. Coroner: Mr. McTeer, I will ask this; state whether or not there were any eye witnesses other than the occupants of the car? I found no eye witnesses to the accident except the people running the filling station there heard the car going around the curve, and that is how we pretty well established the time it took place. They didn t see it themselves; after it was all over they went and helped load them in cars and one man came to the Hospital with them. Coroner: As a matter of fact, the witnesses that heard the crash wouldn t be worth anything to us at this inquest? I wouldn t see how they could help. Captain Hutto came down from Columbia and we made another investigation. Coroner: Mr. McTeer, suppose you explain to the Jury just how this Highway is situated concerning the curve and whether it happened on the curve? Approaching this curve away for a good half mile it is a long hill and rather steep hill and it approaches the bridge. Just before the bridge they have a caution sign with curve marked plainly on it. Just after you cross the bridge there is a fork of the road, I would say one hundred feet from the bridge. Coroner: Mr. McTeer, I believe all the Jury is familiar with this particular highway if you would explain where? Just after you cross the bridge on the curve going round Scott s Lake there is a fork, one goes to New Holland, one to Wagener; that is a secondary highway; and it took place around the curve going around Scott s Lake, going toward Wagener. The car stopped one hundred feet from the office of Mackey Scott on the left hand side of the road going North.

Coroner: Mr. McTeer, state whether or not the Highway has the proper signs on this highway? Coroner: They do indicate curve and bridge? From the marks left there was no sign of any brakes applied; it looked like after it got four hundred and twenty-five feet around the curve he went to pull back on the road, the car turned sidewise and that is when it rolled one hundred and eighty-three feet. Coroner: I believe this car was headed toward Columbia? Coroner: How many cars involved in the wreck? Only one car involved in the accident sir. Coroner: State whether there were any more cars in the party? I understand there were three cars in the party. Coroner: That is hearsay? Coroner: You heard there were three? Coroner: What would be a safe rate of speed to go around that curve Mr. McTeer? You can make the curve at fifty-five easily; you could possibly make it at sixtyfive or seventy all right sir. Coroner: I will ask this question; state whether or not you observed any alcoholic beverages? If they were drinking sir I couldn t tell it. Mr. Rion (defense attorney): Mr. McTeer, you say you didn t find any evidence of alcohol or whiskey? No sir, I didn t. I found one pint bottle out of the car and away from the crash. Mr. Rion: You talked to the driver of the automobile? Yes sir, I did. Mr. Rion: You got close enough to tell if he had been drinking? I particularly tried to notice if he had been drinking. Mr. Rion: That curve, the way it goes around there is about like this hat, almost a perfect half circle?

Mr. Rion: Was it half, three-fourths or three-fifths where the automobile started off? Wasn t he almost round the curve? No sir. Marks started just as he left the bridge. Mr. Rion: You know where the automobile left the road itself? No sir. Mr. Rion: That store is how far from where the curve finally straightens out? Which way? Mr. Rion: Going to Columbia? About half way. Mr. Rion: Of course I don t know whether this is permissible, but I will ask; he doesn t have to answer if you say he doesn t, Coroner. You say that somebody could go around that curve sixty-five miles an hour and stay on the road? I have been around there several times at speeds a little better than that. Mr. Rion: It is possible that a heavier automobile --- a Buick is a large automobile, isn t it? Mr. Rion: It s possible maybe it could go around there faster than that? I would say he could make it all right. Mr. Rion: Did you examine the automobile? Mr. Rion: Did you find anything mechanically wrong? No sir. I asked the mechanic who pulled it in if anything had come loose, and they said they couldn t find anything that had come loose. One tire, the left hand front got cut, that was the only place. Mr. Rion: The tire itself cut? Yes sir, cut about four or five inches, L shaped. Mr. Rion: You don t think the tire could have struck something in the road or run over something and cut it? Nothing in the road could cut it unless they moved it. Mr. Rion: It could have been knocked out of the road? It could have. Mr. Rion: In your opinion the tire was cut after it left the road?

Mr. Rion: That is all. Coroner: Mr. McTeer, this car you drive on the Highway Patrol, is that a regular Ford car or a special built? It has a few special things about it. Coroner: As a matter of fact it s built for faster driving? Coroner: Don t you suppose you could take that curve as fast in your car as the Buick? I think so. Coroner: It might not be as heavy, but constructed so it wouldn t sway. It s a Ford and light --- It has a different spring and chasis from an ordinary car? Not necessarily. Coroner: As a matter of fact, you couldn t take a curve faster in that than a Ford? Not necessarily. Coroner: What would be the advantage in --- it s quicker probably, faster but has the same features as an ordinary Ford? Coroner: Any questions the Jury would like to ask the witness? None. Coroner: Captain (T. Hutto), would you like to ask a question? I would like to take the stand regarding my investigation. Captain T. Hutto, first being duly sworn, testifies. Coroner: Go ahead in your own words and tell the Jury what you know about this thing. On March 9 th, early in the morning, about eight o clock my phone began to ring at Columbia about Wadiak being killed in an automobile accident. I got in touch with the Radio Station at Columbia and they verified that there had been a bad wreck and Wadiak was involved about seven miles North of Aiken on Highway 215 at Scott s Lake. I had so many calls about it I called the Radio Station and told them to have Corporal McTeer meet me at the scene of the accident, I would be down around three or three-thirty. Corporal McTeer met me at the scene; we measured the distance as he has testified to; the car was headed North; as McTeer said, the caution sign there this side of the bridge with big curve sign marked on it curve to right. Just as you cross the bridge it curves a few feet; the curve began, I would say, one hundred feet. This Buick s tracks, prints, were still there, and Corporal McTeer verified them as the same tracks this Buick automobile. The car never did make the curve at all; it started in the intersection of these two highways; running from highway 215 to the left is a paved road --- right in the intersection. Heavy built tire on the left hand side of the car, which the car was on the shoulder at all times

after it left the intersection; imprint of the tire would vary four to six inches, showing heavy pressure on the tire; the shoulder was a perfect shoulder angling off to the left hand; the car skidded off. He traveled four hundred and twenty-five feet from our measurements; we measured it there. Evidently the driver of the Buick realized he wasn t on the highway and on the shoulder and must have jerked the car right, trying to get back on the road and when he did that the car began rolling. We measured distance rolled onehundred and eight-three feet; I am sure that was it. The small puddle of blood --- it was fifty-seven feet from where the car came to a stop to where the blood was; they said that was where Wadiak landed. He could have been thrown one-hundred feet, fifty-seven feet or one-hundred fifty feet; we don t know how far it had gone before he left the car. There was a question here about making that curve. You can make that curve at sixty-five or seventy and I would be glad to show you. If conditions, road conditions are ideal and you start around the curve --- this car never did start around the curve at all; it left right in the intersection; print there to show it gradually went off the shoulder. Evidently the driver did not realize he was off the road, the main traveled protion, he must have jerked it to the right; when he did, the car started rolling, and everybody who has seen it says it rolled almost like you would take a cigarette and roll it; even the door was rolled up on it. After we made those measurements, we came to Aiken and went around here where they had it stored on the streets. The two back tires on this Buick were fairly good tires, good treads; the left front tire was not any too good, what you would call fair; The right front tire old, cut in it; as Corporal McTeer stated it was a bad tire, wasn t a safe tire on the road to start with. I noticed this place cut on this tire four to six inches, kind of a curve; there was a weight lug that had been placed in that rim to balance that wheel. That s where it looked like to me the car started rolling, evidently cut this tire and that s what blew it open, tore it open. In my judgement (sic) of investigating accidents, I would say this Buick was traveling just as fast as it would run, whether it was seventy, eighty or ninety I wouldn t say. He had to be running at a terrific speed traveling that hard shoulder four-hundred and twenty-five feet and then evidently jerking it back right rolling over one-hundred and eighty-three more feet before it come to a stop. Now, this is my opinion in investigating the accident. Coroner: Did this tire have any sign of any blow-out other the cut place? No sire, only place --- had not tread, slick. Coroner: Captain, I guess you are familiar with these drop center rims; like going around a curve they have a tendency to pull the tire inward? That right front tire would have a tendency to pull out, car leaning left --- tire weight car pulling against the tire. Coroner: What I had reference to was the tire pulling in toward the center rim? I won t answer that that way. I ll tell you this, whenever the driver pulled the car right, jerked right, realized he was off the main traveled portion, first went over, whenever that rim and weight hit that tire there, that is what cut it open. As far as the shoulder of the road is concerned, the intersection, the proper signs, with everything in order, I feel sure any man who drives an automobile, under certain conditions, like this

afternoon, could make the curve at seventy-five if he knows the road, nothing to interfere, weather conditions, perfect conditions, there d be no trouble making it. Mr. Rion questions witness Mr. Rion: Captain, your testimony is based on marks, physical marks you saw at the scene, tires, correct timing of the matter, and looking at the automobile itself? That is right. Mr. Rion: You haven t talked to anybody in the car? No. Mr. Rion: Looking at the physical evidence at the scene, which way did the car turn over? It had to turn to the left. Mr. Rion: Wouldn t that make the right wheel come off the ground? That is right; that is why I saw the tire weight, lug rim there cut the hole in the side. That is my opinion. Mr. Rion: It could have been from the cut tire and it made it do that? I couldn t make that statement in my honest opinion. Mr. Rion: Suppose you are driving down the road in an automobile and the right hand front tire blows out; doesn t that jerk the car right? This tire wasn t blowed out; it was cut. From all prints of the tire where the car was traveling there was no sign of anything like that, like they had had a blow out or it had been cut before this car started turning. The only sign there afterwards was it traveled four-hundred and twenty-five feet and realized he was on the shoulder and jerked the wheels right back and the car started rolling. Mr. Rion: I say if the tire had been cut it would have made it go to the same direction as - -- and if the tire had gone down it would have gone the same direction as when he jerked the car? If the tire had gone down he wouldn t have jerked right; it would have gone in to the filling station or office building side of the highway. He could have kept from turning over if he had been physically normal and everything and realized the tire had blowed out and been on the main portion of the road. Mr. Rion: How long is that curve all the way around? I would say that curve, the actual curve, is approximately I would say three hundred feet from where it starts to where it straightens out, from the edge of the bridge. Now this car crossed the bridge and it never did take the curve at all; it gradually went to the intersection, the shoulder of the road and the print of the tires was four-hundred and twenty-five feet where he started turning over. Mr. Rion: Four-hundred and twenty-five feet is about a block isn t it?

Almost. Mr. Rion: He went a whole block before the automobile turned over? From where you measured the skid marks? The car traveled four-hundred and twenty-five feet. Mr. Rion: On the shoulder? On the shoulder, that is right. I am just assuming --- All this is assumption. Mr. Rion: He realized he was not on the road that he had gotten on the shoulder, no telling what was on his mind, he jerked the wheel and it started rolling? If the tire had failed that could have jerked the car? It wouldn t hardly have done it that way, not if the tire blowed out. Mr. Rion: Wouldn t have jerked it like a man jerked? Not if he was holding it to start with. The car traveled four-hundred and twentyfive feet from all evidence; he realized it and jerked that wheel and he started rolling. If a tire blowed out on the right hand side it would have gone a good piece before it started turning over if it turned over. Mr. Rion: As soon as he jerked the automobile you surmise it got up on that wheel and turned over? The tire blowing out wouldn t have caused the same thing to happen. Mr. Rion: If it blew out --- from the physical evidence you looked at the tire blowed out at the same time the same thing would have happened? If they both had happened at the same time of course it would. I thought you were trying to bring out the tire blew out twenty-five or thirty feet. Mr. Rion: I know you were looking at physical evidence and you wouldn t know that. I don t see how it could have done that. The cut was next to the rim where the weight was put on the rim to balance the wheel. That is why I say cut. It wasn t a blowout. A blow-out leaves thread, shows a weak place and blows out. This was a cut, evidently cut by this lug when it went over. Of course, it could have happened some other way. Mr. Rion: Any questions from the Jury? None. Coroner: Anybody else in the Court room could give us any light on this accident or knows anything about this accident? If anybody knows anything other than testified, we would be glad to hear from you. Mr. Wray (sic) makes unsworn statement to Jury. Dr. A.A. Walden s statement is read to Jury. Jury is charged.

Jury conclusion: Steve Wadiak came to his death in an automobile wreck, the driver of the car being Joel Clinton Wray (sic). This accident was unavoidable. And so the Jurors aforesaid, upon their oaths foresaid, do say, that the aforesaid Steve Wadiak came to his death in an automobile wreck the driver of the car being Joel Clinton Wray (sic). This accident was unavoidable.