THE INQUEST

Auckland Star, Volume XXVIII, Issue 259, 28 October 1897, Page 7

THE INQUEST

At three o'clock on Saturday afternoon, before Mr Ebenezer Baker (coroner), an inquest was commenced at the Auckland Hospital to inquire into the circumstances surrounding the accident at the railway crossing on Friday night by which Messrs Win. Ness, Thomson W. Leys (junior), and Chas. F. Akast met their death. The iury sworn in were Messrs John Burton, "Leonard Bailey, John Hunter, John Mall, Frederick Hitchcock, and Joseph G. Coates. Mr Burton was elected as foreman. 1,1Mr A. E. Devore was present on behalf of the Railway Department, and Mr Andrew Hanna watched the proceedings for the Tramway Company. Messrs Grant (District Railway Manager), Stevenson (Station Master), Bevan (chief clerk), A. V. Macdonald (locomotive engineer) were present, and also Mr J. S. Kidd, manager of the Tramway Company. Sergeants Clarke and Ellison and Constable Hinton were present on behalf of the police. We give below some of the evidence not already covered by statements previously published :— MR H. BEEHRE'S EVIDENCE. Henry Beehre (one of the injured, who appeared with his head in bandages) deposed :—I am an expressman, and reside at Cox's Creek, Ponsonby. On Friday evening, Ist October, I was a passenger by the 'bus to which the accident occurred. The 'bus was driven by the deceased, William Stockwell Ness. According to my watch it was2o minutes past 10 p.m., and my time-piece is correct. When I got on the 'bus it was pretty well fairly opposite the entrance to the show—the Jordans. 1 don't know the name of the street, but it is close to the railway crossing. When I got on the 'bus there was no one there but Ness and myself. I got next to Ness and was talking to him. I did not stay there as another driver named Osborne, an employee of the Tramway Company, got on and I gave up my seat next Ness to him. I still remained on the same seat, but on the outside, to the left. Two or three others got on the same seat and others got on the seat behind. 1 recognised young Leys amongst them. There were "two front seats to the bus, and both seats were pretty well tilled. The 'bus started and went straight on until the collision occurred. I could not say how many yards we went. It could not have been very far. There were two 'buses in front of our 'bus. Our 'bus drew out of the rank to the left-hand side and went round the other. When we got round the 'buses we were ten or twelve yards from the railway line. The horses were aoins at an ordinary slow trot until the accident occurred. I did not observe anything to make me anticipate danger. The driver had his horses under proper control. ' I have been a driver for the last thirty years both in town and

country, and I consider myself a competent judge of driving. 1 did not notice any train or engine until the people called out •'Look out for the train V' " Stop the bus !" The 'bus was then just going on to the nearest line of rails on the side next the harbour by the Jordans' tent. Then I saw the train within a few yards of us running direct into the 'bus... Did the driver attempt to pull up his horses ?

He did his best and Osborne lent him a hand as well.

What was the result of the attempt to pull in the horses ?

They were not pulled up at all, but were struck by the engine. They were not partly come to a stoppage. How long would it take to pull up a 'bus like that ?

With a 'bus going at that pace it would takea man who was sharp with the brake all his time to pull it up in ten or twelve yards. Were there many people about ? Yes, there was a large crowd. What followed? There was a shock and I found myself some 7 or 8 yards away on the line. I did not see what happened to others on the 'bus. I did not observe the train a second before it ran into us. I had not heard any whistle within a minute or half a minute before that. The whistle might have been blown without my hearing it. The first I knew was when the crowd called out, ' Look out for the train.' In reply to Mr Devore the witness said the 'bus filled up with passengers before moving. When pulled out there was much noise. The cabmen and 'busmen were all shouting out their destinations. That may have been the reason I did not hear the whistle. I was on the front seat at the extreme outside on the left. I was looking at the horses just at the time. By the Foreman: The two 'buses in front were not moving. Ness had his load, and he wanted to get away. We passed those 'buses on the left. 1 saw no lights and heard no whistle. I saw no light on the left hand side of the railway. I consider Ness was perfectly sober and competent. By a juror : I did not notice the signalman showing his light. I did not hear him give any warning. MR CARRICK'S STATEMENT. John James Bruce Carrick, clerk in the South British Insurance Company, deposed : I was a passenger by the 'bus to which the accident occurred. The 'bus was standing just outside the gate at the Jordan's tent. As I came out of the gatei way the 'bus was on my left. I got on the second seat in the front. I was in the middle of the seat and saw the 'bus start off. It was only going at the ordinary I trot towards the railway crossing. I did ; not hear any railway whistle at .all, or j notice any signals. 1 did not see anybody about the crossing. I was in the middle of , the seat and had not a good opportunity of I seeing. I heard cries but do not know I what the words were. The 'bus was near the signal box when I heard the cry. I cannot describe the cry. I heard a crash and was at once stunned. That is all I remember. I did not hear anyone caution the driver. I don't think anyone spoke at all. I did not see what the driver did I after I heard the cry. I saw some of the injured people after the accident. Mr Devore : Have you told anyone that you saw Ness whipping the horses ?

No, sir. Did you see him doing so. No, sir. By the Foreman : When I heard the cry we were about 20ft from the signal box.

MASTER TIBBS' EVIDENCE

Frederick Charles Tibbs deposed : I am 13 years of aye, and was a passenger on the' 'bus in respect to which this inquiry is held. When I got on the 'bus it was straight out from the light close up to the tent on the left of the gate. I was the last but one to get up on the second seat in ! the front. There was a lady after me. The! last witness, Mr Carrick, young Leys, and Holmden were also on the same seat. The 'bus started off at a jog trot. There was a great noise of shouting. 1 thought ft was the 'busmen singing out their ordinary destinations. I. did not notice any cries of alarm or warning. I did not hear any railway whistle. 1 saw the train for an instant, just as it struck the 'bus. Mr Carrick was thrown over me, and [ jumped out after him, and was not hurt with the exception of bruising my knee. When I "Ot out the 'bus was lying near the little Fence at the gateway. The steps of the 'bus were in a line with a post. The train was a little way ahead, and was stopped, I should think it was 30 yards away. It could not have gone very tar after the accident. THE DISTRICT RAILWAY ENGINEER. Cyril Holm Biss deposed: I am District Railway Engineer. I produce this plan of the scene of the accident, which has been prepared under my directions, and is a correct one. The blue lines show the particular lines concerned in this inquiry. The plan alao shows the Breakwater Road crossing. A train leaving the station travels outward on the Customs-street side of the station. This particular train was travelling on that line when the accident took place. All departing trains invariably use that line. The distance from the centre of the large cart gate to the centre of the first line of rails at the crossing at the centre of the roadway is ninety-five feet in a straight line. The distance from the first line of rails to the line on which the train was running in the centre of the street when the accident took place is 28 feet. I don't mean that was the spot where the accident took place, but that is the line on which the accident occurred. These lines of rails are not all parallel, as the main line diverges from the first line in the direction the train was running. The distance from in front of the lavatory is about 580 feet to the centre of the road crossing. I cannot say whether that is the point from which the trains generally start. The lavatory is at the end of the station buildings. Mr Devore.—What is the distance between lines of rails ?

Witness. —Eleven feet from centre to centre. The minimum distance between the parallel lines of rails is eleven feet from centre to centre. The width from the outside of rail on one side to the outside rail is 32 feet. That is from the first to the last rail in the centre of the road crossing-. The road is 66 feet wide. The city lamp is 30 feet from the centre of the centre of the crossing on the departure line. The noticeboard is 10 feet from the guard rail on the Eastern side of the crossing. There is a continuous road from the crossing to Queen-street, via Quay-st. The distance from the entrance to the Flying Jordans tent to the railway cart gate is 135 feet. Temporary lights were erected by the Flying Jordans 70ft from the inside of the gate. From the centre of the roadway opposite the centre of the gateway to the centre of the line of departure rails is about 150 ft.

THE BOY ON THE STEP

James Butler, a boy about 13 years of age, deposed: I was on the 'bus at the time of the accident,the one driven by William Ness. I knew him, and always used to come down on his 'bus. I got on just before the 'bus started from the Jordans' gate. I got on the back step and was singing

out "Ponsonby" for the driver. William Ness told me to shout out for him to get the passengers for him. Charlie Akast and Charlie Graydon were on the step with me. When the 'bus started we were still riding on the step. I rode as far as the first line of rails. When I saw the train coming" I sang out to the 'busman to stop. I sang out as loud as I could. Charlie Graydon jumped off as well as me. The train was coming on my right hand side. I could not say how far it was off. I saw the train strike the right front wheel of the bus. The driver did his best to stop the 'bus when I shouted to him. 1 saw him mill the left rein to turn the

horses. As soon as I jumped off I stood at the post by the big gate on the left hand side of the 'bus. I was riding on the left hand side of the step, and ran round the left hand side of the 'bus. I was against the post before the train struck the 'bus. When I saw the train strike the 'bus I ran away towards the tent and did not see any of the injured people.

Mr Devore: Did you see the signalman?

Yes; he was at the signal box. As soon as I saw the first rails I saw the train coming and jumped off.

Mr Devore: Did. .you actually sec the driver pull the left rein? Yes; I was on the top step of the two at the back of the 'bus, and 1 saw the driver pulling at the left rein. I saw the horses turn towards Parnell. I jumped from the top step to the ground. Mr Hanna : Did you jump over the other hoys ? No. I jumped sideways off the top step and sang; out, " Stop ! here comes the train." Charlie Akast said, "Never mind about me." He took no notice of my call and stayed on the .step. I suppose he did not liclievc inc. Did you hear any noise? There was a great noise ahout this time. The fellows on the footpath seemed to be singing out, "Look ! Come this way." Do you think the driver heard you when you called to him? Oh, yes, lie heard me. How do you know ? Because he turned ronnd and looked at me. He could see me as I was on the top step. Charlie Graydon was on the lower step and he told me the driver looked at him. Foreman : Did the'bus stop before it got to the crossing?— No. Did you hear any whistle at all ?—No. Where was the ''bus when you saw the train ? Not so far oil as the length of this room. Mr Biss here measured the room, and said it was 24ft in length. Charles Craydon who was also on the step gave similar evidence. THE GUARD'S STATEMENT. William Archibald Tate, in answer to Mr Devore, deposed : 1 was guard of the train that left for Onehunga at 10.20 o'clock on the night of the accident. The platform porter in charge, Boyce, instructed me to start by ringing the starting boll. I i blew my whistle and looked to see if the semaphore signal was showing a green light, meaning "all dear." The light 1 saw was what we term a safety light. After blowing my whistle, I produced a steady green light from a hand lamp. The driver of the engine then gave a loud whistle, rather longer than usual. It is a deep-toned rather good whistle, making a loud noise. It is one of the best of the whistles. As the train started 1 got on the platform of the first carriage and commenced collecting tickets. 1 got halfway j through the collecting in the iirst com- ! partment, which was pretty full, when I felt a bump, which was caused by the firemen putting on the brakes and the driver reversing the engine. That was about half a minute after starting. My hearing and sight are both good. As far as 1 have described what I did are the duties prescribed by the regulations. I. complied with every regulation that night. By Sergeant Ellison : 1 had been on the 10.20 train each night that week. I ! noticed more people coming up the platform than usual that week. The Jonlans were later out that night. On previous evenings they were outa little earlier and we got more passengers. Had they been out a i little earlier thebulkof the people would have I cleared away before we reached the crossing. I noticed a greater number of footpassengers about on that evening coming up the platform. This was before the train started, because we got several passengers from the show.

By the Foreman : I have had eight years' experience in the Railway Department locally. [ consider that crossing perfectly safe for all ordinary traffic. By a Juror: The semaphore only refers to the line being clear for trains. It does not refer to pedestrians crossing the line. It is usual to collect the tickets as soon as the train starts.

THE FIREMAN'S EVIDENCE. George Hill, railway fireman, deposed : —I recollect the night of the Ist October, I was on the 10.20 train leaving Auckland. I was iirenian. I heard the guard's whistle and looking ahead saw the starting signal lowered showing a green light which indicates the line is clear ahead to the next station. I released the brake and looked hack to see that the train was following. I saw it was. The driver Howatson started the train, who gave a good long whistle. It was longer than usual. 1 was on the seaward side of the engine. The driver was on the right hand side. When I found the train was following I closed the cylinder cock, and looked ahead. We went along, and as far as I could see the line was clear until we came to the crossing. When we were almost on the crossing, I saw horses with their fore feet 011 the rails on my side of the train. Their heads were over towards Customs-street. That was the first I saw of them. I turned to my brake, cried " stop " to the driver, and put on the brake at once. The train was stopped near the signal box or semaphore. I performed the duties prescribed by the regulations. The train consisted of the engine, cwo vans and two carriages. There was no tender that night. Some of the engines have tenders but this one did not.

By the Foreman: The engine was not worked full up at the time of the accident. I cannot say at what speed she was going. The engine light would reflect 20 to 30 yards in front I should think. It was not possible to stop the train when I first saw the horses on the line. By the Coroner: The head light is concentrated on the road for 20 or 30 yards, and those on the engine can see the rails for that distance ahead of the train. THE ENGINE DRIVER'S STATEMENT. Andrew Howartson deposed :—I am a locomotive engineer employed by the Railway Department. On October Ist inst. I was driving the 10.20 train from Auckland to Onehunga. I started the brain when I got the signal from the j guard. He blew the whistle, and showed | 7ne a steady green light from his lamp. When I received the signal from the guard [ looked ahead to see if the starting signal was "at clear" at the semaphore station, [t was clear, so I blew the whistle, and a / good long one at that, and started off. As far as I could see ahead was clear till I came on to the crossing. I was on the right hand side of the engine. When half way on the crossing I heard a crash. I shut off steam and reversed the engine. From the time of start until I shut off I did not receive any signal whatever. I neither

saw nor heard any signal. The duties I have mentioned are the ones prescribed by the Railway regulations. Every regulation was obeyed by me. I cannot say how long it took to get to the crossing, but when the train stopped I looked at my watch and found it was a minute and a-half from the time I started until I stopped. I took the time at starting, and stopping from my own watch. We have no speed recorders on the engines, and that particular night I was not noticing, but it was the usual rate of speed at which we go out. I should think that at the time of the collision we were going at from five to seven miles an hour, but I am not sure of a mile either way. I could see the crossing plainly when I was about 30 yards off. That is the line I was running on. The head light enabled me to see that distance. As far as I know the circus entertainment was going on that night. The only lights I saw were two or three lights on the right-hand side. I don't know the signalman. I noticed a signalman on the crossing when I was going into the station preparatory to starting the 10.20 train. That would be at about seven minutes before starting time. He had a green lamp light when I saw him. The crossing is within the station boundaries. The whistle I gave at starting answered the twofold purpose, starting and crossing. That is in accordance to the regulations. There was not any tender to the engine. I am 34 years of age, and have been 16 years in the railway employ. I have been driving an engine since 1800. My hearing and sight are both good. We were tested every January where I came from. I was tested for sight and hearing last January. I commenced driving between Auckland and Onchunga

on tne Wednesday morning prior to the accident. 1 was also over the line the day before I commenced driving.

Foreman : Why did you blow a good, long whistle?

1 can explain that. When I was just ready to start I could see a great crowd doming along the platform on my side, and I thought there might be others crossing on the road when I started, so I thought I would give an extra long whistle, and that was why I did so.

Have you any rule to regulate the speed near a crossing ?

If it is on the main line we could go up to full speed.

Could you see the left side of the cross ing?

1 could not when I was on the crossing. Did you see the 'bus at all ? 1 never saw the 'bus.

You have had a deal of experience with regard to railway crossings. "Yes. Do you consider this crossing perfectly safe for all ordinary traflic ? I do.

Was it perfectly safe for the traffic that

night? I did not know anything about the traffic that night beyond seeing the crowd coining along the platform. Do you think sufficient precaution was taken by the authorities ? Yes, 1 am almost sure there was. Don't you think it would have been ' better to blow the whistle midway, nearer the crossing ? I don't think it was necessary. The distance I was away made one whistle sullicient. .Mr Devore: Supposing you had gone outside the regulations and blown a second whistle? It would have had a tendency to frighten horses if there were any about, and might have caused a bigger accident, besides the regulations state that we have not to use the whistle often near stations in case we frighten horses, or among residents in the vicinity. Sergeant Ellison : Are the lights used by the crossing keeper any kind of signal to the train ? They are in one way, that is when a train passes over a crossing and an engine or a train is waiting to get across. After then you have to receive a signal from the crossing keeper, but if there is no crossing keeper the driver has to wait until he sees the crossing is clear. Mr Devore: Supposing the crossing keeper showed a red light ? Oli, that is another ease. We must stop for a rod light shown by any one. Sergeant Ellison : Did you observe a light this night ? No. Juror: Is it not your duty to whistle at the crossing, as well as at starting? Witness : it is my duty to do so within a certain limit. I did not think it necessary in this case. By Mr Devore ; At crossings outside of railway stations the whistle is to be used at the discretion of the engine driver. Tins crossing is within the station. OTHER WITNESSES. Several other witnesses, including passengers by the 'bus and persons who witnessed the accident, were also examined.