CASE AGAINST DRIVER.

Auckland Star, Volume LXI, Issue 129, 3 June 1930, Page 5

CASE AGAINST DRIVER.

HIKURANGI CROSSING SMASH.

COMMITTED FOR TRIAL,

CONCLUSION OF INQUEST,

(By Telegraph—Own Correspondent.)

WHANGAREI, this day,

After hearing the evidence of 25 witnesses, the coroner, Mr. G. N. Morris, S.M., found that the six persons -who lost their lives in the Hikurangi railway crossing tragedy on April 5 died as a result of a collision between a bus driven by Noel Wilkinson, ,in which they were passengers, and a railway train travelling north from Whangarei. Mr. Morns said he was satisfied that there was a prima facie case of negligence against Wilkinson, but it was impossible to get the full facts without hearing Wilkinson's explanation. ■ _. The coroner entirely exonerated the railway officials from any blame, remarking that there was clear evidence as to the lights on the train and the blowing of the whistle. There had been some conflicting evidence as to whether the crossing was dangerous or not. Since the tragedy he had passed the crossing fairly frequently- and had spent some time examining the locality, and, in his opinion, the crossing was; comparatively speaking, a safe one, although no doubt all crossings were dangerous. / '>■ ' •. The coroner said the people who assisted after the collision did excellent work in getting the injured to medical attention so expeditiously. , Sparkes to some extent owed his life to this. Dr. Goodwin, at Hikurangi, and Dr. Hall and his staff at the Whangarei Hospital, were also to be commended for their excellent work. , Noel Wilkinson, the driver of . the bus, charged that he did drive a bus in a negligent manner so as to cause the death of six people, pleaded not guilty, reserved his defence, and was committed to the Supreme Court for trial, bail being fixed in. one surety of £100. .

Both proceedings were heard together. Mr. R. A. Singer, of Auckland, appeared for Wilkinson. Mr. R.' K; Trimmer appeared for Miss Trotter, .one of the injured, people; Mr. P. J. O'Regan for the Hikurangi Miners' Union, and Mr. Aitken for the Railways Department. SeniorSergeant O'Grady represented the police.

Story of Passenger. One of the principal witnesses yesterday afternoon was Eileen Isabell Trotter, who resides in Surrey Street, Ponsonby. Witness said she was on a holiday at Hikurangi on April 5. She joined the bus at Hikurangi at G. 20 p.m. to go to the pictures at Whangarei. Mr. Noel Wilkinson was driving. At Hikurangi a drizzle of rain had started and moisture hung on the' windows. There were eleven people on the bus, most of "them known to witness by name. No one sat near the driver.

, Witness said she knew the locality art McLeod's Flat Well, being reared at Hikurangi, but on that night it was so dark that she could see nothing through the window of the bus. She saw no train lights nor heard any engine whistle, nor anything .to. cause her to think that a train.was approaching. The first thing she saw ■ was a big black object and the headlight of the engine right above hen She was sure.no one had then seen it and she called out "Noel," just as the train struck. She saw no lights other than the headlight of the engine. No one else called out so far as she remembered. She had a recollection of being hurled through the air. She noticed nothing unusual about the speed of the bus. They were, talking in the bus while they were going along. She did not notice any skylarking going on in the bus.

To Mr. Singer: The driver of the bus did not hold any conversation with anyone after they all got in the bus. ;To Mr. O'Regaft witness said the words "That I saw the train when we were almost on the crossing" appearing in her original statement to the police ware incorrect and she now said that they were actually on the crossing when she saw the engine. When she called "Noel" the light was right above her. To Mr. Trimmer witness said that at the time she thought the bus was running into the train, but she now knew the train ran into the bus.

. In reply to Senior-Sergeant O'Grady witness said that , when they got in the bus it was lighted,'but she did not remember whether the lights were left on.

What Engine Driver Saw. Arthur Henry Manning," the driver of the train, said that when approaching the crossing he noticed two lights coming from the Hikurangi direction. He gave a long blast of the engine whistle. He did not notice that the bus made any attempt to pull up; He would say that the bus was travelling from 35' to 40 miles an hour when hit it. The train wals . running from ,25 to 30 miles an hour. There was no drizzling rain so far as witness knew and he did not get wet. Witness applied the emergency brake as _soon as he saw that the bus was going to cross in front. This would be about ten yards from the crossing. The train had pulled up in its own length and the van was across the crossing. Constable Farrell, the guard and witness examined the headlight of the engine, which was still burning brilliantly. To Mr. O'Regan -witness said he had the bus in view for a distance and assumed that because he could see the bus the bus driver could see him. In all 25 witnesses were heard.