FATAL COLLISION.

Auckland Star, Volume LXVI, Issue 102, 2 May 1935, Page 10

FATAL COLLISION.

MOTORIST FOR TRIAL.

LEVEL CROSSING SMASH

NEGLIGENCE ALLEGED

(From Our Own Correspondent.)

PUKEKOHE, Wednesday,

Following the death of an Auckland journalist, Ernest Henry Cleave, who was fatally injured when a motor car in which he was a passener was involved in a collision with the Waiuku-Paerata train on February 15 last, further evidence was given in the Pukekohe Court this afternoon, when the driver of the car, Walter Harry Bowe, aged 29, carpenter, of Kemuera, Auckland, appeared before Messrs. D. R. Hamilton and J. B. Sim, J.P.'s, on a charge of negligent driving, thereby causing death.

In answer to questions from the Bench, a witness, John Hogan, of Paerata, stated that the crossing where the accident occurred was very dangerous to any strange driver. He had seen many narrow escapes, one being only on Tuesday last when the visibility was good. On account of the height of the railway above the road, the hood of a car would be inclined to obscure a car driver's vision of the line.

Train Driver's Evidence. The driver of the train, Douglas David Norton, of Waiuku, stated that the train consisted of mixed goods wagons and one. passenger car. Witness stated that his duties as driver kept him occupied on the north side of the engine, the opposite side to which the accident had occurred. The engine was running bunker first at the time. When about 200 yards or 300 yards from the crossing he blew two long blasts on the whistle, then when ho reached the crossing the fireman spoke to him so ho applied the emergency brakes. When the train stopped, witness crossed to the opposite side of the engine and had a glance back, where he could see a portion of a motor car. After examining the engine to see if any damage was done, he went back to the crossing, where he assisted to lift one injured person into tlio guard's van. At the time of the accident the train was travelling at about 20 to 25 miles per hour, but there was no restriction on the speed of a' train approaching that crossing. The train was right on time that day. Witness stated that his visibility from above the crossing was good.

Re-examined, witness stated that he always sounded two long blasts coming down the grade, this serving the dual purpose of a warning at the crossing and a signal given ny a train on a branch line approaching a main line.

Lawrence Brooks, the train fireman, stated that as the train approached the crossing he was keeping a sharp lookout and noticed the car coming from the direction of Pukekohe. As the train

v/cnt on to the crossing ho looked straight ahead, thinking that the car would stop heforc it reached the train. Witness heard a crash, so lie spoke to the driver, who applied the brakes, the train pulling up in about its own length. The driver went back to the crossing, while witness remained in the engine cab. Witness stated that when he first saw the car the train would be about 500 yards from the crossing, and the car ajbout the same distance. About 75 yards from the crossing the driver blew "two long blasts on the whistle, this being a usual signal for a branch train approaching a main line.

Dr. D. W. Guthrie, of Auckland Hospital, stated that the deceased was admitted to the hospital at about 7 p.m. on February 15. He hod a large number of ribs fractured on both sides, which, along with bronchial pneumonia, was the cause of death.

Detective J. B. Finlay said that accused, after the accident, had stated that he was returning to Auckland after visiting the Franklin Show at Pukekohe, deceased being a passenger with him in the front seat. They were travelling at a moderate speed approaching the crossing, but he did not see any train, although he kept a lookout. When he was on the crossing he heard a train whistle, and it appeared to be right on top of them. He then noticed the train and saw that it would be impossible to avoid an accident, so ho swerved the car to the right. The car struck the engine and was thrown to one side. Witness was certain that the train did not whistle until it was right on the crossing.

At the conclusion of the evidence, Mr. I. J. Goldstine, who represented accused, maintained that there was insufficient evidence to warrant the accused being placed on his trial before the Supreme Court. Mr. Goldstine held that it was quite within the province of the Bench to decide whether any jury would convict upon the evidence brought forward by the prosecution. Counsel for the accused suggested that before the Bench sent the accused for trial at the Supreme Court they should carefully scrutinise the evidence brought forward and if they did not consider that a jury would convict, it was their boundcii duty to save the country the unwarranted expense of a trial and dismiss the charge. The Bench submitted that so far they had had no evidence regarding the visibility from within the car. It was definite, however, that warning signs were wrongly placed ami that some method of placing a warning in the centre of the road would be more suitable. Committed for Trial. After retiring from the Court for a considerable time, the Bench returned and pronounced that a prima facie case sufficient to go to the Supreme Court had been established.

Accused pleaded not guilty, and was committed for trial, bail of self £100 and one surety of £100 beinjr allowed.

Mr. J. B. Sim added that it would bo jrrentlv deplored if tlie authorities did not take further steps to provide prccautioiifi against any further loss of life at this crossing. He was of the opinion that some device such as a wigwag signal should bo installed .as a warning.