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TO STAND TRIAL.

DRIVER OF WRECKED ENGINE. ALLEGATION OF DRINKING. YESTERDAY'S EVIDENCE. (rHESS ASSOCIATION TELEGRAM.) . XAriER, November 30. The hearing of the charges of manslaughter against Frederick Lavin, driver of the Wellington-Napier mail train on tlic occasion of the accident in the Opapa cutting, on September 22nd, was continued to-day. Charles France, jockey, Palmcrston North, a passenger, said he remembered the train pulling up at OrmondvilJc. He was at the time in the front carriage, just behind the engine. The carriage stopped right opposite the Settlers' Arms Hotel, and witness saw two men go into the hotel. One of those two men he knew to be Marshall. The letter was dressed in a blue suit, but wore no hat. AVitness saw Marshall return after the guard had twice blown his whistle. Marshall, got on the first platform of the witness's carriage, but did not come inside, llis c-oat was bulged out as if ho had bottles or something undorneath it. As soon as Marshall got on the front platform the train moved on. After leaving Waipawa the train travelled pretty fast, and when going down To Ante hill witness estimated tho speed to be 45 to 50 miles per hour. When going down the hill witness could see the engine, and water from it was splashing on to the front door_ of the carriage. Eventually tho engine left the rails. Witness could see it going. Hypnotised by Engine. Ida Maud Mary Franco corroborated the evidence of the former witness._ She noticed nothing unusual in the carriage, | as she was hypnotised by the engine, which nearly went over once while she I was watching it. David Irwin Wilson, postal cadet at Ormondville, said the Post Office was opposite the hotel there. On tho date and timo in question, witness was standing at the side door of the Post Office, and when the express stopped, he saw a man wearing a dark suit go to iho hotel. Witness corroborated other witnesses that the men returned from tlio hotel and got on the first platform of the front carriage. Witness added that when the whistle blew the man got down from tho carriage, walked down the side of the track, and got on tho engine, and when, tho engine left *he man was on it. The man in question was carrying what looked to be two or three bottles of something or other. Witness could not say if he would know the man again. Occupants of Engine. \ Richard Henry Edward Stillwell, railway ganger, said he was at the 48 mile peg, a mile ; and a half this side of Ofrmoudville, when the train passed him. There were three men in the cab of the engine. Wilfred Alexander Wnckrow, Government Railway engine,- driver, said that on the date in question lie wan in charge of - a train standing at Hatuma station when the mail train came through. Witness's train was en route from Napier to Palmerston North. Lavfn was driving the mail train, and Donovan was tho fireman. A third man was in the cab of tho engine, and that man was Marshall. Mr Dolan: It is against the regulations for any ono but tho driver and fireman to bo oil the engine, isn't it?— Without u permit. Yes. Would the driver and fireman Tie liable if they allowed a third party on tho engine' without a permit?— The driver would. Would the fireman he responsible if ho did not report such a case? —Yes. He would be liable to a line. At W&ipukurau. Albert Ernest Waters, railway surfaceman, said that when the express pulled into Waipukurau, he was near the railway crossing. This would be about 300 yards from tho station. "A man alighted from tho-train near this spot, and that would be about a chain and. a half from tho hotel. Witness wouid not knotv the man again, but could say that he was not wearing a hat, and had on a navy blue suit. Witness was unable to say where the man went. John Gardiner, borough inspector, \Vaipukurau, deposed that when the mail train approached that place ho was standing near the railway crossing opposite tho hotel, which was on tho other sido of tho crossing. Kb was struck by the slow manner in which the train approached the crossing, and when it had passed, lie saw a man walking towards the hotel. Frederick Joseph Arlidgo, contractor for cleaning railway trucks at Waipukurau, said that when the express pulled out he saw two men on tho engine, and one had no hat, but neither of the two men was the driver or fireman. To Mr Dolan: Yes, tho two men on the engine so far as I could see, were both strangers to me. Witness said ho had been 27 years in tho railway service before ho resigned. "Carrying Bottles." Charles Owen Genett, railway clerk, said that on the date in question lie was stationed at Waipawa, and was on duty when the express arrived. In the cab of the enginu were three men tho driver, the fireman, and a third, who was dressed in a dark suit. Margaret Alison Jackson, wife of tho stationmaster at Waipawa, said that she lived at the railway house which was on the Napier side of the station. When the express pulled up witness was looking out of tho window, and noticed that tho engine had an eitra man on it, and this man was doing something with tho coal. Witness watched the train out of sight, and the third man .was still on the engine. The )ji question was dressed in a dark suit. She had since seen him, once in hospital, and once later on. She knew the man to be Marshall. Richard Knight, contract shearer, Patoka, and a passenger on the wrecked train, said he got on board at Palmerston North, getting into the first Just the train leftWaipawa, witness noticed a man walking past the carriage in the direction of the engine. Tho man was carrying some bottles in his arm. A Broken Beer Bottle. James Smith Grey McKenzie, assistant boiler inspector for the North Island New Zealand Hallways, said Jie was a passenger from Wellington on the tram. Witness corroborated the previous witnesses as to the speed ot the train, and expressed the opinion that such speed was excessive. He attributed the accident to such speed. 'l'd tho best of his knowledge the brakes •were not applied going oown the lull. Witness saw Donovan and Lavin after the smash, and helped to get a roan out from the rear of the engine. The man was Marshall, and lie m a state of collapse- Witness had a look

(Continued at foot of next column.)

round the engine, and in the cab found the lower portion of a broken beer bottle. Alexander dray, railway surfaceman, Opapa, said it was part of his duties to inspect the track evefy drty, and heiiad done so on the day in question beforo the accident, and it was then all right. Oscar Richard Savage, ganger-in-chargc at Opapa, confirmed the evidence of the previous witness. George Streeter, inspector of permanent way at AY aipukurau, and in charge of the piece of tfack in question, said the condition oT the track was firstclass. Eugene Casey, inspector, engineer maintenance branch, sard the scheduled at 806110 of the smash was Jo miles per hour. No sign of any obstruction on the track was discovered after the smash. George John Brice, locomotive foreman, said the engine was in perfect order on the morning of the accident. At the conclusion of the case for the prosecution, accused pleaded not guilty, reserved his defence, and was committed for trial.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/CHP19251121.2.91

Bibliographic details

Press, Volume LXI, Issue 18545, 21 November 1925, Page 14

Word Count
1,286

TO STAND TRIAL. Press, Volume LXI, Issue 18545, 21 November 1925, Page 14

TO STAND TRIAL. Press, Volume LXI, Issue 18545, 21 November 1925, Page 14

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