THE FATAL ACCIDENT TO MR. M'MURRICH.

Dominion, Volume 4, Issue 1178, 13 July 1911, Page 6

THE FATAL ACCIDENT TO MR. M'MURRICH.

CORONER'S FINDING. THE MOTOHMAX BLAMELESS. Search into the circumstances surround, ing tlio death of Duucan M'Mnrrich, superintending engineer for the Union Steam Ship Company, who was killed by a train car al. tlio corner of Feathcrslou and Whitmore SI reels on tlio evening of .Inly a, was continued in tlio Magistrate's Court yesterday morning, before Dr. A. M'Arthur, S.M., coroner. Mr. F. G. Bolton appeared on behalf of Mrs. M'Murrielt and relatives of lh« deceased, and Mr. .T. O'Shoa, city solicitor, represented the City Tramway Depnrtmont. Station Sergeant Darby represented the police. Thounht There Was Ample Time. Margaret M'Murrich, widow of the doceased, stated that, in company with her husband, she left their housa in Oliiro Road a little before 8 p.m., their intention being to go to the Exhibition. They alighted from a trameaj In Lainbton Quay, and, after looking into Jenkins and Mack s showroom, they proceeded to cross FeathcrstOn Street. Sue then noticed a tram coming along, and her impressiou was that (hero was ample time for them both to cross. Sho herself did not ' cross in front of the tram, hut her husband was a yard or two in front of her, ? nd , ? ,ICsill,te d> and went round by the ■ back of .the car, which stopped very suddenly. After running round she could not, sec -her husband, hut some peoplo wlio had gathered there stated ho Was underneath. Hid you hear the gong ring?—"l may havo heard it, but I can't remember." At this stage Mr. Bolton asked that tlio tramway witnesses should bo ordered out of the Court. His Worship replied that ho had not the power to order this, but, in view of the fact that Mr. Bolton asked it, and that Mr. O'Shea also preferred it, he would ask tlio witnesses if they' would retire. They retired accordingly. Continuing her evidence, Mrs. M'Murrich stated that the next thing that sho saw was her husband being taken from under the car. lie was bleeding, but wasnot dead. To Mr. O'Shea: She did not call out-, to her husband as the car was approaching, or catch hold of him when she saw tho ear coining. Dr. Henry stated in evidence that,he had been called to tho sceuo of . the accident on tho evening of July 3, and lie explained tho position in which lie had found the body of M'Murrich, who was. Quito dead. Ho described the injuries, Tho Motorman's Story. Anthony H. Broadbent, tramway motorman, stated that ho was in charge of a car bound from Lambton Station to Constablo Street, which left the station at 8.8 p.m. After tho car got half-way , across Whitinoro Street, ho noticed a woman and a man crossing from the direction of Whitmore Street, as if from Jen-. kins and Mack's. He rang his gong, but tho peoplo stopped in between tho two tracks of rails. Seeing, them stop, he endeavoured to "coast" past them, but, when within about 10ft. of them, tho man made an attempt to cross the road. When tho man (M'Murrich) got into the | centre, of the track which witness was on. ho stopped with his back half turned to tho car. Witness at onco applied the emergency brake, but the car (proceeding on its' original momentum) struck the man in tlio back. The car was nulled up withilt five yards. Tho speed (before ho took in the situation) was about 12 niiles, an hour. ■ To Mr. Bolton: He rang the gong on several occasions—a couple of times alter he applied tho emergency brake. He did. not. apply tho hand-brake. Can you explain how it was you dm. not «eo Mr. and Mrs. M'Murrich until tliev were on the track f-"There was a shadow from a big building. This may have been the cause.' The Conductor's Evidence. . Kobt. C. Peid, tramway conductor) gar# evidence • principally as to the tinio at which the gong sounded. • On going .out to the back of the car (after stopping) he saw a- lady, and, supposing that shewas the pause of the stop, lie said: "If you get wandering about there in-the-dark, lady, vou will probably get hurt." Mrs. M'Murrich then replied: "Where is ho?" and witness then went to tho front of tlio car ,and found that the accident had happened. • , : To Mr. O'Shea: Tho power was shut oft after tho first gong had sounded opposito the Telephone Exchange. It was a good stop. Ho had not seen a .finer one. Ho felt tho emergency brake put on, and ■ would say tho car travelled anything from lOfl. to 15ft..after the brake had been put, on,

Testimony of Passengers. George A. Minifie, barber, stated that lie was a passenger on the car. When opjKjsile .1 onkiiis and Slack's, the ear stopped suddenly. Witness was on (he top of the ear. and-, looking over the side, ho saw a lady coming round at the back of the car, and heard her calling out, "Whero is he?" He could not swear that ho heard the gong ling previous to the accident. Tlio car was going at its usual rate.

John M'Morran, labourer, who was also on the top of tlio car, corroborated tlio evidence of the previous witness. _ The sudden stoppage of the car threw liiui off his seat.

To Mr. O'Shea: It was a very dark, dirty night, with a thick black fog. The Finding, His Worship said: It is very clear to. me that the causo of death was accidental. Mr. and Mrs. M'Murrich, after leaving Jenkins and Mack's window, attempted to crjss the road (towards the Exhibition). 'lbfy saw the tram coming along, and Mrs. M'Murrich thought that thero was ample time to pass in front of it. For some reason or other, they mado a pause between the two sets of rails, ana the husband then proceeded to niss iu front of the oncoming tram, while Mrs. M'Murrich remained where she was. i think it is quite consistent with the evidence that, when deceased found that his wife was not following him, lie stopped (probably just for a moment or two) on tlio track. The emergency brake was put on, but tho distance was so close that the car struck deceased. Mrs. M'Murrich. then passed round the back of the car. Death was caused by an accident brought about by the hesitation of the deoeased when crossing the line, probably through his anxiety for his wife's welfare, and no blame lyas to bo attached to the motoma'n m any way whatever."