MOTORMAN TO BE TRIED

Dominion, Volume 36, Issue 272, 12 August 1943, Page 6

MOTORMAN TO BE TRIED

Charge Of Manslaughter SEQUEL TO KILBIRNIE TRAM SMASH A sequel to Hie capsizing of a fullyladen tramcar of the Feducla type at the intersection of Coutts Street and Onepu Road, Kilbirnie, shortly after 7 p.m. on June 12 last, in which James Edward Kerr, a member of the Royal New Zealand Air Force, was fatally injured, and 28 other persons hurt, was’ heard in Hie Magistrate’s Court, Wellington, yesterday, when the motorman, Donald Norman Mae Lean, aged 33, was charged with committing manslaughter by killing Kerr. The charge was heard by Mr. Stout, S.M. Detective-Sergeant W. McLennan conducted the 'prosecution, and Mr. F. W. Ongley appeared for accused. Mr. J. O’Shea, city solicitor, watched proceedings on behalf of the Wellington City Corporation. George James Cook, a driver employed by 'the Wellington Free Ambulance, said he was on duty ou the night of June 12 and received a call to Kilbirnie, where a tramcar had capsized There were a number of injured people lying about, and he conveyed an injured member of the Air Force to the hospital. The airman appeared to have been severely injured Dr. Elsie Craig Gibbons, house surgeon at Wellington Hospital, said that at the time of admission to the hospital Kerr was unconscious and died on the night of June 12 as the result of severe head injuries.

Joseph Michael Kerr, night porter, Lower Hutt, said he identified a body at Wellington Hospital as that of his brother. Leading Aircraftman James Edward Kerr. John Lee Walker, tram inspector, said that there were a number of compulsory tram-stops in Wellington, and trams should stop at these places whether any passengers were getting on or off? It was necessary to approach automatic points at a slow speed, as the points might not act if crossed too fast. The speed should not be greater than from eight to 10 miles an hour. On the day of the accident accused should have reported for duty at_3.39 p.ni., but he did not do so till 3.45 p.m. Accused said he had made a mistake iu the roster signing-on time. He did not ask him whether he had been drinking. Accused was that night driving a car from Seatoun to Lambton Station and witness later saw the car he had been driving lying on its side at the intersection or Coutts Street and Onepu Road, Kilbirnie. This intersection was a compulsory stop. Points here controlled the trams taking the different routes. On approaching the point, it was necessary for the motorman to change it >to suit the different routes. Accused would know that it was necessary to alter 'the points. Norman Bertie Burridge, tram dispatcher, said accused did not report to witness for duty at Lambton Quay at the correct time 'that day. When he reported for duty accused was sober and in his ordinary state of health. Kathleen Hansen, tram conductress, said she was on duty on. the tram on the night of tlie accident. _ Accused took over as motorman at 4.59 p.m. Prior to taking up duty at Lambton Quay, witness saw accused walking as if he were “acting the goat.” He appeared to be drunk. His driving was quite all right. On one journey back 'to the city witness attempted to fix a. light which was out. While doing this she noticed a bottle of beer in a pocket of accused’s overcoat. The car was a few minutes late in arriving at Seatoun about 7 p.m. that night, and accused disappeared for a few minutes. Witness changed over the controls for him. When they reached the terminus witness heard the motorman of the following car tell accused to go straight through, and he would pick up ■the waiting passengers. The tram was crowded on the 7 o’clock trip in from Seatoun. Witness .noticed that the speed of the car was too great, and coming along Coutts Street it was rocking. VI itness was collecting fares when the car capsized at the intersection of Coutts Street and Onepu Road. The car was then travelling at much greater than ordinary speed. She attributed the accident to excessive speed. Neil Frederick Alexander, clerk, said he was a passenger on the tramcar, boarding it nt the Seatoun terminus. Het saw the conductress change the seats, and change the motormau’s controls. The tram was one of the closed-in type, and was crowded. He noticed that while travelling along Broadway, it was travelling at excessive speed, and was rocking. The car continued to travel at excessive speed after leaving Tirangi Road, and threw a number of people off their balance as it lurched around the curve opposite Rongotai College. As a result of the speed at which the car was travelling, witness expected something to happen- „ . Cross-examined by Mr. Ongley. witness said the tram did not decrease its speed after it turned the corner at Rongotai College till it capsized. Rex Wilson, apprentice, aged 16, said the tram-car on the way in from Seatoun travelled very fast. It lurched violently turning the curve opposite Rongotai College, and did not decrease speed till it capsized. r Kingi Taliiwi, chief translator for the Native Affairs Department, said be noticed that Hie tramcar was swaying before hi> boarded it. Tt lurched at the bend opposite Rongotai College, and travelled fairly fast. The windows began to rattle. and witness decided to get off at the stop near the post office. Witness was alarmed nt the speed at which the car was travelling, and passengers were becoming panicky. He attributed the accident to an error of judgment on the part of the motorman in approaching the points nt. the intersection at too great a speed. John Raymond Bridgeman, a member of tlie New Zealand Air Force, said he boarded the tram at Tirangi Road, at the motorman’s platform, and tlie motornian ordered him abruptly to go inside. The tram lurched violently at the bend opposite Rongotai College, causing witness to lose his balance. The car continued to travel at excessive snood along Coutts Street till it capsized. Witness had travelled on tram-cars frequently during the past few weeks, but the car that night travelled faster than any ho had travelled in. Broken Shoulder and Ribs. Percy Roy Paul, pilot officer, said ho hoarded the tram-car at Tirangi Road that night. Tlie car did not stop, and witness bad to board it while it: was in motion. The ear lurched violently.as it turned the curve opposite Rongotai.College, and travelled much too fast till it loft the rails. Witness did not hnow whether he jumped off or was thrown off when tlie car capsized. He injured his head, and broke his shoulder and two ribs in the accident. He attributed the accident to excessive speed. Bertie John Child, corporal in the Air Force, said that when he boarded the car nt Tirangi Road, the inotonnan told him to move down into the car. Witness told him to give the passengers a chance to get on. The tramcar lurched at the curve opposite Rongotai College, and travelled fast till it capsized. . Gwendoline Matheson, sergeant in. the W.A.A.F., said the car was definitely travelling 100 fust, and was rocking. It was travelling al excessive speed as it approached I ho intersection of Coutts Street, and Onepu . Road. Erie Stanley Russell, sergeant, in the R.N.Z.A.F., now of Nelson, said he was standing at the intersection of Coutts Street and Onepu Road about 7 p.m. ou June 12, when he saw a tramcar approaching very fast, and rocking from side to side. He considered the car approached the points at 30 miles an hour. The car capsized and skidded for some distance on its side. He attributed the accident to excessive speed. A number of passengers were thrown out after the car left the rails. David Roy McLachlan, a member ot the New Zealand Air Force, said that the car as it approached the intersection of Coutts Street and Onepu Road was travelling at from 35 to 40 miles an hour. It did not, appear to slow up as it approached the points.. The motorman did not appear to use his brakes. Witness attributed the accident to excessive Speed. . , . Fred Stanley Whaler, printer s machinist, considered Hie tramcar was travelling al: excessive speed, which he esti-

mated at 50 miles an hour. It was rocking violently. Frank Septimus Merchant, permanent way superintendent of the tramways department of the Wellington City Council, said he made a detailed examination of the automatic points after the accident and could find nothing wrong with them. Jack Warwick Francis Welch, tramways engineer, said that on June 12 he made an examination of the points where tlie accident had occurred, and found them as good ns they could be. He could find nothing which would cause derailment. On the evening of the accident lie had watched upward of 30 tramcars operate the points without failure. The maximum speed at which a tramcar of the Fiducia type could travel ou tlie level with safety with the load this ear was carrying that night would be 24 miles an hour. Ernest Francis Hamilton, brake engineer in the employ of the Railways Department, said he had been called on to make an examination of the tramcar after the accident, and had found the brakes iu good order. From examinations lie had made he had come to the conclusion that the brakes on the car were in good condition at the time of the accident. Detective J. H. Aity said that when he saw accused be said he bad been advised not to make any explanation in the meantime.

Accused pleaded not guilty, reserved his defence, and was committed to the Supreme Court for trial. Bail was allowed in a personal bond of £lOO, and one surety of a like amount.