OPAPA DISASTER

Evening Post, Volume CX, Issue 124, 21 November 1925, Page 7

OPAPA DISASTER

DRIVER COMMITTED FOR TRIAL PASSENGEKS ON. THE- ENGINE. (IX TKUGRArH.—PREI3 iSSOCIMIOfi,) NAPIER, 26r,h -November. The trial of Frederick Lavin, enginedriver, who i 3 charged with manslaughter as a result' of a railway acci-. dent which occurred at Opapa on 22nd September, and which resulted in tho death of three persous, was continued today, i "•'.-'. Bichard Henry Edward Stillwell, railway ganger, said that he was at the 48-mile peg, a mile and a-half this side of Ormondville, when the train passed him. There were three-men in. .the cab' of the engine.' ' • ' Wilfred Alexander Wackrow, railway i engine-driver, stated that on the date in question he was in charge of a train standing at Hatuma Station when the mail train came, through. Lavin was driving the mail train and Donovan was the fireman. A third mail was in the cab of the engine, and that man- was Marshall. Mr. Dolan: "It !s against. tho regulations fpr anyone but the driver and fireman to be on the engine, isn't it?" , Witness: "Without a permit, yes." "Would the driver and fireman be liable if they allowed a third party on the. engine without a permit?"—" The driver would." ' "Would the fireman' be responsible if he did not report such a case?"—" Yes; he would be liable to-a- fine." Albert Ernest Waters, railway surfaceman, stated that when the exprw pulled into Waipukurau he was near tho railway crossing, about 300 yards fron,. the station. A man alighted from the train near this spot, which would be about a chain and a-half from the hotel. Witness would not know 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. Frederick Joseph Arlidge, contractor for cleaning railway trucks at Waipukurau, deposed that when the express pulled out he saw two men on the eh- j gine. and one had no hat. but neither of the two men was the driver or firs- , man. To Mr. Dolan: "Yes, two men on tlie engine as far as I could see; both strangers to inc." Charles Owen Genett, railway clerk, stated that lie was stationed at Waipawa, and was on duty when the express arrived. In the cab of the ontrine were three 'men—the driver, the fireman, and a third man dressed in a dark. suit. ' ' ■ Richard Knight, contract shearer at Paloka, and a passenger on the wrecked train, sail] that he got on board at Palmerstou North, getting into the first, carriage. Just before the train left Waipawa witness noticed a man walking past the carriage in- the direction of the engine. The man was carrying some bottles, George Streeter, inspector of permanent way at WaipuUurau, and in charsre of the piece of track in, cfuestion, stated that the condition of the track was first class.' Eugene Casey, inspector-engineer in the maintenance branch, snid that the scheduled sneed at the scene of the smash was 85 miles hn hour. No sign nf any obstruction on the track was discovered after the pmnsh. Oeorjre Jnlin Price, locomotive' forp . mnn. fnirl thnt flip engine wr\B in perfect order on the mnrnins: of the nceiHenf. '; At the conclusion of the e.iup for the prosecution necnepd pleader! not imilt.y, reserved hip defence, nnrj wye. i«mmitted for trinl.