THE RAILWAY ACCIDENT.

Evening Star, Issue 5609, 1 March 1881, Page 1

THE RAILWAY ACCIDENT.

Wo continue oar report of the Coroner's inquiry iato the death *f Henry Mayo. Griffiths Roberts: Up to January I had ohargs of the Caledonian Hotel in Walker street. I was aartner with deceased in a booth on the raoeeourse, aad I was ia the oab with bim whoa the accident took place. We left the course about eight o'clock—he and I together* At Button's Hotel we and others got into the sab. We all had a drink thera—six of t». The drirer of the oab did not hare a drink. We then got into the oab again and proceeded to war da town, reaching the mil way oroeaisg about 8. SO p.m. I saw no sign to oautioa u« before approaching the crossing. Iwm aa the box-seat. I did not hear the railway whittle, ner anyone calling out to us to «top. Ido not remember if the driver pulled aa at all; he might have done ao. He wan driving at about the ordinary pace of a tab. When ©rowing the line I saw the funa«l of aa englae aad I was sent flying away. Ido not remember any more until I was pioked up. Deceased was riding inside the oab. After the aooideat I saw him lying on the platform, eeaselesß aed bleeding. Peter Johnston, storekeeper at Kensington : I was walking oa the Ocean Beach tide of the line on the night of the accident. I heard the whittle of an approaching train when I was about 100 yards distant from the line. I noticed two ©aba dririag from the direction of tks Oetaa Beach, aad sang cut to them to stop, aa a train was oeming. As I was behiad the vshiolas I was unable to stop their, howarer. They were geing at an ordinary kpeed. I observed, the crash of the first C4O as the train passed the crossing. The oab* were abaat tweaty yards from the liae when I called oat. The engine gave a aingle trU«4l«, wkloh »jn>»*j-e<i fco mo shorter than usual. It wm a short whistle up the line a bit, aad did net ooatraus until the croasiag was reeoh*4. The irata caught the horses and oab aad threw th»m np on to the Kensington alatf«raa. T*e wiad was blowing up the harbor. The teata stopped about 100 yards pact the croaring, at White's Pottery Works. Th« night was very dark. To the Feroaiaa : I was flfky yards away frwa the eroasiag whea the collision took plaoe. I ooa«<er it is very doubtful wketker the iret oahataa weukf have been able ta step ia tsaie eraa if he had heard the whistie. The rattle of the oabs aad the noise ti the wfasd ware euffioieat t* deter the drivers froan h*aziag tiu whistle. Ftaaois Doaherts/, latorer, residing at Sauth DaaaeMa : I was aloee to Jvhnston's store whea fee aeoidest eeoufFad, about sixty yards frem the oreaaiag, I heard the engice whistle aaa Jehsetaai eall eat. I fauad Mayo after the aeaiaaat ketweaa Ike sails aadftha atation. Whea fee «agin« whiaHW it must have been ahoat 800 yards bom the oreßßiDg. At 5.90 p.m. the iaqueet waa aajwirned to Oolder'a Q^sea's Hotel, Albany street, at 7 o'olock,

Oil reramieg, Edward Lyons deposed : I vh lately a ptblioan, aed reside in Cumberland street, l| wm in Keys'* oab when the accident occurred. I was sitting on the box next to the driver. In ayoreaeWng the crossing we were going at a slew erdinary tret. I did net h«*c the eagiae whittle, or *ny signal of the eagaae's epareaoa. I did net hear any aeasea eeil to toe driver as he approached tin ereedsg. The Aesaassd, Henry Mayo, was i* the oak Afta? the eoßieton I saw him lying senseless en the Kaasiagton platform.

George Wybar : I wm lately a hotelkeeper raiding at Senth Kenstagteti, and was pre* seat ft* Hie scene of the aceMect. I was staadiag on the road, and aotio«d two cab* approasaiag the eroasfag. A* the foremost was aWut to pees Mm crossing a train dashed up aad drove the vehicle before it. After tee oolHuiem I found Mayo near the Kensingten railway station, and helped to bring him to the Hospital. I did not hear the train approaching. The oabs were going at &b ordinary paeo. I saw the witness Johnston about twenty-fire yards from the crossing at the time of the accident, bat did not hear him slag oat anything. The train stopped about White's crossing. The night was very dark. William Mnrr White: I reoollect the night of the aooident. I was standing in my house looking oat cf a window. My house is 150 yards from the crossing, alongside the line towards the Anderson Bay road. A little past eight o'clock I heard a train approachisg Ducedin, and heard the engine whistle. The train mußt have been near the crossing at the time I heard it first whistle. When near my house it whistled again. I went oat and found that the train had stopped, and that an aooident had occurred.

William Higsrfnß: I am a oabdriver, residing at St. Kilda. I have been driving cabs between Danedin and St. Kilda for five years. On the night of the 23rd inßt. I drove from St. Kilda into town. I left St. Kilda at about eight o'clock. A cab driven by Miohael Key* was going at the same time as me. On approaching the orossing Keys took the lead. The night was dark and windy. Both cabs had lights. We were travelling at the rate of six or seven miles an hour. Keys slackened his pace as he drew near the crossing, but did not pull up, I never heard an engine whistle, or the noise of a train approaching. There was no signalman at the crossing. A signalman is stationed there during the day, but leaves at eight o'clock. Henry Atkins : I am an engine-driver, living in George street, Dunedin. I drove the engine which came into collision with Keys'* oab. It waaabouttwentyminates past eight when we drew near the cros 1 ig. I commeiced to wais'le 250 yards away from the crossing, and ootioued to do bo until I was twenty-five yards from the crosi i >g. Just a* the eagine was passing the crossing I noticed two horsed ae*ds in front, and immediately afterwards I heard a horrible cull thud. The wiadowa and lamp of the engine were broken, and I received a sudden shock. Upon recovering myself I stopped the engine. The eagine stopped 100 yards past the crosaing, oppoeito White's. I took my gauge-lamp and ran back to a»e what W2S the matter. I saw Mayo on the platform. The train was going at the rate ef from eight to ten miles an hour. In ooming towards the ocoeafcag from Caversbaai one has not an opportunity of seeing anything coming from the direction of the Ooean Beach, as a number of houses obstruct the view. The night was very dark. I have no particular instructions as regards the Kensington crossing. There ie a sharp curve between Cave r--Bn»m and the crossing.

John Redpath: I am a railway guard, living in Dunedin. I was on the train which ran into the cab at the Kenefgton-crowing recently, The usual preoauWen was taken on aoproaching the crowing. The whistle waa mounded from the Caversbam Bridge to the crossing. The train waa going at the rate of ten miles an hour. I never felt any shock. I waa standing at my brake. When the train stopped I went back with the fireman, and fouud an injured man lying on the Kensington platform. I requested the people who had gathered to tee that the injured persons were removed to the Hospital. Had the accident ocourred in the country I would have put them into the train, but seeing a mumber of vehicles about I thought by acting m I did two removals might be averted. The train consisted of five trucks of coal, two carriage*, end a guard's van. It vae a mixed train, aad runs daily, arriving at Dunedia at 8 30.

James Allan: I am a fireman, living in Cumberland street. I was on the engine whioh collided, with a cA at the Kensington oroeeing. As the engine was passing the

•dressing I saw two horses shoot in front. The next moment there was a crash, and the ■windows of the engine were smashed, The engine-driver blew the whistle from Caversham Bridge till a few yards from the crossing. Aa he got near the bridge he eald he would give passers-by the benefit of the whistle, In oonsequonce of seeing a letter in 4he'Times." AfDer the accident the train &s« sfcoprwd u soon as possible. John R»dpath, recalled : There were three wStteageni In the train—a woman »«d two tinnartAsu Impevtor Waldos here intimated that Mr Armstrong aHd twe others who had suffered by the aociuent were unable to attend the feonwt, and asked the Coroner if it would be werttr while adjourning for the production at fnrtfcer evidence. The jury intimated tba 1 ; they did not wish t? hear any mors evidence, and Tb» OoroMr said : I think it is very apparent that in the first place there is no wilfnlmm in 4a« owe on the part of any persons efemwfcwl with the accident. It appears to ae the.* *• only aotive agents who oould in any way b« called responsible for the aooiflatt w*# *be cab and engine-drivers. lb 8 for you to oonßider upon the evidence whntbt* either the one or the other has been gaaty ei culpable negligence. Posribly, flw, a swondary matter that you might take iato ooasideration is the precautions wbiah ace iakea—whether those precautions are soffi«l»at or insufficient for the proventien of accidents upon a level crossing •JtnaM as this crossing is. Ido not knew that yon ean take any notice of that excepting ia *fc» »hape of a rider to your verdict. (V oonree it is cpen to you, if you think

•croßaiag I saw two horses shoot in front. The next moment there was a crash, and the ■windows of the engine were smashed. The engine-driver blew the whistle from Caversham Bridge till a few yards from the crossing. Aa he got near the bridge he eald he would give passers-by the benefit of the whistle, In oonsequonce of seeing a letter in 4he'Times." AfDer the accident the train &s« ebcpjed u soon as possible. John lUdpath, recalled : There were three wStteagew In the train—a woman aad two vßrlarew. Inepeator Weldon here intimated that Mr Armstrong aiid twe others who had suffered by the accident were unable to attend the fooueet, and asked the Coroner if it would be weittr while adjourning for the pioduotion at fartfcer evidence. The jury intimated tba 1 ; they did not wish to bear any mors evidence, and

thera I* ©aipable negligence on the part of either the drivers of the cab cr engine, to ttf»l i« * verdlofc of " M»n laughter;" cc yon way taiag io a verdict ci " Accidental ds*tb." The jury, after some conversation, returned the following verdict and rider : *' The jury find that Henry Mayo met with Mb death, accidentally, whilst riding In a cab from St. Kilda to Danedin, by the said cab owning into collision with a mixed train p*»»ing the Kensington crossing between the noun of 8 p.m. and 9 p.m. on the 23: d day of Fab>u*ry, 1881. We do not find that either the engine-driver or the cab-driver is responsible for the accident. The jury desire to add a rider to their verdict, in which tWy •xpresß their strongest reprobation ©f *■• K»ilway Dt-partment for not providing » *tenalman at tho Kensington crossing r» *$ hours when trains are running." 3V <!M:oner : I shall take care to forward yoor rl*«r with your verdict to the Government. Mr Haggitt mentioned that he did not thi»k tiure was the slightest evidence to Justify tke j«ry in adding their rider, and dstirsd ths Court to allow him to o»ll attention to tht 130bh section of the Public Works Mr Ma«D«rmott: The jury are wiser tban ths law-makers. That is all I can say.

A juryman asked if the jury's duties were now enled, or whether they were to listen to the arguments of the legal gentlemen. The Coroner: At present, sir, and until you aw discharged, you, with myßelf, constitute a Coroner's Court. lam referred by Mr who is watching proceedings on behalf of the Crown, to the 130 hj seotion of the PuWio Works Aot. [The Coroner then read the section, which provides that all railway Growings are for the exclusive use of any trains while approaching from the distaste of a mile.] I must say for my own part that I consider that if nobody is to pan a crowing while a train is within a mile from ft, troffio might as well be stopped altogether. Why, Kensington is not a mile from Dunedin; therefore, traffic must be stopped altogether if the Aot is to be strictly carried out. A reasonable oon. atruotion, I apprehend, is to be put on it. Notwithstanding the words of the Ac*, I cannot refrain from saying that I endorse the verdict of the jury in this caae. The woria of the Aot are such that no footpacsengtr or oarrlage-paiaenger has a rlgh to pacs a crossing whilst a train ia a mile distant.

Mr Hagtdtt pointed out that the Act meant that, if anyone parked a oroasing while a train waa not more than a mile distant, he 314,80 at his own risk.

The Coroner: I think that, looking at the number of people who are now livißg beyond that oroasing, and whose vocations bring t&esa to Duaedln after 7 o'clock, when tha signalman is withdrawn, I cannot do otherwise than any that I fully conour with your verdiot.

Mr Haggitt: But what is the idea of the duties of the signalman 1 The signalman is not put at the crossing for the protection of the public, but f&r the protection of the trains. The Coroner : I think he is put there for both purposes. He 1b paid out of publio money. It is not like a commercial transaction.

Mr Hagg'tt: What I simply do is to call your attention and that of the jury to the (act that the jary have added a rider which they had no right to do. There is not the slightest tittle of evidence on the subject of signal-keepers at all, Iu fact it has not eome out before this inquiry at what hour the sig»*im»n is withdrawn, or whether he is withdrawn at all. There hj merely the evidence, of the cabdriver that he never saw him after seven o'clock. For all we know to the contrary at the present time, the signalman may be there all night. The Coroner : We take the best evidence we oan get. If the Government or the Railway Department desired to show that a signalman is there after seven, it is perfectly open to them to do so. If the Government fail to do so, I think the jury are entitled to oome to the conclusion upon the evidence that the signalman is withdrawn at seven o'clock.

Mr Haggitt •. How does that agree with the ruling of the Court in the first instance, that the Government have no right to be represented here, and are only allowed to be represeated out of courtesy. The Coroner: I read from the ancient proclamationMr Haggitt: It is a waste of time to discusa the matter any further. Mr MacDormott: Take the verdict, and bo thankful.