The Evening Star TUESDAY, MARCH 1, 1881.

Evening Star, Issue 5609, 1 March 1881, Page 2

The Evening Star TUESDAY, MARCH 1, 1881.

In regard to the very lamentable accident at the Kensington railway crossing, the jury could hardly come to any oilier conclusion than that Henry Mayo met his death accidentally; whether they were justified by the •evidence and the generally in appending a rider to their ver-

diet strongly censuring the Railway Department for not providing a signalman at all hours when trains are running, must be a question of opinion. The facts of the case, divested of superfluous matter, were much as follow: A cab, driven by Miwiael Keys and containing the deceased and other passengers, left Hutton's Hotel, according to the evidence of Keys himself, at about a quarter past eight o'clock. The wind was blowing strong up the harbor, and the night was exceptionally dark. Although Keys states that he " pulled " the homes nearly into a walk in " order to listen whether a train was " approaching" when within fifty yarda of the crossing, other testimony proves that he was proceeding at a brisk pace—so fast, indeed, that Peter Johnston, the storekeeper, who " sang out" to him to stop, was unable to attract his attention. The whistle of the train was distinctly heard by Johnston and two other residents in the immediate neighborhood ; and the evidence of the engine-driver, guard, and fireman of the train, to the effect that it was sounded continuously for some distance before reaching the crossing, was fully corroborated. Ksys and his passengers did not hear the whistle at all, which is easily to be Recounted for by the rattling of the cab and the conversation probably going on. Now this particular train was no extra or unusual one, but the regular mixed train which runs daily, being timed to arrive at the Dunedin station at 8.30 p.m. Keys swore that, although he had driven on the road regularly for nearly four years between the hours of Hm. and 11 p.m, he was not acquainted with tho hours at which the trains pass, " the time-table " being constantly changed." "We are not aware whether the time of this particular train has recently been altered, but, unless very recently, Keys should have known that about the time at which he attempted to cross the line at—to use his own wor dß—" % brisk trot," a train was due, or thereabouts; and he should have realised theiefore that consequently extra precaution was necessary, wch as pulling up and waiting a minute or two to listen for the whistle. The buildings recently erected on the Caversham side of the road between Hunter's Hotel and the railway crossing absolutely prevent persons proceeding on foot or in vehicles towards it from seeing trains for Dunedin approaching. However, notwithstanding the facts that the night was dark j the wind high and blowing up the lino, bo as necessarily to deaden the sound of a tiain which might be running down, that it ia impossible to see whether the line is safe until you are absolutely on the rails; and that a down train was duo about the time ; Keys rattled on, with the result which has been so deplorable. It is very much the case of the pitcher going very often to tho well but being broken at last. The custom has notoriously been to make a dash over this crossing without waiting a moment or two in order to make sure that a train is not close at hand.

With regard to the rider which the jury appended to the verdict, and which "was so strongly condemned by Mr Haggitt, we are unable to concur with the expression of the " strongest "reprobation of the Railway Department." It is no doubt the duty of the Government to take all reasonable care of the lives and property of the public in connection with the traffic, but it la as clearly the business of individuals to use prudence and common sense, and not rashly expose themselves to the risk of accident. Open crossings must always be a speeifio danger; but, if the railways are not ibo be worked at a coßt altogether disproportionate to the means of the Colony, open crossings for many years to come will have to be the rule rather than the exception, " Look out for the locomotive " is the standing motto «f the American lines, and people must understand that in tbe case both of railways and trams there are elements of danger which require to be guarded against. Nothing is simpler than for drivers of wahictea, horsemen, and pedestrians to atop a minute or so and look about them before passing an open railway crossing. M night this precaution is moat specially necessary, and if observant the whistle of an approaching train ia sure to be heanj in time, and all accidents of collision avoided.. As regards the law in tho matter of railway crossings, referred to by Mr Hagoitt, this is clear enough. Section 130 of the Public Works Act, 187G, provides that " where a road crosses a " railway on a level, the public right--of-way ait B.uch crossing shall cease " whenever any engine or carriages are " approaching within the disbance of a "mile from such crossing:" the meaning, of course, being t)?a,t when a train is in sight or the whittle is heard, which it can be a wile off, persons venture on the line at their own risk. In respect to this particular crossing at Kensington it must be admitted Jhat the recant erection of buildings, to which we have previously referred, does constitute a special danger which was not existent when the present arrangements of the Railway Department were made, ifaikkig this into consideration, together with the fact jtsst the road crossing the line is the main arterial communication between the Flat boroughs .p4 the City, and consequently carries ai very considerable and constant; traffic on wheels, on horseback, and on foot, wo j&re disposed to think that the circumstances are so far exceptional as to justify the Gov&'nment in incurring the additional expenditure of maintaining at this crossing a coatin.uo.us ( service of signalmen, and possibly theerection of gates.

Tin war with the Boers, vhich in the 6rst instance appeared likely to be an easily-quelled insurrection, has assumed a moat serious aspect. The accounts which reached us a few days since led to the expectation that Sir G. PomeroyColley had reached a position which he had determined to hold until reinforcements reached him. Next we were told that he had been joined by additional troops; and now comes the sad news -that after a most gallant resistance on hi£ pajfb with only six companies of British soldiers, ha and about five-sixths of his oncers ajid men have been cut ofE Comment on so sad an! event is useless apart imm M }>W J

ticulars of tho contest. It is sadly to bo feared that the disasters to which the British arms have been subjected in South Africa are but further illustrations of the tendency on the part of the British Government and their officers to underrate the forces against which they have to contend. It may prove but a surmise, but, judging according to present information, it would seem that the British troops had advanced too far into the Transvaal to be able to retreat to a safer position and wait until the reinforcements despatched from England and India could reach and support them. No doubt, it is desirable that insurrection should be crushed in its beginnings; but it is only sacrificing human life and spreading disaffection to attempt its suppression with inadequate means. The first Napoleon was charged wibh cruelty when he quelled a riot with cannon balls and the presence of an overwhelming army; but he defended himself by saying that the first sacrifice of life was but small compared with what would have had to have been made had riot developed into rebellion. We fear this stem truth will be realised in the Transvaal Every victory encourages the Boers whilst it weakens them, and at the same time it renders still more necessary that the Imperial power should assert itself at any cost of money and men. Sad indeed is it that brave and gallant heroes should be sacrificed in a vain struggle against overwhelming numbers. Sir George Pombroy - Colley has done what ho could, and died doing his duty.

The Government Intend continuing the charge of the extra sixpenoe oa all non-paying telegraph stations. The City Council last evening by six votes to three adopted the Finance Committee's report, and an addition of 3d in the £ will therefore be made to the City rate, bringing it up to 1« Gl in the £.

The North Taieri Sohool Committee hard voted for Messrs ShanJ, Eider, and Begg aa numbers of the Education Board. The Milton High School Committee voted as follows : Mr Bugg, 5; Mr Elder, 5 j Professor Shand, 6. Mist M. E. Grant, of Tokemalrlro, has been appointed matron of th« Forbury Sohool; Mr Kyle, of Ravensbourne, head-master of the Mornlngten Sohool; and Mr C. Mahoney, of Biverton, first assistant of the Milkon High Sohool, Martin Brennan, a oab-driver, was feund this morning lying in an insensible condition on the road near Mr Hsary Driver's, Maori Hill. He was taken to the Hospital, where ho still lies in an unoontoions state. His forehead is severely bruited, and he has a out over one of his eyes. It Is suspected that ho was thrown oat of his oeb, but how is net known as yet.

The quarterly meeting of the Licensin Court should have been he'd to-day, but at the appointed hour the only Commissioners In attendance were Mr Simpson, R.M., and Mr Mainland, JP. There was thus no quoram, and Mr Simpßon said that the business would have to bo adjourned for a week, Mr Fraser being out of town and Mr Eliot*, tho other C jmmiasioner, being engaged to-day at some wedding festivities.

Writing on the result of the beat raoe the 'Sydney Morning Herald' says :—"Layoock, an Australian born and bred, has honestly maintained Australian manhood, and we are not sorry that he has done in his defeat what his viotory would probably have rendered difficult, that is to say, silenced the oarping tongues which, in spite of evidence, sense, and the sculler's unspotted reputation, persisted in whispering that Edward Triokett could have won had he liked."

The ' Lyttelton Times's' Wellington cor. respondent telegraphs : —" A scandal in connection with the misappropriation of a legacy is likely to orep up unites restitution is made. It appears that a legacy left to a lady resident in Wellington was appropriated by her son, ho obtaining the money by means of false repretentafioQo, of whioh she has become recently cognisant. Tho matter has been placed in the hands of a solid tor, and the son has been given a certain time within whioh to make rest! hi Hon ; otherwise oriminal proceedings will be instituted."

An accident occurred oarly this morning at the harbor works at Ravonabourne. A* 8.15, as the p.s. Penirlsula was going to the crane at Ravensbourae, she foaled >£• pant's anchor buoy, whioh caused one of the punts to slew in tha direction of the piles now being driven abreast of the derrick on the wall. Seeing that a email boat between the eteamer and the pile would be onuhed, A. Little, one of the workmen, being nearest to it, jumped into the boat and tried to save it. The boat, however, waa orusked. whilst he w»o In It, &nd In the s.ak of getiieg from it he waa oaught between the pllsa and the pant, He waß brought up to town by the steamsr, aad immediately ocnv«yed to the Hwpital, where it was foand that his left side was contused.

There was a dlsgraoefal scene in the New South Wales Legislative A»sembly on February 22. Mr David Buchanan, the apostle of Protection, moved the adjournment of the House, and made an attack upon Mr M'Elhone respecting his obtaining a free pass for his sons. He accused him of mean* hess, Mr M'Elhone replied, attacking the accuser,'and" insinuating that he was guilty of disgusting and .contemptible conduct, and had been Tugged ab*,'ui through country townships in a wheelbarrow Ja a beaitly inebriety. He should be to enter the Chamber. Mr Buohanan made an angry rejoinder, using violent and insulting expressions. Members listened in painful ftllence whilst the two legislators bospattered each other with abuse. The scene laited half-an-hour.

At the close of the Interprovlno'al orioket matoh the two teams adjourned for lunch, '%£ sbe oonclusion of which champagne was handed round, and Mr Fowler (the Canterbury captain} row ah<jl, after a few friendly words, proposed tuo' fcealtlj of the Otago team, coupled with the name of fckei? captain, Mr Collinson. This toast having been drunk with mu«loal honors, Mr Collinson responded, and took ocoasicn, on behalf of the cricketers of Otago, to disolafm the sl/ghtest sympathy with certain remarks whifib bad lately appeared in a Dunedln paper ©» iba (i{SQ&*lvn of the defeat of Canterbury by the He cencluded by proposing the freaitk of j;he Canterbury team and Mr tfowler, who, jn reply, acknowledged the uniform kindness and hospitality whioh Canterbury players had always received from their brother cricketers in Dunedin, and whioh waß such as to prevent Canterbury men from ever supposing t£at the artioles in question had been written &y anyojje oonneoted with , oricket there. * J

William fcloyi, who ia conHnjjaliy getting into hot water through allowing his tongue to run loose about the private affairs of his neighbors in South Dunedin and Caversham, made a re-appearance at the City Polioe Court thiß morning. He waß oharged, en the information of James Forreßter, with asing iniulting and threatening language to nm* cc t£e 19bh ultimo. Mr Denniston appeared fo? tjbg oomplainant. From the evidence it appeared that complainant went to Craig's Btore to get some 1 tobacpo, and whilst passing the door defendant Btynok a match and held it close to complainant's fa/se. When he came out again complainant told defendant that he did not want to have anything to do with him. defendant replied "But I want toj have something to do with you. I shall \ never rest until I hayo had the broad-arrow placed on your baok, you old bald-headed b ." Defendant was ordered to enter! Into a bond of LlO and to find two sureties I of L 5 each to keep the peace for three months. Ellen Delaney, a woman cohabiting with Lloyd, pleaded guilty to a charge of using abusive language to Bridget Thomas on the 23rd inat. She was bound over to keep the peaca for three months in her own recognisance of L 5 and one surety ofLlf. '

It wsh decided by the Dunedia Board of Assessors yesterday to be incompetent, under the 13feh clause of the Property Assessment Act, to determine the capital of a company for the purpose of taxation by the sum total of all its allotted shares taken at the marketable value. Other Boards of Reviewers have held an opposite view, The monthly meeting of the High School Board of Governors was held yesterday. Present—Dr Stuart (in the ohair), the Hon. W. H, Reynolds, and the Mayor (Mr A. H. Ross). It was intimated that arrangements had been made with the Government by whioh the Board were to be allowed to sell the Wyndham runs endowment. Accounts amounting to L 445 15* lid were passed for payment, and some routine butiaeas w»s transacted.

The telegraph statlo* at GomlwooJ has been closed.

Lodge of Otage, 844, 3.C., meet to-morrow at 8 p.m.

The Staidard Propwty Investment Society meet to-morrow.

We have received Seward and CVs share circular for thh month.

Loyal Albion Lodge, M.U.I 0.0.V., meet tomowow fcveni.g. Supper afterwards Tho Buildisg Oomm!ttee of the Mornington Presbyterian Ohuioh meet to-morrowevtniag at 8 o'clock.

A preliminary meeting in oonneaiion with tho Gaelio Society will be held to-morrow evening.

Mr J. B, Bradehiw's monthly * Share Ksport and Investors' Guide 'is t« hand. It contains, as usual, valuable information to oapitalhrts seeking investments.