ALLEGED MANSLAUGHTER

Hawera Star, Volume XLV, 20 November 1925, Page 5

ALLEGED MANSLAUGHTER

OPAPA TRAIN ACCIDENT. ALLEGATIONS AGAINST DRIVER. STORIES OF WITNESSES. (BY TELEGRAPH —PRESS ASSOCIATION.) NAPIER!, Nov. 19. Frederick Lavin, the driver of the engine of the Wellington-Napier mail train on September 22, on the occasion of the smash, was charged at the Magistrate’s Court to-day on three charges of manslaughter in respect to the deaths of Edward Vivian Iggulden, Murdoch Campbell and Kathleen Begley, all of whom died as the result of injuries received in the smash. The informations alleged that accused failed to take reasonable precautions and vase reasonable care to avoid danger, in consequence of winch the three deceased lost their lives. _ Detective-Sergeant Butler said the prosecution held: (1) That the tiani was driven at an excessive speed; (2) that liquor was taken on the train; and (3) that the train exceeded the scheduled speed downhill. PASSENGER ALARMED.

Percy William Peters, manager of McGruer’s Ltd., Napier, stated that lie was a passenger from Woodville on the ill-fated train. He knew the Hatuma district, and noticed that the train was traveling at an unusually fast speed. Noticing this, witness tested the speed between mile posts with the second hand of his watch. The train passed the four pegs, that i s one mile, in one minute 25 seconds. The train, as a result of the speed, was swaying. After leaving Waipawa, witness noticed nothing until passing Pukehou station, when the speed became more excessive. It seemed to witness that no brakes were applied until the crash came. He should estimate that the train was travelling fifty miles an hour descendthe hill, and he was sitting in anticipation of something happening. The speed of the train made the jonrney very uncomfortable, and 1 caused some of the luggage to fall off the rack. Witness had travelled downhill on numerous occasions for 15 years, and, being the holder of an annual ticket, averaged 2COO miles a month. He had never experienced a journey like it. The speed ’ of the train was far and away beyond 25 miles an hour. Maurice Begley, slaughterman, of Hastings, a brother of Kathleen Begley, gave evidence that on September 22 he, his mother, sister and brother were all passengers on the express, travelling in the first carriage. Witness had often travelled on the line in question, and in his opinion the train was travelling faster than usual coming down the cutting, causing th© carriages to sway from side to side. Witness never once felt the brakes applied. If they had been he certainly would have felt them. Wher e the engine left the line it was curved, and at the curve the carriage was so badly shaken that most of the passengers were thrown 9nt of their seats.

Mrs Kathleen Begley, mother of the deceased Kath'een Begley, corroborated the pervious witness’ evidence, adding that after the train left Waipawa it got up a terrific speed, which increased going down hill, the train swaying from side to side like a ship in -a rough sea. Mr Dolan: “You are claiming compensation from the Government? Witness: Yes. Have you been t-old that .you must give evidence here before the Government will pay you?—No. OVER FORTY-FIVE MILES. William Henry Jones, manager of the Hawke’s Bay Monumental Works, Napier, a passenger on the train, said that a very fast pace was kept up from Waipukurau, which increased' going down hil 1 . At one curve the train seemed tc leave the rails, but before it could right itself was on the next curve, where it left. Witness was of opinion that the brakes were applied between the first curve and the second curve, hut owing to the speed, the time was very short. Witness had travelled in a motor car for a number of years, the highest speed being 45 miles per hour, and in his opinion the train was travelling even faster than that. John Wilton Nixon, jockey, of Gis-. borne, stated he timed the train for a mi'e with a. stop watch after leaving Waipukurau, the time taken being 70 seconds. Mrs I. C. Nixon, wife of the previous witness, corroborated her husband’s statements. BOTTLES GOING . ROUND. Murdo Bain McDonald, organiser for the New Zeaahid and South Seas Exhibition, s aid that the occasion in 6uestion was the first time he had been over the line, but- he had been over it several times since, and was acquainted with Te Ante Hill. He believed the speed of the train on the fatal cay to he between 40 and 45 miles per nour, and he attributed the accident to excessive speed. Witness had since come down tli© hil 1 , and the speed seemed to be half. Witness had been near, the driver after the smash, and his breath smelt of alcohol. On the journey he saw several bottles going round among the passengers. ABOUT THE BRAKES.

Charles Fenton Manning, barman, of Napier, said he joined the express at We'lington and experienced a first-class trip till coming down the Te Aute Bill. The trip down the hill was very rough, and in consequence of the fast travelling witness was thrown out of his seat. It did not appear to witness that the brakes were applied. ; Mr Dolan: Will you swear positively that the brakes were not applied coming down hill? Witness: No, I cannot .• wear that positively. I think it wou'd take®an expert to decide that.’ A TERRIBLE. LURCH. Arthur Ernest Renouf, Napier, seated that .he rode in the carriage near the rear of the train. His first impression was that the train was travelling faster than usual, and when coming round the bend the carriage gave a terrible lurch, which nearly threw them out of their seats. The carriage, however, lighted itself, and almost immediately came to a sudden stop. Witness noticed no acceleration of speed going down hilL William Marven stated that to the best of his knowledge no brakes were applied. The speed seemed to be acce'erated on the descent of th© hill. The speed of the • train wa s approximately 40 miles an hour. Alfred Frank Hook, of Havelock North, a passenegr in the v next car to th© engine, said the train took pace almost- from Waipawa, and approaching Te Aute Hill appeared to be getting worse. As far as he could te 1 !, no brakes were applied at all, the some pace being kept up until th© crash. Nurse Huia Badger, of Napier Public Hospital, said that Marshall was travelling in the same carriage, but she did not see him after leaving Dannevirke. THREE PERSONS ON ENGINE, Charles Smith, a foreman, in the employ of the Dannevirke Power- Board,

submitted evidence to the effect that when the train passed Matamau, about ten yards from him, there were three persons in the engine cabin. . , Mrs Maud Smith, wife of the licensee of the Settlers’ Arms Hotel, Qrmondville, stated that she saw the train at Ormondville and noticed a person alight from the engine. She did not think the person had a hat on, and would not swear that the person was Marshall. Mr Dolan here objected to Marshall being called in for identification. Witness then said she saw the man go hire' the hotel and heard the train whistle for departure. The man' left the hote 1 , went over to the train and entered the first carriage. William Barnes, labourer, Ormondville stated that he saw a man leave the engine and go across to the hotel. When returning he was carrying three or four bottles, and entered the first carriage. The man whom he saw that day he had seen since, and recognised him as Marsha'l. Harold Onslow Baines, sheep farmer, of Ormondville, asserted that he was in the bar of the Settlers’ Arms," Ormondville. when, the express train arrived. A mail entered- the bar and bought- three bottles of beer, there being som e shortage in the cash. The man took the beer and went towards the train. Witness 'was quite positive that the- man was Marshall. Mr Dolan: Have you seen Marshall since ? Yes, 1 saw him about ten this morning. .The hearing was adjourned till ten o’clock to-morrow. *