CHARGE OF MANSLAUGHTER

Hawera Star, Volume LII, 28 July 1932, Page 5

CHARGE OF MANSLAUGHTER

DEATH OF BUS PASSENGER,

SECOND DAY OF TRIAL

(By Telegraph—Frees Association.)

WELLINGTON, July 27. The Shearing of a manslaughter oliarge against James Thomas Rutherford, arising from the death of Frank Miuirihead Gillespie, ’ a member of a dance party killed when a train struck a motor lorry at a crossing at Masterton, was continued to-day in the Supreme Court.

Rutherford under cross-examination said that he had driven parties to a dance at Kaituna a number of times. He admitted having driven over the crossing in the daytime, but said that it was- difficult to fix the exact posiion of the crossing at night after passing College Street comer. The Crown Prosecutor put it to accused that if he had been looking out he could not have failed to see the train.

* Rutherford did not reply. He reiterated that ho had mistaken lights further up the track. Thomas Pearson, Rutherford’s employer, said that up till the accident he had considered the crossing quite safe. From tests he ’had made since he had 1 found the crossing an absolute trap to motorists. He considered the accident was absolutely unavoidable; nothing would change- his mind on that point.

Gladys Evelyn Adams, domestic, a passenger on the bus, said the first she saw of the train was when the bus was on the railway line. Elwyn John Adams, wood cutter. Masterton, a passenger, said lie heard the whistle when the bus was half-way across College Street. He saw two .lights about 50 yards away; lie believed now they were street lights. The first lie saw of the train was when the bus was just on the line. The last two witnesses" were F'ra.nk Baldock Gray, carrying contractor, who described Observations made at the crossing, and MoTlie Wisbart, another passenger in the bus.

Addressing the jury counsel for B.utherford submitted that the fatality was not the result of negligence but was a pure, unavoidable accident. The court adjourned until to-morrow.