RAILWAY APPEAL

Manawatu Standard, Volume XLIV, Issue 1040, 12 June 1924, Page 5

RAILWAY APPEAL

SITTING OF BOARD, / EX-PORTER'S CASE BEING HEARD.

A sitting of the Railway Appeal Board was held in Palmerston North this morning, when the hearing was commenced of an appeal by J. D. Carty, ex-porter, against his dismissal from the service. Mr J. G. L. Hewitt, S.M. presided, and with him there were Messrs V. R. J. Stanley, First Division representative, and T. G. Glasgow, Second Division representative. Mr M. Connelly appeared for appellant and Mr G. H. Mackley for the department. In outlining the case for the department, Mr Mackley stated that appellant had been dismissed from the service for assaulting a superior officer whilst on duty. The incident had occurred at Palmerston North on February 2 of this year between 1 and 2 p.m. Appellant had been left in charge of a gang during the lunch hour and on the return of tic goods foreman. Mr Sweeney, had been told to expedite his work. The assault which followed had been a most serious one. continued Mr Mackley, and it was entirely unprovoked. Mr Sweeney had sustained severe facial disfigurement and other injuries. As. a result he was in a slate of collapse and had to receive medical attention. It was not until eight days later that he was able to resume work. The case for the appellant would be a denial of the offence and further that Carty had been attacked by Mr Sweeney and kicked on the shin, but it was a significant fact, stated Mr Mackley. that Carty at the time had not reported having been assaulted. There had been a complaint by Sweeney and the matter had been investigated by the stationmaster and subsequently by enquiry and punishment boards. The general manager of railways had concurred with the findings of these bodies and had recommended C'arty's dismissal to the Minister, with the result that he had been discharged. The punishment, concluded Mr Mackley, was quite in proportion to the serious nature of the assault. John Sweeney, goods foreman at Palmerston North, deposed to having been assaulted by appellant on the day in question. Carty had not had any cause for provocation. Cross examined by Mr Connelly, witness stated that he had at times been remonstrated by shunters who objected to his attitude towards them. It was true that liquor had been found in his locker, but this had been placed there in keeping for men under his control. The reason why there was an inaccuracy in the statement he had made and signed on the day of the alleged assault was because at the time he was suffering badly as the result of the attack. He had not used a hand on Carty nor had he kicked him, as was alleged. To Mr Mackley, witness stated that Carty had always shown reluctance to obey orders from him. Mr Mackley then called Mr J. J. O'Shea, stationmaster at Palmerston North, who stated that, at 1.45 p.m. on February 2, he had received telephonic advice at his residence to the effect that Foreman Sweeney had been assaulted by Porter Carty. Witness had immediately gone to the station, where he had found Sweeney evidently suffering from the results of an attack. Sweeney reported to witness the circumstances leading up to the assault and signed a statement. Witness had subsequently obtained statements from Cartv and the men working with him and had formed the opinion that an assault had been committed by who, in consequence, was suspended. Carty, in witness's opinion, was not a man amenable to discipline. Witness had always found Sweeney a temperate man and had never had cause to suspect him of drinking when on duty. , , The Wird then adjourned for luncheon.