MOTORMAN’S TRIAL

Manawatu Standard, Volume LVII, Issue 155, 2 June 1937, Page 11

MOTORMAN’S TRIAL

VERDICT OF NOT GUILTY, DRIVER’S EVIDENCE. Per Press Association. , DUNEDIN, June 1. A verdict of not guilty was -returned by the jury in the Sum-erne Court today in the case ill which Alfred Chapman, aged 83. acting-cram wuy motorman, was charged with manslaughtei in that lie killed John Kenny. The charge arope out of an accident on the Opolio train line on April 15, when Kenny -received fatal injuries through being struck by a derailed tram driven by accused. The jury retired at 5.5 p.m. , and returned with its verdict at 5.30 p.m. Chapman was discharged. Mr Justice Kennedy presided. Giving evidence, accused said he 'had been an acting-motorman since -September last, and held a motormau’s certificate. He described the. events of the morning of April 15 prior to his t-mi leaving the On olio terminus on the trip in question. He left the tcrmimls at 7.30'a.m. with about seven passengers on board. The hand-brake at the rear was released by the con-

I ductor and the car started off, but, | contrary to liis expectations it did not pull up on the magnetic brake as it should have, as he liad the brake lever at the third notch. He could not understand this, and when the car had gone about three lengths he put the . lever on the fourth notch. This did not improve matters, and the tram continued to gather speed, with the result that he realised there was something wrong. He put on the hand-brake, which required perhaps two turns for effective application and then six or seven or possibly mare 'erks at the finish. This had no effect ;>n the speed of the car, which was increasing all the time. He decided to use the third emergency. He performed three of the actions necessary for the application of this brake, hut when he was about to complete the process the car left the line. There was nothing else he could have done. Witness saw Kenny’ who seemed to be paralysed with shock and who, after making an action as though to ward off the tram, was struck and carried through the fence.

Witness said he did not suggest that the accident was due to his being

insufficiently trained or to lack of adequate knowledge. It did not occur to him that the grensiness of the rails might be responsible for the tram running away. In faot, lie was certain that that was not so.