FATAL TRAM ACCIDENT.

New Zealand Herald, Volume XXII, Issue 7267, 4 March 1885, Page 6

FATAL TRAM ACCIDENT.

CORONER'S INQUEST. A coroner's inquiry into the circumstances surrounding the death of Robert Clarke, who was killed on Monday by a tram car passing over him in Customs-street West, was held at Gleeson's Hotel yesterday afternoon by Dr. Philson, District Coroner. Mr. J. D. Roth was foreman of the jury. Alfred Sayers, the driver of the car, was present, and Sergeant Clarke represented the police. After viewing the body at the morgue, the following evidence was adduced — Michael O'Brien, bootmaker, deposed that between one and two o'clock •on Monday he was driving a baker's cart nearly opposite Gleeßon's Hotei. He did not know the deceased. He observed him cross the road slowly, and the tram car was approaching him, coming from the direction of Freeman's Bay. The car was going at the usual ratecertainly not faster. It was driven by Sayers, whom he recognised in Court. Deceased attempted to cross the line when he was about four yards in front of the horses. He heard the driver shout to him to get off the line. There was too much noise to hear whether the driver blew his whistle. He saw him apply the brake to stop the car. The deceased paid no attention whatever, and was struck by one of the horses, tie fell across the line, and the lefthand wheel passed over him. Only one wheel passed over the body of deceased. The car was raised by five or six men, and deceased removed from under it to the raised road alongside. Deceased did not groan. When he left the deceased appeared to be dead. When he walked across the line he did not appear to be sober. The driver of the car was perfectly sober, tie considered it purely accidental, and there was no blame attachable to the driver. By the foreman : The deceased had plenty of time to pass* Witness was on the proper side of the road all the way. He did not jamb up the deceased between his cart and the car. He was on the off-side all the way. To a juror : He drove off three minutes after the accident, when it was said Dr. Lewis had been sent for. Dr. Lewis deposed that he examined the deceased about half past two p.m. on the mound of earth in front of the hotel. The deceased was dead when he found him, but the body was warm. He discovered that the man had sustained doable fracture of the spine in the upper part of the loins. There also appeared to be rupture of the internal organs through squeezing. The injuries appeared to be caused by some heavy body passing over the bally and back. There was no outward wound or discharge of blood, except slightly from the forehead. .Death was caused by shock and rupture of the internal and mental organs. Death appeared to have been instantaneous. He smelt of liquor. Emmanuel Mendelssohn, assistant to Messrs. Hart and Levy, pawnbrokers, Victoria-street, said he identified the deceased as a man who had called and had given his name as Robert Clark. He was a seaman, and appeared about 45 years of age. The deceased was in the shop on Saturday, the 28th nit., and was then slightly under the influence of drink. He redeemed his pledges on Saturday night. William John O'Brien, baker, who was on the cart with the first witness, corroborated the evidence of his brother, except as to the time, which he fixed at a quarter to two p.m. He heard the driver call out. : The driver blew bis whistle several times 'before the accident. Their cart did not' jamb up the deceased, and it was purely accidental. Adam Henderson,' shipbuilder; identified the deceased as a man who frequently passed through his yard opposite Gleeson's Hotel. tie did not know his name. . On Monday he did not notice .whether he was sober or not. He regarded him as a very intemperate man. He left his boat at the breastwork in his yard. Alfred Sayers, the driver of the car, here made a statement for the information of the jury. (The Coroner explained that the Court did not wish to examine him, as evidence might transpire which would probably involve a charge of manslaughter.) Sayers said when driving the tram from Queenstreet his time at the crossing at Gleeson's Hotel was eighteen minutes to two p.m., and he generally blew a whistle all the way when near the cutting. He was going less than two and a half miles an hour at the time of the accident. He had his brakes partly on the whole time on account of approaching the points. The deceased was , crossing the road, stopped, hesitated, and then made a dash across tne line, when the horse's head touched him and brought him down. He had as soon as ha saw the deceased make the attempt pulled his horses back, and almost taken the car off the line in doing so. Constable Mackay deposed he was on the spot at five minutes to two p.m. The driver was perfectly sober. He had known him over two years, and he was an experienced man. To the foreman : The statement made by the driver at the time of the accident was the same as he had just made. Charles Fry deposed he was owner of the cutter Rose, and employed deceased to look after the cutter, and to keep the riding light lit, He took bis swag of clothes with him from witness's house about an hour before the accident. He was always active in his work, and had no drink with him that day. The jury then retired to consider their verdict, and after a brief deliberation returned their verdict as follows: "Accidental death, and attached do blame to the driver." The jury also added the following rider —"That the Tramway Company should give strict orders to the drivers not to press for the time crossings when an accident was likely to arise through persons being near the line."