THE KAIL WAY FATALITY.

New Zealand Herald, Volume XLV, Issue 13691, 6 March 1908, Page 7

THE KAIL WAY FATALITY.

AN INQUEST OPENED

EVIDENCE BY EVE-WITNESSES,

An inquiry was opened yesterday-afternoon beforeMi'. T. Gresham, Coroner, at the residence of Mr. Darcy Thomas, Millaisstieet, Grey Lynn, into the circumstances surrounding the fatal accident at Avondale on Wednesday evening hist,, by which Joseph Thomas lost his life. Sergeant Sheehan attended on behalf -of the police, and Mr. Bnownlee on behalf of the Railway Department.

1 homas Robertson, guard in charge .if the 5.10 p.m. train fi\>m Auckland to Henderson, said he had seen the boys sitting in the carriage next to the guard's van when taking tickets.. All the carnages or vans bad gates on them. He did not at any time see the boys in the guard's van. He was in the van at the time of the accident, the only other person present being the assistant-guard Hardy.

•Sylvia Gittos, a young lady staving at Mount Albert, said that in company with two lady friends she was at the crossing just past Avondale station when the train passed about six p.in , and she saw i*vo lads standing at the opening of the guard s van. She saw tinem distinctly, and saw them fall out of the side door of the van at- (lie curve. \She and her friends at once ran to the scene of (he accident to render assistance.

In reply to Mr. Brownlee, she said she did not notice a platform at the rear of the guard van. She had a good view of the train, arid was positive the boys fell out of the side door. She could not estimate the distance she was away from the train as it passed.

' Edith Kings ford, another young lady living at -Mount Albert, also gave evidence. The boys were right at the end of the train, standing in an open doorway of the guard's van.

the Coroner: You have no doubt abou their position?

Witness: No. I saw them fall from the side door of the van.

You are sure it. was not from the carriage you saw them fall?—I am. positive they did not fall from the carriage. To Sir. Brownlee : After the train passed she saw the - boys waving their hands. She did "not see the boys in the van as the train passed. The view was "a cross one/' Guard .Robertson, recalled, in reply to a juror, said that there was a compartment in the guard's van called the cab, in which lie might have-been working and have been unable to notice any other person in the van.

Ihe Coroner: Is it possible you and Hardy were in the ca£> and the lads may have been in the van without your knowledge?

Witness: Yes, it is-possible. I remained in the cab until told of the accident by Hardy, when I immediately applied the Westinghouse bijakes.

To a Juror: Hardy was in the cab with me at the time of the accident.

To Mr. Brownlee : They did not have my permission to go into the van, but may have gone there after the train left Avondale without my knowledge. Robert Hardy, porter, . assistant-guard, said the Auckland-Henderson line was his usual run, and lie knew the road well. He boarded the 5.10 train at Mount Albert and proceeded in the direction of Henderson. The boys were on the station platform at Mount Albert, when he first saw them. He knew them well. He did not see the boys again until lie saw them on the Avon dale platform. When he returned to the van after leaving Avondale the guard was in the cab entering up his Avondale time on the regulation-sheet. Witness went into the cab and picked up a newspaper. The train was then about 500 yds away from Avondale.

The Coroner: Where were the lads after leajjfng Avondale? Witness : I am not very clear, but remember. seeing them either in. the rear compartment of the last carriage or on the platform. I did not see them in the guard's van this trip. There is a platform from the carriage to the van.

Witness, continuing, said that he reached the van by the footboard on the right side, both luggage doors being open. After getting the paper from the cab he stood at the right-hand door reading it, when the train gave a lurch, and he had to take a sida step to balance himself. His attention was drawn by a cry of "Oh, mother!" and then he saw the falling todies on the opposite side of the train.

To the Coroner: It was possible the lads may have come along the left footboard on the side of the van and just got in the doorway. He had his back to the left side.

He drew the attention of the guard to the* accident, and as soon as the train stopped went bjick to the spot where the lads were lying. They had no business on that part of the train. He had had no occasion to tell the lads to leave the van previously. They were very quiet, respectable boys. Others had been warned, but never these.

Mr. Brown lee: Do you think it possible the lads could have been in the doorway without you seeing them?

Witness: I don't think it passible, but I had my back to the door, and they may have been there without mv knowledge. 1 could not say from where the lads fell.

Dr. Carolan gave formal evidence as to the in juries which led to the death of the lad Thomas.

The Coroner adjourned the inquest to the 25th itist., in order that the lad Butler's evidence might be obtained. The adjourned inquest will be held in the Star Hotel, Newton.