A MANSLAUGHTER CHARGE.

New Zealand Herald, Volume XLVI, Issue 14157, 4 September 1909, Page 6

A MANSLAUGHTER CHARGE.

THE ONEHUNGA FATALITY.

MOTORMAN AND CONDUCTOR ON TRIAL.

CASE PART HEARD.

As a consequence of the tramway fatality ! at Onehunga on June 10 last, and the [ death of an elderly woman named Anna Horsnell, a charge of manslaughter was preferred against Herbert Birkett and Charles Halley, formerly, a conductor and motorman respectively in tha employ of the Auckland Electric Tramways Company, at the Supreme Court, yesterday, before Mr. Justice Edwards and a jury. The Crown solicitor (the Hon. J. A. Tole, K.C.). prosecuted. Mr. Prendergast appeared for the accused Birkett and Mr. Reed for the accused Halley, ALLEGED BREACH OF DUTY. Mr. Tole, in addressing the jury, said the charge was made one of manslaughter because of an alleged breach of duty on the part of the accused. He outlined the facts of the case as already published, stating that the signal had been given to stop the car, and Mrs. Horsnell was standing'on the platform, and as the car momentarily paused, she proceeded to alight. The car, however, went right on, and Mrs. Horsnell was thrown out on the . roadway. The injured lady sustained a fractured skull and was taken home to die. . Each of the accused was charged with an alleged breach of duty. The breach charged on the part of the motorman would be that he should not have put on fresh speed without getting a specific or deliberate signal from the conductor. With regard to the latter he had no right to allow the car to continue on until ' he became sure that the way was clear. He was not at the back of the car at the time, as ho should have been, but after a male passengor jumped off tho front, he simply said "right," and. the car went on. The jury might or might not distinguish between the two men as to whether the breach of duty was on the part of the motorman, or on the part of the conductor. The latter was tho person in charge of the car, and he should have kept it at the stopping place until he saw that everyone was clear. If the motorman knew that the passengers were not all clear, then it was his duty not to have increased tho speed until he received the proper signal. JERKED OFF THE CAR. Euphemia Victoria Phipps, a resident of Onehunga, stated that Mrs. Horsnell was a friend of hers. After the bell had been rung as a signal to stop at Captainstreet the car slowed down. Mrs. Horsnell walked, along to the platform at the back of the car. The car stopped, but started again with a jerk, and witness saw Mrs.. Horsnell fall off the step. Mr. Tole: Was any sigi *° riven for the car to go on? Witness: No, I am quite '■>. -», of that. ; Mr. Tole: Were you or the other iatMa, i affected by the jerk? jerked Mrs. McKeever, who had a child, across the platform, and threw me against the door. Mr. Tole: What did you do —Ran back into the car and pulled the strap of the conductors bell three times. The car went on for 30 or 40 yards, and then ■stopped. Mr. Tole: Where was the conductor? On the front platform. Mr. Tole : Were there many people on the car?—lt was pretty well empty. Mr. Tole: I suppose that if the conductor had looked through the car he would have seen you waiting to get off? Yes. Mr. Tole: Are you sure that Mrs. Horsnell was jerked off the car? —Quite sure. Mr. Reed : What position was the deceased standing in when the ear stopped? —She wag facing Captain-street, with her face half-turned in the direction from which the car had come. Mr. Reed : Did you not see Mrs. Horsnell standing on the step?No, but I came to the conclusion by her low position that she was at the time she fell. Mr. Prendergast: The bell might have been sounded, although you did not hear it? — usually hear it. His Honor: We can have a car brought to Court, if necessary. I have often heard the bell myself. • Mr. Prendergast: It all depends how the strap is pulled? His Honor: I should say that the motorman should ring it loudly. It serves as a warning to passengers. Mr. Prendergast: There is no provision for that in the by-laws, Your Honor. ■ His Honor: I know nothing about the by-laws; common sense should decide that. Mr. Tole: If the car stopped for only a couple or three seconds it would be impossible for three ladies to have got off? —Utterly impossible. CAR NOT QUITE STOPPED. Ethel Teresa McKeever stated that the bells had been rung, but the car had not quite stopped when it stalled off with a jerk, which threw Mrs. Horsnell on to the road. Witness did not hear the conductor's bell ring as a signal to start, although she had heard it do so at some of the other stopping places. The conductor was on the front platform. Witness screamed out when Mrs. Horsnell was thrown off, and pulled the strap of the conductor's bell vigorously. Mr. Reed: Was Mrs. Horsnell, while standing on the step, facing more to the rear of the car?— Evelyn Gertrude Laxton, daughter of the deceased, was in the same car, but alighted at Princes-street. Before the car started again witness saw the conductor put his head round the left-hand side of the car, from tho front platform, and heard him say to the motorman "Right." DID THE BELL RING? Wilfred Wallie, fireman on the Rarawa, who was on tho car, said he heard no signal given for the car to start after it stopped-for a couple of seconds at Captainstreet. He did not know where the conductor was at the time, but witness saw three ladies waiting to alight from the back compartment. The car started again with a "little bit of a jerk," and witness heard a passenger call out that a lady had fallen off the car. Witness had heard the motorman's bell ring at other stopping places as a signal to start. It did not ring at Captain-street. Mr. Tole: Could the ladies have got j off in the time the car stopped?—l don't think they could. Mr. Tole: How far did the car go before stopping? —About 50 yards. Mr. Re-ed : In what position was Mrs. Horsnell lying? Parallel with the rails, with her head towards the wharf. Mr. Prendergast: The conductor's bell may have rung without you hearing it? I don't think so. Samuel Rowe, carpenter, deposed that he was travelling in the car in question. As the car was slowing down at Captainstreet witness jumped off the step. He heard no bells rung. Mr. Prendergast: Did you notice if the car continued to slacken down after you got off? —No, but if it had continued to do so it would have stopped in a very short distance. THE CONDUCTOR'S SIGNAL. William John Wilson, a youthful witness, said that while riding on the platform of the car he bard the bells ring to stop at Captain-street. He saw the witness Rowe jump off. The conductor, who was on the front platform, looked round the left-hand side of the car and said "Right" or "Right, oh" to the motorman. No bells were then rung, and the car started off with a jerk. Witness could not say if the car actually stopped. He did not remember the con-

ductor looking through the car. Witness saw a lady, come through the front compartment, and heard her say, " What did you do that for? A lady has fallen off the car." Ho did not know to whom the remark was addressed.

Mr. Reed: Would you be prepared to swear that the conductor did not ring the bell to start the car at Captain-street? —Yes, I will swear that. Mr. Reed : Will you swear that he did not knock the bell with his book?— Yes. Mr. Reed: As far as you coidd see was the motorman attending to his duty? Yes. Mr. Reed : Was he stopping and starting by signal right through? — signal of the' bell. Mr. Reed: Had there been a big jerk when the car started at Captain-street I suppose you would have noticed it?— Yes, I didn't notice any jerk. Mr. Prendergast: Was the conductor smoking?—l couldn't say. _He could have done 60 without my noticing. A CIGARETTE. Teresa Margaret Pachond, a passenger, said the car stopped at Captain-street for about two seconds. The and Mr. Wilson were on the front platform. The former was smoking a cigarette. Witness was quite sure of this. Mr. Reed: Did you notice any jerking more than the ordinary starting of the car ? —No. THE COMPANY'S RULES. Edwin Harry Morris, chief inspector for the Auckland Electric Tramways Company, stated that the conductor was in charge of a car when it was running. There were printed rules for the officials of the company to work upon, but the books were temporarily withdrawn early in June for amendment. His Honor: I want to know what rides were in force on June 10?—" These rules," said witness, displaying a small book, " were in force, although the books had been withdrawn a few days before the accident, pending the issue of amended rules.' His Honor: Well, what is the rule with regard to starting? Witness (reading from the book : "Conductors must not start their cars from a terminus or stage until they have taken up their position on the rear of the platform upon which, when not collecting fares, or providng seats for passengers, they shall'stand in a place where they can keep a look-out for passengers on both sides of the road, especially in Sy-monds-street." Other rules were read, showing that motormen were entirely under the direction of conductors, and that the signals must be given entirely by the bell, not by shouting or stamping of the feet. Also that the minimum of stopping time for bogey cars was 10 seconds, and that it was the duty of the conductor before starting a car to make sure that all passengers were clear. Recent amendments had been made. Mr. Reed : Has the rule been enforced compelling a. conductor to go out on to the rear platform before starting a car from a stopping place?— at a stopping place. Our interpretation of stage is at the end of a section.His Honor: The protection of life is just as important at one stopping place as at another. I think you interpret it wronglv. Mr. 'Reed : Can you say that when a conductor is on the front platform it is not the practice to say to the motormen " Right" or something like that? No. They have a practice of knocking the bell with their ticket block. His Honor objected to the witness being asked to interpret the rules. His responsibility was to see that they were enforced. Mr. Prendergast.: Would you consider that a conductor was committing a serious breach by not going on to the rear platform to start a car from a stopping place like Captain-street?— No. Evidence was given by Roy Dennison, a boy, who was on the car, and by Dr. Scott, This closed the case for the prosecution, and the Court adjourned until 10 a.m. to-day.