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CROSSING TRAGEDY.

*TIIE lITKTJRANGI ACCIDENT. I? US DRIVER ON TRIAL. JURY FAILS TO AGREE. NEW TRIAL ON MONDAY. Tlie driver cf fhe motor-bus which was involved in the llikuiangi railway crossing - tragedy last April, Noel Herbert Wilkin son, aged 19. stood trial before Mr. Jus tico ITerdman in the Supreme Court ves to;day, charged with negligently driving a motor-b is on April 5. and causing the death of six persons, and serious injury - to four others, ai McLeod's Flat, near ■' Jliknrangi. Mr. Shgcr entered a plea of cot guilty on behalf of accused. •Tho Crown Prosecutor, Mr. Meredith, recalled that on April 5 last a tra ; n trom tho Whangarei races and a bus became involved in a collision at McLeod's Crossing, near H'kurangi Of tho 11 passengers in the bus six were killed outright and four were seriously injured. It was an appalling accident Arising out of that accident the charge was laid against Wilkinson that hi> had not been sulliciently careful. There would bo no suggestion of • drunkenness. Tho issue would be an exceedingly simple one—whether on ap - prnach ng tint crossing tho driver was exercising the. due care that ho ought to Lavo exercised. Crossiug Described. The fact that there were additional trains running that evening was widely advertised and known, continued Mr. ■ Meredith. The train involved in tho accident was about 150 yds. long and well lighted. Tho crossing was properly marked with signposts and Wilkinson was *' familiar with the load. Counsel illustrated tho locality by means cf photographs which he explained to tho jury, and stated that for a quarter of a nii.o before the crossing there was a full "• view of half a nule of the lino. It seemed <,!■ impossible to suggest in tho circumstances „ , that the driver was giving his full attention to what he was doing. Evidence was given by Itobert Robertion Men/.ies, assistant-engineer in the Public Works Department, Whangarei, who said that at a distance of 54 chains from tho crossing a man could see 41 chains, or more than half a mile, down tho line. From £OO yards along the road there was an absolutely uninterrupted view of the railway. lie had known the crossing for 17 years, and knew nothing to prevent an approaching driver from teeing a train. Tests he had mado at right showed that the train was in full view from tho road.

Train Driver's Evidence. The guard of the train, Charles Frederick Stoiev, said ho heard tho whistle • - blown at McLeod's Crossing, and tho traia then pulled up in its own length, 'i'lie engine headlight was burning brightly and the train was travelling at not more than 25 miles an hour. Constable M. Farrell, of Kawakawa. vho was in tho last carriage of the train. 8-iid that when the train stopped he sav.<|ib wreck of the bus opposite tho win(low. He saw Wilkinson and asked him 1,1 Avi.at had happened, and Wilkinson said ho had not heard the whistle. Witness '* was satisfied that Wilkinson was perfectly "'l' Bt'b:r. - Tho driver of the train. Arthur Henry *>■ said he had a view of tho crossing about 9C9 yards away, lie whistled en' about 300 yards before the cross ng at the i.;.. same •monienl as he saw headlights on S.' tho road When witness was about, ;i chain from the crossing lie realised that tho has was not going to stop, and lie instantly applied the emergency brakes. : <e ■ The whole side of {(so bus was rammed r,>- on to tho engine. The headlight could *vt he picked up a m:le away. . William MoHwan, fanner, of Riponui, pa d he was motoring back from V\ hanga- _ rei about the time of the accident and „ saw ihe train about half a m:ie from MoX.C'O'i's Crossing. There was plenty of 11 lit about it. Wilk'nson (old him after * wards that he could not see the train and lia 1 not heard the whistle. Severn! passengeis in the train and a rurfnecman gave evidence that they had hoard the whistle, blown before the cross in.'. One of the passengers in tho bus, Loins F. T. G. Martin, aged 16, described where 'lie ten passengers had been sitting. One of the passengers. Guv Davidson', said, "P>y g p e, there's tho train." p.nd witness replied, "Dy gee, 1 think it is." The train was then about 10yds. off No one called out to the driver. Two lads in the bus were skylarking, and other? were singing.

Ito Skylarking Seen. r "I did not see ativ skylarl-:iiipr or hour any singing," said Eileen Isabelle Trot- ... tor. of lonsonhy, another passengci in bus Slip war- talking to a fiiend mi'l noticed nothing unusual. When she '*■' sav; the engine she tried In call out. to the driver, but did not remember whether Kho did so or not. Evidence that the bus left the Northern I»:;s -Company's workshop in first-class £" condition on April 4 was given by Jjiuce *■*' Trevor Lichfield, motor mechanic. It should have been possible to pull up tlv I-", travelling at ?;> miles an hour in v " He knew Wilkinson to be a careful • tnl competent driver of considerable exjjci 'Mice. Mr. Singer appealed to the jury to vii'iv t!i:.' rase apart, aUngr'the* from the #;-j>a!liti£ nature of the tragedy. Had the Crown satisfied them that Wilkinson had V bem guilty of criminal negligence ? He - Jjchev.-d he could satisfy the jury that v I at ever happened was an an ,dei:t pure fii il simple. Will: rison had lost his bear inc.s and had no idea that he was on lb" T.iiKvav I i nr. William .Arthur Parkin, driver for the Koi'thern Bus Company. ?aid he ha'l driven over the crossing alvmt a riiiartc-r in I a mile ahead of the accused. The en pin? had a very poor headlight and •visibility was bad ",[e could not 'hive more than about 15 miles an hour in the existing conditions Accused's Statement The accuser!, giving »videme, said he Ki , had been driving motor-vehicles for four years. and ban had an accident,. .-"/ Tie was id ways on the lookout for a dip 7'ff.ween MeT.e'-d's crate and the crossing la cause it bad b.-e. the scene of :>n neej. ,►. «!"ut some years before ]' was a dark, (In/./.ling night. lie spoke to no one aftei Jie s'arted the trip, arid neve exceeded JF> miles an hour lie was ori the look en! for MeT.eod'i h'ais, but parsed it -v. ,; 'hoiit knowing He was dazzled bv til" lichts of a car from behind .Answering Mr Meredith. accused said }ie went over I hi- roar) more than 30 times a week, lie first lot) his hearings when .a ear came up behind ind dazzled him. , i>ei' rips half i mil. from i.ie crossing Mr PiriTOi argn il.i-t the accused'? C 'Vnee wa i complete answer \rr Meredith -an I it wa- obvious that ft ■■o>i|(. rea'Tiri or "tliet Wi'kinson's at 1- ion vms not fh 1 1\ oi !ij work 'lis U -por v.'irr!"'! the jury not to take )■ ii a.--'rum lb- sniio i, .mscnoenees of 1 ' a'T'lrnt. " I;• h were irrelevant to t' 'a"' \ ma' wh. 'rove a motor vrjii<•!<• '-rider-toot- -i ser ir respons Iv'it v 1" others arid was bound t" keep a )■ i," or look out anii exereis • proper care 1 " e faded t -]( s' he foul ' ' e punished 'I he f.i'Ms of this ease were exceedingly Si "inle Whi'ri a drive app'oiehed a rail viv i-rossiui it w hi- du'v »<; keep a lor.];.out anrl n hi faded t" do so it was ,si criminal offence The def aee was that the accused bad lost bis way. but the *t.ro'.vn ' as* wa,- Ili;i• he should not have bis way. »•,... a retirement of 4,3 hours the jury returned to say that it could not. acrree. J lie prisoner was released on bail of £IOO, I St Yonly™' *" 1 " k « P' ace

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NZH19300731.2.98

Bibliographic details

New Zealand Herald, Volume LXVII, Issue 20630, 31 July 1930, Page 12

Word Count
1,315

CROSSING TRAGEDY. New Zealand Herald, Volume LXVII, Issue 20630, 31 July 1930, Page 12

CROSSING TRAGEDY. New Zealand Herald, Volume LXVII, Issue 20630, 31 July 1930, Page 12

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