DEATH OF GUARD

New Zealand Herald, Volume LXXI, Issue 21935, 19 October 1934, Page 12

DEATH OF GUARD

NEWMARKET TRAIN SMASH

SIGNALMAN IN COURT CHARGE OF MANSLAUGHTER COMMITTED FOR TRIAL The collision between a passenger train and a stationary rake of cattletrucks, which occurred at the Newmarket station on the night of October 2, and resulted in the death of the guard, Mr. Alan Dunsmuir, had a sequel in the Police Court yesterday, when the signalman on duty at the time was charged with manslaughter. Mr. Wyvcrn Wilson, S.M., presided. The signalman was Ernest Jlarold Strong (Mr. Northcroft), and he faced a charge of unlawfully killing Dunsmuir, thereby committing manslaughter. The prosecution was conducted by Senior-Detective Hall. Alfred Diggle, clerk at the Newmarket railway station, said he had been in charge on the night of the accident. A goods train, No. 60, hail arrived from Helensville about 9.37, and it was too long to get over what was known as the triangle. There was a large consignment of stock in 21 waggons, and these were placed on the up main line first in readiness for the shuntet* to take them to AVestfield, via Auckland. They were placed on the up line by the goods train engine, which returned for the balance of the train and it was put on the down line. The goods train then left for Auckland. lh'» accused was on duty at the north signal box. "First-class Signalman" The goods train, continued witness, left for Auckland about 9.48, and about 9.49 No. 80 passenger train arrived from Henderson. No. 80 crashed into the stock waggons, the guard's van coming to rest on top of the first waggon. Cross-examined by Mr. Northcroft, witness admitted that the placing of the stock on the up main line was an unusual proceeding, although there was nothing wrong in having it there. The trucks were usually put in the yard. Accused, who had been in the employ of the department for over iSU years, had always been strongly recommended by the stationmasters in their annual reports, said witness. The expressions in these reports had been "steady," "reliable," "capable" an! "good." "I referred to him as a firstclass signalman," said witness. Questioned further, witness said accused's health had not been too good for some time past, although it did not interfere with his work. Witness knew he had been to consult a doctor. Lights in the Yard Referring to the practice of the department, witness said it was the guard's duty as the train came back to pilot it, riding on the leading vehicle and signalling to the enginedriver with his lamp. There were lights illuminating the part where the trucks were situated, and if the guard had kept his eyes on the main line he should have seen that the stock trucks were an obstruction. If the signal had been given, the enginedriver could have stopped the train almost at once. In addition, the guard would be standing near the Westingbouse brake in his van. The position in which the guard's body was found, witness agreed, would suggest that be had been travelling without ever having become aware of the danger. If he had become aware of the danger he could have juunped clear at the last moment. Dr. M. G. Pezaro said he had found Dunsmuir's body pinned in a standing position by a stanchion against the van. It appeared as if he had been decapitated by the stanchion. Death had been instantaneous. Edward Randall Cubitt, head shunter at Newmarket, said he had seen the accused after the collision. Accused said he had made a mistake and asked where the guard was. Senior-Detective Hall: "What exactly did the accused say? Witness: I cannot remember exactly how he said it. He was so cut up at the time. Speed of Train John Dale, driver of the passenger train, said his speed would be less than 10 miles an hour, rather than more. He could have stopped the train almost immediately when required. Claude McKinnon Robert Wilson, fireman of the passenger train, said he had been on the platform side /of the train, the engine travelling in a reverse position. Witness received a white-light signal from the guard and informed the driver, who had acknowledged with a blast from the whistle. The train had then commenced to back on to the up main line. Witness watched the guard's light and it was waving until the train was well clear of the points of the shunting disc. There the guard stopped waving, and showed a clear white light. Witness continued to watch the light and the next thing he knew was a crash and the train stopped. To Mr. Northcroft, witness said that when the time came to stop the train the guard would show a red light. Up to the time of the impact he had not received such a signal. Counsel's Submission Harold William Springer, automatic signal maintainer, said he had tested the points in the Newmarket yard and the diagram in the signal box both before and after the accident and had found everything to be in good working order. Mr. Northcroft submitted that in deciding whether it was a prima facie case or not it would be necessary to consider the fact that a yellow signal disc had been showing, indicating that the train might proceed, but with caution. The accident was a conseqwenco not of the negligence of accused, bit of the negligence of the guard, who had proceeded without caution, it was necessary for the police to show that the victim's death was a consequence of an act of the accused, and not as a result of some intervening cause. The magistrate held that a prima facie case had been established. Accused pleaded not guilty and was committed to tho Supreme Court for trial. Bail was fixed at £SO.