RATTRAY STREET RAILWAY CROSSING.

Otago Daily Times, Issue 13862, 27 March 1907, Page 7

RATTRAY STREET RAILWAY CROSSING.

CHARGE AGAINST EXPRESS DRIVER.

At the City Police Court yesterday, befori llr C. C. Graham, S.M., Murtm Doyle was charged that, on Jhrch 9, ho did drno a. M(i. icioas the level railway crossing at Ratti»> treet when a traan was approaching, ill y, lor tlio defendant, entered a plea of K guilty," and tb« Crown Prosecutor (Hi i'\ M. Frascr) appealed for the RailT>B! Japartrnent. IS Frascr said the van contained defendant inu .uiolhci man, mid at tho tirao the pair iian been apparently in deep conversation. '.Hie bell was sounding, and the crossingkoepci was in liis piopcr position. The engine struck 0110 of the- wheels of the van, but 210 damage resulted owing to the prompt manner ijt which tlio train was pulled up. '11)0 department took action, as it was necessary for the safety of life that a good lookout mint bo kept in this locality by those using this crossing. Win. Moloney, tho driver of "the engine, deposed that he was taking his engine on tho date in question back to tho cngino shed by Iho " middle load.'-' Ho whistled in tho usual way ami received tho "All right" signal, and then sounded his whistlo for the crossing Bignal, getting a further signal from the crossing-keeper to proceed. Witness did not get an early viow ot tlio express cart, but when he did he giwo two or three short " pops" with tho whistle. This was just as ho canio on to (ho crossing, lie at once turned to his brako and applied it. Tho van still went on, though the hell was sound, ing. When tho cart was almost clear of the road tho buffer of tho engine struck the rear, slewing it oil ihe line. Jlis brake was hard on at the time, otherwise the cart would have been cut m two.

Cross-examined: He wti? positive tho engine had not stopped before coming on to tho crossing or be'oro ho got his signal to cross. Tho ' pops" wore- given as a warning to thoso lining tho crossing. 'I'ho engine would bo travelling four or fiva miles at tho (imo when it took tho crossing. He thought the hotsc would bo trotting at the, time. James Aloysuis Walls, fireman on the engine, gave corroborafivo evidence, and said the engine was proceeding at a alow walking pace. The Magistrate After you left the station did the engine pull up beforo the collision? Witness: It is not necessary to pull up when we got tho signal. I am not qmto clear whether we pulled up on this occasion or not

Ho did not think tlioro bad been any delay about the crossing-keeper giving his signal on this occasion. Mr Hay: How soon could you slop tho engine?

Witness: At the rate wc wero going wo could stop tlio engine dead. Wo could stop tho engine in loss than a yard, going four Wiles an hour. Mr leaser: I am surprised at that. Mr Hny: "Wliat does this conversation, moan that tho Crown Prosecutor 19 carrying on in tho hack of tho court?

llr Frascr: Bless mo; what has that got to do with you? Mr Hayj I am surprised at his conduct. Ho should know belter.

Halligan, tho signalman, said ho had given tho ongino tho "All clear" signal. Ho could seo the crossing plainly. All tho signals were exchanged correctly. Tho crpssingkecper was in tho middle of the street, and had hio two flags When, witness turned ramd after attending to the points tho cart vms on the crossing. Cross-examined: Witness put on the hell ■when tho engino was 250 jards away from the crossing, ilo was posilivo of that.

Samuel Kruskoph, tho crossing-kecpor, gavo corroborative evidence. Ho called out to tho driver to "Hold on," but both tho parties inside tho cart wero either engaged in deop conversation or they wero doing soniothin;; inside tho express. At all events no notice mbb taken of his call Tlio cngino was travelling at a crawling pace. Andrew Duncan, stationmastcr at Duncdin, .in cross-examination, said he had heard tho department was threatened with civil proceedings m respect of this crossing, Ho had told defendant that ho would be prosecuted us tho accident was duo to his carelessness. Prom Kennard's statement, made to witness, ho was satisfied that tho accident was duo to carelessness.

Mr Hay said ho regretted that tho facts as fur as his sido y.as concerned did not ogreo with what had boon laid before tho court. He would draw attontion to the fact that tho witnesses called were all implicated in tho affair, and to somo extent thoir billets wero jeopardised. Independent witnesßOj would eay that tho cros»ing-keoper was not on duty at the time, ami tho engine had to stop a few yards from tho street until tho keoper arrived Consequently when, defendant and , his companion reached tho crossing there was 110 (.rossing-kcoper there and no hell was sounding. Just as tho cart reached the line, howc\or, tho ciosjing-keoper arrived and shouted out By that tuno defendant considered his best plan was to drivo on. As far as dofondimt was concerned tho accident was unavoidable Defendant took reasonablo care.

Defendant, giving eudence, said that ho end liii companion concluded from tho appearance ol things that tho crossing was clear. Ho looked but could sec nobody on Ibo crossing. No bell was sounding, and lio heard in> whistling He could not seo tho engine at nil prior to getting up to the lino, us the corner was blocked by tho new signalto and some trees which cut off bn view. He drove gently on to tho mils, and the first thing he hoard was a jell. Then ho ca»»hi Bight of tho engine, but lie thought thai if he stopped ho would be cut in two, so ho whipped the horse, with the result already describ-d. Witness was thrown out and ren'lored senseless. It witness had heard tho bell ho uo'tldiiiover havo dreamed of crosses- ' i

Crops-examined: His theory was that the wigino nuldonly came out from behind the box. At tho same' timo ho heard tho yell he saw tho crossiug-keepcr jump out of the box dooj. He vvaa not m deep conversation ut the tunc.

_ Alfred Lavoy, who accompanied defendant m the cart, gave corroborative evidence, and said tho erosiing-kcepor had not even bis flm; unfurled nl the time. Tbos Henderson, seaman, said lie was in tho vicinity. The hap was only a foot or two from tho lino when tho bell started to rin». Jlo did not see an}thing ol tho crossin°keepcr until immediately after the bell commenced (o ring Ito was quite, positive that the crossmg-liDopcr w.is not on tho street l'ho _ Magistrate, looked perplexed, and soul the evidence was so contradictory that, taking the serious aspects of the case into considers tion, ho hardly knew what to do. At this singe Mr Fraser slated that the evidence of Kennard and Butler (engaged on the Moeraki) toiild now bo obtained.

tttorgo Sydney Keimard said the signalman novel with his hand and callcit out to defendant t«o or three tiinc«, but tho moil sat in the eart and took no notice, 'l'ho bell was ringing at the time.

Urosi examined. He did not see the engine sinndntg ,it all The crossing-keeper was wavn-g a green flag to keep tho people back and he win in front of the express. Defendant mid lua companion could not have heard him for they kept on talking Tim cvidenco was supplemented by Horace Duller, i

J he Magistrate said that now he was satisfied as to the bona titles. The evidence of these two last witnesses had dissolved all doubts, and lie would convict. Xo doubt tho aceidenl was the outcome of stupidity and carelessness, mid ho vus satisfied no blame vis attachable to tho railway officials. Olio olfencc was 11 seuoui one, but under (he cirimi'stuncc. ho would not mtlict a licuv prnaltv

Mr rrnser I would lcimml the court that both men -.aid llioy saw the <ios«mg-keoper just coming out ot the bo\ I>robibl\, however, tliKy were (oo excited. Defendant was lined IDs, and costs aiuouulilHj to £i 9s