Ruquest. ROSLYN TRAMWAY ACCIDENT.

Otago Witness, Issue 1540, 14 May 1881, Page 22

Ruquest. ROSLYN TRAMWAY ACCIDENT.

CORONER'S INQUEST. The adjourned inquest on tho body of Thomas Garratt was resumed on Monday at the Shamrock Hotel, before Dr Hock en (district coroner) and a jury of 15. Inspector Wcldon appeared to watch the proceedings on behalf of the police ; Mr Solomon (for Mr Stout) on behalf of the relatives of the deceased ; Mr Macgregor for the Koslyn Tramway Company ; and Mr Denniston for Peter Hannah, the driver of the car. Prior to the sitting of the Court, the Jury met and inspected the scene of the accident and tho appliances used in working the tramcars. On Peter Hannah being called, The Coroner said : There U not the least charge against you at the present time ; but as Ido not know what pioccedings may eventuate, it is as well that you should be pi csent. I wish you to understand that you are not bound to give evidence— being 'at liberty, if you so choose, to say nothing. Mr Denniston intimated that Mr Hannah wished to make a statement. Peter Hannah deposed : I am a shipwright by trade. I was the driver of the car that sustained the accident. I have been acting in that capacity from the commencement of the tramway. .On the day of the accident, which was Saturday, 23rd April, I brought my car to the bottom of the hill, and previous to going up again for the last time I took my lamp and looked to s>ec that the rope and everything was right. I found things to be in perfect working order. 1 waited at the back of the car until the conductor told mo to start. There were only two passengers that I knew on the car when I started. I did not think there were more than three or four passengers on the car when we started. When we got opposite the brewery I noticed one of the dummy cardrivers looking in at the door. I waved to him to go to the far end. The car went all right until reaching opposite the High School, when I felt a sort of surge, which I took to be the result of the rope slipping. I had my hand on the gripper-wheel at the time, which I turned, thinking the rope was slipping. Mr Denniston, who was sitting next to the Coroner, remarked that the evidence was not being taken down correctly. The Coroner intimated that any gentleman sitting close to him and making remarks put him out, so that it was impossible for him to take evidence whilst it was going on. He did not wish to, and would not miss anything. Mr Denniston having changed seats with Mr Weldon, said: You havo missed something. The usual way to take evidence is to take verbatim what is said, and not, as is being done in the present case, questioning the witno-s and taking his evidence so as to convert it into a sort of narrative.

The Coroner : I will take the evidence as it comes and in the manner in which I have commenced, and I must beg not to be interrupted. Mr Deniiiston thought as the witness' evidence would be hereafter put'forwaid as his signed verbatim story, it should be taken down word for word. He suggested that tho witness' evidence bo taken as it w ould be in a court of justice.

The Coroner : I think that the Jury and myself arc perfectly competent to deal with the matter to our own and the satisfaction of the public, and I will not allow interruptions. Mr Denniston : It is not your wishes wo havo to consider, but the means of carrying them out. The Coroner : I shall prescribe my own means of carrying them out. Mr Denniston wished to know if any important evidence omitted would be allowed to go down ; if not, it was a farce for him and tho other counsel there to be present. The Coroner intimated that Mr Denniston was there only as a matter of courtesy. Mr Denniston : I doubt that.

Tho Coroner: You are here as a matter of courtesy, and shall have every courtesy shown you, but I will not be interfered with.

Mr Denniston asked that the evidence be taken down verbatim. . . „ „ „ The Coroner said he was taking it as it was gl Mr 'Denniston pointed out that the words "hia hand was on the wheel " had boon omitted. Mr Macgregor wished to know if there was any objection to their putting questions. The Coroner would not allow any questions to be put except by the Jury, otherwise the inquest would be interminable. The worst that could come of the inquiry would be a charge against Hannah, which would have to be fully heard in another court. Mv Denniston: And the evidence would be given against him as his verbatim statement. Mr Solomon asked the Coroner if he would not allow of questions being put through him. The Coroner would not object to that, though it would be departing from the purposes of the inquiry, and making out a case of charge and counter-charge. Witness : The man Johnson also put his hand to the wheel and gave me a heave. I then found that the two jaws had come together, and that we had lost the rope. I heard a voice (I can't say whoso) prying out, " Have you lost the wheel 1 " or " You have lost the wheel." I put my hand to the brake, and then someone came rushing to mo ; I can't say whether it was the conductor or Todd. Ho assisted me to tighten tho wheel, but left before it was squeezed up. I squeezed it up as much as I could, but felt that it was not acting as it always had done before. I east my eye up the carriage and there was no one in it— they had all gone outside : I mean on the front part. I did not look behind me. The parties who had lent me a hand with the brake had gone. I kept hold of the brake until we reached the bottom of the hill, where I was tipped out. I never noticed the brake to hold in the least. I was covered by some of the car. Someone rushed up to me with an axe and was going to cut the car, when I told him not to destroy the property, as I should get out all right by myself. The brake was hard on when the car tilted over ; I could not have turned it any farther down. It was farther down than it had ever been before. There was no one on the ear, I think, when it tilted over. There were cries, but I think they came from the platform. I had been running this car for about a week. It was different in its construction to the other cars, particularly as regarded the brakes, which worked with a screw, whilst the other ones were worked with a lever. I found that the screw-brake could not be workod nearly so quickly as the lever. I should have to make about six revolutions to get the screw-brake to bite the rail. The screw-brake has an advantage over the other one. When we know we are going to stop for men the former is brought almost on the rail before taking off the •••rippers. In case of an accident, however, it cannot be put on gradually, and the car must acquire considerable velocity before it can. In stopping a car I put the brake partially down, take the gripper off, and then tighten up the brake. On the occasion of the accident I had not to pull up until reaching the Shamrock. I think that tho slipping of tho rope is to be attiibuted to the heavy strain on the line. The rope ha 3 often slipped at that particular place, which is the worst part of the line. I never saw the rope lost at the upper curve, where the strain seems to bo eased. I never lost tho rope with any of the other cars. I lost it with this car the first time I tried it on the same curve whilst waiting for the up car. I had no difficulty in pulling the car up on that occasion. The conductor and myself were the only persons on the car. lam of opinion that the accident was caused by the brakes not acting. I will explain how the brakes did not act. If there are two passengers more on one end of the car than tho other it mounts the rails. I thought until the morning after the accident that there were only three passengers on board tho car, when I was informed there were a good many more ; and as 1 only saw three passengers inside, the others must have been on the platform, which I think would cause the car to tilt up on end. (The brakes used on the car to which the accident occurred were here produced and examined by the Jury.) Witness : I believe the brakes produced are the ones used on the car. The largest number of passengers I have taken on the car would be about 30. When it is heavily laden it seems to he more solid than at oiher times, and I have had no trouble with it on these occasions. I think that a week's practice was quite sufficient to make me acquainted with the working of the car. I am a mechanic, and therefore soon get into the working of these things, I could not have turned the brake the wrong way if I had wished to, it being hard up against a nut when turned off, so that if I had tiicd to turn it further off instead of on it would not have gone. By the Jury : These blocks (produced) are the first blocks that were put on tho car. They are slipper blocks, and do not heat. The brake did not take effect. If it had done so the car would not have come back. There were three passengers on the rear platform, whom I asked to come inside when we were partially up tho hill. I believe that my screwing up tho brake brought it on to the rail, but that it only acted as a so t of pivot, and the weight of passengers on the rear caused the car to tilt a little towards one end.

By Mr Solomon : I was on the car from the time the ear slipped to the time it stopped at the bottom of the hill. It was usual for passengers to travel outside. When carrying a large number of passengers they were obliged to travel outside. It was my duty to overhaul the brakes. Idoit in the morning before starting. It would be possible to run a considerable portion of a day with a defective brake. I think there had been rain on the day of the accident. When there has been only a little rain it is far more difficult to run and to pull up than when there has been much rain. I consider the dummy-cars to be the best-working ones.

James Forsyth, conductor on the Roslyn tramway, deposed that he was the conductor of the car to which the accident occurred. There were ahout 14 passengers got on at the Shamrock on the evening of the accident. I think that three of them were on the rear platform, about three or four on the seats at the lower end of the car, about three at the upper end, and about three or four on the front platform. I think they were distributed in this way in order to get them so divided as to make the car run smoother. I know there were three or four persons in the front when we started, and I have no reason to think they changed their position. I had commenced taking the fares, and got part way through the car, when I felt that the rope had got out of the gripper. I remarked this fact aloud, but do not think it was heaid by tho dri\ er. I did not call out a Fecond time for fear of alarming the passengers, and because he should have known himself. The driver did not seem to realise that the rope was out, and was trying to tighten it with the gnpper-whcel. By this time the car had begun to run down the hill pretty quickly, and seeing that it was not stopping I looked to see what the driver was doing. He was turning the brake. The car continued to increase in speed. I looked again and found him turning the brake the wrong way. I told him that he was doing so. Todd also called out tn him the same thing at the same time. He then commenced turning the right way. 1 left him doing this. There was another car-driver in the cay with us, who tried the gripper-wheel. Todd came forward and, I think, helped to work the wheel. Finding that the car did not stop, I commenced turning the larger wheel, which raised the whole of the gripper woik. This would ultimately have stopped the car. I had given this wheel about one turn When the car struck at the bottom. Ido not remember anything else. I was taken to the hospital. I have been engaged on the tramway ever since it commenced. I was on this car during the whole of the time of its working. lam quite certain that the driver was turning the brake the wrong way when I first noticed him. I was not aware of any nut that prevented the brake being turned the wrong way. On the Friday before the accident the rope got out of the gripper, and tho car was stopped with two or three turns of the brake by the driver then working the car. I have only known the rope to leave the gripper twice. I account for its getting loose by its not being properly fixed in the groove at starting. There is no difficulty in properly gripping the rope on starting. It is possible for the rope to have been so far on the groove as to take it up the straight, but to come out in taking the curve. The rope would not come out of the gripper if properly fixed on starting. The only way of getting it out would be to loosen it with the gripper. I never knew tho rope to slip excepting when the driver had failed to grip it properly before starting. ! here is no difficulty in stopping the car when the rope comes out of the gripper if the brakes are immediately put on. On Friday night, with 25 passengers, the same car was stopped within three yards after the brakes were applied. The car being badly balanced might possibly tilt the car up a little, but I do not believe that it would interfere with the working of tho brakes. George Thorn was the driver of the car on the Tiiday night, and Hannah on Saturdiy. If the driver of a car thought the rope was only slipping, it would bo right for him to try and catch it with the gi-ippcr-whoel

By tho Jury : I thought that Hannah had lost all presence of mind when the car began to descend. He was very much excited. I consider the screw-brake to be the most powerful oi'c on tho line. It is not so simple to work as the lever-brake. I looked to see if the rope '» as ou on the Saturday night, and it had tho appearance of being so. By Mr Solomon : I think nearly 40 is the largest, number of passengers we havo ever carried in one car.

David Todd, pointsman on the tramway, deposed : On the day of the accident I was on the car that met with the accident. On getting np the hill I heard the rope fall upon the pulleys, and knew by that it had left the gripper. I was on the outside of the car. I felt it began to come down the hill directly the rope left the gripper. I looked to see what Hannah was doing. He was screwing the brake tho wrong way. I called out, " You are screwing the brake the wrong way, Peter." The conductor went inside to help him ; I also went in, but we were almost at the bottom of the hill and on our broad side before I could render any assistance. The brake-wheel was being turned the right way when I got in. The brake never touched the rail. If it had done so we should havo felt it somewhere. I do not think that after the driver began to rectify his mistake, and turn the brake the right way, there were many seconds before we reached the bottom. On the previous evening the rope came off the gripper about the same place, and the car was stopped by the brakes within a few yards. There were seven passengers on the front part of the car. I did not feel any rocking. The car was well balanced. The drivers generally put the passengers as much to the front as possible. I never saw any good in doing so. I did not see the deceased, and did not know him.

By the Jury : I was in the act of giving tho brakewheel a turn when the car landed at the bottom. I was not much hurt by the accident.

Thomas Gibson Spiers, cadet in the Post-office, deposed : I went up in the Roslyn traracar on Saturday evening, the 23rd April. I stood on the lower platform. The deceased and another person whom I did not know were also on the same platform. Tho deceased jumped off the car. I did not Bee him fall. I also jumped off, and was slightly hurt. It was just below Porter's hotel that I jumped. The car was going very quickly at the time.

John Rankin Strang, draper : I was a passenger by the Roslyn car on Saturday evening, 23rd April. I was on the lower platform. I believe there were two other passengers and the conductor on the same platform. On getting to the points I noticed the car stop and begin to come back. I did not hear anything said. I think the brake could not have been applied or we should have felt some obstacle to the speed.

Charles Cossens, engineer : The gripper, brakes, and wheels in the car to which the accident occurred were fixed by our firm. I saw the car immediately after the accident. It wa3 tilted over partly on the wheels and partly on the gripper. I found the latter to be dragged from the lower frame. A few hours later the car was removed to our workshop, and I noticed that the plate was bent. The brake was in about ordinary working position ; at the time of the accident it might or might not have been touching the rails. It would not take the whole weight of the car, but it might take some of it. I do not think the brakes produced show any indication of chafing or unusual wear. Tiie brake is 21 inches long by 3J wide, and is placed between the wheels. I do not think the car could bs tilted so that the brake would not work. The tilting that would be caused by a number of passengers standing on one end would not in any way interfere with the working: of the brake. If the car had tilted so as to cause the brake to come down on one end there would have been some appearance of it. Ido not see any such appearance. The driver might have turned the brake- wheel the wrong way, but could not do so more than about three or four turns of the wheels, owing to a nut on it. It would require 12 or 14 revolutions of the wheel to expend the whole of the screw ; this number of revolutions should lift the wheels off the line. I consider the brake strong enough to lift the car off the line with 12 passengers in it. One man should be able to lift four tons with one brake. I have not noticed anything in connection with the car that would hint how the accident occurred. I think the screw-brake is preferable to the lever-brake. The car could be pulled up in twice its length.

By Mr Denniston: I see nothing to prevent tho brakes catching 1 , even if they were run the wrong way before putting them the right way. By Mr Macgregor: I think that eight turns of the brake should be made in as many seconds.

Georgo Thorn, driver on the Roslyn tramway: I have driven the car to which the accident occurred every night excepting Saturday. On the night before the accident, whilst I was .driving it, the rope came out of the gripper. I immediately applied the brakes, and succeeded in pulling it up without any difficulty. 1 cannot conceive what caused the rope to slip.

Charles J. O'Connor, civil engineer : I have in spocted the Roslyn tram-line and some of the cars. (The witness here produced and read a long report on the trarncars, prepared by him prior to the starting of the Company. In it he expressed himself favourable to the cars now being used, and gave the opinion that they were perfectly safe. He spoke with equal favour of the whole system, but considered it necessary that there should be a periodical inspection.) He could give no reason as to the cause of the accident. He gave it as his opinion that if the rope had been properly gripped at the start it would not have come out. Ho produced a number of plans showing some proposed alterations. He ex plained that the great difficulty of the Roslyn line was its being a single one with loops. If it were a double line, it might be pronounced as absolutely safe. The great difficulty in the working of the line was the curves. He thought, also, that a great deal depended upon the rapidity with which the brakes were ap plied. He considered that 30 or 40 passengers were too many to carry on a car. Twentyfour, he thought, would be tho right number i £The witness produced a plan showing the grippers in use on the Californian tramways, which were similar to those used on the Roslyn tramway ; also a plan of the improvements made in those used on the ltoslyn tiamway.) Witness preferred the use of the lever-brake on tramways of the kind, on account of its quick action .

E. R. Ussher, Government engineer, said that on behalf of the inspecting engineer he had examined and passed the dummy-cars in use on the Eoslyn tramway. He had paid particular attention to the brakes, which worked remarkably well at the time of his inspection. The lever-brake was quicker in its action than the screw-brake, which, however, was the more powerful. George S. Duncan, C.E., gave evidence as to the position of the car after the accident. Ho was of opinion that the accident occurred ihroug-h the gripper slipping off the rope and the driver turning the brake the wrong way. The dummy-car could be stopped within a distance &f four or five feet when travelling down the hill at the rate of five and a-half miles an hour. The accident the other day occurred through the sand-boxes being out of working order. The rails were wee on that day, and the brake skid along them. The gripper had lately been improved by a lug. The Coroner : That is all the evidence, gentlemen, upon which you have to find your verdict. It is confined to a very small compass indeed. Of course j'ou will have no doubt that the deceased Garratt died from tho injuries ho received by the accident, and the question for you to consider is whether this accident was caused by the culpable negligence of any person* Certainly the weight of the evidence points to the fact that the real cause of the accident was the negligence of the driver Hannah, in not putting 1 the brake on. He says he did put it on, but he is not supported by any of the other witnesses It has suggested itself to me, and perhaps to you also, that it is rather a strange thing that a man of skill and practice could have turned the brake the wrongway, and so contributed to the accident, but our doubts as to the probabilities of such a thing happen ' ing are set at rest in a great measure by what the engineers say. They think that in the heat of the moment it was not unlikely that Hannah might have turned the brake the wrong way unwittingly, and through gettingit jammed might havo thought it was down on the rails. I think it would bo a fair conclusion for you to come to, that the accident was caused through his omitting to put on tho brake. It is a very serious conclusion to come to, because if you think that that omission was of a culpable nature, you would be obliged to bring- in a verdict of manslaughter against him. You are therefore to consider very carefully — if you conclude that the accident was caused in this way— whether culpability was shown on the part of the driver, and what to extent You learn that he had been accustomed during- the whole of tho time the trams were running to use a lever -brake, and that for three and a-half days he had been usinsf the screw one, and it is for you to say whether you can draw some conclusions that would render him not so culpable in the matter. It is entirely a case of culpability. If you think that he had the misfortune to turn it the wrong way, and that he did not discover his fault, you will then say the death of the deceased was the result of an accident. If, however, you think that ho was culpable in the matter, being placed in a position of responsibility, and having had experience with the brake, it will be your duty to bring in a verdict of manslaughter against him. It is a question as to whether you attach culpability to his omission, or whether you consider it was a sort of accidental omission. It is a very serious question for you to consider. One docs not know that a similar accident will not occur, and it is right every care should be taken, and that you should express your strongest sense in this matter. A Juror ; But, your. Worship, would not the fact ol

Garratt's leaving the car exonerate the driver to a Oh.no; that would not exonerate hl The ta jury, after about an hour's deliberation, brought in a verdict of manslaughter against the ordered Hannah to be brought before him, said: The Jury have brought in a verdict of manslaughter against you. They consider the death of the deceased was caused by your neghgent omission to do your duty. They wish me further to say that they do not consider your criminality in the matter to be of an extremely culpable character. It may be some satisfaction to you to know that. As there is no intermediate verdict for expressing something between pure accident and a case of manslaughter, they must bring the charge of manslaughter against you. It will therefore be my duty to commit you for trial at the next sessions of the Supreme Court. (To the Jury) : I think, gentlemen, you said something in the shape of a rider: that you noped the recommendations by the engineers would be attended to as regards the number of passengers to be carried by a tramcar. There was also some mention made, although not in the evidence, about the widening of Rattray street above the Shamrock Hotel, i. may mention that there is a very dangerous stone that strikes the feet of the people while on the tramcar, and it should be removed. Hannah was allowed bail in a surety of his own recognisance for £100, and two others of £50 each.