The Late Accident at St. Bathans. TO THE EDITOR.

Otago Witness, Issue 2120, 11 October 1894, Page 17

The Late Accident at St. Bathans. TO THE EDITOR.

Sin, — No one could have felt more sympathy for Jtlr.and Mrs J .nthooy Gallagher in the late sad fatality which deprived them of a bright little daughter six years of age, aud I am through that feeling of Byrupsthy reluctant to refer to so painful a matter in an argumentative way ; "but my position as actingcoroner and my minute knowledge of facts compels me to do my duty, and -place, before the public the true version of the affair inst ad of -the catalogue of aspersions publiched by Mr Gallagher. He attributes the accident to the daegsrous state of the road, and in the face of this he allows a notorious jibbing horse with an inexperienced driver and a cart full of children to be drivon alon<r it, wbich I consider is sufficient to show that Mr Gallagher had no idea of the road being dangerouß until it was generated *by the accident. Further, when the horse was .going up a steep 3>inoh a lad jumped out of the cart and caught hold of one of the reins, thereby cau3ing-a severe check on the bit (said bit beinst "known to "be a^ngerous), and by squeezing it aown on thenorse'B lower jaw caused him to stop ana "back. The horse backed about nine yards, and capsized the cart into the Muddy creek channel. Betides this, there was an alternative road which could nave been used if the other was considered dangerous. Mr Gallagher says " the crossing has not been used for nine months." Certainly not— he is only wasting words, for the companies built tbe bridee on the most suitable spot expressly to do away with the crossing. TheT>ortion of the road where the accident occurred has nut been interfered with for the la't 12 years, with the exception of the gradual deepening of the channel alongside of 'it, and it is used now and has been used all along for regular traffic. That the inquest was a " scandalous affair " is a matter which can be best considered by the general public. Certainly the jury haa no ends to gain as a result of their -verdict. In -the first place, it is made to appear that the local constable (Mr Kennedy) selected the jury from amongst the employees of the companies interested in the channel. As a matter cf fact there are not half a dozen men in St. Bathans who are not interested directly or indirectly in these companies, and I am of opinion that the local constable exercised a wise discretion when he selected a jury from those who were living or working in the im- ' mediate vicinity of the accident, ana this was done without any consultation with me as to who should be on the jury. I am the justice referred to, and have been a director of the, company off ana on for the last 20 years, but the thought of any responsibility "by the company never entered my mind, nor was ever urged or discussed by the jury or .the public until the inquest was over. Three of tbe juryMessrs John Gallagher, Towne, and M. Fahey — are not interested, directly or indirectly, in any of the companies. Two of them were certainly employed for a brief period; but almost every miner m St. Bathans has been an employee of the companies at some time or another, ana it is more reasonable to assume that the men whose services haa been dispensed with would be more unfriendly to the companies than otherwise. When Constable Kennedy was advised of the accident he telegraphed to the coroner at Naseby, who replied to request the local J.P. to hold an inquiry if it was deemed necessary. The constable

.accordingly asked in* io Appoint a time for the inquest, which I did, and I did not see him again until the hoar appointed for the Inquest on the following morning. If Mr Gallagher did cot like the juiy selected by Constable Kennedy, why did .he not take exoep* tion to them at the inquest? Had he done solus protest would have received every consideration on my part. After all the ovidocce had been* heard, including that of Mrs Gallagher, her sister, and son, I loft the room after askin/f the jury to give due and unbiassed -consideration to their verdict. In 20 minutes I was recalled, when the foreman announced to me that 4ha unanimous verdict was "Accidentally drowsed, and no blame attached to anyone." A rider was addea to the effect that the Maniototo County Council be requested to consider the desirability off removing the sharp bends from the road. I may say the bridge referred to -was passed "by the county engineer after its erection. It is ridiculouß that Mr Gallagher should say that Mr John Gallagher was an entire stranger to him, for they have both been well-known residents in St. Batbacß for the last 12 years ; but knowing Mr John Gallagher bo well, bis remarks after lihe inquest as to the parties wno are to bla.me in the matter, the remainder of tbe jury and .all xsoncerned oan well afford to treat .this with silent contempt. The dangerous horse that Mrs Gallagher was driving at the time of the accident Rave a public exhibition of "bis ecccntricitiea yesterday afternoon in St. Bathans townsliip by jibbing ana backing from thepoßt office downto Mr Wilkinson^ (about BO lards), and narrowly escaped cruthing a lad who was pasbing against Mr wilkinson'B building. Strangely enough if tha horse and cart had backed in ibe opposite direction they wouia nave gone over a bank ,20ft high, and. would in all .probability have been i!hi» cause of another fatality.— l am, tSrc. St. Bathans, October s. W. MConnochik.

TO THE EDITOR.

Sin,— ln your last issue appeaiß a letter written by Mr Anthony Gallagher, whicb purports to give the foots in connection with thelatcaccidentat St. Bnthans. The writer gives a history -of the road leading to his house, attempts to lay the whole blame of the accident upon tbe Scandinavian and M ana E. Companies, ana finifhes up by bringing very serious charges against, the jury and tha local constable. As it would 'be most unfair to allow the statements made 'by tbe writer to pass uncontradictea, I, as manager of the Muddy Creek Channel Company .and foreman of the jury against whom the charges are made, claim the i ight .of placing the true facts before the public. With regard to the roaa complained «f, 1 may B*y that the' companies have to maintain the CTOssiirg only, nna not flre road. The road is a Tecogmsed nonnty road, and is krpt ra a state of repair by .the ■countyi6urfaceman. The bridge over the crossing has been in use for the last six months and is perfectly safe. The point where the accident occurred is 35 jards away from the bridge, ana therefore I fail to see .how any blame can be attached to the Channel Company. Mr Gallagher says that the place where tbe bridge was erectea was the most dangerous spot ihat Qould have been selected : that neither approaches, are gafe, and the western side is very dangerous indeed. T *matt give this statement a most wraphatic denial. Before ereotiDgthe bridge <£ha channel was searched up and down for a suitabls sight, and, after a good deal of consideration, the place where the bridge stands was chosen* as 'the safest and most suitable. It was originally -intended to put the bridge a littieliigber up, at the oia open crossing, but as the banks of the channel at that place gave indications of slipping in, approaches could not nefo'nied, ana hence the present site was selected as being tbe most iolid ground, and therefore tbe sufost place on Due channel ; ana, further, I trnut say that the immediate approaches to the bridge^ which the cornpaniee have to maintain, are perfectly safe. Theaccident did not occur at .the approaches, but, according to Mr Gallagher's own statement, '35 yards away. Mr Gallagher goes on to wiy+hat at the point where the accident occurred the wheel mark was only ISm from the edge of the channel. This is a most extraordinary statement for Mr Gallagher .to make, as the distance ■ from where the wheel started to go back to Ihe channel's edge was measured immediately after "the accident took place, ana found to be nine yards. Mr Gallagher endeavours to moke capital out of the very unsafe state of the road, and to throw all the onus of blame upon the companies ; but Imayjtiere state that during the whole time I have been in charge of the channel (nearly two years) Mr Gallagher has sever breathed a single word of ccmplaint to me about the state of the crossing. He suddenly finds out tbe dangerous condition of the roaii, after the, accident, and yet be used the roaa time after time previous to thiß and never made any complaint. Why, tbe vory day before the accident occurred he drove over the same road, and if he considered it dangerous, why did he allow tbe hone ana cart to be driven there the following day, and in charge of a woman? The fact of the mattor is, if there bad beon a pood driver and a. staunch horse the accident would never have occurred. The horse has the reputation of being a jibber of the most pronounced type. On two occasions since the accident this horse has given most marked proof of its jibbing-propeneities, both exhibitions being witnesseaijy a number. of people. 'There is another ipoint whit'h I-wishtodrawiba .public attention to. At.a distance of «oxne yards from the bridge on the western side, the .road divides into two branches and unites 'again -on the top ol the incline, which the berse refueea to take. One of these branches is that on which^he accident occurrea ; the other, which is quite safe, goes in a more direct line and is laigalyusea. Haa this roaa been taken by Mr Gallagher there would have been no accident. And now a wora with regard to the jury. A most cruel and ungenerous attack .is here made on our local constable. What object la the name of common 'sense 'could Mr Kennedy have had in ■packing the jury'? H« Bhnply'selectea_thoße < \tfho were living near, or working in-the~vicmity'ofi3ie place where the inquest was to be held asa matter of convenience. As a matter of fact, in the first place he selected some men in the town, but as they pointea out the .great inconvenience it wouia put them to he thereupon selectea thnre who wouia suffer fhe least inconvenience. Mr Kennedy is too well "known and respected herefor such a trumpedmp»nd unfounded charge to affect bis reputation, and it is only for the information of the outside public tbat I make .this statement in his defence. It -is quite trueth*tMr-M'Conno-chie is a director of ihe San3inavian Company; Messrs P. Fab«y anaW. Jewis3 are working inthe Channel, and I am manager but what this has to do with the verdict I am at a loss to understand, as none of the jury had the'most remote idea that the Channel Company was in the slightest degree .responsible ; cor "has Mr Gallagher's wild statements altered their opinions in any way whatThe most illogical statement made in the whole letter is that which says, " Messrs M. Fahey and C. E. Townea are employed by the Channel Company, off ana on." Messrs M. Fahey ana C. IE. Townes have only been in the employ of the company for a short time, and once only since I took the management, ana there is nothing whatever to justify tbe supposition that they are likely to be employea again. If Mr Gallagher were to follow out this line ef argument it would scarcely be possible for Inm to find a working man in St. Bathans who hasnot at same time been in the employ of the Channel Company or the Scandinavian or M. and E. Companies, whose property the channel is. Mr Gallagher himself ana all his adult male relations who are living hereliave from time to thne been employed 'by those companies, and if he wishes to get what he wouia choose to term a fair and impartial British jury I am afraid he will have togo out of St. Batbans to find members for it. — I am, &c, - St. Bathans, Oct. 8. - John M'Combe. [We shall not "be able to allow apace for a conu tinuation of this discussion. — Ed.]

It is understood that among the recommendations of the Volunteer Conference is the abolition of the grant to New Zealand rifla associations, the" non-recognition of rifle clubs, snd the establishment of reserve corps, into which volunteers, after a certain number of years' service, may retire,.-