INQUEST ON KIN HAY.

Otago Witness, Issue 2433, 31 October 1900, Page 29

INQUEST ON KIN HAY.

An inquiry into the circumstances attending the death of Kin Hay, who was killed by an accident on the Roslyn train line on Saturday, was held at the hospital on Monday afternoon before Mr Coronor Graham and six jurors, of whom "William Scott was chosen foreman.

Sub-inspector Kiely represented the police, Mr P. Duncan was present on behalf of the Tramway Company, and Mr A. C. Hanlon appeared to watch the proceedings on behalf of James M'lntosh, "the driver of the tramcar which met with the accident.

Chin Shing, the keeper of a, laundry in Dunedin, deposed that the deceased was his cousin, and worked at the gardens at the Kaikorai. Deceased was a married man, and his wife lived in China. He came to 'the colony about 20 years ago. He did not own any property in the colony to witness's knowledge. Dr O'Neill, resident surgeon at the hospital, deposed that the deceased was admitted -into the institution on Saturday. He examined him on arrival, and found that he was dead. Deceased's 'injuries consisted of a large iacerated wound on the fore part of the scalp on the right side. The wound was 7in or Sin long, and reached to the outer part of the right orbit. Benealfch this wound the frontal bone was completely smashed in and the brain exposed. There was considerable loss of brain substance, and the deceased was bleeding from the left ear and mouth, pointing to fracture of the skull at the base as well. These were practically the only injuries, and they were sufficient to cause in&'tantaneous death.

James M'lntosh was then called, when Mr Hanlon said: This is the driver of the car. At this stage I don't think it is right that he should be called upon to give evidence! I may think it prudent at a later stage of the proceedings to allow him to answer any ques : tions that may be put to him,- if you should think it desirable that he should be called. But in the meantime I think it would not be a proper thing for him to give evidence in the face of_ certain statements that have been made. Of course, they have only appeared in the press, but I presume statements have been made, ancPin the , face of those statements it is iindesirable that the driver should be called upon to answer any questions. ,

The-, Coroner : Well, he is here; he has been duly sworn ; and I have a right to call him to give evidence.

Mr Hanlon said the driver had a right to refuse to answer any questions on the 'ground that it might incriminate him to do so. The Coroner _sajd it was jusj; as well that she

witness should stand down for the present, aid if, after other witnesses had been called' the miy were not satisfied that there -"/as sufficient evidence to account for the death of the deceased, 'then the driver might be called. This inquiry was quite independent of any further inquiry that might be made. All the jury had to do that day was to find out the cause of the death of Kin Hay. Mr Hanlon -. Of course ; but in the meantime it is my duty to protect the driver. William Isoac Bolam, undei writer, and man- - ' agei- of the New Zealand Insurance Company, ■ said he resided at Ross street, Koslyn. He left Roslyn by the 9.30 tramcar for town on Saturday, the 27th inst. He got on the car with Mj: Reeves opposite Bruce street. At the foot of Ross street they picked up Mr Ewing, and proceeded to the old engine shed. Here they changed cars. Before starting the driver tjjeel the brake, and witness saw him turn the whsel at his right foot, which witness took to hava had reference to the brake. He was seated; in the front compartment with Mr Eeeves and Mr Phiin. Mr Ewing sat on the side facing the north. Witness noticed the cleaner wit}* the iron hook also on that side. They proceeded without picking up the rope. Before reaching the brow of the hill he noticed the car was not answering the brakes. The brakes were being , put on to their fullest extent by Driver M'lntosh. Witness had one 'foot on tha step to jump out at the brow of the hill, butwas called back by Mr Reeves. No aftempt had been made to pick- up the rope at all After getting over the brow of the hill he knew toere was no cho.nce of stopping the car with the brakes being used. There was nothing more to be done than to ait still and hold on. Ihe speed at which they were travelliu^ rendered it unsafe for anyone to jump off. Ha did not see the Chinaman jumo off.- There" were three Chinamen and two ladies on board when they got, on to the oar. He did not knowthat the Chinaman was 6ff till after the- accident. When they got to the bottom of the lull the car seemed to rise a little and fall on its side. In the morning witness frequently came down m the car. Witness had never changed cars at the old engine shed before to his knowledge, and therefore the cars would always hays a grip of the rope there. He heard-'no instructions gven to or by the cleaner regarding thW picking up of the rope. When they started^ from the old station before the extension of tha line the cable used always to be picked u» before starting, and placed into the gripper. To the Sub-inspector: It was his belief tha* it was owing, to the cable not "having been picked up that the car ran away that morning. The brakes were not sufficient at any time ta stop the car. It was not travelling very fast till it got; over the brow of the hill. The driver kept his wits, and could do nothing more than he did. The brakes were on to the fullest extent. To a. Juryman : The car carried sand boxes, but he did not notice any sand used. To Mr Hanlon : He could not say 'definiielv if it were possible 'to pick the cable up, just bo.ow the table. They always -picked it xlv there before the extension. Since the'extension the car had always had hold of Ihe rope Iwhen he was on it before it reached this spot. ' After the car got into motion "the driver could not have done any more than he did, but before he started he could have got the cleaner to help him to pick it up. To Mr Duncan : The cleaner was on the north side of the car. He got on the step at the back witness thought. Arthur Meiklejohn, aged 14, attending tha" .Kaikorai School, saicl he was on tha car, joining it at Hart street. He changed cars at tha old station. Three Chinamen also got on. They started from the old engine thod. Tha ca-r was not on the cable then. Witness thought the car was going too quick, and jumped off r at the side of the bank. He jumped off a little above the overbridge. Before he jumped off someoje said, " Sit still." Witness followed the car down. He did not see the Chinaman come off. To Mr Hanlon : Witness had travelled a good bit on the cars. A man lifted the rope when the car picked it up, hut he never saw it picked up in this way at the transfer tables. Father O'Malley, Roman Catholic priest, residing in Rattray street, said he was walking up and down in the porch of the Cathedral reading when his attention was attracted by an unusual noise of the tramcar. He saw deceased moving very rapidly on the ground, partly on his hands a-nd >feet,>- towards the fence of the Girls' High School. He had the appearance of being propelled from the car with great force. His head strtick the enclosure, his body being repulsed about a. yard from' tho fence and rolled a little down the slope. The body lay supine and slightly contracted. Blood was flowing rapidly and in large quantities from his mouth. The car passed very rapidly. He could not see if there were a person on the car or not at the time. His attention was fixed (more on the moving object. He did not sco the Chinaman leave 'the car. He was gone before witness saw him., The .Chinaman seemed to throw himself off just before the car reached the curve. This, however, was only a surmise. At this stage of the proceedings Stib-insnec-tor Kiely saidsthere were other witnesses to call, but they were not able to appear. Dovmes; the cleaner, was confined to his bed, and Mr Ewing was laid, up, and it would be some time before lie could leave the house. If the jury required their evidence he supposed the inquest) would have to be adjourned. Mr Duncan said he would like Mr M'Lean to give evidence. George M''Lea.n, engineer, who was then called, deposed that he was foreman at Cossens and Black's. His firm had been employed from time to time by the Roslyn Tramway Company in providing pla/At. He had be&n officially employed in connection with the gripper and brake gear. He had heard that there wa.s an accident on the Roslyn line on Saturday. He saw the car which met with the accident on the same night, and also the bfoken grippers. There was no defect in the material whatever. The brakes were perfectly clean. He examined the car. but previous to doing so he was assured by Mr M'Coll that it had been in no way interfered with. He tried the slipper brake lever; and it? seemed sufficient to lift the car up. The wheel brake wasjetlso in good order.* There were new brake blocks on the front wheels, and the hind brake blocks were slightly worn, but not sufficiently to affect their efficiency. There was a block to each wheel. He noticed the sand box in the car about threeparts full of free, liimiing sand. He also kicked the lever and the sand started running. He did r.ot think there had been_ any detachment or addition made to the car before his inspection. He noticed another brake "called a " dolphin." It was worked by a screw inside oi the car. It was in reality a wedge, and the pressure forced it down between the slot in the rails. It was all grooved, and it had been down ; an inch and a-half into the slot. It must, ' therefore, have been put into the slot with sufficient force to have sprung the rail. The brakes

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■were no doubt sufficient for dry weather; but in wet weather they might skid. - To (Mr Hanlon: Witness noticed the sand boxes in the car. There was only sand in one, "but of course there might have been sand m both. He did not notice whether one lever afiected both sand boxes. He only kicked one lever, and found that the sand ran out of one box. He could not say whether there was a piece off one of the wheels of the car. The car seemed to be very free from strain. He was * astonished to see it so intact. The wheel to work the " dolphin " would stand about Ift from the bottom of the car. The screw had been clown about 2^in through the wheel, showing that the " dolphin " hao. been used. When once there was great velocity on the car he questioned whether the wedge would be sufficient to stop it. ■ Hugh William M'Coll, traffic manager of the Boslyn Tram Company, gave evidence that he arrived on the scene shortly after the accident. r £he car was lying across the rails. He got the car turned round, placed on the rails, and taken up the hill. It was necessary to take it up to-the end of James street and bring it back to the transfer table. In bringing it down zv was necessary to bring it down on the brakes, the gripper being bioken off. Gripman Jamieson brought it down from James street to Ann. street, and thence to the old engine house. The ,"brake3 worked all right. At the bottom of Uattray street, before he took the car up, he let it »9 down to the bottom of Kattray street on the brakes, and found the brakes worked all light. He drew Mr M'Lean's attention to the " dolphin " brake after the accident. There ■was a mark on the brake, as if it had rubbed against the slot, lHn from the bottom of the -wedge. The part of -the wedge that rubbed against the Slot was lin in diameter. The ■wedge was Jin at the extreme point. That ■would mean the " dolphin ' had only entered -the slot l-16th of an inch" on each side. Before it would act as a brake the wedge -would need to be pressed in about 2in further in the slot. That could be done by screwing. The " dolphin" brake v/as so constructed as to get it in. The slot would expand with the weight of the car. This " dolphin "' brake could have gone down 2in further than it was put down. jSe had proved it himself, and if it were put <town that far it would have stopped the car. had been 13 years a gripman on the line. The brakes were in perfect braking order. There •was plenty of power on the levers- of the slipper and other brake, and the lever for the saad boxes was in good order. The test of the brakes from the point where the accident happened to the Rattray street terminus ahd from Ann street, Eoslyn, to the old engine shed was a fair test of the efficiency of the brakes, although the grade was not so great as further down the Hiill. If the " dolphin. " brake had been properly used by the driver the accident would not have happened. There was a mark of firing on one side of the wedge, and a lesser mark on the other side. This groove in the wedge •was only a sixteenth of an inch. Each of the drivers was provided with a rule book. Before the extension took place they were never supposed tp leave the transfer tables without the *opes. There were definite instructions to that effect. There had been no alterations in those instructions. There was a- standing instruction that the gripman must not start down the hill without the rope. It had been the habit to move down the line a little to pick up the rope, but there was nothing to prevent the driver in this case to pick up the rope where the car was standing. The car was standing at a place ■where they usually managed to pick up the ippe, that was three lengths below the transfer tables. The Coroner read rule 22 for gripmen. out of "The Rules and Regulations for Conductors, Dummy Engineers, and Other Employees " of .the company. The rule was as follows: — " You will invariably before starting your dummy from either terminus examine the rope and be satisfied it is in the proper jaws. If from neglect of this lule traffic is delayed, the gripjnan will be held responsible for any loss, besides "being liable to fine and dismissal."' To Mr Hanlon : This car, No. 7, was heavier than, the other caTS — about 3cwt heavier, but he would not be certain. He noticed there was a slight piece — a couple of inches — broken off one of the flanges of the wheel. That would not affect the efficiency of the wheel brake. The brake was an old one. He was told the car started below the transfer tables, but he could not contradict the driver if the driver said he staited from the transfer table. It was cot impossible tc pick up the rope at 'the transfer table. He had seen it done, but could not say absolutely if he had seen it done since the extension. It had been the custom with all the drivers to run the cars on the brakes Erom the "transfer table for a distance of about 15 or 20 yards before picking tip the rope. The rope could not be picked up except when the car was stptionary. The driver had to turn away from the gripper and brakes to -work the " dolphin " brake. The other brakes had a ratchet, and it was not necessary to keep hold of them. There was a grooy.e of a sixteenth of an inch in the weclgef and that groove, would not 'act as a brake, but the brake could be | •wedged in further. - --xr Hanlon : "But if it were wedged in further, and another groove formed, he could not always be wedging it further. Witness: But if it were wedged in further the friction would be greater. Mr Hanlon : And the groove would be formed all the more quickly, wouldn't it ? In reply to further questions witness said that if the dolphin had been properly used the car would have been stopoed. Any man could screw the wedge down. He v/as on a car which was stopped in that way. The car came down the grade near the cuttine; without the rope, and was stopped at +He end of it with tire ordinary brakes and the dolphin brake. That was some years ago. Mr Hanlon : Is it not a fact that the dolphin brake Was made for a wooden slot, and now ths slot is iron' Witness: It was made for a slot. Mr Hanlon: Was it not made for a wooden slot? "Witness : Not necessarily ; but when the dolphin brake was made there^was a wooden slot. Mr Hanlon: K"ow it is iron, and you know the result. J)id you ever supply M'lntosh with a copy of the rules ? • Witness: No; but I understand the secretary did. Mr Hanlon: But you have ' Undertaken to swepr that he was supplied with one. He says he was not, will you contradict him.— Witness : No. — You will withdraw that, .then — Witness replied he would. To the Sub-inspector : The test he made after the accident would not be a fair test compared with/ the run Sown Rattray street with a loaded car. He did not agree with Mr M'Lean that the' car could ndt be stopped with the J»rakes when it once got away. On the occasion the car bolted and it was stormed with the brakes they had the rope picked up, bixt lite-car was pulled up on the brakes. To a Juryman: Witness had had a few accidents while driving. - To Mr Duncan : The wooden slots had an iron tar on to». ■ To Mr Hanlon : Witness had not been driving since the iron rails had been put in the line. He did not know, of his own knowledge, that ' the dolphin would stop the car since the iron rails had been put in. He was speaking of what drivers told him. When he spoke of Dobson stooping the car with the dolphin it was since the iron rails had been put in. He was told that, but .had not seen him himself. James M'lnfcosh, who was th?n called, doVosed that he was driver of thr ca± on ■K.hin'h <.ho accident happened. After getting to ike

old station on Satuiday morning he asked the ' passengurs to transfer from one car to another. He got into the other car hirnsaii, and looked to see if the brakes were all right. The brake had not enough slipper on. He put some moie on by screwing a small wheel. The cleaner ' was standing at the car at the time, and he said, "Will 1 put the lope on for you, Jim? " Witness replied, " Yes, Harry, when we get .a few yards further down," it being a matter of impossibility to piit the rope in immediately after the car conies off the table. It had been the custom of the drivers ever since the new construction to nm down 15 or 20 yards to put the rope in. After proceeding down as far as the footpath, a distance of about 20 yards, the car did not seem to be working quite so easy as he expected, so he put on more brake by applying two levers. One lever acted for the slipper and one for the wheel. That seemed to have the effect of steadying the car. He thought she was going to stop about 15 yards oft the brow of the hill. Before reaching that distance she seemed to go faster, and was over the hill like a flash of lightning. He put all the power he could on when coming dov/n the grade. When he got to about Clarke's boot shop, near Arthur street, he let go the wheel brake, and applied it again with both hands. He also tightened the slipper up, but it seemed to have no effect. He was releasing the brakes and putting them on again as far as the cathedral, where he started to use the dolphin. This, however, did not seem to have any effect. In fact, after he had got that far he found he could not get the dolphin any further in the slot in the position in which he was standing. He turned round and started to use the lever brakes again. Just before coming to the Shamrock he slackened the slipper brake a little, thinking that would help to keep the oar on the line. Immediately afterwards the car struck and upset. Witness saw the Chinaman go out. So far as he could see he jumped out about half a. chain Irorn the curve below the cathedral. To Mr Hanlon : Witness had never been supplied with a copy of the book of rules produced, and he had never read it. It was a matter of impossibility to lift the rope at the table. He defied any man in the room to do it. He had tried it dozens of times, and had tried that morning. He used to work the transfer table, and had had more practice than any other man in putting the rope into the jaws of the gripper. He defied any nian to put the rope in the gripper where the car stood on Saturday. In his opinion the "dolphin" would not have the least effect in stooping the car at the rate it was going. The rails would have sawn the " dolphin " right thiough. There was only one way to get full pressure on the " dolphin," and that was by going outside on the side of the seat, and getting both hands on it. He worked "the " dolphin " as much as he i could. It had no effect, and then he returned | to the other brakes. i A Juryman : Seeing that it has been the t practice for a long time to run* the car down a bit without any accident, how do you account for an accident now? Witness: I cannot account for it. The car got such a speed that T could not pull her up. To Mr Duncan: Witness had taken the car'j down the hill many times on ths brakes. O i Saturday morning he thought the car skidded slightly, and he did not notice it, and before he knew where he was she was off like a shot oat ] of a gun. He thought when he got to the Salutation he could stop her. He applied the " dolphin " before the Chinaman jumped off. The car had great way on then. If he had •used the " dolphin " coming into the cutting he did not think the result would have been different at the rate the car was going. She got on speed before she ea-rne to the cutting. The car stopped for the passengers about two or three yards from the transfer table. It was not three car lengths anyhow. Downes, the cleaner, had been giving the rope to the drivers for some time. If Downes said he took the car down to a place where he could give him the rope witness would contradict him, because he knew for a fact that the rope had never been put in there. Sub-inspector Kiely -said the passengers who were now ill might like to give evidence' later on. There were two ladies in the hospital, Mr Ewing and Mr Downes. Mr Duncan : The company would like to have Downes called. Mr Hanlon: There is another man here today who has been a driver on the company's line for some years, and he will tell the jury that it is a matter of impossibility to put the rope in to the gripper a-t the transfer table, and that it has been the custom ever since the line was extended to let the gripper man jump on the car and go down a, few yards with it. Mr Duncan said Dawnes knew where the car was put, and before his evidence was got the jsry did not know whether the evidence of Mr Hanlon' s "witness would be of any use. * A Juryman : I think it very nece'sspry to have the evidence of Mr Downes, but I don't think it necessary to have the evidence Mr Hanlon wishes to- bring before us now. I think we have had ample evidence on that point. ~ Mr Hanlon observed that there was a conflict of evidence on the point. After further discussion it was decided to allow Mr Hanlcn to call the witness he had suggested should give evidence. William James Wilson, tramcar driver on the Duuedin and Kaikorai line, said, he had been employed or the Roslyn line for three years. It had always been the custom for the drivers on the Roslyn line to go 15 to 20 yards below the "table to pick up the rope. It could be picked up 15 yards down. "Jf a man tried it nearer he could very easily strain himself. He had seen M'lntosh. thrown up against the end of the car trying to lift the rope. There was a curve there, and a side strain on the rope. Witness tried it that day 10 yards away from the table, and could only lift it. 3in or 4in without hurting himself. He tried at 5 and 10 yards, and could rot lift it sufficiently high to get it into the grip. It was not always the custom for another employee to lift it into the gripper, and when he did the car was run down a little. Witness would have acted the same way as M'lntosh did m a similar accident. No man could have done more. To a Juryman: Wilno3s had always taken the car -down from, the table to pick up the rope. To Mr Duncan: If the car was standing 20 yarch from the table he would not have gone further down to pick tin the rope. In picking up the rope *that morning he was not on the car. He only had a hook.' It was possible to lower the gripper on No. 7 car when he was in the company's employ. It could be lowered 9in or 3Oin, and then a man of ordinary strength could get the griroper in. If the gripper had beon lowered at the transfer table Downes could have put the rope in the gripper. If M'lntosh lowered the griptser, and the car was hieher th?n Downes said it wis, the rope could not have been put in the ejripper, but it might hsve beP7l done where Downes is alleged to have said the car was standing— namely. 15 or 20 yards away. If the gripper had been lowered, the rope could have been put in even up to 5 or 10 yards from the trinsfer talVe. Mr "Du-ican observed iha% the co&pany wa«' ready to give a physicil test of a man's ability to nick up the rope at the table. The Jury expressed the opinion that it, -would be wiso to have the evidence of Downes, nnd the inquest was adjourned till 2 o'clock that day week at the. Magistrate's Court. — More people-ever 100 years old are found iv mild climates than in tho Uglier latitudes.