MOTOR FATALITY

Southland Times, Issue 21770, 27 July 1932, Page 8

MOTOR FATALITY

DEATH OF PASSENGER DRIVER CHARGED WITH MANSLAUGHTER NEGLIGENCE ALLEGED (Per United Press Association.) Wellington, July 26. On the evening of April 9 a motor lorry converted into a bus, which was taking a party of young people to a dance at Kaituna, was struck by an express train from Wellington at the Renall street crossing in Masterton, and one of the passengers, Frank Muirhead Gillespie, was killed. The driver of the vehicle, James Thomas Rutherford, stood trial to-day on a charge of manslaughter, laid under the Crimes Act, and on a charge of negligent driving, thereby causing a death under the Motor Vehicles Act. Mr Justice Reed was on the Bench. The first witness was Sydney Herbert, the driver of the train, who said that from the engine-driver’s point of view the crossing was not a dangerous one. He said it appeared to him that Rutherford accelerated just before he came to the line. It was then too late for him to stop. Edward Furness, the guard of the train, said that about 55 yards off the train would be well lighted. Victor Woodley, Elsie May Saker, and James Henry Garrett, passengers on the bus, said they saw the train before the bus reached the crossing and, in their opinion, if Rutherford had been keeping a proper lookout they thought he should haVe seen the train also in time to pull up. The accused was said to have been driving motor vehicles since 1919. He was engaged to convey the party from Masterton to the dance at Kaituna on the night of the accident. He proceeded up Reynolds street, looking for the train with his foot upon the brake and, as he did not see it, took his foot off the brake and stepped upon the accelerator. There was nothing to indicate where the railway line was. Upon reaching College street, he saw lights, which he took to be those of the train, away in the distance, and he thought he had ample time to cross the line before the train reached the Renall street crossing. He did not see the train until it was upon them. The lorry was an old one. It was difficult to hear the whistle of the engine. If the motorist were to halt at the stop sign, he would get no view of the train until it was on the crossing. He would not admit any negligence or want of care. He had taken every precaution. The hearing was then adjourned until to-morrow.