THE APPLEBY FATALITY.

Colonist, Volume L, Issue 12166, 14 February 1908, Page 2

THE APPLEBY FATALITY.

CONTINUATION OF THE INQUEST,;

At the Magistrate's Court yesterday the inquiry into tha circumstance's cos surrounding tho disaster Which occurred at the Appleby railway crossing on February Ist, by which Mrs Lydia Tilbury, of Lower Hutt, lost her life, and several other persons wore seriously injured, was resumed before Mr H. Eyre'Konny, LS.M., District Coroner, and" a jury, of whom Mr E. E. Trask was foreman.

Sergeant Dougan conducted tbo inquiry for the police. Mr R. Fell represented the Railway Department £ Mr Moore appeared for Messrs Newman Bros. , proprietors of the coacn which was wrecked by tho train^ Mr Maginnity watched the proceedings on behalf of the rolatives of Miss Filtall, one of the persons injured in tho accident, and Mr Barley appeared on behalf of Charles Brickland, the driver of the cnacb. Mr T. Edwards, stationmaster-in-charge of the Nelson-Tadmor section- of railways, was also present. The evidence of Mr A. J. Tilbury, husband of Lydia Tilbury, who was killed, had been taken previously. THE GUARD'S EVIDENCE. James Hill, a railway guard, said ho was in charge of No. 3 down train from Tadmor to Nelson on February Ist. They were running special timetable, the ordinary time* table being suspended on that day. They were running according to advertised time. On approaching Appleb^ crossing from Hope, at 12.15 p.m., the engine whistled as usual about 300 yards from the crossing, which was the usual distance. There were no passengers for Appleby. The train was to stop there only if required. Finding ho had no passengers to set down, and seeing none there to be taken up, he gave the driver the usual signal to proceed, by stretching out his arm. That meant they were to go through the station without stopping, He received the usual acknowledinent cf his signal from the tireinaD. After giving the signal he took the slack

of the brakes up in the van, to have them ready for use. On getting near the crossing he looked out for any possible passengers. Appleby was a flag station. When he looked out.be saw two horses witn part of tbe broken forecarnage of a coach attached to them. This was the first he saw of the coach. Had the coach approached from the side he signalled from he could have seen it. When he saw the horses, he also saw two people lying on the ground, and on looking to the other side, two others and the body of the coacb, He put on his brakes, and dropped off the van, going to the scene. Ho received three whistles fromjjthe en " gine driver for brakes, as he was in the act of puttting them on. The trains en the Nelson section were not fitted with the Westinghouse brake. "When he reached the crossing he found the coach driver and the little girl Fittall, lying clear of the line, on the station side. Misa Walters was in the cattle stop on the opposite side. Mrs Tilbury was also on that side, a little further towards the station. She was motionless, and had apparently been killed outright. Miss Fairball, a nurse from the Public Hospital, then arrived on the scene, and witness asked her what should be done first. She said they should not be allowed to up. Other • passengers then camo out of the train, among them Nurse Warnock, of the Christchurch Hospital. With, their assistance the injured persons were placed in the guard's van. Before being moved they were placed oo boards or cushions as the extent of their injuries was not then""* known. The body of Mrs Tilbury was placed in a carriage. The train left Appleby at 12.3H A doctor had been sent for to Richmond to meet the train there, butfhe was not there when the train arrived. At the time, witness gave the "right away" signal the train was travelling at about 15 miles an hour. Special passenger trains were allnwed to travel up to 30 miles pet hour on tho Nelson-Tadraor section. He was acquainted with the regulations relating to approaching level crossings. His first duty as guard • waa to attend to tho safety of the public. To MrMaginnity: There was a mark on the line near Appleby at which the engine driver commenced blowing the whistle. The mark was an old disused crossing. He had measured the distance from the centre of the road at the present crossing to the point. It was distant •12 rail lengths, each rail being 8. yards in length. About that point the whistle commenced on the day of the accident, and it was the usual whistle. Witness had been guard and acting guard on that line for ten years; for the last five years he bad been a permanent guard. Since the acoident he had examined the locality very carefully, both from the road and the railway lino. On the south side of the Appleby road there was a quick hedge, extending for 100 or 120 yards. At a point about 125 yards from the crossing there was a dip in the road, and at that place the hedge might obscure the view of tbe line. Otherwise the hedge did not obstruct the view. From the train he had noticed people on tbe Appleby road at that place. He could see a man walking along the road, and he had seen one on a bicycle on Tuesday evening. Ho kept him in sight until he stopped at the crossing till the train passed. The train was under perfect control when it reached the crossing on the day of the accident. Coaches usually travelled, he should say, at from seven to ten miles an hour. Tnero was nothing to prevent a person sitting on a coach approaching Appleby crossing from tbe west seeing a train on the line, except atjthe dip in the road he had already mentioned. Both before and after the dip it was possible to see to Hopo station from the road. The view would not be impeded for half ft minute in crossing tbe dip. Even in the dip he did not think the view would be totally obscured from a person sitting on the box of a coach.

MRS. TILBURY'S INJURIES. At this stage the evidence of Dr. Stanley Arthur Lucas, who bad arrived, was taken. In answer to Sergeant Dougan, # he said he remembered being called to the Nelson railway station on February Ist. He was shown the dead body of a woman in a railway carriage. He afterwards inspected the body at the morgue, lie found an extensive fracture of the skull, and also of the bones on the right side of the face. The injuries to the head were sufficient to cause instant death. There were other injuries to the body. The^left'foot bad been almost completely severed, and the bones of the right one had been orushed. The cause oi death was attack pending ou the injuries received, He saw other people at the station. There were three people in a luggage van. Of these one was the coachman, who was suffering from severe sbbMc and internal injuries, a little gi.l who had s fracture of the left thigh, and a young woman who was suffering from shock, lie ordered all the] injured to the Hospital at once. All the injuries were consistent with the story of a coach accident. Everything had been done that could bo done for the injured persons. To Mr Maginnity: lie nad seen Miss Fittall at the Hospital frequently since. She was about eight or nine years of age. Miss Fittall's injuries were serious. Mr Ilfirloy objected to such evidence being taken. The object of the inquiry was to discover the. cause of death of Mrs Tilbury, and the proceedings would be unduly prolonged if the depositions were burdened with irrelevant matter. Mr Moore took. the same objection. Mr Maginnity contended that very important issues might result, nnd the jury should have the fullest possible information before it, even if the depositions were burdened. Tne Coroner ruled that such evidence as might throw light on the

accident, although referring diroctly to the persons injured only, was admissible. Dr Lucns, in reply to a further question, said he thought Miss b'ittall's injury was due to tho fall. Other counsel did not examine tlm witness. THE WOR K I N G O S 1 TIT K • T3KAKIS& The taking of the evidence of James Hill, the guard, was then resumed. ; In answer to £Mr Moore, witness said there was a slight sea breeze on the day cf the accident. The van pulled up about three and a half chains past* the scone of the accident. Tiy Mr Jtarley: Tho ordinary hand, brake was all they had on the tram. The brake witness operated was on the guard's van, and three other cars had brakes, but there was no one to attend to them. A train would travel about 3J& chains after the application of the brakes, and a heavy train further than a light one. * By Mr Fell: It would have taken longer to pull up if there had been ' no station at Appleby. The whistle blown for the crossing was a fairly long ono, perhaps of seven or eight second's duration. That whistle was also the station signal, and was . therefore a long one. The train had stopped at Hope, a mile back. THE ENGINE DRIVER'S STORY. John Morris Stevens, engine driver employed on the Nelson-Tad-mor section, 'said he was on duty on No. 3 down train on February Ist. Witness blew his whistla on leaving Hope station, and again on approaching tne Appleby crossing, | within about 300 yds of the crossing. He gave one long whistle. He say/ a coaoh on the road first before he whistled. It was coming towards the crossing. lie had a very good view of the coach. When he whistled the coach would have been about 150 yards from the crossing. Witness kept on slackening, speed in case he was required to stop at Appleby. He received the "right away signal from the guard after blowing his whistle . He answered the signal by a short whistle, and the fireman extended hi 3 arm in acknowledgment. At this time the coach was under witness' eye. The coach came on towards the crossing, and the engine collided with it. He found no difficulty in seeing tli9 coach. He expected it to stop every moment. He saw the driver on the seat, but did not notice if he made any attempt to stop. Witness was running on time, and was not to stop at Appleby unless required. Before the engine struck the coach the fireman applied the brakes, and witness sounded the whistle for brakes. The engine on that occasion was running with the coal-bun-ker end first. The brakes were applied by the guard. The train went about 80 yards after brakes were applied. The engine was past the station building when it stopped. The ordinary warning'noticea were on both sides of the railway line at the crossing on that day. As" regarded the safe running of the train, witness was under the authority of the guard. Witness had been an engine driver on the railways for about 2i years. He had been 3tationed in Nelson four years. The grade on the line at the spot was very slight. It was usual for coach trafflo to give place to railway traffic. From the time witness first saw the coach he could have pulled up had. he known the ooacb was not going to stop. Witness went back to the scene of the accident, but did not assist, as there were plenty of people already there. The coach driver had the reins in his hande. Witness did not see him movp, as a little girl was on the seat with him.

By Me Maginnity : He first saw the coach about 100 yards from the spot at which he blew his whistle. There were marks at most crossings at which drivers commenced to sound the whistle. At Appleby the mark was a disused crossing, fully three hundred yards from the crossing. Witness could keep the coach in view the wholo time from the place, over the hedge. The hedge did not completely obscure the view of tho coach at any place. Witness expected that every moment the coach would pull up. He was standing to the left Jof the engine oab. There was nothing to prevent the coach driver from seeing the train, so far as he was aware. The train was travelling at about twelve miles an hour before the brake whistle was sounded, and at from 15 to 17 miles an hour'when witness blew the whistle for the crossing. Steam had been shut off about a quarter'of a mile from Hope, on the Nelson side, the weight of the train and the grade being suufficient to carry them to Richmond. Witness did not discover that the coach bad not stopped until he was almost upon it. He did net think any brake could have altogether averted the accident then. The Court adjourned atfone o'clock until 2,30 p.m. |The Court resumed at 2.^0 p.m., when Mr Maginnity's examination" of Driver Stevens was continued. Witness said, there was nothing to prevent the coach driver from seeing the train or parts of it. He knew of nothing in existence that day \ which would have prevented the coach from pulling up and stopping. fl By Mr Moore: There would be no Siaoke coming from the funnel of the engine when the steam was shut off, and the'engine was running Bilently. There was a slight northerly breeze. . i |By Mr Harley : So far as witness could, see, the coach was being driven in a proper manner, and at a reasonable and Droper pace. | By Mr Fell: The coachman, seemed to realise that the train was there when he was about six feet from the grossing. He then rose from his seat, leant forward, gave the horses, the reins, and called out "get up." From that, witness inferred that that was the first tinie][the coach driver had seen tne train. At that time the coach and horses would be about six feet from the metals. It was a usual practice for vehicles to drive close up to the crossings before stopping. It was done too frequently.

CORROBORATIVE EVIDENCE.

Thomas T?obb, an engine fireman, said he was on duty on train No. 3 on February Ist. He corroborated the evidence of the previous witness.

By- Mr Maginnity: He thought the coach driver could have stopped before be got. to the rails. The floor of the engine cab would be about three feet sis inches 'above the rail.

By Mr Harley: \9itness had had some experience in driving horses. lie doubted if the coachman could have prevented his horses getting on the line after he rose from hi 3 seat, but he could probably have saved the coach.

By Mr Fell : In tho country people drove too 'close to the line before stopping to let trains pass. By putting the brakes on 93 that they would rub, they , would gradually tighten, as the brake blocks and the wheels expanded with the beat. The train would then gradually slow down. Tha driver cave a fairly long whistle approaching the crossing. He was known as the "Jong whistling roan" wherevei he had been.

To foreman : Th& horses appeared to be steady up' to tbe time the driver shouted. The coach was on the right band side of the road. Witnes3 could not say if it would

have had room to swerve round to avoid tto engine. EVIDENCE OF EYEWITNESSES.

Lilian Margaret Fairhall, a nurse at the Nelson Hospital, said that on Saturday, February Ist, she was waiting on Appleby road for the Motueka coach at abuutl2.lo p.m. She was about 130 yards from the railway line. She saw the coach corning in the distance, and soon afterwards she heard the whistle of the train at Hope station. She heard ifc whistle again before it left Hope, and again, after it left Hope the whistle sounded twice. The train was about 200 yards^from the crossing when she heard the second whistle. All this time the coach was coming on towards the crossing. She noticedd nothing extraordinary about the coach driver. Witness saw the accident. Before the coach got to the dip in the road the horses slackened down, and she thought the coach was going to wait, but instead of that the horses started off again^at their own pace. She did not think the horses heard the train, an they went right od to the line in front of it. When the coach was some little distance from the dip in the road she saw the driver use his whip. There was a strong wind from the sea, blowing away from the coach. Witness did not notice smoke coming from the engine funnel. She did not notice the coach driver do anything immediately before the collision. She did not "see him try to pull the horses to stop them, nor did she see him rise np in bis seat. She was positive of that. Witness had had no conversation with Miss Fittall since I the latter went to the Hospital about the accident. Witness was in another ward. The engine appeared^to strike the coach just behind where the dviver was sitting. The horses got clear. When the collision occurred witness went back and found the occupants of the coach lying on the ground, two on each side of the line. Miss Fittall was lying on the roadside clear of the line. Deceased was on i.be outward side of the line, and Miss Walters was on the cattle-stop. The was coming from the train when witness first got to tbe scene. Witness assisted in the care and removnl of the injuied. When the coach driver was \ put into tbe train he said, "IS is funny I didn't hear the train. " To Mr Maginnity: The coach driver was quite sensible when he made that remark. As far as witness saw, the driver never stood up before he was thrown from the coach. A passenger, whom she concluded was Miss Fittall, was sitting on the box with the driver. She did not see Miss Fittall thrown, beoause the" horsesjswerved towards the station, being then on tbe line. It was all so sudden that one could hardly realise what did Happen, or how it happened. By Mr Moore: The first whistle was very faint, but the others were a little more distinct. |

Eliza Fairhall, sister of the last witness, who witnessed the accident, gave somewhat similar ovi dence. She did not notice the driver of tne coach do anything immediately before the accident to urge nis horses forward. When the coach was about a hundred yards from'theline, near Mr Best's house, she saw the driver use his^whip to one horse. It might be possible for the driver to have stood up without her observing him. A PASSENGER BY TOE COACH. Sus^n Walters, sister of deceasad, said she'was also a passenger by the Motueka coach on February l3t. She joined it with her sister at Mr Kingsland's They were the only inside passengers, witness sitting the left-hand side of the coach going towards Richmond, and her sister on the opposite side. They could not see the driver, but they could see to each side. When nearmg the Appleby railway crossing

witness beard nothing of the traiD. Witness did not not know there were any other passengers in front. She saw the driver when she entered tho coach, but not afterwards. She had no recollections whatever of the accident. She was rendered unconscious, and her memory failed. The sides of the coach were quite open. David Greig, carpenter, residing near the Appleby railway crossing, said his house was from 40 to 50 yards from the scene of the accident. He was at home on February Ist, and was watching for the midday down train. He could see up the line twenty-six or twenty-oight yards beyond the place where the accident occurred. Witness was looking through a window at an angle. He heard the engine whistle at Hopo. Next thing he saw the coach about twenty yards from the crossing. It was coming on at a steady pace. He did not notice the driver to pull up. Ho saw a little girl sitting beside tho driver on the box. He saw her look across the driver up the railway line. She spoke to the driver. The driver sat still. Witness saw the accident hapden. He thought the coach was out of danger on the east side of the line, but he saw tho train strike it. The coach slipped down the linp. Ho lost sight of the driver immediately tha coach began to skid. He could not see the horsea then. Witness left ins house, and went towards the scene. He met Mr Hill, the guard, and saw the body of Mis Tilbury. The train was going faster than it usually did when it stopped at the station.

To Mr Maginnity: There was nothiog to his mind to prevent the coach driver pulling np in time to avert the accident

Leonard Hoult, farmer, residing at Wai-iti, said he was a passenger by the down train to Nelson on February Ist, and was standing on a carriage platform when nearing Appieby crossing He saw the coach approaching the crossing, about 25 or 30 yards off He expßcced the driver of the coach every minute to pull up, thinking he must have seen or heard the train. Witness watched him very closely. He was driving very slowly at the time. Witness noticed particularly that the drivar did not turn his head to right or left. When the coach got closer to the rails witness leaned out to see if there was room for it to get through. When ths> horses reached the rails he noticed the coach give a shoot forward, and immediately after the train struck it. Witness heard a crash when tne collision occurred. The engine went on to the Nelson aide of the Appleby station; the whole train had passed the station.

To Mr Maginnity : Witness had an unimpeded view of the coach, aud he should have thought the same uninterrupted view of the train would have been available from the coaoh. When he noticed the coach shoot forward, he thought the driver had realised his position, and was pushing to get clear. To Mr Harley : He did not see the driver rise in his seat. The horsea were just on the " rails when he caught sight of them.

To Mr Fell: When the coach jumped ahead it jumped so far that he could not see the driver.

At this stage the inquest was adjourned until 3 o'clock this afternoon.