THE APPLEBY FATALITY

Colonist, Volume L, Issue 12167, 15 February 1908, Page 2

THE APPLEBY FATALI TY

• in. ni ■ tLui mmmi i INJURED PASSENGEK'S EVIPENCE. A FURTHER ADJOURNMENT. The enuiry into the circuvnstances surrounding the coach and train accident which occurred at the" Appleby railway crossing, on the Ist of February, was resumed yesterday afternoon before Mr H.- Eyre Kenny, S.^l., District Coroner, and the jury, of which Mr E. K Tr'aak wa3 foreman. Sergeant Dougah represented the police; Mr Richmond Fell appeared for trie Kaiiway Deim.rtmeat ; Mr Maginnity for tne relatives of Margaret Fittall, one of the persons injurid'in the accident; Mr Moore, for Messrs Newman Bro3. 5/ the proprietors of the coach, and Mr Harley for the coach driver, Chailes Brickland. The. Coroner , jury and counsel were driven to the Lfospitul, where further evidence was taken. Margaret Fittall said shn lived with her parents at Richmond. She would be nitie years old next April. On the day of the accideafe at Appleby she was travelling from Motueka in the coach. She was sitting by 4he driver. The train was about tne length of the ward away (about" 3o yards) when sbe n'rst saw it. She tol:! tbo Hri 1 ri! was coming. Sbe could not remember whether it was through or over the hedge she saw the train. The driver pulled the horses when she told him the train was coining. She did not remember if the horses stopped, nor did she remember the driver calling to the horses. Sbe remembered being picked up from the ground. She was sitting upright when she spoko to the driver. She did not see the driver wearing goggles or glasses. .He made no remark Avhen she told him the train was com ins:, and she could not say if he had heard her say so. She re' membered the passengers (deceased and Miss Walters) getting into the coach at Mr Kingsland's. Oo returning to the Courthousa, the U :ronor askod Sergeant Dougan if ho desired to call any other witnesses. ■ Sajgeanfc Dougan said that witb tba exception of the coach driver, B'rickland, all the witnesses he pro-p.-.aixl to call had been heard. He would like JBnckland's evidence takon if it should be possible Mr Eyre Kenny then p.sked for the opinions of counsel. Mr Maginnity said it was purely a mat cor for the jury whether it should find on the evidence already heard, or wait until sucb time a 9 the coacb drivnr could be examined. He would not venture to. offer a suggostiou. | Mr Moore said be would like the evidence of the driver to be hoard before the .jury returned -itg verdict. Mr Haiiey, counsel for liricklacd, 3-iJ he was in a difficult position. Tne accident w.as due either to the si:; tip a^ of . the concn driver or the rrrl way officials, and the evidence obviously removed blame from too latter. There was a chance of a charge being made against the coaoh driver, and he thought he should be heard. At present he was in such a condition that it had been deemed inadvisable to tell him that anyone baH - been injured, much less that anyone had been killed in the accident. It was plain enough that Mrs Tilbury lost her life in a coach ac-

identrbufc it would be for the jury to determine the cause of that accident. . Tfie Coroner saicj that in asking counsel for their views, he had not the smallest intention of taking the jnatter out of the hands of the jury. Counsel repiesented interests which would be more or less largely affected by the result of the i.nquest, ard it was .right .iliat these, interests jjhouid be recognised. The ultimate decision would, of course, rest with the jury alone. It was his duty to advise the jury, but ho did'not feel niinself in a position to do so without hearing counsel. It was possible that it would be the duty of the jury to bring in a verdict tantamount to one of manslaughter against some person. Of course"it was clear that Mrs Tilbury was killed in a collision between the coach and the train, but if it appeared to the jury that the accident occurred through the culpable negligence of the coach driver, it would be its duty to return a verdict of mauslatighter. It wtiuld, of course, be A hard, thing to do tlia wtithout hearing whatthe driver had to say, and he therefore suggested that, the inquest; Should be adjourned sine die,. th,e jury, to be called together again when the coach driver was n't to: give evidence. : ; The jury, after a few minutes' con-, sultation . decided not to. return, a verdict ..until' Brickland's evidence had been heard.. : ■ . , Mr Eyre Kenny' expressed hisjull Concurrence in this decision, and adjourned the inquest sine die, binding the jurors over ia the sum of jGIO eacn to appear upon forty-eight hours' notice.