The Inquest.

Star (Christchurch), Issue 5186, 17 December 1884, Page 3

The Inquest.

The inquiry touching the death of David Niven Keir and Margaret Morrall was held at the Eed Lion Hotel, Eangiora, at 10 o'clock this morning, before C. Whitefoord, Esq., Coroner, and the following jury : — Messrs A. Ivory, J. Fulton, H. Tutton, J. E. Parker, J. Kcrinode, T. Boyd, W. A. Burt, H. Boyd, G . Cone, J. Eoberts, J. Johnston, J. W. Crothers, and T. Stevens. Mr A. Ivory was chosen foreman of the jury. Mr Acton- Adams appeared to watch the proceedings on behalf of the Eailway Department, and Inspector Pender on behalf of the police. After the jury had viewed the bodies, the following evidence was taken. Charles Ivory Jennings, sworn, deposed : I am agent^for the Lyttelton Times Company at Eangiora. On the morning of Dec. 15 1 engaged John Hughey, of the firm of Hughey and Sutherland, carriers between Eangiora and Christchurch, to convey a picnic party, consisting of part of the Presbyterian Church choir and friends to the Waikuku seabeach. The time mentioned for the start was 8 o'clock on the following morning (Dec. 16) from Mr B. Mori-all's shop in High street. At about twenty-five minutes to nine o'clock on the morning of Dec. 16, Hughey drove up to Morrall's shop with the van, which was drawn by two horses. I sent him further up the street to Mr D. M'Kay's residence to pick up some of the party. We finally started from opposite Mr Morrall's shop with the fuM party, consisting of 12 persons, including the driver. This was between 20 minutes and a quarter to nine o'clock. The van was covered. We started at an ordinary trot. I was sitting on the left hand side of the van, about the centre. David Keir and Margaret Morrall, the deceased, were sitting at the extreme ends of the seats at the back of the vehicle, facing each other. The front seat was occupied by " the driver only. The distance from where we started to the Eailway crossing was about 200 yards. The horses were trotting at about seven miles an hour. I asked Hughey why he was late, and he turned to answer me ; but this was within the first hundred yards from the start. He appeared to ,be a little excited over being late. Nothing was said by those in the van about the train, nor was it heard. I have some faint recollection of Hughey striking the horses with the whip, and the crash came almost at once. Hughey made no attempt to turn back. I was thrown out, and remember seeing one of the wheels of the van pass close to my head. The next thing I observed v/as the wheels of the train passing close to my head. I was lying partly on the permanent way, and on getting up observed a mangled body at my feet. Margaret Morrall's sister said to me, "That is Maggie. Oh, go to her!" I went to her, and called for someone to fetch doctors. I then observed David Keir, the deceased, on the opposite side of the line and noticed that his foot was cut off, and his head terribly injured. I also noticed two others of the Keir family lying close to me, quite insensible, and Hughey on the north side of the cattle trap, also insensible. Before the doctors arrived the deceased Keir was carried to the Eed Lion Hotel, when he died within about twenty minutes or half-an-hour. Margaret Morrall was carried to Mr G. Luxton's residence, where she died within about two hours. I did not notice a little girl named Waters at the Eailway crossing. I was not looking out. Hughey was not intoxicated, he being, I believe, a total abstainer. He is a good driver, and well acquainted with the crossing. By Mr Acton Adams : Hughey gave his reason for being late that his partner had refused to drive another pleasure party on account of not being prepared, and the discussion delayed him. Hughey appeared to be annoyed with his partner. Hughey ceased talking to me before we had gone 100 yards from the starting point. He did not warn us of the approach of the train. Felt the horses bound forward when struck with the whip. The wind and rumble of the van would prevent mo from hearing the train. Eichard Vaughan deposed : I am a labourer, living on the .East Town belt, Eangiora. I was going home from the town on the morning of Dec. 10, and when about 15 yards over the railway crossing I observed a carrier's van coming towards the crossing. The van was then about 100 ynrdsdistant. Istoppedto see the train pass. The horses in the van were coming along at an ordinary trot. I noticed the van continued to approach, although the train was only a few chains distant. I did not health e engine whistle. When the horses were within about two yards of the line, Hughey, the driver of the van, struck them two or three smart cuts with the whip, evidently with the intention of getting over the line before the train came up. The train was too quick, and struck the van, cutting the horses away and hurling the vehicle forward. (The witness hero described the position of the sufferers after the occurence.) I noticed a little girl named Waters near the crossing on the footpath as the van and train approached. I cannot /6ay what caused the accident. The driver to all appearance did not see the train until too late. I think he could have seen it had he been on the look-out. By Mr Acton Adams : When I first saw the van, the train was between twenty and thirty chains away. I watched the van approach, but did not notice the driver speaking to anyone inside. I believe the driver had time to pull up, and that is what he should have done. By the Foreman : Hughey was in a position to see the girl keeping the crossing. By a juror : The girl did not have a flag in her hand. By another juror : Eight or ten yards from the crossing Hughey could have seen the train some distance down the line. By Thomas Keir, father of David Keir, the deceased : I could have called to Hughey to have stopped, but did not interfere, thinking that it was the crossingkeeper's duty. Did not notice tho girl make any signal to the driver of the van. I was very much confused at the time. I J. M'Kenzie Gordon deposed : I am a • duly qualified medical practitioner, practising at Eangiora. Shortly after the j accident I saw tho two deceased. David j Keir's foot was crushed beyond recovery, and he had a large scalp wound. He was : in a dying condition when I saw him. Margaret Morrall was quite sensible. Her left leg and thigh, and arm were much crushed, 1 she having evidently been run over by the train. Drs Downes aud Williams were also in attendance, and there being a slight chance of her recovery we performed two operations, but she died at their completion. I have seen the rest of those seriously hurt, and none of them are fit to appear to-day. William Crompton deposed : lam an apprentice to the blacksmithing business, working with Mr F. Hill at Eangiora. I

; know that the morning train arrives at \ about a quarter to nine. I was by I the shop at which I work, which is about a j chain from the crossing. I first saw the ; train approaching about 150 yards below the crossing, and hoard the whistle. The whistle could not be heard very wtll on account of the wind. It was sounded at the usual place. I 1 ist sight of the train in consequence of buildings intervening. I heard the whistle sounded again. It was the danger signal — two short whistles. • I did not see the van until the accident. I heard the crash, which came immediately after the whistle sounded. I was behind a building, which hid the crossing from my view. On running from behind the building I saw the engine throw the van on to the cattle trap. Ihe train stopped about a chain beyond the crossing. Hephzibeth Stapleforth deposed : I am unmarried, and live with my father. I was one of the picnic party in the van. I was sitting on the right-hand side of the van. The van was not very heavily loaded. I did not notice the driver speaking to any of ! the party, nor did I notice the approach i of the train. I did not hear the whistle ! from the engine. By Mr Adams : I did not notice the j driver speaking to Mr Jennings. I was j occupied with a little girl at my side. j Grace Waters, aged nearly 15, daughter i of Joseph Waters, ganger on the railway, re- ; siding at the Eangiora High street crossing, j said : I live with my father and mother. My j mother has to mind the crossing by warning ! jieople. I assist in the mornings before I I go to school. Igo out on the road, and if ! anyone is coming I warn them. If traps ) are coming we hold up our hands as a ' warning signal. I went out when the !■ up train was coming in on Tuesday ' last. I went out when the train was ' approaching that morning, and saw Mr ! Hughey's van coming. I first saw Hughey , about at Smart's, and called out loud to ! liim to stop, and put up my twe^hands at j the same time. He was looking at me, and j then he turned round with his face to the van. The train whistled when it came up the incline. Hughey looked into the van, and then he looked down the line towards : the approaching train. He was close to the ■ line when I gave the signal. The horses were ( not going at a very fast pace. When he I noticed the train, he whipped the horses : and tried to cross before it caught him. I ; think that he could have pulled the horses ; back between the time I gave the signal. , I could not say whether the train whistled a second time or not. The train was at ' full speed, and could not stop immediately. ; The guard's van would bo about a chain ' past the crossing when the train stopped, j I know Mr Hughey by sight, by seeing ' him passing the place. My mother was at ', the corner of the house. j By Mr Acton Adams : Our family has lived in the house about two and a-half i years. My mother and me attend to the j crossing. My mother instructs me to ' attend the crossing. I have to attend the crossing three times a day. My father sees to the train at night. ' There is a good deal of traffic over , the crossing. I came out in good time ; to attend to the crossing. I have Frequently j to warn people to stop. I knew Hughey and Sutherland's van. I have heard my ; mother warn Hughey Sutherland's • vans to stop. I called out to Mr Hughey to stop previous to the collision. He was ; far enough away to stop the horses when I j called out the first time. He whipped the j horses up when I called out the second time. Hughey looked round at the train I from the cover of the van. I fancy there ; was a curtain on the front of the van. ) By the Coroner : I held up my hands to '■ warn Hughey after the first whistle I sounded. I know Mr Vaughan. He was j outside of our house talking to mother in I the garden. i By a Juror : I was standing in the middle l of the road when I gave the signal to ; Hughey to go back. I- always watch for j the train whon it comes across Thornes' 1 crossing. I have been in the habit of .! stopping people by holding up my hands. ; I can't say I have ever done so before for j Hughey. | [Left sitting.] j