TERRIFIC SPEED ALLEGED IN OPAPA SMASH INQUIRY.

Star (Christchurch), Issue 17699, 20 November 1925, Page 10

TERRIFIC SPEED ALLEGED IN OPAPA SMASH INQUIRY.

WITNESS DECLARES TRAIN WAS DOING 70 M.P.H. Per Tress Association. X A PIER. November 19. Frederick Lavin. driver of the engine which jumped the rails* with such disastrous results in the Opapa cutting on the evening of September 22, appeared at the Magistrate’s Court this morning, before Mr R. W. Dyer, S.M.. on three separate charges of manslaughter. The victims of the smash were Edward Vivian Iggulden, Murdoch Campbell and Kathleen Begley, each of whom expired as a result of injuries sustained in the smash. Miss Begley succumbing on the same day shortly after the accident, Iggulden passing away on the next da}*, while Campbell lingered on until October 16. The following evidence was telegraphed after the “Star” went to press yesterday. SPEED OF THE TRAIN. Percy William Peters, manager of M'Gruer’s, Ltd.. Napier, stated that he was a passenger from Woodville on the ill-fated train. lie knew the Ifatauma district and noticel that the train was travelling at an unusually fast speed. Noticing this witness tested the speed between the mile posts with the second hand of a watch. The train passed the four pegs, that is one mile, in one minute twenty-five seconds. The train as a result of the speed was swaying. After leaving Waipawa witness noticed nothing until passing Pukehou station, when the speed became more excessive. It seemed to witness that no brakes were applied until the crash came. He should estimate that the train was travelling about 50 miles an hour ascending the hill, and he was sitting in anticipation of something happening. The speed of the train made the journey very uncomfortable, and caused some luggage to fall out of the rack. Witness had travelled down the hill on a number of occasions for fifteen years, and being the holder of an annual ticket averaged 2000 miles a month, lie never had experienced a journey like it. The speed of the train was far and away beyond twenty-five miles an hour. Maurice Begley, slaughterman. Hastings. brother of Kathleen Begley, gave evidence that on September 22 he, his mother, sister and brother were all passengers on the express, travelling on the first carriage. Witness had often travelled on the line in question, and i in his opinion the train was travelling \ faster than usual coming down the | cutting, causing the carriages to sway from time to time. Witness never once felt the brakes applied. If they had been he would certainly have felt them. Where the engine left the rails the line is curved, and at the curve before the carriage was so badly shaken that most of the passengers were thrown out of tlieir scats.. “LIKE SHIP rx ROUGH SEA.” Mrs Kathleen Begley, mother of the deceased. Kathleen Begley, corroborated the previous witness's evidence, adding that after the train left Waipawa it got up a terrific speed, which increased going down the hill. The train was swaying from side to side like a ship in a rough sea. Mr Dolan: You arc claiming compensation from the Government? ' Witness: Yes. Have you been told that you must give evidence here before the Government will pay you? No. William Henry Jones, manager of the Hawke’s Bay monunmental works. Napier, a passenger on the train, stated that a very fast pace was kept up from Waipukurau, which increased coming down hill. At one curve the train seemed to leave the rails, but before she could right herself was on the next curve where she left. Witness was of opinion that the brakes were applied between the first curve and the second curve, but owing to the 1 speed the time was very short. Witness had travelled in a motor-car for a number of years, the highest speed being forty-five miles per hour, and in his opinion the train was travelling even faster than that. John Wilton Nixon, jockey, of Gisborne, stated that he timed the train for a mile with a stop watch after leaving Waipukurau. the time taken being seventy seconds. Mrs I. C. Nixon, wife of the previous witness, corroborated her husband’s statement. Murdo Bain M'Donald. organiser for the New Zealand and South Seas Exhibition, said that on the occasion in question it was the fitst time he had been over the line, but he had been over it several times since and was acquainted with T.e Aute Hill. lie believed the speed of the train on the fatal day to be between forty and forty-five miles per hour, and attributed the accident to excessive speed. Witness had since come down the hill j and the speed seemed to be half. Wit- ! ness had been near the driver after the i smash and bis breath smelt of alcohol. 1 On the journey he saw several bottles | going around the passengers. | i THROWN OUT OF lITS SEAT, i Charles Fenton Manning. barman, ! Napier, said that he joined the express j at Wellington and experienced a firstI class trip up till coming down Te Aute I Ilill. The trip down the hill was very i rough, and in consequence of the fast j travelling witness was thrown out of I his seat. It did not appear to witness that the brakes were applied. Mr Dolan: Will you swear positively that the brakes were not applied coming down the hill? No. I cannot swear that positively. I think it would take an "expert to decide that. Arthur Ernest Renouf. Napier, stated that he rode in a carriage near the rear of the train. Witness was familiar with the line. lie did not notice anything peculiar about the journey till between Pukehou and the scene of theNaccidcnt. His first impression was that the train was travelling faster than usual, and when coming round the carriage gave a terrible lurch, which nearly threw them out of their seats. The carriage, however, righted' itself and almost immediately came to a sudden stop. Witness would not like to say anything about the brakes, because Westinghouse brakes could be applied without being felt. Witness noticed no acceleration of the speed going down the hill. William Marven stated that to the best of his knowledge no brakes were applied. The speed seemed to be accelerated on the descent of the hill to a speed of approximately forty miles an hour. Alfred Frank Hook. Havelock North a passenger from Waipukurau in the next car to the engine, said the train took pace almost from Waipawa, and approaching- Te Aute Ilill appeared to be getting worse. As far as he could tell no brakes were applied at all, the . same pace being l3e.pt up until the crash. In his opinion excessive speed

was the cause of the engine not negofii ating the curve. Nurse Huia Badger, of Napier Public Hospital, stated that she boarded the train at Woodville. and that Marshall was travelling in the same carriage, but she did not see him after leaving Dannevirke. THREE MEN IN ENGINE CAB. Charles Smith, foreman in the employ of the Dannevirke Power Board, submitted evidence to the effect that ! when the train passed Matamau. about ten yards from him, there were three persons in the engine cab. Mrs Maud Smith, wife of the licensee of the Settlers Arms Hotel, Ormondville, stated that, she saw the train at Ormondville and noticed a person alight from the engine. She did not think the person had a hat on and would not swear that the person was Marshall. Mr Dolan here objected to Marshall being called in for identification. Witness then saw the man go into ♦he h'vtel and heard the train whistle for departure. The man left the hotel, went over to the train and entered a first-class carriage. William Barnes, labourer, Ormondvillc. stated he remembered the mail train arriving at Ormondville on September 22. The engine stopped directly opposite the hotel and witness saw a man leave the engine and go across to the hotel. When returning he was carrying three, or four bottles and entered the first carriage. The man whom he saw that day he had seen since and had recognised him as Mar shall. & Mr Dolan: Where were, you standing when the train pulled up? Witness: About one hundred yards from the station. How long was the man on the engine? lie was on the engine when it stopped. Did anv others get off the train? Yes. How far were you from the engine? About thirty three yards. Had you ever seen Marshall before? No. How was he dressed?---He was wearing a blue suit with collar and tie and no hat. James Mackie Smith, licensee, of the Settlers' Arms Hotel, Ormondville. stated that, he was in the bar on September 22 when a person came and purchased three bqttles of beer, paj-ing 4s 6d for them, the correct price being 5s 3d. The man who made the purchase was about oft 9in in height, was wearing a dark suit and was haticss. A person named Harold Baines was in the bar at the time. Harold Onslow Baines, sheep-farmer, of Ormondville. stated that he whs in the bar of the Settlers' Arms, Ormondville, when the express train arrived. A man entered the bar and bought three bottles of beer, there being some shortage in . the cash. The man took the beer and went towards the train. Witness was quite positive that the man was Marshall. Mr Dolan: Have you sec Marshall since? —Yes, I saw him about ten this morning. The hearing was adjourned till 10 o'clock this morning.