THE RAILWAY DISASTER.

Waikato Times, Volume 99, Issue 16654, 20 November 1925, Page 4

THE RAILWAY DISASTER.

- -4 CHARGE OF MANSLAUGHTER. DRIVER BEFORE COURT. (By Telegraph.—Press Association.) NAPIER, Thursday. The case in which Frederick Bavin, driver of the express train which left the rails at Opapa on September 22, was charged with manslaughter, waa continued.

The Crown contended that the speed of the train was excessive, and that liquor was taken aboard. P. W. Peters, in evidence estimated that the speed of the train down hill was far in excess of 25 miles an hour. Other Witnesses who were on the train stated that the speed was greater than usual, one saying it was terrific. Another said the train behaved like a ship in a rough sea. Two other witnesses said the speed increased after the train left Woodville for Napier.

Nixon,-a jockey, said he timed the train’s speed by a stop-watch. A mile was covered in 70 seconds.

Excessive Speed.

Mr B. McDonald, organiser for the New Zealand and South Seas Exhibition, said he was travelling over the line for the first time. He believed the speed of the train on the fatal day to be between 40 and 45 miles an hour, and he attributed the accident to excessive speed. He iiad been near the driver after the smash and his breath smelt of alcohol. On the journey he saw several bottles going round among passengers. Charles Fenton Manning, barman, of Napier, said the trip down the hill was very rougii, and in consequence of the fast travelling witness was thrown out of his seat. It did not appear to witness that the brakes were applied. Arthur Ernest Renouf, of Napier, stated that his first impression was that tlie train was travelling faster than usual, and when coming round a bend 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. He noticed no acceleration of speed going down the lull. 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. The speed of the train was approximately 40 miles an hour. Alfred Frank Hook, Havelock North, a passenger in the next car to the engine, said in his opinion excessive speed was the cause of the engine not negotiating the curve. Nurse Huia Badger, of the 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. Charles Smith, foreman in the employ of the Dannevirke Power Board, submitted evidence to the effect that when the train passed Matamau about 10 yards from him there were three persons in the engine-cab. Mrs Maud Edith Smith, wife of. tha licensee of the Settlers’ Arms Hotel, Ormondville, stated that she saw the train at Ormondville, aud\ noticed a person alight from the engine. She did not think the person had a hat on, and would not swear that the P er ~ son was Marshall.

Mr. Dolan here objected to Marshall being called in for identification. Witness, continuing, said she sawi the man go into the hotel and heard the train whistle for its departure. The man left the hotel, went over to th 9 train and entered the first carriage. William Barnes, labourer, Orrnondville, stated that he remembered the mail train arriving at Ormondviile on September 22. The engine stopped directly opposite the hotel and witness saw a man leave the engine and go across to the hotel. The man returned carrying three or four bottles and entered the first carriage. The man whom he saw that day he had seen since, and recognised him as Marshall.

James Mackie Smith, licensee of the Settlers’ Arms Hotel, Ormondviile, stated that he was in the bar on September 22 when a person came in and purchased three bottles of beer, paying 4s 6d for them, the correct price being 5s 3d. The man who made the purchase was about sft. 9in. in height. He was wearing a dark suit and was hatless. A person named Harold Baines was in the bar at the time. .

Harold Onslow Baines, sheep farmer, cf Ormondviile, asserted that he was in the bar of the Settlers’ Arms, Ormondviile, when the express train arrived. A man entered the bar ami bought three bottles of beer, there being some shortage in cash. The man .took the beer and went toward {lie train. Witness was quit# positive that the man was Marshall. Mr. Dolan: Have you seen Marshall since? —Yes, I saw him about 10 this

morning. The hearing was adjourned

TO-DAY’S PROCEEDINGS.

NAPIER, Friday. David Wilson, postal clerk, said that when the whistle blew the man who went to the hotel and returned left the front carriage, and got on the engine. He could not recognise the man again. The train waited’ seven minutes at Ormondviile; the usual time whs about three minutes.

Charles France, a jockey, said he saw Marshall leave the train at Ormondvillc, where he entered the hotel, returning with bulges apparent under his coat. Marshall got on the platform of the front carriage, but did not enter the carriage. Marshall’s return was after the guard had twice blown his whistle, after which 'the train started. He estimated the speed down bill at 45 to 50 miles an hour.

It was so rapid that water from the engine was splashed on Hie front of the carriage. Wilfred Alexander, railway engine driver, said when the express passed him at Jlatuma three men were in the cab, Marshall being one of them. A school hoy said he saw a third man in the cab at Ilatuma. He stood in the entrance, and waved a hand to (lie other engine as the train passed. John Gardiner, borough inspector at Waipukurau, said the train approached Waipukurau more slowly than usual. This attracted his attention. When the train cleared the crossing lie saw 7 a man walking towards the hotel nearby.

Matthew 1 Good, a railway porter, said the train approached slower tha» usual.