TRAIN SMASH HAS SEQUEL IN COURT

Chronicle (Levin), 18 October 1946, Page 7

TRAIN SMASH HAS SEQUEL IN COURT

— Press Asaociation

DRIVER AND FIREMAN CHARGED

Bv Telearavh

AUCKLAND, Oet. 17. - As a sequel to the train smash at Papatoetoe on August 24 an engine driver and fireman appeared in the Poliee Court today eharged with negiect of duty and causing actual bodily harm to a passenger. The aeeused were George Robert Pretoria Dickson, the engine driver, aged 46, single, and Desmond Samuei .Illsley, the fireman, aged 22, single. It was alleged that both accused, by unlawfully and wilf ully ' omitting and fiegleeting to observe that a "down home signal" was showing red indicatihg danger when approaching Papatoetoe railway station, endangered the safety of Donovan John Whale and others wlio were being conveyed in the train travellin'g from Auckland to Papakura. It also alleged that . they eaused actual bodily harm to William Ilenry Gallagher in circumstanees that, if the death of that person had been caused, the accused would have been guilty of manslaughter. Twenty-five witnesses will be called. , The hearing is expected to last two days. A description of the collision was given by a shift cierk, John Diggle, wlio was in charge of the Papatoetoe railway station at the time. He said that' normally the train arrived from Auckland at 11.27 and usuaily on Saturdays it was crossed over, brought to the other line and the engine reversed aud uiade ready to leave for Auckland agaiu at noon. Witness said that on August 24, as the special express from Wellington was expected, the suburban train was put on the down main line to allow the express a clear run. At 11.47 a.m. he received a departure signal for \rain 141 from Otahuhu and it sliould have arrived at 11.58 a.m. He intended to hold Train 141 outside No. 28 down home signal until the departure of the express. "I noticed the spot lights betweeu two sets of poiuts had gone oat and knew by that tliat Train 141 had run past number 28 down home signal, ' ' eaid wiluess. "Realising that a collision was imminent, I ruslied to the platform anl saw number 141 arriving ai the usual sjieed of a suburban tiain. A collision occurred at tlie northern end of tlxj pjatform. " .Thomas Wiliiam Mortimer said he was guard on Train 141 which left Auckland at 11.25 a.m. He said he saw the two accused befOre the train let't Auckland and then took up liis jiositioi) iu the iirst car beliind the engine, parl of which was used as a guard 's vau. He did not speak to . accused- but he could see they wero sobpr. When the train left Otahuhu it was two minutes Hate. He did not notice .wliat signals were showing after leav'ing Mangere crossing. He felt a slight application of the brakes as the train rau over tlie points at Papatoetoe at the normal epeed and he went to open the door to step on to the platforni. ' Tliexi he was thrown to the floor and knocked uncon6eious. As the result of the iirjuries lie feceiveil 1ie"wa's still;;o^ duty. • '• , Otjher jmssengers oh tlie train gaVe evideliCe of being thrown to the floor or knocked from seats aud.receiving injuries .which neeessitated medieal,trea.tmefiG!; . 3 ; . j'f. . , Wiliiam Hfehry Gallagher, carphate-r, employbd by. tihe' RaiiwHys ! Departmeiit, said he;wps: bofttding a s'tationary train at the platform,. "I.wap.getting on .to the platform of the last carrihge when' I eaw a train coming into the platform on tlie same.line," he said. "I was not ab!c L. do anything but I was thrown back on to the platform." Witness said he rcJJed on to the line beside the car riage anl as he thought the train migln move he strugggled out. Later he re celved treatment for spinal injuries, bruises and cuts. He was in hospital until September 12 and was still an out patient. A cierk, Ada Mary Hartley, said she was thrown from lier seat to the flooi and when she tried to get up she. could uot. She received a fractured nose, cut to herSface which had to be stitclied, and shock. A typiste, Dorothy Foster, a passenger in the second carriage from tlie engine, said she found herself on the floor with her legs pinned by a portion of the seat on which she had .been 3itting. Her injuries included two broken ribs and shock. Evidence of treating passengers at Auckland and Green Lane liospitals was ?iven by a number of medical practitioners after the taking of Miss Foster ;s evidence. Tlie hearing was adjourned until tonorrow. j