TRIAL OF ENGINE CREW

Chronicle (Levin), 18 February 1947, Page 7

TRIAL OF ENGINE CREW

Press Assn.-

.> SEQUEL TO COLLISION WITH ANOTHER TRAIN

By Telegraph

-Copyright

. A U CIvjuAxn l), Feb. 17. The trial was couimeneed before Mr. Justiee Findlay and jury, of the engine driver and iireman of one of the two passenger trains involved in a collision at Papatoetoe railvvay station on Aug ust 24, 1946, when aoout 2ll passenger.-. were injured to \arying degrees. Aecused were Oeorge Eobert Pretoria Oicksou, aged 4(5, and Desmond Samuel illsley, agcd 22, engine-driver and iireman respeetively of a suburban pas senger train bound from Auckland to Papakura, wliicli rau uito a stationar} train standing at Papatoetoe platform. i'hey were jointiy charged with causing actuai bodily harm to Williani Henry fraiiagher under suoh eircunistanees that if he had died they would have ueen guilty of lnansiaugliter. Eacli was separateiy charged vvitn culpabie neg lect of duty by unlawfuily and wiii'iiily failing to observe a railvvay signai, tlie ro by endangering tlie lives oi Dono van John Whale and other pas sengers on the train. Mr. G-. S. R. Meredith, assisted by Mr. G. Speight, is conductiug the case for the Crown. Eicksoii is represented liy Mr. K. C. Aekins and Mr. F. Mc Cartliy, instructed by ilr. T. Henry, is appearing for Illsley. The Crown aileged that the eriminal responsibiiity of the two nion arose out of tlieir neglect to ob'serve No. 28 " down-honie " signai guarding the ap proach to Papatoetoe station, said Mr. Meredith. Witnesses would say that Ihe signai was showing red, requiritig the train to stop. Accused 's train con tinued 011 and coilided with the stationary train. Explaining Ihe signalling systeni at Papatoetoe, Mr. Mereditii said two signals. were involved in Ihe case — the inte'nnediate signai Ko. 100. 1 and down-home signai Xo. 28. Tlie purpose of Xo. 1003 was to give the crev; of a train approacliiug Papatoetoe a warning of what tliey couid expect ti see 011 the secoiul signai. It was alleged that, when train Xo. 141, in tlie charg : of tlie two accused, reached this signa. it was showing a yellow liglit at the top and red at the bottoni, indieating tjia. Ihe line was clear up to signai Xo. 2.. Wfhich could be expected to lie shovvim; red, although the latter signai showed two red liglit s uieaning danger. The evidence would be that- the train rau straight past it 011 August 24. The regular suiiurluui Auckland-Papatoeto:-passenger train was turned round at Papatoetoe station in readiness to returii to Auckland about 110011, tlie prosc futor continued. Hecause a special express train was due to pass through 011 its way from Wellington to Auckland, it had to be left standing outside the station on tlie (lown main line instead if as usual 011 t'ie np main route. The probabilities in tlie case were that th" two accused assumed that tlie other train was on the, other route as usual and "just bowled in without looking at the signals." Williaiw -.Henrv Gallagher, aged 6(1, said he was about to board the station ary train when the collision occurred. He fell down 011 tlie line belween two carriages and sufl'ered injuries to his s]iine. ribs and an oye. After spending tliree week? in hospital, he was an outpatient for tliree' months. Other passengers 011 the two trainalso gave evidence of injuries they suf fered. Frederick Williani Wilsou, driver oi' tlie stationary train, said he noticed tlie other train approaching aliout two cat lengths awa.v and lic and his liremau iuinped from the eab before the coi lision. When he exainined the eab oi the other engine, he saw the wosting' housc, brake in the ehicrgency position indieating that Diekson had made an effort to stop the train. • On the applieation of Mr. Mereditii (he Oourl ad.journed to cnable tlie jury lo view tlie seeno of the aecident lieftrc leehniea! evidenee was called. The hearing will be refmmed tomorrow.