RUNAWAY TRAM

Dominion, Volume 13, Issue 95, 16 January 1920, Page 8

RUNAWAY TRAM

INQUEST ON THE VICTIMS

MASS OF CONFLICTING

IiYJLENOE

NEW PHASE INTRODUCED

Further evidence was taken yesterday before Mr. P L. Ilollings, S.M., into the circumstances of the I'irie Street tramway fatality, which resulted in the death of Joseph Small, nio.ornian, on car 105, James Evans, clerk in Base liccords Office, and James Alfred M'Ewen, carpenter. Inspector M'llvoney represented the police, while 11 r. J. O'Shea appeared for the Wellington City Council, Mr. M. livers for the widows of James Alfred M'Ewen and James Evans, and Mr. T. Neave for the widow of the deceased motorman'. Mr. J. Hutchison watched tho proceedings on behalf of the Tramways Union.

At the outset, Inspector M'llveney mnde application to the Coroner for permission to procure the attendance of Miss Gertrude Osborne, of Christcliurcli, as a witness. The inspector said that Hiss Osborne was the lady alleged to have been at the Austin Street stoppingplace endeavouring to slop car 105 as it nassed her, and he thought it was necessary' that her evidence should be taken.

The Coroner acceded to tho request, and the inspector intimated that the witness would probably leavo Christchurch that evening.

The Coroner: Will the inquiry finish to-dav?

The inspector: "Not by any means, sir." He added that there were a number of witnesses still to be heard before the evidence of the experts was taken.

Tho witness Frederick Ernest Quayle, tho conductor of car 105, then went into the box. and was. cross-examined at some lemrth bv Sir. O'Sliea Counsel read the statement which witness had made to an inspector of the Tramway Department on the dav after the accident. Counsel commented that the only thing which witness Ifiid added to that report in the course of his evidence was that before he trave the final lull he gave one bell. It, was clear from his report that thb car had stopped at tho city end of the tunnel. At His Post Till the Last. In rcplv to the Coroner, Mr. O'Sliea pointed out that in the case of a runaway car, to apply the air-brake suddenly would probably cause more damage than the runaway- The only safe wav to put on the brake was to apply it notch bv notch.

To Mr. O'Sliea, witness said he was taught to use the hand-brake during his training. If ho were still suffering from anv disablement on account of his military service he would be in receipt of a tiension. As a matter of fact, ho had made a complete recovery, and his pension had stopped six months ago. When the car turned over he was still working the hand-brake. It was an hour and a quarter after the accident that he discovered lie was somewhat seriously iniured. The published report that he jumped off the car at the time of the crash was ■absolutely incorrect.

To Insnector M'llveney: Tho report ho made to the tramway authorities on the dav after tho accident was absolutely correct.

Inspector M'llveney: Do you think that your report, then, and your evidence vesterday aro in conflict ?—"They are practically the same." Mr. O'Shoa: The witness is not an exnert in English

Inspector M'llveney then read tho'conductor's report.

The witness reiterated that Hie statements ho had made the previous day at the inouirv were correct.

Witness, in reply to the .inspector's reauest for a definite statement as to where the hat fell off, replied that it fell off "iust after Austin Street."

The Coroner: Weil, we have that definite statement. v v .Inspector-M'llveney: Why did you not see that this car slopped at. Austin Street?—" Because there were no passengers wishing to alight or join the car. and it had practically stopped." I put it to you that it was your duty ,to stop at a compulsory stop, irrespective of whether Any passengers wished to get on or alight.—Witness replied in the Mfrative.

You suggest that you had a discretionary power?—"l suggest that it was quite all rieht."

What is the object of these compulsory stoos ?

Serious Possibilities Foreshadowed. Mr. O'Shea objected that there seemed to.be a tendency on tho part of the inouirv to indicate that conductors should bo super-men. Such questions were really .for the tramway management, and not for conductors to answer.

The inspector remarked that the Court might have to consider section 171 of the Crimes Act as to whether the man was to blame or the officials of the Tramways Denartment.

■ This brought Mr. O'Shea to his feet with the remark that he would draw the attention of tho Coroner to the ruling of Jervis on coroners.' Tho inquiry had assumed a new.. phase when there was anv suggestion of crime. The question had to be taken into account whether the man would be prejudicing himself in the present inquiry if the case should develop on the lines indicated by the inspector. If the witness were asked anv au.estion tho answering of which tniffht incriminate himself he need not answer.

, The Coroner; The witness need not answer anv questions that are likely to incriminate himself -

Mr. O'Shea said (hat the conductor was reallv deserving of the highest consideration, and he (counsel) was astonished at the suggestions of the inspector. On behalf of the conductor ho objected to anything of the kind being gone into. To counsel's mind it was a most improper procedure.

The Coroner: I have'already ruled that •the witness need not answer any question which is likely to incriminate himself.

The insnector pointed out that if this were a (riitunal prosecution the responsibility of making an answer would rest with the witness himself. It was not a matter for counsel.

Mr. O'Shea rejoined that if this were a criminal prosecution the witness would not be in the box except at his own wish.

The Coroner interjected that up to the nresont there had been nothing likely to incriminate (he witness. He did not think anvone would make an accusation against, the witness..

Tho insnector: Tlie man' is unfortunately suffering from a defective memory.

Jlr. O'Shea pointed out that the witness had suffered greatly from shock, and was suffering still.. He was apparently not capable of accurately judging distances.

Tlio inspector then asked what was tlio obiect of having the compulsory stops. Witness replied that he refused to answer.

Mr. O'Shea then said that he would oxnlain the object, whereupon Inspector M'llvoncv objected to his intervention

The Coroner: Was it necessary for you to have boon writing up your records comiiiL' down the hill?— Witness replied that ho was writing and looking out at the samn time. '

The inspector: Were you engaged writing when vou came to the Austin Street ston?—"No."

Mr. O'Shea: You had to enter those numbors before yon reached Courtenay Place?—" Yes."

You could not enter them up in the tunnel?—" No."

Did it prevent you in any way from watching the spend of the car?—" No."

Shortly afterwards the cross-examina-tion of witness concluded, and he left the box after having occupied it for a ilav and a half.

A Young Woman's Story. Miss Constance hitching, residing at .10 Overton Terrace, Hataitai, a clerk in the oinulov of the Bible and Tract Society, denoscd that she had joined car KB at Hataitai. She had with her a liltlo t'irl aired livo years. Witness, on joining the car, went into the front coinnarlment. Coming through the tunnel the ear travelled nt a medium speed, and as far as she remembered it did not stop nt the compulsory stop on tho city side of tho tunnel. As tho car commenced

to take the incline it wa's not going very fast. The first thing that witness no'tieed was the act of Mrs. Evans in getting un and remarking that the motorman had fallen. Mrs. Evans then went thruiii-'li to the middle of the car, and said the driver had fallen. Witness did not remember seeing Mrs Evans again. She thought that the car would lie halfwav between the tunnel and Brougham Street when Mrs. Evans called out. Witness did not see or hear any efforts' on the nart of Mrs. Evans to attract the attention of the conductor. Witness herself went to the back of. the car with her little girl companion (her niece). Witness did not notice anything of the speed of the car at the time Mrs. Evans said the motorman was llown. She did not notice, tho conductor on her way to the back of the car. On the alarm being triven cvervone stood up at first, and some attempted to jump off. Then the car started to go at n very quick rate, anil after that witness did not remember anvthine until she found herself out on the ground at the snot where the crash took nlace. To Mr. Neave: It was just before Austin Street that Mrs. Evans first called out. As to the question of the car slopnil)!.' at the compulsory slop outside tho tunnel, witness would not like to give an opinion one way or the other, as she did lint remember. Between Austin Street and Brougham Street was the distance over which the ear travelled at increased sneed. It seemed just a moment from the time the car gathered treat sneed till, the time of the crash. At this stage the luncheon adjournment was taken.

A Feminine Toilette,

On the Court resuming, witness said, in answer to Mr. Neave, that on coming nut. of the tunnel the cur was travelling so slowlv that a lady passenger in the car could adjust her hat by the mirror attached to a telegraph pole on the Kilbimie side of the.compulsory atop. Witness recalled having seen the conduc or turnimr the brake wheel at the rear between Austin Street and Ellice Avenue. Inspector M'llveney: At the time yon went from the front compartment to go to the rear compartment had you noticed anv increase in the speed of tho car. or anv other indication that something was -wrong, beyond the remark made bv Mrs. Evans ?-"No." John William -flange, lire bngadesman in tho cmnloT of the City Council, another nnssonecr on the ill-fated car, also cave evidence. Witness, who was at once time a conductor in the employ of the Citv Tramways Department, said that while he was.in.the service Kilbirnio and Lvall Bay was his permanent run. Witness continued tiiat the car emerged from tho tunnel mouth very slowlv. with a slight jolt just as it was coming-out, and, proceeded very,steadily on past the stop. Whether the conductor cave the bell to proceed or not he had no idea. From there it went at its usual sneed towards the Austin Street stop, and there was nothing to indicate that it was going to stop at Austin Street. From there it seemed to gain in speed. Just after passing Austin Street he noticed people standing up, and. just previous lo getting to the dip he noticed the conductor was applying the hand-brake. This was just slightly past Ellice Avenue. About the same time he heard n woman call out, but he could not recall her remark. The car was then travelling beyond the ordinary spend. The car did not stop at Austin Street, He could not say whether people were waiting to get on the car at Austin Street. The car commenced to gather speed suddenly.

The insnrctor: Did the car slow down at the Austin Street stop?—"No"

Did the application of the brakes by tlw conductor have nny apparent effect? —"Not that I noticed." '

How did the conductor apply the brake?—"By turning it with both hands." Did you observe any eft'ort on the part of Hie conductor to dislodge the trolleyhead?—"No."

To Mr. Hutchison: The first indication that something was wrong was vhen the car passed Austin Street without stopping. A Question of Time. Being a qualified conductor yourself, do you think from the time you noticed the. commotion to the time thecrash occurred, you would have had timo to go to the front and applytile brakes.?—"lies, had I known how to operate all the brakes." Witness continued that so far as ho could see, the conductor could not have got through on account of the commotion among the passengers. As far as ho could recollect tile ear went' past tho Town Belt compulsory stopping-placo without stopping. To Sir. Neavo: Hio was prepared to maintain this last opinion despito contrary opinions of other .witnesses. What is the object of Hint compulsory stop?—' Ton, are going beyond me." Do you know the reason of any compulsory stop?—" No." The Coroner: Do you know why the tramway system has compulsory stops? —"No.'it was never explained to inc."

Mr. Neavc: Is it within vnur knowledge that, as a matter of tact, motorinen put on their brakes'at that stop because they are so instructed?—" Yes." Will you give your opinion that Motorman Small d'd apply his brakes at that «top?—"I am a ware that brakes were applied on coming out of the tunnel." The motorman must have applied his brakes in order to bring the car down to the ordinary speed at which it was travelling?—" Yes." If those brakes had continued to act without interference by anyone the ear would have maintained the same speed to the bottom —"Hardly."

Why not.?—" Because by the time it had reached Austin Street it had begun to increase its speed." The car could have travelled the rest of the distance from the place where the speed increased if the brakes had kept on?—"I don't think so."

Counsel's Theory. Mr. Weave explained at this juncture that his suggestion was that although Motorman Small had 'become incapacitated, and had fallen, the fact that he had put on tho brakes at tho top of the hill would havo carried the car around the foot of the hill "(where tho disaster occurred\in safety, unless the brakes were accidentally released.

TliQ Coroner: Or were defective? Mr. Neave: Yes; or defective.

Tho Coroner commentedl that, so far, there was no evidenco to show that the late Motorman Small had neglected to apply the brakes. Witness continued that he left the tramway service about three years ago, after beins attached to it for about two months. Neither ho nor the other conductors were ever trained in tho nso of the magnetic and air-brakes. Dill you notice tho late Mr. Evans get up in the car and go forward?—" No." You had no idea at all that anything had happened to the motorman?—"l had no idea." ....

To Mr. O'Shea: Ho was. instructed by a conductor for about a week before being put in charge of a" car. He was also examined bv an inspector. He was not asked anything at all about the manipulation of any of\ the brakes. He found out how to apply the hand-brako by watching thn motormen. Then Conductor Quayle, if what ho savs is true, must Iwvo received more training than yon did?—" Yes." Did vou hoar any bells rung on the road (town before the car got out of hand?—" No." You did not see the conductor or any lady ring the bell at cither end?—" No." hispector M'llvoney asked witness if ho would liavo had time to go to the front of the car and apply the brakes, assumin« he had had training in their manipulation, and the reply was: "I would have myself from where I was sitting."

Conductor's Lack of Opportunity.

Did you experience any sensation on the way down Austin Street?—" No. None other than tlio jolt in coming out of the tunnel." Witness added, in reply to a further question, that when loarnlii" to 'be a conductor, ho had been told about dislodging the trolley-pole in case of emergency. In reply to Mr. OShen, witness mid that Conductor Quayle would not have had the same opportunity as Ho did to get to the front from the time that he (witness) observed the danger. ' Alexander M.'Stay, u member of the Central Fire Brigade, another passenger, said ho had not tho slightest recollection whether tho car stopped or not at the Town Bolt compulsory slop oubido the tunnel. Ho did not notice anything irregular in tho car till just beforo it reached tho dip. When it touched! the dip it rocked a little. As it went itn tho riso from tho dip some young girlo

got up from tlioir scats and commenced to scren in. The cur did not slow down or pull up at any point after leaving the tunnel. To Mr. O'Sliea: Ho did not see anybody beckon the conductor. Duncan M'Gillivr.iy, Superintendent of the Wellington Tramways, deposed that lie. hud known Ilia deceased Motorman Small for about 12 years, his record being an excellent one. Witness went on to state that there was no unreasonable delay in procuring the jacks, which were on the spot within seven or eight minutes after the accident. Everything possible was done to remove, the bodies of the deceased and attend to the injured. From an 'examination made before the bodes were removed, witness found the controller with the power handle mining, the magnetic brake on one notch and the handle of the air-brake on the "release" position. The hand-brakes he did not examine. Ho placed little 01 no importance to tho position of the handles or the brakes at this time, owing to tho impact of the ear at the tinio of its over-turning. Wilnes was still in the box when ihe Court adjourned till 2 o'clock tliis afternoon, -