THE RAILWAY TUNNEL FATAL ACCIDENT. — FOREMAN OF WORKS CHARGED WITH MANSLAUGHTER.

Daily Telegraph (Napier), Issue 3837, 2 November 1883, Page 3

THE RAILWAY TUNNEL FATAL ACCIDENT. — FOREMAN OF WORKS CHARGED WITH MANSLAUGHTER.

Wellington, This day. At the inquest on the bodies of John Enwright and Thomas O'Malley, who were killed by a fall of earth on tho railway line on Wednesday, the jury, after a short deliberation, returned the following verdict: — "That John Enwright and Thomas O'Malley -were killed through the negligence of Edward O'Malley, foreman in charge of the works." Edward O'Malley, contractor, stated that he was noting as manager for Mr Saunders at the works where the accident occurred. That spot had been under his supervision. The nature of the work was a deep cutting, and a drive was being put in to get the "cutting" out. At this spot the ground was firm, and ho thought it was perfectly safe. Ho had, however, been expecting the land to fall for some days, and inspected the spot even* morning, but seeing that it did not. come he thought it was all right. The Coroner: What made you expect it to fall when you s--ay the ground was firm and dry ? Witness: I had seen cracks in the ground. The Coroner: Had you taken any precautions against an accident ? Witness: I had ordered timber supports to be put in, and when the accident took place there was only one load more of stuff to take away, and if the slip had not taken place, the timber would then have been put up. That was the last load. I thought it was secure enough to continue work for another hour, and then the work there would have been finished. I knew there was danger, and I feci it was my fault. I ought to have insisted upon having the face of the cutting- battened down. Scrgt. Anderson: Mr O'Malloy's evidence is a little contradictory, isn't it? Tho Coroner: Yes ; but at the end ho has made such a clean declaration that I don't think it is necessary to take any further evidence. He holds himself responsible for tho accident that has happened. I feel very much pain at taking his evidence, but of course we are obliged to take it. We have all known Mr" O'Malley as a man who has been at work many years in this neighborhood, and one who I believe, works to the best of his ability. But I have no doubt that in this case he has shown a want of judgment. Immediately after the termination of tho inquest Mr O'Malley was taken into custody by tho police on the Coroner's warrant for manslaughter. The prisoner was, however, released on bail—himself in £200, and two sureties in £100 each. Mr J. Saunders and Mr J. Shanahan entered into the necessary bonds on his behalf.