RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3656, 10 November 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, November 10. (Before J. Bathgate, Esq., R.M.) Drunkenness Robert Tompkin, for being orunk on the 7th inst., was fined 5s with the option of twenty-four hours’ imprieonment; James Sullivan and John Greggs, charged with a similar offence on the previous day, were let off with a caution. His Worship said he could not help remarking that it was highly creditable to the community that on a holiday like the previous day there were only two cases of drunkenness, thus showing tile people had properly enjoyed thrmsalvcg. TEARING FROM THE PERSON. Ellen l ower and Jane Anne Henderson, abandoned women, were conjointly charged on the information of Julian U. I!i hardson, with stealing from his person on the night of the November, one silver watch, one silver chain, one dollar, and silver dime and key, of the value of i.3-1 Prosecutor, who resided at the Temperance Hot 1, s-id he knew the right-of-way between Walker and •(afford streets, and at about eleven o’clock last night had occasion to 'pass through it. The accused were standing at the door of a bouse in (he right-of-way, and Power asked him the time. He took out his watch so that he might look, whereupon Power snatched it with the chain and pendant from his hand, and handed it to Henderson When he asked for bis watch, Burke said she would give it to him if he would “shout.” He dec-iued to do so, and gave information to '.he police,—Kphrnim Maehin, license! victualler, said that the accused (Henderson)• brought him a watch (o mind last night. Detective t-hury afterwards asked him about the matter, and he handed the watch and appendages to him. The same had been identified by last witness as his pioperty. Detective fihury deposed to the arrest of the accused.—Both accuseds were committed f.r trial at the next sittings of the Supreme Court.

. Daughter, house License —An application by Bobei’C \\ aliacc for a removal of h.’s slaughter-house license was refused.

TUB ACCIDENT ON THE CLUTHA LINE. George Amos was charged, on the infer, raation of Sergt. Anderson, with having, on October 27, at Hillside, on the Dunedin and Clutha railway, been guilty of negligently placiug certain empty trucks on tbe railway hue, ami with neglecting to remove them in time to allow of the free passage of the 8.20 a m. train from Green Island, being ab, each of his duty, whereby the lives of persons travelling in the train were endangered, and the ft ee passage of the train obstructed. Mi Btout, in stating the case, remarked that the whole question would turn on whether Amos did anything that amounted in law to negligence. Cnly a nominal penalty was asked.

MrßartonasKed, if Amos were found guilty was he to be dismissed by the Government, as he was now under suspension ? iVir Stout : I don’t know myself what the Government intend to do.

Mr Barton said if Amos was to be dishe might as w.ll be fined 120 as 20s, as thus he would be deprived of the means < f Cuiiiing ,-iis broad, ilo bad been an engine driver and railway employe f r the last twenty years, and as such ho e Ue highest posable character. It was not proper that the inquiry should be held in the Courthouse. •

Mr Stout thought that a public inquiry slnuld be held. - J

Mr Barton : I don’t think so ; and shall show it ia a most in quitous thing for a public inquiry to be held here, aud I hope the Press will take notice of this.

Mr Stout admitted that Amos had always borne a very high chavaffer, ami these proceedings had only been taken by the Government with a smae of the : r public duty. William Conyers, railway manager, said that Mr Amos was foreman of the locomotive department, and was in the employment of the railway department on October 27 last. It was part of Amos’s duty to know the railway time table, and each employe was bound to have a copy of the railway regulations. Wi ness went to Hillside—the scene of the accident— after it occurred, and saw off the line five tracks, two of which wore broken. The train fro n off waiting for the line to be cleared. Amos was putting the trucks together.—By Mr Barton : In the small book produced the duty of each employe is defined. It is the book, used on railways throughout the world. Witness was an experienced engine-driver. His first care if lie was dfivmg an engine would be to protect the lives of his passengers.—Mr Barton : Don’t tell me that, 'ihen how on the face of God’s earth are you to take care of the engine?— Witness replied that ho should also lock after the engine, though it was laid down in the first page of the railway regulations that the first duty, of the engine-driver was to see that the lives of his passengers, were not imperilled. Passenger trains never went without guards, but ballast trains sometimes did. When there were no guards the brakesmen wou’d see that the trucks were coupled. Pei sms not appointed as guards often went in special trains to shunt, &c.

Mr Barton : I hope the Press will take notice of that.—(Laughter.) Mr Stout had no objection. He wished nothing kept back.

Mr Barton : Nor I. I only want to show the disgrace of these proceedings beiu® taken. , °

George Course, assistant shunter, on the morning of October 27, left the yard with an engine going up to the sidings on the Olutha line. He was not in charge, nor could he say who was. There were five trucks laden with timber attached to the engine. There was no guard and no guard’s van. Witness atd Joseph Potter were ri ling on the waggons. Amos was driving the engine, and Grant, the goods manager, and Viattheson, the permanent weighing inspector, and a fireman were on the engine with him. At Brogden’s siding, near the Anderson s Bay Hoad, they put in some waggons. Witness and Potter coupled th -m and put them ou the line. The engine was started, but lie was not aware who gave the signal “All right.” The timber trucks were standing on the main line while the engine went into the siding Iwith the empty trucks. They afterwards went into Oar fill’s siding for nine waggons loaded with stone, leaving four empty trucks on the line. On coming out again they coupled the empty 1 trucks to the engine, hut hefofe th«/ had

time to remove them the Green Island {train came up and ran into them. When witness first saw the passenger train he called outto Amos to go ou to Dunedin and thus out of the way, but the latter had not time to get up steam, Joseph Potter was shunter on the (llutha line the day the accident occurred. When it was foun i out that the Green Island passenger train was appearing no signal was g veu to indicate that the trucks were on the line. To coniorm with the regulations this should have b-eu doue. The empty waggons were coupled ou, ° Mathieson was under examination at four o’clock.