ROTORUA RAILWAY SMASH.

Gisborne Times, Volume XXV, Issue 2167, 24 August 1907, Page 2

ROTORUA RAILWAY SMASH.

INQUIRY CONTINUED. MAGISTRATE AND COUNSEL AT DAGGERS DRAWN. SHOULD WITNESSES BE IN COURT ? Floss Association. AUCKLAND, August 23. Tlio Magisterial inquiry into tlio circumstances surrounding tho nceidont to tlio inixod passenger and goods train near Ngatira on tlio evening ol' tlio 3rd inst. was continued bolero District Judge Kettle to-day. Mr. I’reudorgast represented tlio Railway Department and Mr. E. E. Baunie, K.C., instructed by the Amalgamated Society of Railway" Servants, apiioared for the men employed on the train. Alfred L. Bouttio, chief mechanical engineer of the railway department, produced tho general instructions issued to train men as to tho working of Westinghouso brakes. Those books were issued to all drivers, guards and firemen. Mr. Beattie further put in a, diagram showing the principle of tlio working of tho Westinghouso brake; and also a plan of section and alignment of the portion of lino where tho runaway occurred, showing tho grades and curves. Air. Kettle: Assuming that tho Westinghouso brake was in order was it sufficient to hold tho train on t that incline apart from the engines? Witness: Amply sufficient. I liavo no hesitation in saying that emphatically. In answer to Mr. Baume witness stated that Driver Taylor had mislaid his copy of tho appendix to the working time tables. Two years ago ho had applied for another, but the Department had not been able to supply it. Cooper, tho other driver, was in the same position, save that he had been without liis copy for six monthsless. . To Mr. Kettle: Drivers and firemen were instructed in the use of the Westinghouse brake. The brakes, pipes, etc., were carefully examined before the wreck was removed. Mr. Prendergast applied to the Court to order all witnesses out of Court.

Mr. Baunie: If the witnesses go out of Court I must insist on the officer of the Department going out too._ 1 fail to see any necessity for ordering witnesses out. If the persons 'dor whom I am watching proceedings cannot. give me instructions I shall pot stay here. } Mr. Kettle: In my opinion it, is quite competent to as'k that these witnesses retire and ho examined without hearing the other witnesses. 1 therefore order all witnesses to fcave the Court. f , Mr. Baunie: But the Departmental officers remain. I object to that and personally I cannot stay here. I now ask for an adjournment for an hour to enable me to consult with Mr. Earl for whom lam acting. The adjournment was granted. When the Court resumed Air. Earl was in attendance and addressing the Court said that in ordinary proceedings whore there was one party a complainant and another party a defendant it was quite an ordinary thing to have witnesses ordered out of Court. Air. Kettle: I have ruled and cannot allow my ruling to be re-opened. Air. Earl: I must point out with great respect that I differ from your ruling. Mr. Baunie and myself cannot proceed wth this enquiry and do justice to our clients if we are left without the persons we are acting for to be at our elbows to advise us. If we were not allowed to have them here we will be handicapped, and I submit with all deference to the Court that it will not. bo a fair inquiry to them. Air. Kettle: I have already ruled. I don’t see any reason to go back upon that at all. It is not necessary that witnesses who were not actually working the case should leave the Court.

Air. Earl pointed out that the inquiry embraced within its scopo an inquiry into the efficiency or otherwise of the Westinghouso brake,- and secondly the duty of the Court would bo to inquire whether there was any fault on the part of the traffic or local men.

Air. Kettle: There’s no charge. Air. Earl: There’s no charge, but a charge might be developed and that’s the very reason wo are here. By your ruling we are left without any chance of serving, our claimants’ interests. Air.' Kettle: I see no reason to alter my former ruling.

The'stationmastcr at Pataruru was then called and Mr. Kettle ordered tho train witnesses to leave the Court and told them they could occupy a room in the lower hall. Six men went out.

Mr. Ba'unie: With the utmost deference I feel it our duty to fotire at this stage of the proceedings. Mr. Kettle: Very well. Mr. Baume said unless that Mr. Kettle saw any way to compel the witnesses to attend and give evidence his advice to them was not to attend.

Mr. Kettle: Very well, I auT very sorry.

Mr. Earl then left the room and Mr. Baume moved towards the door to speak to' some of those in the hall and he was called back by Mr. Kettle who said, “Do I understand you that you advise these witnesses not to give evidence.”

A warm interchange followed between Mr. Kettle and Mr. Baume as to the propriety of the course taken by the latter, Mr. Kettle saying that if the men did not appear they would be compelled to come ultimately. A number of witnesses left the Court. Edward John Harding Harris, stationmaster at Pataruru, gave evidence as to file accident. In the course of it he said: In addition to Putnruru I have 19 other stations under my control between Morrinsville and Rotorua. There is no stationmastcr except myself and so tliero is a great deal of office work to do. lam at it 16 hours a day—that’s what 1 average to cope with the work. Mr. Prendergast: Do you actually work 16 hours a day?—Witness: Yes; and very hard too. Mr. Kettle: You are at a total loss to explain the accident?—Witness: Yes.

At this stage the taking of evidence of the stationmaster having occupied till nearly 6 o’clock, it was decided to adjourn: but Mr. Kettle said he first desired to say that lie had sent for all the train men available as witnesses. -They came on a verbal subpoena. They were advised by counsel not to give evidence unless' subpoenas-, were issued to them. An inquiry was being held under tho Railway Act and he was not certain that under that Act he had power to commit for contempt. He would look into the point. Had it been another Court he would have known what to do. If there was no power to commit for contempt and the witnesses refused to obey the subpoena it would be a peculiar position. He wanted to ask, however, that men should be instructed by officers of the railways, their own officers, to attend on the order of the Court and to obey the order of the Court. On tho following morning, if the men took up tho position that they would not attend, and it was not possible for him to compel them to attend, it might upset the whole inquiry. The proceedings were then adjourned till to-morrow.