TRAIN FATALITY

Hokitika Guardian, 26 July 1932, Page 6

TRAIN FATALITY

MOTOR, DRIVER CHARGED. (Per Press Association — Copyright.) WELLINGTON, July 26. On the evening of April 9th. a motor--I’orry converted into a bus, which was taking a paity of young people to a daneei at Kaituna was struck by the express train from Wellington at lEm-vi-all St. crossing in Masterto.ii, and one of the passengers, Frank! IMuirh e-ad Gillespie, was killed. The driver of the vehicle, James Thomas Rutherford, stood his trial to-day on a chairge of manslaughter laid under the 'Crimes Act, and on a charge of negligent driving, ’‘thereby causing death, under the Motor Vehicles Act. Judge Reed was on the bench.

The first witness was Sydney Herbert, driver, of the train who said that from an engine driver’s point of view the crossing was not a dangerous one. He said it appeared to him that Rutherford, accelerated just before lie came to the line.' It was then too late for him to stop.

Edward Furness, guard of the. train, said that about SS '.yards off the train would be well lighted. ’ Victor Woodley, Elsie May Saker and James Henry Garrett, passenger,s in the bus, isaid \hey -saw the train before the bus reached the' crossing, and in their opinion; if Rutherford had been keeping a proper look-oiit they thought lie should have seen the train also in time to- pull up.