THE OPAPA SMASH

Manawatu Herald, Volume XLVII, Issue 2965, 21 November 1925, Page 2

THE OPAPA SMASH

AfANSLAUGHTER CHARGE AGAINST DRIVER,

Napier, November 19,

Frederick Lavin, driver of the railway engine which jumped the rails with such disastrous results in the Opapa cutting on the evening of September 22, appeared in the Magistrate’s Court this morning, before Mr. R. W. Dyer, S.AL, on three separate charges of manslaughter. Summarised, the informations (which were each couched in identical terms) were to the effect that accused -,,0n September 22, near Opapa, having under his control and in his charge the Wcllington-Napier express, failed to take reasonable precaution and to use reasonable care to avoid danger, in consequence of which three people lost their lives, and Lavin thereby committed manslaughter. The court was crowded with spectators when Lavin entered the dock. The case is expected to take three whole days, and it is understood that no less than sft witnesses will lie called.

Detective-Sergeant Butler prosecuted, Air. B. J. Dolan appeared for accused, Air. E. K. W. Hallett watched the proceedings on behalf of the Begley family, while Mr. AL L. Gleeson apepared for the fireman (T. Donovan) and for S. Marshall, a railway employee, who was a passenger on the train. AH. H. B. Lusk represented the Railway Department, and Air. AY. AlcCarley (secretary of the New Zealand Locomotive Engineers’ (Association) acted in conjunction with Air. Dolan on behalf of the association.

CASE FOR THE PROSECUTION

Detective-Sergeant Butler, in opening the case for the prosecution, said that the prosecution held: (1) That the train was driven at an excessive speed; (2) that liquor was taken on the train; and (3) that the train exceeded (he schedule speed down hill. Percy William Peters, manager of McGrner’s, Ltd., Napier, stated that he was a passenger from AA roodville on tho ill-fated train. He knew the Hatauma district, and noticed that the train was travelling at an unusually fast speed. He tested the speed between mile posts with the second hand of his watch. The train passed the four pegs, that is, one mile, in 1 minute 25 seconds. The train as a result of its speed, was swaying. After leaving AVAipawa witness noticed nothing until passing the Pukehou station, when the speed became more excessive. It seemed to witness that no brakes were applied until the crash came. He estimated that the train was travelling about 50 miles an hour ascending the hill, and he was sitting in anticipation of something happening. The speed of the train made the journey very uncomfortable, and caused some luggage to fall out of the rack. AVit-

ness had travelled down hill on numbers of occasions for 15 years, and being the holder of an annual ticket, averaged 2000 miles a month. He had never experienced a journey like it. The speed of the train was far and away beyond 25 miles an hour

PASSENGERS THROWIN FROAI SEATS.

Maurice Begley, slaughterman, Hastings, brother of Kathleen Begley, gave evidence that on September 22, he, his mother, sister and brother were all passengers on the express, travelling on the first carriage. Witness had often travelled on the line, and in his opinion the train was travelling faster than usual coming down the cutting, causing the carriages to sway. Witness never once felt the brakes applied. Where (lie engine left the line it was curved, and at the curve before it the carriage was so badly shaken that most of the passengers were thrown out of their seats. Airs Kathleen Begley, mother of I lie deceased, Kathleen Begley, corroborated the previous,.... witness’s evidence, adding that after the train left Waipawa it got up a terrific speed, which increased going down hill, the train swaying from side to side like a ship in a rough sea. Mr. Dolan: You are claiming compensation from (he Government"? Witness: Yes.

Have you been told that you must give evidence here before the Government will pay you?—“No.”

William Henry Jones, manager of the Hawke’s Bay Monumental Works, Napier, a passenger on the train, stated that a very fast pace was kept up from AVnipukuran, which increased going downhill. At one curve (he train seemed to leave the rails, but before she could right herself was on the next curve, where she left the line. Witness was of opinion that the brakes were applied between the first curve and the second curve, lmt owing to the sj)eed the time was very short. Witness had travelled in a motor-car for a number of years, the highest speed being 45 miles tier hour, and in his opinion the train was travelling even faster than that. TIMED WITH STOP WATCH. John AVilton Nixon, jockey, of Gisborne, stated that he timed the train for a mile with a stop watch after leaving Wjaipukurau, the time taken being 70 seconds. Airs I. C. Nixon, wife of the previous witness, corroborated her husband’s statements.

Murdo Bain AlcDonald, organiser for the New Zealand and South Seas Exhibition, said that he believed the speed of the train to be between 40 and 45 miles per hour, and he attributed the accident to excessive speed. Witness had been near the driver after the smash,

and his breath smelt of alcohol. On the journey he saw several bottles going around among the passengers. Charles Fenton Manning, barman, of Napier, said that he joined the express at Wellington, and experienced a first-class trip up till coming down Te Aute Hill. The trip down the hill was very rough, and in consequence of the fast travelling witness was thrown out of his seat. It did not appear to witness that the brakes were applied.

Mr Dolan: Will you swear positively that the brakes were not applied going down hill?” Witness: No, I cannot swear that positively. I think it would take an expert to decide that.

Arthur Ernest Renouf, of Napier, stated that he rode in a carriage near the rear of the train. He was familiar with the line, and he did not notice anything peculiar about the journey until between Pukehou and the scene of the accident. His first impression was that the train was travelling faster than usual, and when coining round a bend the carriage gave a terrible lurch which nearly threw the passengers out of their seats. The carriage, however, righted itself, and almost immediately came to a sudden stop. Witness would not like to say anything about brakes, because the Westinghouse brakes could be applied without being felt. He noticed no acceleration of speed going down the hill, Wfilliam Marven stated that to the best of his knowledge now the brakes were applied. The speed seemed to be accelerated on the descent of the hill.

Alfred Frank Hook, Havelock North, who was a passenger from Waipukurau, in the next car to the engine, said that on approaching Te Aute Hill the pace appeared to be. getting worse. As far as he could tell no brakes were applied at all. In his opinion excessive speed was the cause of the engine not negotiating the curve.

THREE MEN ON ENGINE,

Charles Smith, a foreman in the employ of the Dannevirke Board, submitted evidence to the effect that when the train passed Matamau about ten yards from him there were three persons in the engine cabin.

Mrs, Maud Smith, wife of the licensee of the Small Arms Hotel, Ormondville, stated that she saw the train at Ormondville and noticed a person alight from the engine. She did not think that person had a hat on and would not swear that it was Marshall.

Mr. Dolan here objected to Marshall being called in for identifi cation.

Witness said that she then saw the man go into the hotel and heard the train whistle. The man left the hotel, went over to the train, and entered a first-class carriage. William Barnes, labourer, or Ormondville, stated that he remembered the mail train arriving at Ormondville on September 22. The engine stopped directly opposite the hotel and witness saw a man leave the engine and go across to the hotel. When returning he was carrying Jhree or four bottles and entered the first carriage. The man whom he saw that day he had seen since and had recognised him as Marshall.

Mr. Dolan: Where were you standing when the train pulled up? Witness: About 100 yards from the station.

How long was the maii on the engine? —“He was on the engine when it stopped.” Did any others get off the train? —“Yes.”‘

How far were you from the en gine?-—“About 33 yards.” Had you ever seen Marshall be fore?—“No.”

How was he dressed? —“He was wearing a blue suit with a collar and tie, and no hat.”

James Mackie Smith, licensee of the Settlers’ Arms Hotel, Ormondville, stated that he was in the bar on September 22 when a person came in and purchased three bottles of beer. The man was about oft Din. in height, was wearing a dark suit, and was hatless. Harold Onslow Baines, sheepfarmer, of Ormondville, asserted that lie was in the bar of the Settlers’ Arms, Ormondville, when the express train arrived. A man entered the bar and bought three bottles of beer. The man took the beer and went towards the train. Witness was quite positive that the man was Marshall

Mr. Dolan: HaVe you seen Marshall since?

Witness: Yes, I saw him about ten o’elock this morning. The hearing was adjourned till ten o’clock to-morrow. LAVIN PLEADS NOT GUILTY. Napier, Last Night. The hearing was continued to-, day . Charles France and Ida Maud France, both of Palmerston North, gave evidence on similar lines to previous ; witnesses. David Irwin Wilson said he saw a man go into the hotel at Ormondville and return with three bottles of beer and get on the engine. Other witnesses also deposed to seeing a third man in the engine cab. James Smith Grey McKenzie, assistant boiler inspector for the North Island deposed that he saw Donovan and Lavin after the smash and Helped- to get a man out from the rear of the engine. The man was Marshall and he was in a state of collapse. Witness had a lok round the engin and in the cab found the lower portion of a brokeri’ < beer bottle. 'L__ TRACK IN GOOD ORDER. George Stretter, inspector of not guilty, reserved his defence and was committed for trial.

permanent way at Waipukurau and in charge of that piece of track, deposed that the condition of the track was first class.

Eugene Casey, inspecting engineer of the maintenance branch, N.Z.R., said the scheduled speed at the scene of the smash wa/25 miles an hour. No sign of any obstruction on the track was discovered after the smash.

George John Brice, locomotive foreman, said that the engine was in perfect order on the morning of the accident.

At the conclusion of the case for the prosecution, accused pleaded