CHARGE AGAINST HUSBAND FOLLOWS WIFE’S DEATH

Manawatu Times, Volume 62, Issue 23, 28 January 1937, Page 5

CHARGE AGAINST HUSBAND FOLLOWS WIFE’S DEATH

Sequel to Fatal Crossmg

Smash MAGISTRATE DISMISSES CASE AGAINST DANNEVIRKE FARMER

Pleading not guilty to a charge of negligently driving a motor-car so as to cause the death of his wife, Laurence Ernest Pawson, farmer, of Dannevirke, aged 40, appeared before Mr J. I* Stout, S.M., in the Magistrate’s Court at Palmerston North yesterday. The charge followed an accident at the West street level crossing on the morning of Sunday, December 6 last, when Pawson, driving with his family towards Foxton beach, crashed into the north-bound excursion train at one o’clock. His wife, Mrs Miriam Pawson, was fatally injured. Mr M. H. Oram appeared for accused. On December 6 he was driving a car along Main street towards the railway station, said Charles Eric Andrews, taxi driver. He pulled up, facing Foxton, about three yards on the Square side of the Cook street crossing. He first saw Fawson’s car when it was at the corner of Main and Bryant streets, about 50 yards from the West street crossing. Its speed he could not estimate. He also saw the excursion train approaching from Wellington, then about two chains from the crossing. Ho clearly heard the whistle of the train. Immediately after, the car went out of his view towards the crossing. | Witness had seen the crossing danger j lights functioning. Tyre Plying Through Air ‘‘The first thing 1 knew of the acci- I dent was a tyro flying though the air,” | continued Andrews. ‘‘Driving to the crossing, 1 found the car badly damaged. Mr Pawson was lying in the middle of the road; while ; Mrs Pawson, who was on the opposite | side of the car, was dead.” To Mr Oram, witness said he had I taken particular notice of the train and j the car as he had a premonition of an I accident. Edward Matthew Reilly, Pahiatua hairdresser, who at the time of the accident was standing just inside the gate of a house at Lyndhurst street corner, where he was visiting, heard and saw the train when it was about 350 yards distant from the crossing. After watching it for a moment he looked up Main street to see a car approaching at an estimated speed of 20 miles an hour. The car was about a chain distant from the crossing when the engine whistle sounded, and did not appear to slacken speed. The actual crash came so quickly that witness could not describe details. The car was swung around, ending near the fence. To Mr Oram, witness agreed that the car driver could not have seen the train unless in the last moment before the impact. When the train came to a standstill it was practically over the ' crossing. Constable Arnold described his visit to the crossing when summoned a few minutes after the accident. The car was badly smashed. There was a skid or burn mark in the bitumen for 21 feet approaching the crossing. The right hand front . wheel stopped half way across the first set of rails. In that postion the car was struck. A motorist approaching the crossing from the city side should be able to see an approaching train for about threequarters of a mile. To Mr Oram, the witness agreed that a motorist travelling in the same direction as a rail car going south from the station would see it until about Cook r-treet, when it would disappear for some chains behind lengthy railway All Watching Kail-car Just after Pawson’s car passed him, opposite the engine sheds, he dismounted from his cycle, having seen the approaching train, said Richard Alexander Keith Metcalf. The car went on without reducing speed, and Tan into the engine. Witness had seen the rail-car emerge from behind the sheds and go on to the turntable. The whole family in the motor-car appeared to be watching the rail-car, otherwise there should have been nothing to prevent them seeing the oncoming train. Raymond Laurence, of Wellington, acting-engine driver for New Zealand Railways, said he drove the railehr into Palmerston North on December C. Leaving the station, he took the railcar on the main line until renc’ung Cook street, where he drove on to a loop line to reach the turntable. As witness took the rail-car over the points admitting it to the turntable ho saw j the train about 40 yards away from the crossing. Looking up to see what had prompted the engine's second whistle, he saw tho car continue in front of the t-ain, a crash resulting. The car was * thrown back towards the cattle stops on the left hand side. The engine driver of the excursion tram, Herbert Leslie Langford, said hj slowed down as usual when approaching the crossing. As he sounded the first whistle, he noticed the approaching car. Momentarily he lost sight of the ° ar » and did not sight it again. Just l before the engine entered the crossing, the fireman sounded the whistle for a second time. Immediately after, said witness, he felt a slight bump, and the fireman called out. He applied the brakes, and as he did so, saw a number plate fly across to the right side of the tram (the accident occurred on the train’s left). The fireman on the engine, Ivan Summers, gave corroborative evidence. •‘Amazed and Frightened” The last witness was constable O’Connell, who produced a statement taken from accused on the day following the accident. Pawson was interviewed in hospital. Pawson then stated that he had passed the railway station at a speed of not more than 20 m.p.b. He noticed the rail-car pulling out of the station on the main line, appearing I to gather speed. He presumed it was goitig to Wellington and slowed dowD I to let it go over the West street cross-

ing ahead of him. It stopped half way; between the goods shed and the crossing and he turned for a moment to see whether or not it was coming on again. Glancing back to the right, he saw the engine three-quarters of a chain away. He was then only a few yards away and the train was bearing down upon him. Realising that a collision was inevitable he put on the brakes in a hope that the train might turn the car aside, He was amazed and frightened, while neither his wife nor his children called out. He remembered no more until with his children ho was placed in the ambulance. He did not see his wife again after the accident. He had not heard the train whistle nor the bells ring, nor had he expected a train from Wellington that day. ‘‘No jury in the land would convict Pawson on this charge,” declared Mr Oram. There was not sufficient evidence to warrant committing him for trial* No man would willingly jeopardise himself or his family. Pawson’s explanation of how his attention was concentrated on the rail-car was logical enough. Mr Stout agreed that there was a lot in what Mr Oram said. It was natural for him to think tho rail-car was going to Wellington, and according to his belief he had taken every precaution. It was likely enough ho would not hear the first whistle, but the lights would only confirm his opinion that the raflcar was travelling south. The case was not for a jury. The charge was dismissed. “Tragic Occurrence,” Comments Coroner. “It was a tragic occurence,” declared the Coroner, itr A. J. Graham, yesterday afternoon when returning* a formal verdict that Mrs Pawson met her death as a result of a collision between a car and a train at West street crossing on December 6. Mr Bickerdike conducted police proceedings and Mr Oram represented Dawson. c evidence of Langford and Laurence was repeated from the Magistrate’s Court despositions, while t*.e evidence of Reilly was repeated. “This accident shows tho absolute necessity for extreme vigilance on the part of individuals driving a car, especially in approaching railway cros»n gs,” commented the Coroner in rc* turning the verdict stated.