STRUCK BY TRAIN

Rotorua Morning Post, Volume 2, Issue 285, 27 July 1932, Page 5

STRUCK BY TRAIN

(Press. Assn.—

DRIVER STANDS TRIAL ON MANSLAUGHTER CHARGE

-By Telegraph — Copyright).

WELLINGTON, Tuesday. On the evening of April 9 a mofcorlorry that had been converted into a bus, which was taking a party of young people to a dance at Kaituna, was struck by an express train from Wellington at the Renall Street crossing in Masterton, and one of the passengers. Frank Muirh'aad Gillespie, was killed. The driver of the vehicle James Thomas Rutherford, stood trial to-day on a charge of manslaughter, laid under the Crimes Act, and on a charge of negligent driving, thereby causing death, under the Motor Vehicles Act. Mr. Justice Reed was on the bench. Accused said that he had been driving motor vehicles since 1919. He was engaged to carry a party from Masterton to a dance at Kaituna on the night of the accident. . He proceeded up the street looking for the train ,and with his foot upon tho bi'ake. As he did not see the train he took his foot off the brake and stepped upon the accelerator. There was nothing to indicate where the railway line lay." Upon reaching College Street he saw lights, and thinking that the train was in the distance, considered he had ample time to cross before the train reached the crossing. He did not see the train until it was upon him, and it was difficult to hear the whistle of the engine ,if ipotorists were to bait at the stock lines. He would no.t admit any negligence or want of care. He had taken every precaution. The hearing was adjourned.