THE ROTORUA RAILW DISASTER.

Taranaki Daily News, Volume L, Issue 60, 24 August 1907, Page 2

THE ROTORUA RAILW DISASTER.

PROGRESS OF THE ENQUIRY.

INTERESTING I'ASSAG E - AT-ARMS.

COUNSEL WITHDRAW,

|AN OVERWORKED ST AT lON MASTER

Per Press Association.

Auckland, August 23.

The magisterial enquiry into the cir cumtstauces surrounding the accident to the mixed passenger and goods train near Ngatira on the evening of the 3rd inst., was continued before District Judge Kettle to-day. Mr X'readcrgmt represented the Railway Department, and ill- F. E. Baume, K.U., instructed by tlio Amalgamated Society of Railway Servants, appeared for tlie men employ- \ ed on tlie train, .. Alfred L. Beattie, cliief meehamcal entrineer of the Railway Department, produced the general instructions issued, to trainmen as to the working of the Wcstinghouse brakes. , These books were issued to alt drivers, guards and firemen. Mr Beattie further put in a diagram showing the principle cf the working oi the Westinghouse brake, and a plan 01 the section and alignment of the portion of the line where the runaway occurred, showing" the grades and curves. , Mr Kettle: Assuming that the Westinghouse brako was in order, was it sufficient to hold the train on that incline, apart from the engines? Witness: Amply sufficient I have no hesitation in saying that emphatically. In answer to Mr Baurne, witness stated that the driver, Taylor, had mislaid his copy of the appendix to workii.g timetables two years ago. He had applied for another, but the Department had not been able to supply it. Cooper, the other driver, was in the same position, save that he had been without his copy for six months less. . 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 the court. Mr Baume: If witnesses go out of court, I must insist on the officers of the Department going out, too. I fail 'to see any necessity for ordering the witnesses out. If the persons for whom I am watching the proceedings cannot give me instruction, I shall not stay here. Mr Kettle:. In my opinion it Is quite competent to ask that these witnesses retire and be examined without hearing other witnesses. I therefore order all witnesses out of court. Mr Baume: But the departmental officers remain. I object to that, and pei- ! sonally feel I cannot stay here now. I iask for an adjournment of an hour to 1 enable me to consult with Mr Earl, for ' whom I am acting. The adjournment was granted. When the Court resumed Mr Earl was in attendance, and addressing the Court said that in ordinary proceedings where there ivas one party a comp'.ainant and another party a defendant, it was quite an ordinary thing to have witnosses ordered out of Court. Mr Kettle—l have ruled, and cannot allow my ruling to be removed. Mr Earl—l must point out,with gre it respect, that I differ from your ruling. Mr Baume and myself cannot proceed with this inquiry and do justice to our clients if we aie left without tlie perBon3 we are acting for to be at our elbows to advise us. If we nre not allowed to have them here, then we .ire handicapped, and I submit, with all deference to tlie Court, that it will not be a fair inquiry to them. Mr Kettle—l 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 wor)4 ing the train should leave tlie Court. Mr Earl pointed out that the inquiry embraced within its scope an inquiry ■to the efficiency or otherwise of ' ; Westinghouse brake, and secondly, the duty of the Court would be to inquire whether there wan fiTty fiuilt on Ihc part of the traffic or local men. Mr Kettle—There's no charge. Mr Earl—There's no charge, but a charge might be developed, and that's the very reason we are here. By your ruling we are left without any chancy of serving our_ clients' interests.

Mr Kettle—l Bee 110 reason to alter, my former ruling.

The stationmaster at Putararu was then called, and Mr Kettle ordered tlte train witnesses to leave the Court, and told tliem they could occupy a room in the lower hall. Six men went Out. Mr JSaume—With the utmost deference we feel it onr duty to retire at this stap:e of the proceedings. . Mr Kettle—Very well. Mr Bsrnmo said that unless 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; X am very sorry. Mr Earl then left the room, end Mr Baume moved towards the door to speak to some of those in the hall, and he was called hack hy Mr Kettle, who said: "Do I understand you that you advise those 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 tint-if the men did not appear they would l>o compelled to come. Ultimately a number of witnesses left the Court.

Edward John Harding Harris, stationmaster at Putaruru, gave evidence as to the accident. In the course of it re said:—ln addition to Putaruru, I have 1!' other stations under my control. Between Morrinsville and Rotorua there is no stationmaster except myself, and so there is a great deal of office work to Jo. I am at it 1G hours a day. That's whit I average to cope with the work. Mr Prendergast—Do you actually work 16 hours a day. Witness—Yes, and very hard too. I Mr Kettle—You are at a total loss' to explain the accident? | Witness—Yes. At this stage, the taking of the evidence of the stationmaster having occupied lill newly six o'clock, it was decided to adjourn, but Mr Kettle said he firiit desired to say that he had sent for all the. train men available as witiwssess. They came on a verbal subpoena, and they were advised by counsel not to give evidence unless subpoenas ivere issued to them. The inquiry was being held under the Railway Act, and he was not certain that under fchot 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 subpoenas, it would be a peculiar position. He wanted to ask, however, that the men should be instructed by the officers of the railways— tlieir . •nvn officers—to attend on the order of : the Court, and to obey the order of 'he ' Court, on the following morning. If the men took up the 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.