INQUEST ON THE LATE JAMES FOLEY.

Waikato Times, Volume X, Issue 939, 29 June 1878, Page 2

INQUEST ON THE LATE JAMES FOLEY.

At the inquest held at Onehunga on Thursday— Patrick Neville, an engine driver, deposed : I reside at Parnell. On Tuesday, June 25, I was engaged on the Lady of the Lake locomotive, drawing No. 2 train from Auckland to Onehunga. We left Auckland at 5.23 o'clock in the afternoon. Arriving within half a mile of Onehunga, at the end of the cattleguard adjoining the ballasted portion of the line nearest to Onehunga station, about 5.55 p.m., it being then quite dark, I felt the engine pass over something; I knew it by the motion of the engine. I immediately sounded the break-whistle, and stopped the train as soon as possible. I got off the engine, and went back on the line, looking tor a stone, which I supposed had caused the movement above - mentioned. When I got to the end of the train, I heard George Watkins, the guard, say ' Here is a boot, a hat, and a collar.' I stepped across the line to the other side of the train, and saw the body of deceased lying on the side of the line. The body lay on the back, in an oblique direction to the line. I asked Watkins to stop there while I proceeded with the train to Onehunga station. Before leaving, I gntisfied myself that life was extinct. By the aid of my lantern, I saw n great gash across deceased's throat. There was a great quantity of blooH on the body and clothes. One of deceased's arms was shattered, and his right leg. Un arriving at Onehunga I met Sergeant Greene, to whom I reported what had occurred. I was uuable to identify deceased at that time. The train was running at I about 11 miles an hour whew the '

accident occurred. The head-light was burning as usual on the front of the engine, but the glass was dimmed by the rain, which was falling at the time, About 10 chains before reaching the crossing where the accident occurred, I sounded the whistle. I have no doubt that deceased was killed by the train passing over him, inflicting the injuries I have described. When the accident occurred. I was clear of the public thoroughfare, and deceased had no right to be where he was. I am of opinion that deceased mast have been lying down when the train passed over him. It is some years since a similar accident occurred at Ellerslie. I was looking out very carefully at the time of tho occurrence. After seeing Sergeant Greene, I took an empty truck and went back to the spot were deceased lay, in company with [Sergeant Greene and the stationmaster. Sergeant Greene examined the spot, and removed the body to the goods-shed, wbeace it was transferred to the engine-shed, where the jury have now seed, it. I recognise it as the body of James Foley, deceased. I believe I saw him in the forenoon of the same day on the platform at Penrose. I don't know whether he travelled by the rail that day or not. Deceased waa not in the train when the occurrence took place, There was no cowcatcher on the engine on the night of the occurrenca. The jury, after a short deliberation, returned the following verdict: —"That deceased, being unlawfully on the railway line at Onehunga, was. run over by the train." To which the following rider was added :—" That no blame is attached to the railway officials."