I.—6a.

32

C. d. LITTLE.

35. If this instruction did apply at New Lynn, would you consider the practice that was followed in working No. 5 previous to the accident xvas dangerous?—lf the rule applied it would be so. 36. Have you ever seen fog-signalling in operation anyxvhere on the Auckland Section? —No. 37. How long have you been firing? —About two years. 38. Have you seen it in operation or knoxvn of it being in operation since the date of the New Lynn collision? —Yes. 39. Do you knoxv if any instructions xvere issued re' fog-signalling at Nexv Lynn or anywhere else on the Auckland Section?— Not that I knoxv of. 40. You knoxv of fog-signalling having been in operation since the accident? —Not at New Lynn. 41. But about Auckland? —Yes. 42. Mr. Dickson.] Where did you see that fog-signalling?— Coming into Nexvmarket from Auckland. 43. That is, out of the tunnel? —After you get out of the tunnel, yes; at the Nexvmarket home signal. 44. What distance would that be past the tablet station? —It would be through the tunnel and about 300 or 400 yards the other side of it. 45. It would mean that the line xvould be clear on to Newmarket? —Yes, on to the home signal. 46. It was betxveen the tunnel and the home signal that the fog-signals xvere used? —It was at the home signal that I saw them used. 47. Mr. Veitch.] Do you knoxv of any case in which fog-signalling ought to have been resorted to when it xvas not done ? —No, I cannot say I know of any case.

John Howard Hooton sworn and examined. (No. 11.) 1. The Chairman.] What is your occupation? —Guard on the New Zealand Railways. 2. Address? —85 Rose Road, Grey Lynn, Auckland. 3. Mr. McVilly.] What xvere you doing on the 28th May?—l was guard of No. 5 train, Auckland-Henderson. 4. You were guard of the train at Nexv Lynn on the date of the collision? —Yes. 5. What did you do on arrival there?—As soon as we arrived I went to the rear of the station buildings, to the latrines, and then came back and xvas in the station to inquire if there were any loads for the north, and I heard the collision. 6. Where xvere you xvhen the engine of your train started to pull down from the tanks northwards? —Just going into the station—just on the platform going into the station. 7. Who was on the engine—one of your assistants? —I thought he xvas, but I afterwards found out that he was not. 8. Where xvas he?—l could not be certain. It xvas Porter Beere, I think. 9. What was he doing?—l think he had given the driver a signal to go ahead and then back into the loop from the through road. 10. He went doxvn to let the train into the siding : is that so?— Yes. 11. Was the train standing on the main line any longer than usual that morning?—No, I do not think so. 12. About the average time?— Just about the average time. 13. When you get to a station xvhere there is a tablet porter in charge, do you act under the tablet porter's instructions? —Always. 14. You have always done that at New Lynn?—Yes. 15. You have never had any difficulty?— No. 16. As far as your knoxvledge goes has the tablet porter at Nexv Lynn always maintained discipline—that is, seen that the men xvho xvere there —assistants—did as he told them ? —Yes. 17. Was there anything on this particular morning to load you to suppose that proper discipline was not being maintained? —Nothing whatever. 18. The traffic men, then, were acting under the tablet porter's instructions as usual, and proper discipline was being maintained?— Yes. They were following their usual course of procedure. 19. Did you see that north home signal at all?—No, I did not. I did not look for it, candidly. 20. Supposing it xvere at " Danger," xvhat would you have expected No. 6 to do? —Stopped, certainly. 21. As an experienced guard, what is your opinion about the practice that was followed: is it a safe practice? —Perfectly safe. 22. You consider, then, that so long as the north home signal is at " Danger " against an approaching train, any train shunting at Nexv Lynn would be perfectly safe in pulling up to back into the siding or carry out any shunting operations?— Yes, absolutely. 23. Mr. Witty.] Have you ever heard any of the officials at New Lynn ask if the points have been locked, and a reply given, " I do not know; ask somebody else"?—No, I have never heard that. I have heard the question asked. 24. But you never heard the answer given, "You had better ask Brown," or somebody else? —No. 25. Mr. Myers.] Hoxv long does it take to water at Nexv Lynn? —Sometimes a minute; sometimes two minutes.