D.—7.

The police tried to bring in against the drivers neglect of rule in Appendix, page 6, and the jury recalled Taylor on Rule 269 a. For the one, it was looked upon as a hand-brake rule; the other (269 a) as one if there had been an accident. The Inspector of Police had become possessed of one of our " Appendix to Working Timetable " books. I have notified District Traffic Manager, Auckland, for traffic witnesses; District Engineer, Auckland, for a plan and section; Running-shed Foreman and Car and Wagon Inspector, Auckland, for all our men, including Morrinsville train-examiner, and told Workshops Manager, Newmarket, to be ready if required to support Car Inspector as to state of stock if necessary. Judge Kettle has asked District Traffic Manager, Auckland, for a plan, and also plan showing the train. This the District Traffic Manager gave to the District Engineer, 'Auckland. He, the Judge, also asked for copy of our Westinghouse Brake Rules as supplied to the men. This I take to him this evening. A. V. Macdonald, Locomotive Engineer.

EXHIBIT No. 25. Auckland, 17th August, 1907. Locomotive Engineer, Railways, Newmarket. No. 11 and X Special Trains running away at }f,B-mile Peg on 3/8/07. I have to report on arriving at the scene of the accident at 41 f-mile peg on the Rotorua line where the vehicles loft the track and went over the bank. I examined the vehicles to see if the brakes had been hard-set and if the wheels had been skidded. I did not find any of the wheels showing signs of skidding, and there was only one vehicle that the hand-brake was hard on—viz., the carriage No. 452. The hand-brake gear in the long brake-van which the guard was in was broken. I also examined the Westinghouse-brake gear: the pistons were all back in their normal position; some of the brake-blocks were against the wheels, but that is attributable to the damaged gear. I also examined the triple-cock handles, and each one was in working-position. I also examined the ends of vehicles, and found the angle cock closed on one wagon, L 3497; the tap-handle did not appear to be knocked, showing that it had been closed during the collision. Wagon L 7778 also had one tap closed. This wagon was standing on end, and I could not examine it until it was lowered to the ground; I therefore cannot say whether this tap was open or closed during the running of the train. The handles on the taps, and some of the angle cocks and bends, were completely broken off some of the vehicles. R. Simpson, Car and Wagon Inspector. EXHIBIT No. 26. Dear Sir,— Wellington, 26th April, 1905. The General Manager advises as follows: — " With reference to regulation which provides that guards are to see that all brakes on a train are in proper working-order, I have to state that the instruction regarding the testing of air-brakes provides that the guard during his run is, after every occasion on which the engine or a vehicle is detached or attached, to see that the brake applies and releases on every brake vehicle on the train. But he can satisfy himself on this point without on every occasion making a detailed examination of every vehicle remaining on the train." I may state, however, that the question of altering the wording of the instruction is now under consideration. W. J. Edwards, The Secretary, Canterbury Branch, A.S.R.S. General Secretary.

EXHIBIT No. 26. Dear Sir, — Wellington, 26th April, 1905. The General Manager advises as follows: — " With reference to regulation which provides that guards are to see that all brakes on a train are in proper working-order, I have to state that the instruction regarding the testing of air-brakes provides that the guard during his run is, after every occasion on which the engine or a vehicle is detached or attached, to see that the brake applies and releases on every brake vehicle on the train. But he can satisfy himself on this point without on every occasion making a detailed examination of every vehicle remaining on the train." I may state, however, that the question of altering the wording of the instruction is now under consideration. W. J. Edwards, The Secretary, Canterbury Branch, A.S.R.S. General Secretary.

EXHIBIT No. 35. Approximate Train-mileage run since Westinghouse Air-brake was brought into Use on New Zealand Government Railways.

47

Section. When Brake brought into Use. Train-mileage, Approximate. Particulars of Failures to stop when required. uckland ... Express trains, June, 1901 ; in general use, April, 1903 In general use, November, 1901 ... 4,249,000 Nil. Wellington - Napier - New Plymouth 10,920,000 Train overran Tariki Station platform through cock in train-pipe between third and fourth vehicles not being opened. Nil. [urunui-Bluff 7,502,000 Express trains, July, 1902; in general use, July, 1905 Total 22,671,000 Failure through cock being c' [osed, 1.