I.—6a.

26

H. THOMAS.

lurch and sxvung from side to side just before it reached Sermon's crossing at tho foot of Scroggy HiU. Shortly after that there was an impact, but whether there xvas a loud crash or not I cannot say. That is about as much as I know of the accident. 3. Mr. Witly.\. Was the fog dense? —My observation of the fog was at about half past 6, and about five or ten minutes after the accident there was a fog that would prevent any one seeing for a greater distance than 40 yards away —that is, going toxvards the station. 4. In passing along tho line you would be able to see 40 yards ahead? -Yes—that is, where the accident occurred. I could not say xvhat it was like behind. 5. Well, in passing the home signal? —I could not say that because I did not look back. 6. You say the train swung from side to side: was that as the impact occurred? —No, that would be fifteen or twenty seconds previously. There is a pretty sharp curve at Sermon's crossing. 7. Were they bogie carriages?— Yes. 8. Mr. Dickson/] You made a queer statement when you gave your occupation. Are you in the Railway Department? —I am not doing anything now. Prior to the accident I xvas employed in the Railway Department. 9. What doing? —I was classed as a labourer, but had often been in charge of xvork as a casual hand. I had worked five days, and on the Bth August I xvas requested to stand doxvn until further notice, and I have been xvaiting from then till noxv. I have not received any further notice, so I do not know whether I am in the service or not. 10. Did you prior to the Bth August have any conversation with any heads of the Railway Department in Auckland as regards the accident? —No, not as regards the cause of the accident. 11. Did no one in connection with the Railway Department ask you?—No, not that I am aware of. 12. You would not be positive?—l do not remember that any official did. 13. Any one acting for the officials? —No, certainly not. They never asked me what I thought xvas the cause of the accident. 14. Were you hurt in the accident?—l was. 15. Mr. McVilly.] What did you consider was the cause of the accident? —Well, if you allow me to stay here and listen to all the evidence I will tell you, but I think it would be rather premature for me to say noxv. I cannot say what xvas the cause of the accident until I hear all the other evidence. 16. What do you consider cause the train to lurch?—lt is a common occurrence on that curve for the train to hit the top leg of the curve. 17. A question of speed?—l suppose it would be a question of speed and sharpness of the curve combined. The sharper the curve the more cant on tlie rail. 18. You frequently travel by that train? —I have been travelling by that train for close on eight years. 19. You claim to be a railway man?— Well, I have been employed by the Railway Department for a period of about seven years. 20. Well, as a railway man and as a man who has travelled regularly on that train, was the speed that morning higher than on previous occasions? —I consider at that particular spot it was. 21. Was the lurch greater than you have noticed previously?— Yes, it was a little greater; but we often get shocks on that curve. 22. But on this particular morning the speed was greater and the lurch greater?— Yes. 23. Mr. Mack.] Do I understand that you observed the fog at New Lynn prior to getting into the train at Waikumete?—Yes. 24. Is it not a fact that you cannot see Nexv Lynn from Waikumete?—Yes, but I happen to reside on a ridge that divides New Lynn from Waikumete. 25. It xvas not just prior to getting into the train? —No, it would be about half past 6. Walter White sworn and examined. (No. 7.) 1. The Chairman.] What are you?—l am a labourer residing at Henderson. I was a passenger on tho morning of tho 28th from Henderson on the Auckland-bound train. There was no fog xvhen we left Henderson Station until we got over the top of the ridge at Scroggy HiU, when we ran into the fog. I can remember the fog well, because we were joking about the fog hanging over " Bonetown," as they call it. The next thing I noticed was a lurch coming round the curve just before you cross Titirangi Road, and a few seconds after that there was a crash. I think that is all I have to say. We xvere all mixed up in the crash. 2. Hon. Mr. Herries.] What carriage were you in? —The front seat of the front carriage the same carriage as the last xvitness, who xvas in the back seat. 3. What kind of carriage?—A second-class carriage. 4. Mr. Witty.] Do you often travel by that train ?—I have been travelling regularly for two years last May. 5. Was the shock worse than usual going round the curve?— That was the first time I had noticed it like that, but I have noticed it since. 6. How long xvould it be before the impact?—T could not say. 7. Was the fog very dense?—l could not say xvhether it was dense or not. There xvas a fotr I know that.

8. You could not say what the degree of denseness was?— No.