1.-6 a.

50

T. W. MORTIMER.

125. You do not really know whether the guard wont with the train or not?— No. 126. Or where he was?—l could not say where he was at the time. 127. Do you consider that the practice was a safe one to go ahead like that ? —Yes, I do. 128. Did'you not have more chance of running No. 5 to time by loll,,wing the practice of taking water and pulling ahead and backing into the siding?— Yes, you had more time. 120. It is still a sale practice?— Yes, I consider it safe. 130. Is it not a tact that you were transferred from New Lynn on account of having continued ihe practice of shunting No. 5 at tho north end of the yard? -That I could not say. 131. Was that the reason? —I do not know. 132. Are you aware that since the accident tho Auckland train now enters the siding immediately upon arrival to complete any necessary duties after the departure of No. 6?— l have seen it mi one or two occasions. 133. Is it not the case that the wry next morning that train went in at the Auckland end and continued to do so for three mornings afterwards?— That I could not swear to. 134. Dave you any knowledge of instructions having been issued since the collision referring to trains crossing at Now Lynn?—l have heard that there have been regulations issued : xvhat they are I could not say. 136. You could not say what these instructions imply?— No. 136. Is it not a fact that tho Traffic Manager reprimanded you for the continuance of tho practice of shunting No. 5 at the north end? Did you over get a reprimand for it? —No. 137. You said that you could see 300 yards at the time of the arrival of No. s?—That is so. 138. Was that looking northward? —Yes. 139. You could see really past the signal? —No. I did not say I could see past it. but I could see that the signal was at " Danger." 140. There was no fog at the signal?— That I would not swear. 141. Is it not a fact that fogs drift across that valley?— That I could not say. 142. When you lot the north-bound train in do you not have to go and open tho points, and sometimes leave your duties as regards issuing tickets in order to do so. if No. 6 is coming down the incline? —No. 143. And No. 5 is late?— No. 144. You do not ever go and open the points?— No. 145. If you are going to put her into the siding who does it?—l never put No. 6 into the siding. 146. Do you not think that had the signal remained in its original position it would have tended to avert this accident?—l do not think so. 147. You do not know xvhen the signal was shifted? —No. 148. Nor on whose recommendation? —No. 149. Mr. Mack.] You have been questioned with regard to the New Lynn Station being at the foot of a grade. Do you knoxv of any station which in your opinion is at tho foot of a grade I -I should say that stations like Kingsland and Morningside wore. 150. This rule that xvas quoted to you —No. 158 —does not apply to Now Lynn as ii would to Kingsland or Morningside? —That is so. 151. There is another rule here that has not been touched upon, but perhaps you knoxv some thing about it. I refer to section (c) on page 12 of the Tablet Instructions, the latter portion of it. Is it not a fact that tho tablet is only an indication to the driver that the line is clear to the home signal?— That is so. 152. Is it not a fact also that he must regulate his speed accordingly—that is. only between the tablet station and the home-signal station that he is proceeding to?— Yes. 153. And that he has no justification for going past that homo signal at "Danger"?— None whatever. 154. With regard to this grade, Mr. Kennedy suggested to you that tho grade did not cease at the crossing. You said it, xvas practically level, I understand?— Yes. 155. When I tell you that tho grade there is lin 204. is that not practically level?—l should think so. 156. Your statement therefore as far as that is concerned is absolutely correct?— Yes. 157. Mr. D>rl:son.\ You say that tho regulation would apply to Kingsland and Morningside Stations: is it the north side or the south side of those stations that you are referring to? 'Flu north side. The station is at tlie foot of the grade looking to. the north that is, from the Auck land side. 158. The Chairman.] You say that tho down grade practically ceases at Titirangi crossing? Yes. 159. How far is the Now Lynn Station from Titirangi crossing?—! should say about 50lt yards. 160. It is practically level all the way?—Yos. Mr McVilly: From the station to the foot of the grade is 29 chains. 161. Mr. Green.] When you look north, does not the bank in a measure obscure a full view of the signal ? —Not to my knowledge. 162. You can only see a part of the top?— Yes. from the station, 163. Do not tho trees on the right-hand side opposite the signal partly obscure the view of that signal?— No. 164. The branches do not hang over at all on the right-hand side?— No. I never had any difficulty in locating the signal. 165.. The bank is not in tho way at all, then? I xvould not say as to the bank ; but the signal can be plainly seen from tho station.