I.—6a.

G. E. RICHARDSON.]

77

42. The whole trouble is this : this train was shunting on to this line, and it xvent a certain distance over these particular points. When it went over those points it was within the home signal?—l may be wrong, but my opinion is that the station-limits are between the furthest point at each end. 43. The furthest shunting points? —Yes, in connection with that particular station. 44. Therefore you would not say that the station was controlled to the home signal? —The station is protected by the home signal. 45. But you xvould not say it was controlled?— The home signal is controlled by the station officer. 46. Who xvould control the portion of the line between the points and the home signal?— The officer in charge of the station. 47. Would not that make it the station?— Not necessarily.

Wednesday, 22nd October, 1913. Samuel Kennedy, President, Drivers, Firemen, and Cleaners' Association, made a statement. (No. 27.) Witness: Before 1 speak on the case I would like to mention this: as the inquiry went on I found myself forced into a position that was not congenial to me. I found that, owing to the attitude taken up by the Railways Department with regard to the cause of this accident ami who was responsible and who was not —an attitude that came as a surprise to me at tin , time, such an attitude not having been taken up at a previous inquiry — l was forced into the position of almost standing side by side with the New Lynn people in their position. I did not wish to do this, because, being a member of tin Railway service myself, I wished to be loyal, and it was repugnant to me that I should have to stand shoulder to shoulder with people I had no sympathy with in what they were after in my endeavour to do justice to tin engine-driver, whom I represent. I may say that as far as the requests of the New Lynn people are concerned, with regard to a Stationmaster being stationed there and an island platform provided, thej do nol concern me in the least. I may state here that I as an engine-driver think it would have added nothing to the safety of the working of that station had (here been a Stationmaster in charge there, ami 1 almost question whether it would have added anything to the safety had there been an island platform. I will admit that it may have altered the mode of shunting the trains, and I will also admit that if it had done that it would then have been a very great factor in giving additional safety at New Lynn. However, the reason for my l>; ing here is that my association considers that the engine-driver is shouldering the whole of the blame, or that the present attitude of the Railways Department is that he is the only man who is responsible for this collision ; and the engine-drivers of New Zealand are of opinion that that is not correct. They are of opinion that the engine-driver may have made an error of judgment. We do not say that he has not done that, hut we have to consider the surrounding circumstances- —what chances he had of forming a correct judgment : whether he hail a reasonabli chance of forming a correct judgment. At the commencement of this inquiry it was quite evident from Mr. McVilly'a examination of Mr. Grandison that their opinion of the tablet-porter's conduct had changed. Mr. McVillv made the statement, when examining this witness. " Notwithstanding what you think, 1 do not think the tablet-porter committed a breach of the regulations," or words t<> that effect. We know, of course, that the Department held an exhaustive inquiry into this matter, and the result of it was that they dismissed this tablet-porter. It was quite evident that they were not then of the same opinion with regard to these regulations and the traj in which they were carried out as they are at the present time, or they would not have dismissed the man who was in charge of the signalling at the station on that morning. Now, 1 do not think that the Department are following a very wise course, but that does not concern me so very much in this particular case. I think that for the Department to sa\ that the regulations were carried out properly by the station staff on the morning of the 28th May last when the collision took place is establishing a very serious precedent indeed, and I think they had better at oner put the station staff at New Lynn, and all other stations, right with regard to the proper manner of signalling trains during a fog or when a station is near the foot of a falling grade. Mr. Mortimer slated in his evidence that he does not think Rule 158 or Instruction I (//) of the Appendixapplies to New Lynn. 1 will admit that the man must have made a mistake in saying that, but it is his statement. Rule 158 applies to vvvvy station in the Dominion where there is a fog. and Instruction 4 (b) applies to every station in New Zealand if it is on a grade or near the foot of a grade. Mr. Whisker, an engine-driver, gave evidence here also, anil he practically made the same statement in his evidence. He said that he does not think Instruction 4 (b) of the Appendix applies to New Lynn. Now, 1 did hope at one time that I would be able to get other drivers to give evidence here, and it was only owing to a misunderstanding with the Chairman, I think, that I was not. I had called no evidence at the inquiry so far, and when the Chairman asked if there was any further evidence he looked at Mr. McVillv. who had called all the evidence, and upon Mr. McVillv saying that that was all the evidence some one moved that no further evidence be taken. That was carried immediately, and I had no opportunity of calling a driver. My intention was to get the Department, if I could, to select one or two drivers here in Welling ton: I did not want to select the men. I am firmly of opinion that if you went over the whole Dominion and tried to find five other drivers who would give the same evidence as Mr. Whisker gave you would fail. Even Mr. Whisker, after stating that he could do certain things, admitted in cross-examination that one of the things he said he could do and did do it would be impossible to do.