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j_R. W. MCVILLY.

points that have been raised are concerned, I do not think it is necessary to touch on them at all; but I anticipated that we should hear .something about the station and the grade. The home signal for No. 6 can be seen 33 chains away—nearly half a mile. To the centre of the platform from the end of the l-in-45 grade is .'!() chains. Now. out of those 30 chains the first 10 have a fall of 1 in 204. Mr. Kennedy has told you a lot about xvhat 1 in 204 means if you run so-many miles. Of course, if you ascend a l-in-204 grade long enough you will get into the clouds :we all know that. The point is, what difference would a grade of 1 in 204 make in 10 chains? The next 6 chains are dead-level; then there are 3£ chains of 1 in 194, uphill; then 2 chains of 1 in 220, down; and then 7J chains level to the station. 'I hat is exactly the position. That makes a total distance of 1,980 ft. from the foot of the grade to the station. It has been shown in evidence that the train could have been stopped, running at twenty-five miles an hour, with an ordinary application of the brake in 262 ft. Therefore the driver could have stopped No. 6 train in one-seventh of the distance that he had. On the question of the speed at which he was travelling you have had various estimates, but this fact speaks for itself —that xvhen he struck a standing train weighing about 158 tons he drove that train back 110 ft. Mr. Kennedy has told you that the train was standing—that Engine-driver Benney had not got steam on. Benney himself said in his evidence that he had given the engine steam, but he did not think she was moving. Taking that view of it, you can draw your oxvn conclusions as to the speed at which the driver of No. 6 was running when he struck the standing train. I think that in a matter of this kind, where the point at issue is the cause of the accident and where the cause of the accident is so clear, it is greatly to be regretted that the man xvho was at fault did not frankly, when he came before the Committee, admit—he admitted his fault frankly at the outset —that by some means or other which he could not explain he had overrun tho " Danger " signal. 1. Mr. Sykes.] With reference to the plan submitted to the Committee —it is a certified plan, I assume' -I can get it sworn to, if you like. I may say that it was not prepared for the purpose of this inquiry at all —it was prepared for another purpose altogether. Mr. Kennedy: I would not like to suggest that the Railway Department would put a plan in that was not correct. I merely mentioned, owing to the divergence of opinion there has been on the question, that the plan had not been sworn to as correct; but I am quite prepared to take the plan as correct. 2. Mr. Dickson (to Mr. McVilly).] Can you give us any explanation as to why the Department have altered the system of putting the train in at New Lynn? —If an alteration has been made it has been made by the District Officer. So far as the Department is concerned the system that was followed on that day is a correct and proper system. It is in accordance xvith the rules, and thole was no necessity to alter it—if it has been altered lam not aware that it has. Mr. Bowles said he had directed that the regulations should be carried out. Rule 157 covers that. Mr. Kennedy: There is just one thing I would like to mention. Mr. McVilly seemed to be under the impression that Corich had been used to this signal being down, and that he was taking it for granted. Noxv, Corich had never run this train in his life before, and he would not know in xvhat way the signal had been manipulated, and therefore he would not be misled by the train usually going in without being stopped. He would be on the alert, no doubt, for that signal. Then, with regard to Driver Benney having given steam to his engine and whether she had moved or not : I do not xvant to say whether she had moved or not, but ho had given his engine steam; she may not have moved; but immediately the other train bumped into her she would move, and the steam that would be in the cylinders al that time would help to drive this engine along. Then, with regard to the alteration of the system of shunting No. 5 and No. 6 at Nexv Lynn, we have had a number of witnesses admit that it would be safer to come in at the bottom end, although they have contended that it was safe the way it was done. I think myself they are very' foolish, because the proof has been that it was not safe. They admit that it would be safer if there was nothing on the main line. I do not know why Mr. McVilly contends that Rule 157 is the only one. I think he should take No. 158 also. Mr. McVilly: This is got at the foot of a grade. Mr. Kennedy: It is not that far off tho level, though. Mr. Richardson even said straight out that it was at the foot of a grade. Every one else says that except those who are trying to maintain that it is not. The Chairman : At what distance xvould you consider a station near the foot of a grade? Mr. Kennedy: Why is that rule put in the rule-book? Supposing the brakes failed on that train going down Scroggy Hill : that is why the rule is there. Supposing the brakes failed, what would be the result? You xvould then have the hand-brake only. You could not stop very rapidly, and you perhaps would not find it out till you xvere near the foot of the hill. You need to have a station far enough away from the foot of a grade, so that the train will not run right through it. Hon. Mr. Herries: Would you call Thorndon Station at the foot of a grade? Mr. Kennedy: No, I do not think I would. Mr. McVilly: With regard to Mr. Kennedy's last statement, I should like to say this: with a station that distance away and with that train, if the Westinghouse brake had failed the the engine-driver could have pulled up with his hand-brake and with assistance from the guard. We used to do it in the Dunedin District. At stations within a quarter of a mile of the foot of a l-in-50 grade we stopped trains with the hand-brakes —trains that were coining in at fifteen miles an hour. .1/;-. Kennedy: If you asked all the railway men in New Zealand they would tell you that that station is near the foot of a grade.

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