ANOTHER TRAM FATALITY
[United Press Association.] DUNEDIN, Friday.
A child named Wilhelmina Hendry, aged one year and ten months, who was injured on the Roslyn tramline last Saturday, died to-night. The child ran in front of a car, and although the driver pulled up quickly, one of the wheels passed over her foot, and the toes had to be amputated. The child was quite prostrated by the shock. -Nelson Evening Mail, 11/9/1909.
WILHELMINA HENDRY'S DEATH.
THE ROSLYN TRAM ACCIDENT.
The coroner (Mr Widdowson) sat this afternoon to inquire into the circumstances which caused the death of Wilhelmina Hendry, aged one year and ten months, whose foot was crushed by one of the Dunedin and Roslyn Company's trams on Saturday, the 4th inst., and who died in hospital last Friday. There was a jury and Mr R. R. Douglas was chosen foreman. Mr Payne appeared for the company, Mr Hanlon for the gripman, and Mr Kay for deceased's father.
Dr Falconer (resident medical officer) said that the child, when admitted, was suffering from shock and from a wound in the right leg that had lacerated the tendons and bared the tissues to the bone and all the toes but one had been crushed off. On September 10 it was found necessary to amputate the foot, as gangrene had set in. The patient died the same day, the cutting of the toes was probably due to the wheels, the cut being dean, but the injuries higher up were not caused by the wheels. The cause of death was shock following the injuries, the child would have died independently of the operation from the injuries. The operation gave just the forlorn hope, and was absolutely necessary, or the child would have died of gangrene.
The inquest was adjourned in order that the jury might see the spot and the car. -Evening Star, 16/9/1909.
WILHELMINA HENDRY'S DEATH.
THE ROSLYN TRAM ACCIDENT.
The coroner (Mr Widdowson) and a. jury (of whom Mr R. R. Douglas was foreman) sat yesterday afternoon to hear the circumstances which led to the death of Wilhelmina Hendry; aged one year and ten months. On Saturday, the 4th inst., the child had her foot crushed by a Dunedin and Roslyn Company's tram on its way to Roslyn. She died on the 10th after an operation which was necessitated through gangrene setting in. Mr Payne appeared for the company, Mr Hanlon for Gripman Downes, and Mr Hay for deceased's father. Sub-inspector Phair conducted the case for the police.
Albert Whittlestone, a carter, who lives with the deceased's father, stated that he had the deceased child on his knee a few minutes prior to the accident. Witness next saw the child under the car, which was then stopped and "jacked-up." He looked under the car, and saw an official pulling the child out. She was very pale, and her foot and ankle were crushed and cut. She was removed to the hospital. The child had got out on the street once or twice before. The gate was usually tied.
To Mr Hay: There was a mark on the ground where the child must have been dragged nine or ten feet.
Mr Payne: The motorman crawled under the car. You could not say whether the mark was made by him or the child?
Witness: No; but there was a bloodstain where the mark started. He added that this bloodstain was eight or ten feet from where the child was released.
Harry Eliah Melitus, music teacher, who was a passenger on the car, and who was standing in the platform in the front, and on the right-hand side of the car, said that he saw the child trotting along rather heavily on an upward angle and in the centre of the track, four feet ahead of the. car. Witness shouted to the child, and the gripman seemed to stop at the same time. The middle of the front of the car struck her on the right shoulder. She fell obliquely, and disappeared under the car, which went about four feet before if stopped. He then saw the gripman crawl under the car.
To the Foreman: The passengers were in such a position that the gripman would have a view of the track, but not to the side of the track — at least, to the side on which witness was.
To Mr Hanlon: From when he first saw the child the accident was inevitable and unavoidable. The car could not have gone four feet after he saw the child struck.
Alexander Bell, schoolboy, was also on the car, and standing in the front of it on the side from which the child came. He saw a child step off the footpath when the car was about opposite Dr Coimmin's place. About four yards from the rail the child commenced to run, and witness called to the gripman to pull up. The car was then three or four yards away, further down the hill. Witness turned round when he spoke to the gripman, and when he looked again the child was under the car, which was pulled up very quickly in a yard at the most. Two or three passengers were standing in the front compartment. There were also people standing behind witness on the footboard.
To the Foreman: He did not call out when he first saw the child, because she was then walking, and the car would have parsed before she could reach the rails.
Mr Hay: So that the car ran five yards from the time you turned round to call the gripman's attention.
George Walker was standing at the corner of Arthur and Rattray streets, the child appeared to come from Arthur street, and crossed into the street just below the Salutation Hotel. She seemed to run down on an angle towards the car. When the child was getting over the kerbstone the car was coming up near Dr Commins's. About opposite the house above her father's the child turned straight on to the rails. The car was then three or four yards away. It all happened very quickly.
To Mr Hay: There were a couple of ladies standing up m the front compartment, and he remembered saying at the time: "How could any gripman see with women standing with Merry Widow hats."
To Mr Hanlon: He was fifty or sixty yards away, and he was merely guessing at the distances he had mentioned. He would not like to swear that women were standing, or that any people were standing. He might have thought they were standing because of the big hats.
Sub-inspector Phair intimated that the next witness was Gripman Downes.
Mr Hanlon said was it a fair thing that the police should call him, seeing that they were trying to establish negligence. He did not wish to be placed in the position of having to advise his client not to answer questions.
Similarly, Mr Payne urged that the conductor and the manager should not he asked to give evidence at this stage.
Mr Widdowson said that Mr Hanlon could advise his client what questions not to answer.
Mr Hanlon retorted that questions of innocent import now, sometimes later assumed sinister import in cases of the kind.
William Cumming Hendry said that in Edinburgh the gripmen were placed right in the front of the car.
Mr Widdowson expressed his private opinion that in these cars there was not adequate provision for preventing accidents. They were very high from the ground, and there should be some protection.
Mr Payne said that the cars were approved by the Public Works Department. The inquest was adjourned at 5.10 p.m. till Tuesday next, when expert evidence as to the cars will be called. -Evening Star, 17/9/1909.
ROSLYN TRAM ACCIDENT.
INQUEST ON WILHELMINA HENDRY'S DEATH.
Mr H. Y. Widdowson, coroner, in the Magistrate's Court this afternoon resumed the adjourned hearing of the circumstances which led to the death of Wilhelmina Hendry, aged one year and ten months, who on Saturday, September 4, had her foot crushed by a Dunedin-Roslyn Tram Company's tram on its way to Roslyn. The child died on September 10. after an operation which was necessitated through gangrene setting in. According to the evidence of Dr Falconer, the child would have died independently of the operation. The inquest opened on September 16, and was continued on September 17. when it was further adjourned. Mr Payne appeared for the company, Mr Hanlon for Gripman Downes, and Mr Hay for the father of the deceased. Sub-inspector Phair conducted the case for the police. Mr R. R. Douglas was foreman of the jury.
Edward Roberts, engineer, said he had viewed the Roslyn Company's cars, and also the Fell brake of the same company. With the Fell brake being there they could not have the floor of the car much lower than it is now. Assunming the body of the car to be lower, it would not be less dangerous if a child got in front of it. They could not with safety lower the body of the car any more. The Mornington cars were lower, but were no safer than the Kaikorai. He did not see how the beam in front of the car made it any more dangerous. If a carman kept the front windows clear he had a very good sight of the track. There were too many abrupt changes in the grades here to admit of the adoption of the Edinburgh cars — grippers at each end. The inquest was proceeding when we went to press. -Evening Star, 29/9/1909.
ROSLYN TRAM ACCIDENT.
VERDICT OF ACCIDENTAL DEATH.
At the inquiry yesterday into the circumstances surrounding the death of the child Wilhelmina Hendry, William John Thomas, manager of the Dunedin and Roslyn Tram Company, agreed with the evidence of Edward Roberts, engineer, who had given expert evidence concerning the grades and construction of cars, and who had said that, as far as he had seen the cars, he did not know that anything could be applied to them to secure immunity from accident, and that he tried without success to think out a scheme under which the driver could be placed on the front of the car.
To Sub-inspector Phair: No definite instructions were issued by the company to drivers about passengers standing in the front compartment of cars. It was left to to the discretion of the driver. If his view was obstructed he would request the conductor to remove the person or persons in his line of sight. The car that caused the accident was not a heavily-loaded one. There were thirty-eight persons on it when it left Rattray street. It was part of the conductors duty to assist the gripman in keeping a sharp lookout. The conductor was in charge of the car from a timekeeping point of view, but from on operating point of view the driver was in charge He could not say whether the gripman could have seen this child. He thought the driver must have had a fair view of his track, otherwise he would not have gone on. The driver had been about ten years in the company’s service. For six years and a-half he had acted as driver. He was a capable and most careful man, and was looked on as one of the best men in the service. The front compartment of the car would seat ten adult persons. At a pinch twelve could be seated.
To juryman: The cars were licensed to carry thirty passengers. There were eight passengers above the licensed number. He did not call it an overloaded car. From the evidence of a lad there were two passengers standing in the front compartment, toe balance being seated.
To Mr Hay; It would be well to make a regulation that no person should stand in the front compartment.
The next witness called was Edward Henry Downes, the gripman of the car at the time of the accident.
Mr Hanlon said that the calling of Downes was a very unusual course to take.
The Coroner informed witness that he was not obliged to give any evidence that would tend to incriminate him in any manner whatever.
Witness then declined to answer any questions.
Mr Hanlon said that if Downes were to be charged with manslaughter it would have to be proved that he was gripman in charge. The police had no right to call the man, who claimed privilege on the ground that his answers might tend to incriminate him.
Sub-inspector Phair said he would call the conductor.
Mr Payne said he would advise the conductor not to answer any questions, The conductor also claimed privilege. He was not called.
The Coroner, in reviewing the evidence, said that it was clear that the brake had been applied pretty quickly, but that the car had have travelled further than the witnesses had said, for the child to have been dragged a little distance. It was also apparent that there must have been twelve or thirteen persons in the front compartment. It would be for the jury, apart from the cause of death, to say whether there had been negligence on the part of the officials in charge of the car. If, in the opinion of the jury, they had been grossly negligent, and through their negligence the death of any person resulted, they would be guilty of manslaughter. It might be that if the gripman in this case had kept a keen lookout be would have seen the child. The child, however, appeared to be in no danger until it started to run, which was within three or four yards of the line. It seemed to him that the gripman had done all he could when he was warned by the boy Bell that there was danger. The evidence as to negligence appeared very weak. The jury might also consider it advisable to bring in a rider bearing on the safety of the cars, and if they thought fit they might direct the attention of the authorities to the construction of the cars, with a view to learning whether a safeguard could not be devised as a protection to human life and limb in case of accident.
The jury, after a retirement of half an hour, returned the following verdict: “That the deceased died on September 10, 1909, at the hospital, Dunedin, the cause of death being shock, following injuries received in a tramway accident in Rattray street on the 4th inst., and the amputation of the leg, which was necessitated to prevent death from gangrene, the accident being a collision of the deceased with a cable car of the Roslyn Tramway Company, resulting in the child’s foot being run over and the leg injured. The jury is of opinion that the evidence adduced does not enable it to say whether or not there was negligence on the part of the officials in charge of the car or either of them. As a rider to its verdict the jury desires to add that, in its opinion, the attention of the proper authorities should be called to the want of protection to life and limb in the present cable cars in ewes of accident, and that they be requested to see whether or not such cars can be sufficiently equipped in that direction. As a second rider the jury are of opinion that no person should be allowed to stand in the front compartment of any car or on the outside platform, or, at any rate, forward of the gripman.” -Evening Star, 30/9/1909.
Wilhemina Hendry lies buried in Dunedin's Northern Cemetery.
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