The Express.
London, England, 1864-08-04 00:00:00

THE EXPRESS,,ITinIigna EVENING, AUGUST .4. IBM. 7 ( -2.11 i • I

AB,SIZE INTlitablif 1

HOME clitcUlT.--Ontionza, Avant 3.
(Before Mr. Jostles Willy.)
TRU IMAM A 010,317.

At the sitting of the enarkthin soorniog, Thomas
Lee au engine drawer and Jean Trainer, a Braman, ern.
ploired upon the tdc:ath Waters Raibray, stateetteced to
take their trial upon an indictment which ahargral them
with the manslaughter of fin gereoos—camely wlda•Ph
Clegg, Joho (kippard, Edward Hall, Robert Wilkie, and
William Winfield.

It was a matter of some surprise that no learned counsel
should have been instructed either by the government or the
county to conduct the Fricative, and the wise would have
bees left altogether to take its there if the court had not
digested the depositions to be placed in the hands of Mr.
W. M. Best on Tuesday afternoon' aid that geotleman
therefore conducted the prosecution. fier'paat Ai/hating
was spatially retained, with Mr. Sleigh, to defend Lee ; and
Mr. Pia:trick and the Hoe. Mr. Thesiger appeared for the
other prisoner.
The karma carrel for the prosecution briefly opened the
came to the jury, and the facts will be freak in the recollec-
tion of the public. The charge aroma out el a fearful acci-
dent that took place at the Reiman Station oa the Tardy
of the last Aeon Ears, when one train ran into 'anther,
and the result was that five persons lost their lives, and
several abed were seriously injured. The principal porta
were that • train was despatched from Ascot at about tea
minutes ppuut seven in the evening, and that five minutes
afterwards another train, of which the prisoners were the
driver and the aroma; was despatched hom the rune
station, and while the first train was in the set of starting
front Egham tt was run into by the hire, and the remit
was as above stated. It appeared that those who had
the management of the second train were not
made acquainted with the fact that the one which
preceded them was to stop at Etta" and that the driver
sad guard of the first train ware also not made acquainted
that a train was to follow them at so short en ist-
tertal as five minutes, sod the unfortunate amides&
was undoubtedly, in a great measure, attributable
to the want of proper arrusgemects oa the part of
the superior officers of the company. The learned
camel, in the course of his address, adverted to this cis-
cumstsaos, and said that even if the jury should be of
opinion that the arrangements made by the company foe the
protection of their paseengets were note* complete or perfect
as they ought to be, he should still cordead that if the
prisoner', by culpable negligence of their owe ether by
disregarding the signals or by going at too great speed, which
prorated them from stopping the teals, had caused the
death of the unfortunate persons who were the subjects of
the indictment, they would he amenable to Urchins that
was preferred against them.
Mr. Jolts &repo, the resident engineer of the railway,
was the first whore examined for the proescutica, and he
produced a plan of the lose and the signals where the ster
dent occurred. He also spoke to the durum at which the
signals at the station should be seen, end said that one
could be observed at • dietetics of 500 and another at 1,200
yards.
In onan-examinatiess by Serjeant Belhiatiae, this witness
said that the usual danger "goal was red, and the gyre
was to imply that caution ins to be rod by the driver of a
train. On the cannon in question he believed, however,
that directions were given that the red algae] was only to
be regarded as a caution signal. and that trains
were not required to be stopped wheel it was ahem,
but merely to proceed with ration. He also said that
there was no creamier for turning the engines at the
Ascot Strand, and consequently upon the retarn journey
the tender wee before the engine. This would have the
tendency of reducing the break power, and it would also
care a rupture of the coonnunkatios heaved° the grid
and the drover of the engirt He said that he did mot an
any objection to trains being started within five minutes of
each other, sad it was a common practice upon all the all.
way line". He was not aims that open all other lines
were such • practice was adorned it was always in combine-
ties with telegraphic commuuicatioa between each station.
He did not believe that riot the telegraphic commorm
tics would be any additional protection.
Sorjeent Dallantine (to the witness)---Then, if that is es,
why do you always make use of the telegraph when the
Prince of Welds or any other of the royal family are
Wave/bag mon the line ?
Mr. Stapp—l suppose it is considered as an additional
precaution.
Mr. Serjeant Ballantine—You always do use the telegraph
slim there is a royal train upon the line, do you not!
Mr. StniWe do.
Se:joint Hdlantioe—Than I suppose I may infer that you
make nee of the telegraph when you consider the life of any
porn Indelbog upon the line is of importance'
Mr. fitimp-1 believe the line could be stocked better
without it.

Serjiaatßallaatiae—Thes perhaps it lidos. to *Wasps
the lite of the Prioce of Wales wises ►a travels epos %belies?
(A laugh.)
The wither theo, io farther crowexasolostioo, stated
that it would be very difficult on such days as the Ascot
Races trail° so we the telegraph between the last:loos, sad
he considered the Isaias could be worked with equal safety
without.

Mr. W. F. Godson, t►e teaks meager of the lid, pro-
duced some special printed regulations that wore head to
all the drivers and guards and evert pored em-
ployed upon the line, for their 'valence during the
race week at And One of these wail that platelayers
wire to be guided along the line between
Waterloo mad Ascot, with instractioes to rival trains
throughout the day and until the last train bad posed.
After the poring of every train, they sere to skew a stop
signal for live minutes, to be followed by a cantles signal for
five minutes more, sad after an interval of ten minutes an
all•right aigsal waa to be shown. When the red, or ordi-
nary danger signal WY ILithibited, the togiDirlDolll tin not
to stop their trains, bat to proceed on cautioody until
the obstruction was seen. This gentleman then west on to
say that plate-layers were employed along the hos in
accordance with the above
.regulatioo, and he assisted to
start the timid from Ascot in the evening after the races.
He remembered the two Leine starting upon the night of
Unshaded, and to the best of hie recollection there was aa
Interval of is minutes between them, although some other
trains had base plaited at aa interval of live mantes.

(ran-otamiud—Witaer did not ii;,,uTeirTnn. of
these traias any inetrneteses an to the speed they were to
travel &knot tell either of tie prisoners that the train whisk
preceded them was to atop at Aghast. Their train was not
to have stepped until it got to Maisie, whirl was the sett
static*, and they would have been justified is swain past
the Egbam station if the line had been clear. One of the
rules of the company was, that the driver of every taiga
should be informed rhea the pesolocis kids started, ..4
when it was to stop, hat this rale was sotaarried out on the
night of the amidest. The prissier Lie was the driver, sad
the other primmer was his fireman, and he was bound to
obey his dinctioes.
Mr. Justice Willis said it appeared to him that than was
not a tittleof ',ideate tosupport the charge .gannet the
Pra-
man, or to show that he had in say way been instrumestal
in causing thesis:Weak
. . . . _

Mr. adsoe, in wirer to further questions put by Ser.
jeant Bed Laraine, mid that in his opinion the me el the tele-
graph between the different stations was sot an esseetil
course for the protection of the trains, and it was messy
made me of where bar Mayraty or the Primes el Wales or
any other member of the royal family were travellieg upon
the line as an estrs precaution.
Serjesat Ballantine said he should be glad to be isformed
why the laws pro:entice viatica takes for him or say other
of bar Majesty's subjects who happened to be travelliag
upon the bee. . . .

Mr. Gods°, repealed that it was sot considered seeninery
that the telegraph should he used up= ordieary occaorms.
Sarjeant BalMoline said that if he at all understood ow
of the regulations that bad boon produced, it meaat that
the signal which ordinarily mato, that a driver waa to stop
his trsinom this day iodicated that ha was to go on.
Mr. Gad on said it was so. It was so exceptional rats
made to meat skis ionseased traffic of Um now

Serjeantllantine—So that with the thcreued traffic
there was also as inf.! NW of danger!
Mr. Godson said he did Dot see that. bathed of stopping,
the engine-driver ersa to go oa gently wind ho came to the
obstruction. The trains started every five minutes, so that,
if a train bad stopped, there was danger that the ass which
followed would tun into it.

Serjmat Etallantine—So that, instead of stopping whew
the signal was shown, the driver would go os, and take the
chance of running geotly into a train that might be before
him, io order to avoid being run into ferociously by me
that was Labial (A laugh.)
Mr. Godson smiled, and seemed to agree to the proposi-
tion of the horned serjeaut.
Mr. Justioe W dies intagliated. and Inquired of the witness
whether he wee seriously to undentasd that ►e adopted the
tuggeetton of fierjeant B■llastiae. if be did, all he could
say was that it would really be a magestiou worthy of
Peach. (A ►augh.) Wes be really to sudgestaed that the
object of the regulation was that the driver of an engine
should run gently Auto a Maio that was before him rather
than he should be run into ferociously by ewe that was be-
hind? (Renewed laughter.)
Mr. Godson said of coarse he did not intend to agree to
any soch proposition.
John Walters. the guard of the first train, proved that
while the train was about to start from the Erika= station
he heard the other tram approaching, sod wiles they bad
moved shout sixty or seventy yards the collision took place.
The wood train was in view four or five 1111111112 US before the
shock. The aaxilisry danger signal bad been hoisted at the
time his Main was moving from the station.
Is cromexamisatiou the witallei said that the primmer
Lee stuck to hie engine, sod seemed to be doing all he could
to stop it to the lest, and be did not endeavour to protect
himself from injury. He alto said that be was sot aware
whei he started with his trails from Ascot that mother
train was following him that was to atop at Egham. The
first Mats was delayed about half s minute at Egbaio is
oomequitere of sumo eard-sharpers Wag given into custody.
He was aware that daring the race, the rid scuds were
merely to be regarded as moan signs's.
Muirows Dyson, another amid is the first train, gave
similar evidence. He impressed his opinion that at the time
of the eallision the mooed Mahe was not going at a greeter
speed than 10 or 16 miles a■ Leer.
A number of other witnesses were thee examined. The
effect of their evideme appeared to be that the sigoals were
op at the station when the first Maio started, and alto at
other place* cloys the line. It was also stated by some of
the intonate that Plies the aimed trate was within a die-
tetics of threoquarters of a mile of the swim it was going
at a speed of Su miles an hour. There was, however, some

coseiek a batistes; apes this pellet, ion or two of the
witoesses statism! thin to lbw opieimm the psis was sot
greater than 30et 35 miles as Mar. • Oep of thews witnesses
in orossmiaminatiem said that he believed that if he had
hold ap • red gm to a tests oo this day that the Main
would have stopped m usual, sad be w sot told that the
red meant so more Una the ordinary gram caution elgasi.
Asother of the whoever maid that if he had wished to stop
a bats be shield have Mond fag sigmas arms time lies as
well as have exhibited the red flag.
Mr. Justin Wilke otememd that if these regsktioes
mold he eadmitacid at all they mooed to meant to tide—
that fog signals were the same as red, sad that red wee the
same as green. (A laugh.)
Mr. Archibald Soot., the traffic manager, was then plead
is the box, but the learned judge observed that be bad
looked at the depositioes, sad the only thing that he seemed
to be able to prove wee, that is his opinion it ems sot dm-
gerem or improper to start toms at ea interval of live
minutes between them. That seemed to be his opinion,
and that of moms of the other alms of the railway ; bat
he did sot believe that any of the public would be fined to
fortify that opinion. Mr. Scott was not, Morelos%
examined.

Joespi- Boss, the driver of the ant teen, was thew
examined, and in answer to some question that were pat to
him by the leaned judge, be stated that when he started
from Ascot he had to stop at five stations, but no instruc-
tions were slyest to him either as to the pace he wee to travel
or the thus be wee to arrive at WMerloo *atlas. It also
appeared that one of the pards of the mooed trials bad
'Mended anon the day after the accident, and nothing
had been heard of him since that time.
Colonel Yolland was then plaited is the wit:see-box,
Mr. Justice Willis, however, obsessed that be did net
see what evidence he was in a position to gin in referenda
to the present inquiry. He could only be mind two quer
lions, one of which sae, how the lion was massed, whia
affected the emepany and Dot the pressers ; sad the other,
whether in his opinion the pitmen might to be convicted,
shish we aquestion early for the jury.
Colossi Yollend was the. Moat to skin but the ken
encased a wish to hear his opinion whether the train
Mien' by the prisoners could have been stopped between the
signal at a place called Rusham-green and the Fghant
station.

In reply, be Mated be thought it might, but that tee
tender being In front of the sagas would plena the break
power ilea being fully applied if the second amid at
the rear el the train hsd neglected his duty by omitting to
put on the break, that would also have materially prevented
the train from Wog stopped. la answer to other questions,
Coloael Yolland stated that the system of aterting trans at
an interval of only 8q mantas basea mesh other was
carried out upon many railways ; but, in his opiate, it was
a very dangerous one, unless it was acammarded with special
precautions. He addsd that a great many accident. bad
occurred in cosaquesee of the practice Waved to.
This woe the came for the pecesoutioa.
Serjeat Ballantias said be should submit to the court
that there really was no evidence whatever to be laid before
the jury in support of the charge that was made avast the
primates. In can of this descriptaa it wee &Moult to
della exactly what amounted to pas negligee°. or Grim'.
reality ; but cia the pneset maim he should ay broadly
that then was no evidence at all to prove that the primmer.
had been guilty of either one or the other. With regard to
the speed the allows was mat conflicting ; sad ate if the
trainlind been going at the pace stated by some of the wit-
names, he should submit that the prisesers were justified in
going at such a speed, when they were aware that a tea
Would be started at an interval of five minutia after them.
Mr. Justice Willa interposed, and expressed hie opinion
that there was not suJlieieut evidence to show that the pri-
soners were accountable for what bad waned. It was
clear that there was very great toefeacm with regard to
the signals, and after the steamiest of Coital Yoiland it
appeared to be rationally probable that if the seeend guard,
who had absconded, had sot neglected hip duty in applying
the beak the train might have Mao et ed, sad the
ataideat would not have taken place. Aso paint was,
that the praisers were entirely ignorant of the fact that
the Brat train was to have stoppeQ at Egham, ad that, as
cording to the signals inst ad of being stopped It the
Rusham Matas, which was at so great distance from
Egham, they were actually, according to the regula-
tions, invited to go on. He did haw what the jury
thought of the an, bat he most say for his own
part that he thought the ',stem that bed been adopted
was a wrong one, sad that if etilway ocenpeake weeld per-
eist in pursuing such a system, and fatal secidents regatta,
juries would be quite justified in compelling them to pay
heavy damages to the relatives of than who last their
I lives solar each circumatences. The questise ea the pre-
test oneasioe was whether the driver of a train, who was
keo in knots. .a of the Mate of attain epee the line, was
to be lea responsible for se aceideat sal se this, and this
was the only question for the jury to ormaider.
Mr. Beet urged that it should be left to the jay to my
whether the driver was not guilty of criminal negligence in
going at such a speed as 50 miles an hour when so near
the statical. lie admitted that there wet some coalliaing
tatiesay upon this point ; but be submitted that this was
• matter for the ea aderatios of the jury.
Mr. Justice Willa aid he doubted whether this was sue-
Meat under the circumstances, and that in order to justify
a jury in coavictieg it most be shown that the prwonen
I had been guilty of grow ad culpable negligence of such a
character ea could sot be misuadentood coasidered
doulataL

--ti-fiarserne further discussion, the learned judge said
perhaps it would be better not to withdraw the case from
the jury, and Saimaa Ballantioe accordingly was about to
address them on behalf of the primness.
The jury, however, interfered, sad said they entirely
colocided with the view that had been taken of the cam by
the learned jags. They were strongly of opinion that there
had been no cralpabie negligence on the part of the winners,
and that the accident lend ernes in omincineocie of the corn-
posy Invite( given daageroeu iostructiooe which could not
be carried out.

JUNCOS W MIS mud that he was of the mine opinion,
and that it would have been very wrong to cooviet persons
in the position of the prisoners solely became they were
usable to carry out arrangenmets of the dsecriptioa that
had been referred to. It seemed to him that the accident
was entirely to be attributed to the mistaken regulations
made by the company, and not to any crunioal negligence
ea the part of the prisoners, and that it would only be •
urea of time to proceed farther with the inquiry.
The jury then returned • verdict of !(or Guilty. A similar
verdict was then take, upon the coresers inquisitions, and
the prow, were ordered to be discharged from custody.
Than is only one criminal cam remaining to be disposed
of, so that in the coulee of to-morrow Mr. Justice Will..
will no doubt assist in disposing of the cease list.
On the civil side Baron Martin tried several common
jury moms. bat now of then presented any features of
Midwest to the public.

THE POLICE COURTS.
_ BOW-EITREBT.

A young German. eaMedPeerifeLler, wee charged
before Mr. Vaughan with having been toiled in the bcdrocen
et • home, is Hanover-West, Legg-sere, under the toMowieg

khaki. Samuel, of 17, Hanoverutreet, the wife at a eigar
manufacturer, stated that she waa ia bed with bar hasbaad
as the morning of the Zith ult., at shoat gee or six, 'rhea
soddenly wakbag up, she saw the primer ataadMg
the aide of her bed with hie boots in his band. She rlld
ash sad woke up bee huabeed, who immediately gee up sad
dreamt himself and went oat fora countable. She imbed
the primmer what be wasted there, sad be replied at some
regth ; but r he spoke is the Gems. {assuage, eh* could
sot vederstand what he said. Prissily her hushasd
returned with a constable, mid tba pruosr was given into
charge. The house had not been broken into. The pri-
soner was • stranger to her, and there were no iodise is the
eae‘ or say asswhom he could have desired to see.
William Wilke, 143 F, deposed that after lodging the
prisoner at the elation-house, be examined the premier and
found that the prisoner had entered through the kitchaa at
the heck of the house, the door ol whisk yea usually lilt
open. lie had evidently got over a wall, and &stag hie
transit his bat bad fallen off, and ems feud is a roam is
the seat house—it baviag gar trawls • window at
Ne. 18.

14)prieceir was remanded for inquiry, and it was rose-
tained that he had just bees committed for a week for ►dag
found eonosaled in the area of soother house.

A yang leas sow Wooded ea inierpreter, cad stated
that he bad a:plaioed the charge to the primmer, and had
enlivened a goad deal wit► hits. It appeared that the pri-
mar l►boured coder the strange &Maims that, being a
Gerona, and named Huller, be should be mistaken for
Frees Muller, the supposed murderer of Mr. Brim, sod he
had been hiding himself, and almost starving, is his omeeil.
moot. He bad bale • merchant's alert is his owa eoestry.
Hie mind had evidently beoome affected by this angular
spereitrai?!l. _ _

B duree. too' of Mr. Vaugbam the prirooer was taken to
the • Consul, who could utmost hint, sad then to
the morkhouee, u a outdoing lunatic.

WOHSHIP•STREET.
Edward Forle, seed 21, of Jenses•street, fleivretae,
shoemaker, wee charged upon soapisiots of causles the death
of • man earned Jobe East, in the service of the Indiepsodest
°works Company, at Hackney.
Find (from lb. Abbott's Moss) eppeared for the
defeats.
_ _

Rickard Limpton said—l live is Baden-pleor, Loathe-
fields, and worked with the deemed at the ltdepsedeet
Giewerks, which we left together on Saturday afternoon
at • quarter to three. la going home we had to par throomh
Itiothers-place, • marrow purge toadies out of Be A •••
domes-reed, and ova eateriag It 1 Mr the priMmer sitting
dove at me of the doorways, with his legs stretched Oct
across the passage. I do Dot know whether the deceased
saw him but oe getting up to him East, who woe per -
featly sober, stumbled over him liege, sad the prisoner
made us of some coarse Wigwag*. The demand
replied, "Wby don't yea sit op? 1 did act ese osi ;• sad
we pored ea together. Immediately id 1 beard
the primmer jump up, sad on harping round my hied
lam his strike the dimmed with hie Sat a violent blow
se the ate of the head mar tb• ear, the primmer W-
ith, behind him. The blow was violest, sad the deceased
fell upon Wilms; striking his head, jest over th• ri eye,
ths brick wall, and • wooed was • from
whith • great deal of blood rut. lie remised on hie keen
in that positive for several mond; duriag which the mi.
sonar west away, sad I this curbed last to the houses of
two surgeons, imam of whom wee at home. While return-
ing with him in search of 'stellar I met • surgeee named
Gresewood, who on seeing the state the use me la advised

his lastaat removal to the Laredo, to white wo twit hie,
sod ow my visa there to see hire to-day I food he was
dead. Ho was in vary good health before this.
Craw eassekied—Tbe pairpte was not wide eacugh to
allow the decoluied to paw the *sops% iu the poeitias he
was is, without tall* over his km, bat I do sot think the
blow the prisoner gave hia woeld bare injured him so
auk If he had act ago fake spinet the wall. I Define
they were strewn to each other.
l=r id Webster, the If elvidcm, headed in amid-
eate/dr. Bowater Verson. hoses stsiodo og 84 Bar"
tholasew's Hospital, which stated " that John Bait. 50
years of ego, had died is Um hospital that moraieg fro& the
affects of injuries sustained io the brad. through haring berm
'mocked down as the day at his advaitioo,' rad asked for
a secosad to suable lira to produce the surgical
tsatissoisy, which Mr. Cacho sawn weeded to. mimed
to &dials the priecear to WI.

SOUTHW ARK.
Walter Bressgeld, the driver of haeirmy cab No. 8.212,
was sammeard before ]fr. W by Mr. W. Hoary
Hloohaugh, a barosterat.law, for reladog to drive him
hum the South Baden Railway Station to the Ring's-omen
Station after Wog hired by him.
Yr. Smith, the Secretary ylo the South London Cahmee's
Obith, was preempt during the investigatioa, the defame
bang set up that the defeadent wee not plying for hire, and
that the Ileuth Seaters Railway Station was private pro-
Perth
The complainant said that so Saturday wrinsinkastzt
six o'clock he arrived ban Dover
.by the South
line, sad wishing to catch a wheeler trails alKin/es-
crows Railway 'Statics. be called the defendant, who
was ea the top of the lochim and having takes
his seat with a friend, desired him to drive him to that
place as quick as poisible. After marling a little, the
defendant suddenly palled up and askedwhat he was ;min
to pay him? He told him be should pay him his proper
fare in addition to a trifle for getting him to Kiegb.erom ha
time to caMia the tram. The defendant then demanded to
know how much he was going to give, and se his MU* kin
be should me when he got to his deadiaation, the defeedaut
refused to drive him at all, and ordered him eat of his
vehicle. He also refused to elate hie number or drive to I
the polematatiee. His friend, however, took the number
from the back of the cab. s
_ _

TheiefesdanisSrithat be lad just set down two gentle.
Des at the South Easter. Station, and seeing the own.
plainest having a dispute, be @topped to nee what wee the
matter, when be and hie friend jumped into his cab end
ordered him to drive like —to Eing's•crone. He told
hire he could not take them to get there le time far the
train, wham they jumped out and told him that they should
summon him.

Ur. Wootry& observed that it was r vary bud eam, and
he shoaki impose a penalty of 30s. and oasts, aad is default
ef tereent commit him to the House of Connection for six
weeks, with hard labour.
THAMES.
- • • • - -

Alexander uhr a Weir.pw brought ham Mr.
right 7
Pagetaharged with violently eassidting him wife.
Ambridge, a policmconstabla, 192 If, put in a reedits'
certificate staring that the injured mamas, Elisabeth Weer.
was is the Leedom Hospital, suffering from iojurias on the
abdomen, and was in peat danger. Ambridge then pro-
ceeded to state that be wee celled into the home, No. 23,
Lesnan.otrest, White:dispel, on the previous atomics, at 4
o'clock, sad fond the priromer's wife lying on the gist Mawr
leading at the top of the stairs, Sim complained of great
pain. Her hoods Wan on her stomach, and she said that
her husband had beaten her and kicked her. She was ha-
mediataly taken to the hospital.
Mr. Steidart, solicitor, who appeared for the prisoner,
mid the woman in the hospital was a perms of very drunken
and dissipated habit., end that she sold her husband's pro-
perty. She was intoxicated yesterday, struck her husband
across the head with a poker, and scratched his face. She
was a bulky woman, and fell down on her face and hart
herself.

Yr. Paget remanded the prisoner for a weak.
Btoddart asked that magistrate to take ban.
be Mr. Part—With thin osrtiheate Ware me I cannot take

Mary likattliay," sad the maw at team map Mt Ida war-
rant far Der oommittal to Newish, far hLI.
The seceded was of terser& *sandmen et the nwell
Polioe-oourt, sad theme also committed for trial on the
charge•