The Express.
London, England, 1864-12-20 00:00:00

THE EXPRESS, TUESDAY EVENING, DECEMBER 20, 1864.

THE CATASTROPHE ON THE NORTH

KENT ItAILWAY.

THE INQIJEST.

TLc inqucnt upou the bodies of the unfortunate
men who were killed in the recent lamentable collision in
the Blackheath tunnel was opened yeetenley at the Rail-
way Hotel, Blackheath, before Mr. J. C. Cutter, one of the
coroners for Kent. Mr. Freeland epramed to watch the
ease on the part of the company. Mr. Moeller. a barrister,
wee present on behalf of the signal man James Jones, to
whose mistaken signalling the accident is attributable, and
Mr. to Liston appeared on behalf of some of the sufferers.
Mr. knight, traffic superintendent, was also present, as
were Mr. Chapman, Mr. Cl.cdon, station-masters, Mr.
Harris. and other odici.ds connected with the company.
_ .

The Coroner, in opening the proceedings, cautioned the
jury not to be led away either by the magnitude of the acci-
dent o•r by the various accounts that had appeared in the
newspapers to draw any conclusions but such as were fairly
deducible from the evidence which would be laid before
them. Their trot duty would be to aacertein the exact
cause of the deaths of the unfortunate plate-layers, and
then to say who was to blame, if any one, for the accident.
The jury then proceeded to view the bodies, and on their
return into court, _

Thomas Jones, a platelayer, residing at Beckenham, Wen.
titled the body of his brother, William Jones, who he said
was n years of ado, and unr.noried. He also identified the
body of Wm. Wade, 23 years of age, a platelayer. Wade
was a married man, with one child. He knew Wm. Seely,
another of the platelayers, who was killed. He was :0 yaws
old, and married; also Robert Morris, 20 years of age,
unmarried.

Edward Ningbold, of Charles-blunt, Old Kent-road,
stated that he was timekeeper of the permanent way on the
No. 1 district of the South Eastern Railway from London
to Maidstone. He identified the body of a man who went
by the name of Henry Smith, aliu Patchy, a labourer in
the employ of the company. Jona, Wade, and Morris
were labourers. Seely was a platelayer, 47 years of age.
Joors had been in the service of the company three years,
Wade ten years, Seely twelve years, Mani seven years,
and Smith about six weeks. Witness was at the Brick-
layers' Arms station at the time of the accident. He ex-
plained that the labourers were under the platelayers.
lhere was in fact only me platelayer.
la reply to a question from the Coroner,
Mr. Freeland stated that there were four persons in
charge of the ballast train—the driver, stoker, guard, and
breakaman. the eogine-driver,doker, and bruksman were
under the orders of the guard.
Thomas Dowsett •worn-1 live at Ashford, and am en
engine driver in the employ of the South Eastern Railway
Cowpat.y. 1 bad charge 01 ballast train on Friday from
Dartoi .1. We started from Dartford at 3.5 p.m., with
trm'is and two breaks. engine, and tender. The engine
was fir-t. The trucks were all loaded with gravel ballast.
It was an ordinary train for our engines, and use loading was
not particularly be..,sy. but 1 do not know what aright of
balla‘t was in them. The engine has a pressure of 110Ibs.
to the square inch. Ido not know the bone.power. The
first stoppage would be beta eel Dartford and Erich, about
two miles this side of Ihutford. We unloaded eight tracks
at that place. During the time that we unloaded the eight
trucks as uncoupled and ran up to Furness aiding and Wok
on nine. We thou went on to Abbey-wood and detached
the eight empties, after wukh we proceeded to Charlton.
station. sod stopped there by signal about 15 minutes. It
was near about I o'clock when we stopped at Charlton. We
then went on into the Illackheath tunnel. The train con-
sisted of 23 loaded trucks and two breaks. The ballast
guard. the stoker. and myself were on the engine. It is the
poet of the guard to bo on the engine. There was no one
to the lust break. The guard on the engine receives all
orders and gives them to us.

The Coroner said —Then the first break is useless?

Witness—There is no one in to work it. The guard orders
where we are to .top +VA 1,010. ed or load. In case of swer-
ving, he would get o/ toe engine and into the break. the
stoker would work the breaa on the engine. The breakswan,
Thomas triads'', was in the break at the end of the train,
an.; Lere were a,s or 'even men to the break with him.
I saw thew get in at DArtfurd, and some got out where we
unloaded the ballast. We rewired the order at Charlton to
go on I. signal. We blacked the train between the Wool-
wich 'asap' and W0,1at...h Arsenal to let some men get
out. V.. did not 'lack for aoV want of power of engine.
We proceetled through the tousle! at a moderate rate, and
had iot from half to three parts through when the engine
began gipping.

The to.rro'cier—llad you tail Lihts on'.
Witncu— I cannot boy. I did not go behLid the train.
The engine slipped from the grata), state of the rail and
kept on stipples ti.l she came to a stand. The Whist guard ;
on the cootie gut off and proceeded back to uncouple a
poetiou of the train, but whether he had not got to the I
vragg:a h- was gcing to uncouple, or whether he had un-
coupled them when the other train ran into us, I
canon; a Ile mane back to me and told me
to go an with part of the trair. Before that he had come
back, and naked me what I had moved the train for, and I
said. "air good n,an i hare I.ot moved an inch," but I
min I felt et if socuetumg Lad bone ou to us, and had given
the ...Non, a jar. The coilitton bad occurred at that time 1
believe. Whence tau puyle we always uncouple ball the
train. At that thin the tunnel wee full with our steam ;
Lion ing off, and the 'team of soother train, and we could
hardly Lear ourie:ves speak for the noise. He west hack
vita 1:3 mate to prevent anythiug corning in, having first
told rue to go on with the half of the train, arid I did so. I
then went on with the to the Blackheath station, and
in pass og the ;Opal-bx 1 held up my bends and told the
aigno:man to Lord hard, sad I told coy mate to go to him,
at/ tell hum that aciluettorg had occurred in the tunnel.
and then I went on with the twelve trucks, and put them on
a siding. I then went back to the station, followed by Lan-
caster, who had rvu up to the platform to tell them that the
tunuel wee blocked. They went back with baud-hoops into the
tunnel to see what the obstruction was. I did not leave
the miue. I got some of the carriages that were standing
on tea up liue at the statics, and backed them in tut the
putp...e of conveying any of the passengers who were
biome:it nut of the tuouel. I have been two years in the
eetsece of the company. and iletiOtte to that I was driver
so the ;Mat Northern eight years. I have also beep in
India. Tire foal of tweuty.thire trucks %ea not heavier
than what we had often brought before, but there was a
little more dini culty whes we stopped at Charlton. 1
believe the gradtent in the tunnel is one in lie), and it is
up LC't '. the into from Charlton to Blackheath. We wore
all We hove to work the ballast train in between
we ou:ii. We had to run to Bricleay en' Arms in
that way iietweet trait•. If we were too close on a trsiu
cos ciu about at Woolwica Atoned and Blackheath,
but m.t. at Co:alto:1. I was under the orders of
Lanc oc,r, the guard, as to whether I was to go
on cr out. I cannot toy who the porter was who
was a :tie! at alga:away. _kr:corning to the proper
welkin_ of the signals so train could leave before the lino
wan :r. It appeared to me as if some train or engine bad
come it. front of us and forced us up. Al our trus.l.a were
together batter ti bulftr. I sent my mate forward and

myself that there wu ootLiui in front. IJo not
Uwe, the of tLe e4ine and tender. When we carne
toast we were in curve. which made it more dill-
calt t,, g t oi. lem perfectly satieied that we were on the
carte. ad that would p.ol,lily be the !mown why I did not
feel ti e ruin, n7ore. tba time I left Charlton the
expre•, troy, was due at Wcolwich. There would be a dd.
Wen- ah.t.* three or four minutes.

. _
A .l.,:rvnitu—rie queation would be whether the ballast
train sh:oald have been shuated at Woolwich.
Tee Comner—The turd was the man who ordered him
to go on. I don't thinle an)thin4 will arise on that part of
the ma', bee nave the ex ;len, tr..,14 win stopi.ed at Charlton,
and t, en there w, 4 a break (loan of the ballast train in tho
Unto,' . The • laneiot) in, %hat was do&e to prevent accident
after the
re.lienoi—Thettint.el wan wetter than usual.
It l Laken us Insert• or thirteen minutes till we came to
:and t five or six minutes after that that
We n- OL. That an, three minute., after I felt
the The guard count not see, and we rout not
hear •:n-lees *peek beesune of tie boar, of the steam Unse-
r= oat. d cot stop t Lat. 1 did not get off the engine
till aft, i batten else twelve trucks nut.
137 Mr. W'.• diet —I sboold allow myself thirteen to fifteen
minut..s to vine from Charlton to lileekheath to a ballast
train.
By r, e r —We have to ta'se notice of the elms
Mein u s:.tnal, whether it wan at danger
or not. Tuet si;nal was a.:l r‘l.t. I don't know how
Want siznal in worked.

1:c ou ant WI bow long it take: w pas.
weer tame to co from etterlton to Iftaekbeetit. 1 believe
it 111 ai r. Pi•\tU uilnwem i* tl'o baK.k.

Be M.. Fr•rland--I have ter.•t toms the diver of a pas.
mintier between Charlton and I:6ekheath.
The (..noner—t. direct, the number of trucks to make
up a Irma -I do not know, but if we go for sleepers we put
on m.,re. If there ts more then a• con more we put them
off. I; tropes are generally tilltd in the same way, and
2: is ti..• ordinary
By Mr. Freeltud. -The engine stopped for some time
before it ewne t., a .tawl ; when It ..topped we mane on
very I unt know whether the guard had fog
I; a the duty of the breaksume and coder guard to
run i tai a•op soy wlVAueitg tram. Whether he WILD
1112pyil.ti Nita for .ignAla I to not know.
• "

J u: man— i I )..si nylon of slipping before
—No, we had not ; we entered the tunnel at the rate of 10
or 12 LltidS an hour. I have previously divided • train in
the Li tckl.eatii tunnel and took the first part out and then
went hark and Lionght out the other port. That was a
few n.,ntlis ago, sod about three in the afternoon. As we
get up to the 14.11100 we slack so as to infotio the signal-
man. Ou that o. cation the hreeksman ran tack with fog
ai,roals Tht breakaman used to carry a few fog signals in
be po-•ket. When we got back to tale the remaining
part of the train out we whistled, and then if the fog
signals were not wanted he would pick them up and
get roan his break. We only have one ballast-train regu-
larly t,o tots line, hot WON of the other trains occasionally
some down to Augerst.in wharf for sleepers.
itobgrt Barclay sworn-1 live at Ashford, and am en

engine stoker. I have been in the company's service tea
yeas and a half. We came away from Dartford with
trucks. When we enter the tunnel it is my duty to get
on the sand box and keep the line sanded. If they do
not stop us by signal at Charlton we generally get through
the tunnel very nicely, but we have difficulty if we
are stopped by signal at Charlton. On approach-
ing the curve we were going so slow that I
got off, and thought I could put the sand down better with
my foot. We wanted to get through the tunnel
as soon u possible, not because there was a train behind,
because I knew it would be stopped at Charlton, but be-
cause we did not want to detain it longer than we could help.
The guard was going down to uncouple the train when I
felt a shock. At that moment I was getting up on the
break. It only seemed as if a train wu come on to us
slightly. The guard then came back, and said he thought
we had better go on, and we did. When I passed the sig-
nalman I said to him, "We have only brought half the
train out ; we have left the other half in the tunnel ;" and
he replied, " Oh, my goodness, what shall I do r or some-
thing to that effect. I said, " I don't know."
The Coroner—Did you ask him for any explanation
Witness—l went to lend my mate assistance. The siinal-
man did not say what he had done. I told him something
had struck us behind, because I had ascertained that there
was nothing in front.
The Coroner—Did he say anything to that
Witness—He said, "Oh dear, what .6111 do r At that
time there was the green light at the Blackheath signal for
us to go on. The Oval box is this side of the platform. 1
did not see the signalman enter his box. He was standing
near the box door. He did not speak to me find. I said,
"Don't signal us on, because we have left one half
in the tunnel."
Have you any authority to leave your engine?—\o,
not without my mate's order.. I have been in the tunnel
once before when we divided. We only felt a heavy bump
from the collision. It must be heavy for us to feel it, there
being so many carriages. I cannot say whether the car-
riages were uncoupled, before the collision, or whether
Lancaster uncoupled them afterwards. I heard him com-
plain of the train being moved. He was gone out of our
sight at the time. From the time we entered the tunnel
till the time we began to come away was about 10 minutes.
It is rather difficult to siert from Charlton.

••By Mr. Woollett—When 1 passed the signalman on the
engine I jumped off and spoke to him.
By the Coroner-1 have been told by my mates that it is
my duty when the train is going very slow to get off and
put additional grit on the line. Generally sufficient sand
gore down through the sand pipe. I hare been with my
present mate mace March last.
By the Jury—One down train passed no just as we
entered the tunnel, and another just as we had come to a
stand•stilL . . .

William Henry Lancaster. the guard of the ballast train,
was then sworn, and deposed—l am ballast guardsman, and
hee at Ashford. I took charge of the train from Brick-
layers' Arms to Dartford. I left Dartford with twenty
tracks of ballast and two tracks of stones. Altogether
the load was I• 20 tons. That was a light load. I never put
a heavy load on the North Kent, on account of the tunnel.
I have brought thirty trucks through. We were stopped
by signal at Charlton sixteen minutes, and I have sacertained
it was in consequence of a coal train before us. I took my
*as on the engine. It is the usual thing for the guard of a
ballast atmin to be on the engine, to give instructions
to take up and let down trucks. I told the driver that we
could not shunt across, on account of the down trains.
When we entered the tunnel it was dry at tirst, but after-
wards the rails got very greasy. When the train came to a
standstill I immediately got down to send the breaksmao
down the tunnel behind, but before I could get to hint the
collision occurred. I had not time to get to the back of the
train. When I heard the collision I weut back again to the
driver, and asked him what he had moved the train for,and
be said he had not. I then went back and heard the people
groaning. I uncoupled the train, and then went to the
driver and told him to go to Blackheath and tell them of
the collision. I an, certain that 1 bad not uncoupled the
train before the collision occurred. When I went back to the
driver first and complained of the train moving, he told me
that it seemed to him as if something had come up to him in
the front. 1 knew that was not a likely tiling, and I went
in front of the train with my lamp, but timid nothing
there. Then I knew that something must have happened
at the back of the train. Them I went and uncoupled the
trucks, and it was when I west to uncouple them that I
heard the shrieks. The air in the tunnel was very thick
indeed, two trains having passed and ours being in. We
were in the Wooed ten minutes before the collision. When
the part of the train was going oat I missed my foot and did
not get into it, and I ran after it and got to
Blackheath nearly as soon. fader ordinary eir-
cumstaoces it was the duty of the guard to go back end
see that the breakaman went back to stop the trains coming
on, but I could sot get back in the state the tunnel was.
We had red tail lights and a tail board on, but it could not
be seen 132018 than a few yards on account of the thickness
of the air—not far enough to enable a driver to atop a train
going at ordinary speed In time enough to avoid an accident.
The semaphore signal was all right as we mitered the tunnel.
We did not start from Charlton till the order was given
"all clear." When I got to Blackheath the first person I
saw was the driver of a down train who had just stopped at
Blackheath, end I told him not to go on, that the
tunnel was blocked. I secured that train, and went
to the station-master, Mr. Chapman, end told him
that there had been a collision in the tunnel, and
asked him to telegraph to Loolon for assi,itaoce. (The
witness here identified the man Jones as the signal man he
saw by the box as he passed). He then proceeded—l re-
turned to the tunnel and succeeded in reacting the spot
where the accident occurred. The men who were killed
were lying on the rails near the engine boiler, arid the en-
gine itself was turned over and lay on the up rails ; a num-
ber of broken trucks were lying about. Ooe sal completely
broken up. and the others damaged. The people were scream.
ing awfully..tssoon as I got the place a little clear I ordered
some fires to be lighted, that being the but thing that
could be dose, and then the people were rescued. Tee nien
killed were riding in a break carriage specially put on for
them that they might ride comfortably. The breaks/v.5.0
was in his break alone. He le now at the Marine Hospital
at Woolwich with three of his toes cut ad. One man
named Richard Leet was not injured at all. If 1 bad tee-
med.' in getting further hack 1 should have gone to the
breaksinen before I uncoupled the carriages, and have told
him to go back through the tunnel, and keep goiog back.
It would not have been my duty to attempt to take the
train back because every yard would have been wrong.
Mr. Wooller handed iu a rule of the company, stating
that in cases in which the train was unable to proceed at a
greater rata than six males an hour, the guard or under-
guard was to leave the train, and to go back and show the
danger signal a mile from the spot where be was.
j Mr. Freeland pointed out that that was in the more of a
train not signalled by telegraph, and dal not apply in this
Inse. - . . . .

Examination Taunted—lf a guard were to get down in a
tunnel like Elackheath,a down tram might be onto him in a
moment, and .t was no part of my duty, tbi• being a ale-
nellad train, to go back. There are no shafts in the tunnel
and on means of telegraphing, but for toe safety of wen
worliag in it there are mandieles every fifty yards on each
14.10. t itir last shunting place would beat Woolwich Arsenal.
We were 25 minutes ahe►d of the express. It was quits
right to come on from there. We did not anticipate being
stopped at Charlton, and probably on accou“t of the face
we should have bad on, if we haul not been stopped at
Charlton, we should have sot through the tunnel.
Mr. Freeland said ti.at Mr. There was present to explain
the si;nal system if necessary.
The Coroner said that as this was a case in • Lich the
signals were in perfect working order, but Lail btot mis-
applied, it would not be necessary to enter into ap• ist
which 1.4 been very fully investigated on a previous
occasion._ . . .

David Tucker sworn—l live at Augerstein Junction, and
am a signalman on the Sou•.h Eastern Railway. 1 have
filled that poet nearly twelve mooths. Ito 1) ...lay last I re- 1,
ceived a signal from Cliarlton at 4.14 with rape et to the
ballast tram. The previous train wee a coal train from
Aogerstein•whsrf, and the one previous to that was the'.
3.30 train from Woolwich. That train puled at 42 to
3.43. 1 received the signal at 3.ati, and pas:va it to Black-
heath. The coal train signal arm mine. 1 stopped the up
train from Charlton at 3 :It. The signal was gist's to Black-
heath at the same tone, and the train would I.•ave at 4.1. I
telegraphed to Chmlton " Lam clear." 1 had tho alien' for
the ballast train at 4 11. 1 have three bran for a hallnat
train snd two beats fora passenger train, and the sigwil for
the coal train ea. three beats. The number of beat■ ale-
peods on where the train iagoing—if to Bricklayer Aiwa It
is three beats, if to London bridge, two beats. It w, rive
or sic minutes after 1 had teleginphod that the Wrist train
arriv”.l. 1 repeated the three bats to Blae.,hvatli at 4.14.
and the ballast tiaio came by io abet.: o,t. wloutu
after. It passed at about a speed of twelve wiles w hour.
' 1 revived the clear signal down at 4.32.
The Coroner—That would be two nunutea After the train
came to a standstill.
Examination reaumed—From the time at which I received

the.signal to the time when the pas«Aii.;et train WWI due there
was ample time to pernot the ballast train to get throir4h.
1 sent the signal I.sta, " lase cow," ail soon as I recelied

it. and then the f.at train wept up without atoppiug end
rot: ed the tunnel About 4.36. It peneraily tekea three or
four minutes for a train stopple; at Charltonto reach the
' . .

triune'. That would be tiFeelitaiuutes artrr the ballast

train. We have a speaking telegraph, hut it was
not used that day. I knew nothing of the accident
till Sparks, the anent, cauw back out cf the tunnel,
and then I atop), d the line all or. and down up at 4.7.4 i,
and clown at The signals were in pelteet working
order. and at the time I make the signals I put it down is
a book by the clock in the aio.nal bra. rioluetirues the air
in the tunnel is very thick. awl the tell lights are not Tirade
within a very few !rade. . .

By Mr. Freeland-1 have general order from the super-
intendent to stud the rails at the entrance of the tunnel,
but I did not do it on the day of the accident because the
rails were very dry.
Sir. Tyne, in answer to a question from the coroner, here
exhibited the mode of installing—one way, "hoe dote,"
being indicated by striking a brill, and on the other line by
beating a gong.
At the request of Mr. Woollen the LiOth rule, which gives
direction u to the mod* of applying detonating swards in
case of the obstruction or stopp.ige of a train, and also as to
the us of percussion lights, a.. read in connexion with the
175th, which provides for placing a portion of a train which
it is impossible to move on a siding, and protecting the pert
left on the line by the means mentioned in the 150th rule.
The witness Lancaster, having been recalled. stated, in
reply to Mr. Woollen., that the breakaman had recently bad
a dozen fog signals supplied to hiss, and in point of fact had

16 in his possession at the time of the accident, but no per-
cussion lights.
Mr. Freeland explained that percussion lights having been
found defective had been disused.
Charles Edward Bartholomew, assistant booking clerk at
Blackheath, deposed that he worked the speaking telegraph.
On Friday last, he said, I received • message from Charlton
at 4.31. He read the entry. " From Charlton. Train
welting, 4.31." That is the time we received the message.
I enter the time. The words telegraphed were " Train
waiting." My duty was to send some one out to tell the
signalman that there was • train waiting. That was in-
formation for him. It is not usual to send an answer as to
the cause, and I sent no answer. The signalman would get
the information almost directly.
Jesse Jupp, outside on the South Eastern Rail-
way, sworn and de io the last witness telling him to
go to Jones and tell hips that there was • trainwaitingat
CWirlton elation. He did so, and Jones said, "fiery
well." He told me he thought there was something
signalled up before, as they trays him three beets. I told
him I did not know anything about it. I then walked
back from the box. I went away from the office directly
afterwards. Not • minute elapsed from the time that 1
had the message from the boy till I gave it to the signal
man. He appeared very well, and was quite sober.
Mr. Woollett—Did he seem as though be was not quite
clear what it meant?
. . . . .

--..-- .
Witness -.1
don't know, sir. 1 don't know anything
about the signals.
&Milan Card, signalman at the Charlton station, sworn
that the ballast train arrived at Charlton at 4.2.
At 1): 16.1=cle received the signal that she bad left the dock-
yard. She left at 4.14, and he signalled to Woolwich
at 4.15. _ . .

The Coroeer—Do von know the cause of the detention of
that train for fourteen minutes!
Witness—l had to stop all signals from 3.59, and did not
receive the all clear signal until 4.13. Then the ballast
train was started at 4.14, and I received the signal down all
clear at 4.32. when I started the fast passenger train.
By Mr. Woollett—Eighken minutes is longer than usual
for a train to get from Charlton to Blackheath.

Mr. George Claydon, station master ►t Charlton, sworn—
I have been at Charlton twelve months, and was on duty
when the ballast train left mid when the passenger train
came up. I was on the platform. I was induced to tele-
graph with the speaking telegraph because the ballast train
had been gone so long (eighteen minutes), and the guard and
myself were wondering how it was. I got the" understand"
►nswer, and ►lmost immediately afterwards I received the
" all clear" signal.
The Coroner—Did the "all clear" signal appear to be an
answer to your message
Witness— It appeared to be an answer.
The Coroner—Or had it been given irrespective of the
=mugs Can you form any opinion upon that point s:
Witness-1 should think there would have hardly been
time, because alraost the moment I turned round from the
instrument the train had started.

Ths 4.;;r0 ;;;;;-2fl;7;ll7lear" signal is given in an in. I
stunt, I suppose?
Witness—Yes, momentarily.
Mr. Woollett—W hat was the menage you sent?
Witness—" Train wading."
Mr. Woollett—Now, at the time you received the "all
dear" signal, did you not take it to be an answer to your
massage ?—Yes.
The train had been an unusually long time at the station,
and I suppose the people were begioniog to grumble Yes.
But for that message the signal would have stood at
"danger" point ?—Yes.
And of course you would not have suffered the train to
have gone on? Certainly not.
By the Coroner—The passenger train arrived a little late,
her time at the dockyard being 4.15. She would not have
stopped at our station bad she not been signalled to do no.
By a Juror—The ballad train left the dockyard at 1.56.
John William Cohen, Blackheath, a carriage cleaner in
the employ of the mammy, sworn, and stated that he was
standing on Blackheath platform, and saw the ballast train
approaching. As soon as the engine and truck had passed
me I ran round to Mr. Chapman, and told him that some-
thing was wrong, that the balsa train had parted. I
looked for the tail light, and not seeing it I knew th..t a
portion of the train with the break was behind. Jones, the
signalman, was in his box at the time. The stationmaster
came down directly.
Mr. Edward Duncan Chapman, station-master at the
Blackheath station, sworn—l have been 15 years in the
employment of the company. As soon as I received the
information from the last witness that the ballast train had
parted, and part had come in, 1 ran to the signalman
' Jones and be said, "The ballast train has parted." I
replied, " Well, I suppose yon have done all that is emcee-
sere • you have not given ' all clear.'" He said, " I am
afraid I have dooe something; I am afraid I have given the
clear signal." I did not want to bear any more, but told
him to telegraph to Augerstein junction, and to Charlton, to
stop all trains ; and I received in reply a message that the
up train had left.
Mr. Claydon, being here re-called, stated—l received a
message from Blackheath that the bailast.train bad parted
in the tunnel at 4.45, which 1 entered in my book ; and I
replied immediately that the 2.40 train (we time the trains
from their starting point) had left there several minutes. I
blocked the line at once, and telegraphed to Woolwich to
stop all trains from there
Mr. Chapman's examination continued—Directly I re-
ceived the answer I spoke of 1 knew that eons calamity
must occur, and told them to stop all trains at Lewisham.
Within a minute or two afterwards I saw Lancaster come
up, and he called to me to stop all trains. By that time the
half-past four o'clock train had arrived from London. I
immediately telegraphed to Mr. Knight, at his otbce in Lon•
don, for assistance, and then I west down to the tunnel.
The train was about 300 yards from the Blackheath end.
We proceeded to get the people out., and everything that
could be done to relieve the sufferers was done. Jones has
been working the signals off and on for about 12 months. I
considered him one of the most efficient men the South
Eaatern Company bad in their employ, or be would not
have been pieced by me in the aimed-box. I never hail had
the slightest cause to complain, When I first spoke to him
1 did but know a hat had occurred, and I did not wish to
ask him aoy questions tending to injure him. I spoke to
! him after the arrival of the ballast train. The aocident hail
then occurred, it appears, bat until I compared the time- I
thought that it must have occurred after the train had
separated.
By Mr. Woollett—The young man Jones is very much
esteemed. and deserves it. He was acting signalman, and
had been acting for three night, and live days, in consequence
of the illness of the regular signalman. He was moat
anxiously careful to do his duty. He entered the company's
service as porter. The wages of a signalman are a guinea a
weak, and of a porter Iris. Ile had said that he should not
like to be a signalman altogether became of the confine-
ment, but he had never said he diked it, or that be would
nut be a signalman for :Oa a week ; if be had I certainly
should not bare permitted him to go into the signal-box.
By the Coroner—He went on at 7 io the morning and
, would have staid till 6 o'clock, one hoar beim; alloatsl for
dinner. Those are the home of the signalmen. There are
• three beats fur • coal waggon or a tallest train and two for
! a passage truth, and it is quite possible that three heats
having been previously given for the coal train and the bal-
-1 last train he got confused when the message was taken to
i him that there was a train waiting at Charlton. In fact,
, that is how I think it occurred. Ido not consider the
hours too lour, notwithstanding that the signalman must
always be on the alert. It is not a very uncommon thing
todivide a ballast train in the tunnel. No doubt that could
he remedied by not loading so full, or giving moos 10001110.
i rave power. .

The Coroner, in reply to a question from Mr. Freeland.
stated that it was his intention to proceed to Woolwich to-
morrow (this day), and open the inquiry upon the body of
Richard Hallam, but that after identifying the body he should
adjourn the inquiry until after this inquest, therefore there
would not be any necessity for any of the company's °Moen
to attend except Mr. Clayden, the station master at
Charlton.
_

''fl7eilquest was then formally adjourned to Thursday,
the 29th Instant.

LAW INTELLIGENCE.

COURT OF COMMON PLEAS.—Dr.c. 19.
Sittings at Nisi Prias in London.—(Belose Lord Chief
Janice Erie and a Special Jury.)

TOY T. THE LONDON AND BRIGHTON RAILWAY COMPANY.-
ACCIDENT.
_ .

Thu was an action to recov-----er4smages for injuries said
to have been sustained by Mrs. Foy in jumping from a rail-
way carriage near the l.ondon•bridge station.
Mr. Serjeant Patty and Mr. Murphy appeared for the
plaintiff ; and Mr. Bovill, Q.C., and Mt. Hansen, for the
defendants.

The plaintiff in this case was a warehouseman, in busi-
ness in Alderinanbury, and residing at Sutton. On the 7th
Nov., 1563, his wife travelled from Croydon to London in
a second-class carriage, aod arrived near to the terminus
about half-past one. The station at this time was full
of trains, and therefore the one in which Mrs.
Foy was drew up and came to a standstill before
reaching the platform. A porter came up and told the pas-
sengers to jump out, end after some remonstrance it was
found that they must alight there, aid a gentleman assisted
Mrs. Foy out. Having his support, she jumped from the
stzp of the carriage to the grand, where she alighted flat-
footed. She felt a jerk or strain at the lower part of the
beck, and at night there was a pain in that region. The
poor lady gut worse, and at present she was in a very bad
state of health. She was afflicted with inability to walk,
involuntary clutching of the hands. a nervous cough, and
many other distressing symptoms. These symptoms sprang
from disease of the spins, and having continued so long, it
was feared that a long time must still elapse before a cure
could be hoped for, probably a year or two.
The plaintiff's case was that the disuse of the spine was
originated by the jump from the carriage ; whilst on the
other hand it was said that Mrs. Foy had been for some
years suffering from a tumour in the womb, and consequent
hysteria ; and accompanied by irritation of the spine, arising
from uterine disease. It was these things, sod not an in-
jury to the spine, which caused the symptoms with which
the lady was afflicted. Mr. Adams, Mr. Veldon, 1)r. Old-
ham, Mr. Cock, Mr. Spencer Wells, and Dr. Ramskill, all
of them eminent men in the medical profession, gave their
evidence upon one side and the other; the three last named
gentlemen giving their opinion in support of the view taken
by the defendants.
In addition to the question of injury, it was contended
for the defendants that there was no negligence, and conse-
quently no liability upon their part. Various contingencies
must at times canoe a station to be crowded without any
fault of the company. When Mrs. Foy was asked to
alight she might if she had chosen have got down from one
step of the carriage to the other, and so have reached the
ground without any jump at all ; though having assistance
she preferred to jump the distance, which was Irons 2 feet
6 inches to 3 feet.

The jury [mod a verdict for the plaintiff—Damages 500/.
SECOND COURT.

Sitting at Niai Prins in London—(Raton Mr. Justice Willa
and a Common Jury.)

HAIM P. EAHP.--COMEIs-sION FOR ESTABLISHING A

COM PANT..

This was an action to recover .in paid-up there' as
commission for establishing a limited liability company to
take the Washington Hotel at Liverpool.
Mr. lluddleeton. Q.c., and Mr. Gibbons appeared for the
plaintiff ; and Mr. T. Jones for the defendant..
The plaintiff resides in Pimlico, and the defendant was an
outfitter in LiverpooL The latter gentleman bad bought a
site in Lime-street, Liverpool, for 12,000/., had built thereon
the Washington Hotel for :10,0110/., and f urui,hed it for
14,000/. more, so that his total sr penditute nu :si,ooof.
He °poised the establishment under th e s u periuteodence of Mr.
Wickham, who had managed the refreshment department of
the Crystal Palace. Mr. Wickham on the liith March, 1+46:1,
wrote to Messrs. Dean, Chubb, sod Co., solicitors, of
London, stating that the defendant was anxious to dispose
of the hotel, and that he had advised him to get up a com-
pany to buy it. He wanted 65,000/. in cash, and 20,0004
paid up shares for the property, but be was willing to
give worth of these shares to the promoters of the
proposed company. Meagre. Dean, Chubb, and Co., did
got wish to embark in the affair, but through them the
plaintiff got into communication with the parties, and it
was arranged that the pl►intitf should have 3,000/. in paid
up shares if a company were formed through his efforts by •
certain day named. A good de►l of negotiation took place,
and ultimately a company was formed which bought the
hotel through a Mr. Sparkes.
A good deal of dia:nasion took place as to whether the
purchase of the hotel had taken place in consequence of the
exertions of the plaintiff, in such a way as would atlas
him to his commission. Some points of law were also
raised.

Mr. Justice -01 alles suggested that the case was one in
which it ought to be arranged that a sum should be paid to
the plaintiff for his work ; especially as by that course •
lengthened litigetioo, and possibly a second trial, would be
avoided.
The counsel consultwl their clients, and also conferred
together for some time, but without ICsult, although it was
stated that there was not much difference between them.
The counsel also had an interview with his lordship in Lis
private room, but still failed to agree.
]lr. Justice Willem on Lis reborn to court, mid that be
bad given the parties until the Gm of January to try and
settle their differences. and if they could not do so by
that day, be would himself settle the matter at chambers.

IVFAVYR NTIRITT.-.IDRTLIERT FOR ♦ LADT.

This was= action to recover 831. Ih. ad.. balance of an
accouut fur 1281. lls. 34., for jewellery supplied to the de-
fondant's wife.

Mr. Serjeaut Ballantine and W. Pearce appeared for the
plaintiff ; and Mr. M. Chatuberi, Q.C., and Mr. Hennes
for the defendent.

In opening the case it was stated that the plaintiff was •
jeweller and watchmaker in Connau.;ht.terrace, Edgware.
read, and the defendant formerly held • commission as
major in the Dragoon Guards. Mrs. Nesbitt was the
daughter of Mr. Bishop. of Sunning ; one of her sisters
married the Hoe. Mr. Rowley, another married
Captain Lambert, the son of Admiral Lambert, of
Sheerness, and the third was Mrs. Ferney.
Mrs. Nesbitt was the niece of a gentleman then upon the
bench (Sir John Kirkland). arid she was also connected with
other families of very high rank. Major Nesbitt, whilst
seining in lath% received • sun-stroke, and returned to
England in 16J, and had since been so fleeted in the head
that he was now under the care of • keeper. The plaintiff
WAS formerly in the employ of Mr. harry Emanuel, to
whom the lion. Mrs. Howley was • customer ; and ea soon
as he set up in business for himself she became • customer
of his, soil at her recommendation Mrs. Nesbitt also be-
came • customer. The plaintiff suppled her with the goods
which now formed the subject of the &aim, and at that
time she was living in good style, and he had no reason to
suspect that there was anything like extravagance in her
having the jewellery. However, wider the circumstances,
his chant was perfectly willing to refer it to anybody to say
what amount he should receive or he would be willing to
take lock the goods at an extremely moderate amount below
what he had charged for them.
Mr. Weaver, the plaintiff, said that the Hon. Mrs. Row-
ley introduced several customers to him, and amoug others
her three sisters. When Mn,. Neabitt became a customer
she was living at Abingdon Villas Wed, Kensington. She
first went to his shop with Mrs. Feruey and Captain
Cunningham. Mrs. Nesbitt had a quantity of stationery
and some portraits of her children rod her husband, to
give to her friends, besides jewellery. She paid 31W.. and
re'. off the account ; and there was also 51. paid into
court, leaving the amount doe $l. Ila . .

er-ce. etaanTined—lle beard while be .as supplying the
goods, that the major was tinder the care of • keeper from
an asylum.
Two other witnesses stated that Major and Mrs. Nesbitt
lived in good style, keeping four or five servants and •
poor phaeton.
The hoc. Mrs. Rowley said that Mrs. Nesbitt asked ber
for the name ore jeweller, and she gave her the plaintiff's
name, but never went with her to his shop.
Mn. Nesbitt said that she and her husband lived at Sun-
ning Dale before she went to Kensington, and that they
lived there io good style, but quietly. She bad no private
fortune when she married the major, but her brother had
left her since 34/0/. The major took that money. She never
told the plaintiff she 11“4 married. Some of her relations
were very high. tier husband's solicitor defended this
action, but for herself she "'imbed the bill to be paid. There
had been no commission it, lunacy oleo her husband, but he
was in an asylum under a medical certificate.

Crow-examined- -In conseyietwe of his health the major
had to sell his commissi v. lie got 5,0001. nt 6,000/. for it,
but there were some debts to be paid which reduced the
amount to 4,500/. liar husband bad so other means than
this, Ilia solicitor had between September, ISti:l, and Sep-
tember, 1564, paid bar 27,51., besides paying some other
debts.

--Mr: Justice Willem observed that goods for more than the
amount now claimed were supplies' after January, when
the plaintiff knew of the state of the major's health.
Mr. Serjeaut Rallantioe- -1)4 you tell the plaintiff that
you were the niece or the near relation of a duke?
Witness—No.
_ _

life.:dnstiCe*illes believed that a Duke of .Norfolk need
periodically to ask all his comma to an euterteinmeet, till
the number reaching I.OOC, the custom was discontinued.
Mr. Chambers submitted that there was no case to go to
the jury.
Mr. Justice Will.. thought there was not. A man who
was M a lunatic asylum less not answerable for jewellery
suppled to his wife under the circumstances of this case.
The plaintiff was consulted.

- - -
THE POLICE COURIS.

MANSION•HOUSE

William C7,rtnn, a young man about 19 years of .1 r
and Welle,,niUmno.ter a lad about 16, were brought before
the Lord Mayor, charged with felooiously breaking and en.
taring the shop of Mr. Alfred Fussell, 121, Chloral* with
intent to steaL

The shop at 121, Cheapside, is occupied by Mr, Purasell,
who carries on the business of a confectioner, and the upper
part of the bowie is occupied by Mr. Fox, a photographer,
and both parties base a key to the street-door. The two
prisoners were in the employment of Mr. Fox. On Saturday
sight after business it was the practice of Mr. Pureed( to
lock up what money happened to be in the till in the wine
cellar, and it appeared that for several weeks money
bad been missed between the Saturday night and Monday
morning. The polio* haring been communicated with,

Detective-officer Whitney secreted h:tostlf in the dim ,L,‘
Mr. Purnell on Sunday, and at about I o'clock in the e v
the two prisoners came down the stain into the pa...age
and having lighted • piece of candle one of them cart,
Claxton got up to the fanlight over the shop door ,„
pushed out a piece of wood which was placed in r,s a ',AI:
to keep it fast ; the glass then swung open mid Ciaat.
through into the shop. Whitney was at then time em:, r
counter, and Claxton happened to go round and .aw 1..,
He ran round the counter again, and Whitney caught L
of him, but he threw the bottle which held the Met,. •,:
candle at him and got away, and got through the
ar.d both prisoners ran up stain. Whitney followed, „ ;
found them in one of the top rooms, where lb•
locked themselves in. auto° said he thought
heard a noise, and thinking there were thine., r t•.•
place went down to re. When at the
Gambier said he would tell the whole truth, ti,
that about six weeks back. Claxton told him tog„ •
day, se he knew where to get some money. lie
Claxton went into the shop through the window ..v.
door, and returned with some money and gave loin.. ,
not ler than 27. e., and not more than :los. ; and
day he told him to meet him, and they week!
more. Mr. Purseell said he had missed about
within the last six weeks. At Claxton's lodgitigs there a :
found a largequantity of stereoscopic slides and phetlet.
which were identified by Mr. Fox as his 'Nowt,.
which were worth front 104 to 12/. The priemet u 1.. „
had been in his service for six years, and t.
but he had any cause to suspect either of ti• .•.. . .
key., it appeared, were entrusted to CLatoo, AS be i. r
be there early in the MOrDiDc.
Both prisoners were committed for trial.
THE Pooa's-Box.—The Lord Mayor received I
.1. H. M.; 10/., an annual gift, from Win. f .
M. P. G. ; and the wood half of a 10/. note from. 1..