The Express.
London, England, 1863-09-17 00:00:00

THE ACCIDENT ON THE WEST CORNWALL
RAILWAY.-VERDICT.

On Monday evening the inquest, adjourned from
the previous Monday, concerning the deaths of William
&thorn% the driver, sad Thorns. Olds, the assistant-guard,
was resumed before Mr. Carlyon, at Truro.
Some additional evidence having been given,
The Coroner said there could be no doubt that the
deceased had died from injuries received in ootuiequenoe of
the eosin' being thrown off the line by an obstruction at
the western pouts of the Peowethars Siding. Cer-
tainly, it was very much to be regretted that the
truck should have been allowed to remain without
the wheels being mowed. Three could be no doubt
from the evidence, of Tregoweth, that the truck was there
at a guarter.pest six onthe Sunday evening, for he took
particular ponce of it, after ha lied lit the signal-lamps,
and at that time he noticed it wag at the centre of the
siding. But, afterwards, when the train passed, it was
dews at the western points of the siding. Now, it ap-
pears that it must have got there by one of three ;nodes—
either it was blows thither; or some idle men or boys,
playa( with it, had allowed it to remain there ; or, lastly,
that some malicious, designing person placed it there for
the purpose of mischief. With regard to the first suppo-
sition, the evidence of all the witnesses would tend to
show that, on that Sunday night there was not sufficient
form of triad to blow down the truck there. It was a
truck which took the full power of a man to move ; sad
there was not one of the witnesses who did not say that
in his opinion the truck was sot blown down. At the
same time, the evidence showed that it was a very gusty
night, end blowing strong, while, in coosequenes of rain,
the rails were very slippery, so that, in his opinion it was
passible the truck bad been blown down to the points.
With regard to the second supposition, be did sot think
that idle men or boys did it - they would not have get about
it in the way proved, or is the same way as a mali-
ciously disposed person ; and if they had been about there
any length of time, they would have been seen. Then
mine the suppteition that it must have been done by some
malicious person for purpose, of mischief. If that should
be brought home to any person, he would be liable to •
charge of murder, and it would not be necessary to prove
malice se against the deceased, because the act itself
would be evidence of malice against all the world. Bat
the only person against whom there had been any sus.
picion was John West ; and the chief part of the suspicion
to him arose front his own statements, and par-
ticularly that he had ridden up on the engine to the junc-
tion, and then got down ; and from his not being able to
account for where he went subsequently, whilst the evidence
he had given as to places where be said he had been might
have been wholly contradicted. Bat if the jury believed
the evidence of Jones and McFerlyean, that they
saw him near the Globe in River-street, about half-past
six on the Sunday evening ; whilst, according to the evi-
dence of Tregoweth, the truck wee then in its proper
place ; it would have been impossible for say person
to have gone from the Globe to the siding and removed
the truck. soil have returned to the station by five minutia
to seven, when West was seen at the Truro platform. So
that, taking all the evidence as proved, the case seemed
involved in mystery, there being no actual evidence of
any boys or men having been seen playing with the
truck, nor that any person bad pieced the truck on the
points for the purpose of mischief. After some deliberation
the jury arrived at the following as their unanimous vex.
diet :—" On the 30th day of August, in the year aforesaid,
at the parish aforemid, in the county aforesaid, the raid
William Bathorne died from injuries he received oo the
day. and year last aforesaid, by being crushed under as
swum, which had been forced off the rails, at or near the
western points of the Peowethars Siding of the West
Cornwall Railway, by coming into collision with a ballad-
truck belonging to the company, which then and there ob.
exuded the main line of the said railway, but how or by
what moms, or whether maliciously or otherwise, the said
truck got on each main line so as to form such obstruction
as aforesaid, there is no evidence to show. At the same
time, the jury cannot refrain from adding that they con-
sider there was great negligence on the part of the com-
pany in allowing the truck to be left on the said siding
without providing proper means for preventing its getting
on the main line, either accidentally or by the act of any
nislicions person.
A verdict to the same effect was given in the case of
John Thomas Olds, the assistrintguerd, who was crushed
under the tender.—Western Morning Nero..

Al.:urn= LIFE SACRIFICED TO CRINOLINE.—
Early yesterday morniag a fire broke oat at Mr. Darkus
Lariuup', in Robert's.place, Commercial-road, 81. George's.
bi.the-F.est. The inmates were amused by a strong smell
of smoke, and on going down stairs they found the back
room in flames, and Mrs. Darkus Larkings oearly burnt to
• cinder. The deceased had been sitting before a large
fire, and bad fallen asleep while waiting for her husband.
It is supposed that her cricoline had pushed her dress over
the fender, sad that it bad thus taken fire. . .

RAILWAY COUPENSAnON.—A MC of much im-
e wee tried yesterday at the Sessions-house. New-
ra°gryto7c,wherein the complainant, Mr. Hain% sought own-
, prasation from the London. Chatham, and Dover Company,
for the loss of access to the garden in a square, part of
which was taken by the company for their railway,
although they did not talcs the house of which
the complainant was lessee, and also for the damage
to the value of the house by the substitution of
a railway for a garden sod the noise, smoke,
and vibration roused- by ;be running of the trains.
The plaintiff claimed 2001. ; the defendants offered 504, at
the same time denying any liability for the nuisance caused
by the ordinary conduct of their traffic. The counsel for the
defendants insisted that where oo action for damages could
be brought for a auisance no compensation could be awarded.
The counsel for the plaintiff denied this, and produced
abundant evident to prove the nuisance end damage done.
The jurygava their verdict for 171. for the substitution of the
railway for the gardeo, and 761. for damage to the property
by the intisanee ceased by the aria*, emoke,and vibration of
the trains in the ordinary waiting of the traffie.
Should the counsel for the company be right in his
law, the former part of the verdict only will stand,
and the amount being 331. Ices than the aminat
offered by the company. the coaaplainast will suffer
cats; whereas if the whole verdict is legal (which the
company will have to try before a higher tribunal) the
amount is 421.1 a Mega of the amount offend, and the coal.
pony will suffer in orate. Should railway esnipaisies be held
in law liable for the " nuisance caused by the noise, smoke,
and vibration of the trains in the ordinary werkiag of the
traffic," sewy householder in sight or besting of a railway
teal. or wkietle will be able to claim &unease, and the
east to those companies who are making manner rato the
Mart of Landes through whole limos and streets of bosses
will be isnmsnee. The &Maio° of yesterday was useiratood
to rule mescal others in the same moats.
The French duty on steel goods was almost
pro-
U bat they keg since removed every peedel• olslrl le
the introduction at M.Grialg. Magnege Mmlablai kn Dr. lismall
reports :—" I reprd them as the most perfect breams hitherto
made, as r=ta. their merkealeal coestrootios. sad Meek
magnetised They me the remedy ter grey hair neuna-
ga....rheormatime, to NAL —Womanlike an
la holm mails.—
dwitialadtmeek losadmi.—(Admetimmend.)