The Express.
London, England, 1853-09-21 00:00:00

130W-STUEET.

Shortly before the court closed, Alderman Marshall
waited upon the presiding magistrate to draw his attention
to a practice now prevailing among the dealers in Covent-
garden Market, which was fraught with danger to the
public. lie alluded to their manner of over-loading their
vans, by which the empty vegetable baskets were carried
away after the day's sale. At the present moment there
was • waggon near the Piazza with baskets piled one
ShOTC the other in column, upwards of 20 feet in height
above the top of the van. These were tied loosely together 1
with cords, and he (Alderman Marshall) %ascertain theta
very slight occurrence, calculated to disturb its equilibrium,
would cause the whole mass to topple over into the street,
and the consequences might be dreadful. He bad so con-
stantly seen these formidable loads traversing the thorough-
fares of the Metropolis, west of .Temple-bar, that he felt it
his duty to call at the court and mention the circumstance,
trusting that his worship would send one of the officers
round to judge for himself of the peril attending the van in
question.
Mr. Henry said he was well aware of the practice r*r-
red to, and if it could be proved to endanger the lied of
the public, some steps might be taken to prevent it. It did
not linear that the dealers were limited to any particular
height by the act, although they could not exceed a certain
bulk. lie would send round ,one of the inspectors to see
what could be done.

The further invesii;etionlniotitecfrentnstanees attend-
ing the collisiou which occurred at llornsey some weeks
ago was resumed yesterday before Mr. Tyrwhitt, at this
office.

The driver, l'ardingion, and the fireman, Woods, who
had charge of the express engine, and who were given into
custody by the company, surrendered to their bait.
Mr. Clarkson appeared for the company, and Mr. Raw.
line fur the defendants.

Mr. Clarkson stated that it was his pleasing duty to in-
form the magistrate that Mrs. Harrison was cotitely out
of danger, and that all the other parsons who had re-
ceived injury were progressing favourably, and wero now
almost well.

Mr. Rawlins then addressed the magistrate on the
whole facts of the cue. He said he presumed the
charge against the defendants was laid under the 3rd
and 4th Vic., c. 97, sec. 13. He presumed that the object
of the company was to have an investigation of the circum-
stfle( s connected with the accident to show on whom the
blame should be fixed with respect to the serious circum-
stances of the collision.

Ibe magistrate said the defendants were brought before
him, not under the provision of 3 and 4 Vie., the provisions
of which had been almost entirely repealed. The cue
came bet.re him under the 6th and 6th Vic. c. 6.5, s. 17.
Mr. 'towline said, under whichever of the acts the case
came before the magistrate, it was 'prosecuted by the sow
pan, to screen themselves from the consequences of their
own act : for throoglwout the whole investigation no expla-
nation had been given as to the delay in shunting the coal
train at Hornmy, nor as to the cause of delay at Colney
Hatch, where the coal train, which wee due at Homey at
eleven, had bun delayed so long as to prevent it from
arriving at Horns.; until five o'clock in the evening.
From the evidence it was quits clear that the elation-
muter at Hornsey was inexperienced. He had only
been station-master for a short time; be had not
acted either .with prudence or promptitude on this occa-
; and the company was responeible for his negligence,
and also (or the inexperience of Woods, the fireman, who
ought not to have been appointed a fireman to an caper u
train. It was admitted en all bands that Pardington was
a west skilful driver, and of great experience. Then there
was the guard, whose duty it was to keep a good look out,
instead of sorting his letters as the train was proceeding;
and the arrangements of the company were in that respect
also defective, and they were so also because they had not
telegraphed down the line, inquiring if the line was clear,
before the express train started.
The magistrate mid it was souse toe:anew the evidence,
or make strong remarks, because it was evident that the
case could not ho decided by him, and mast go elsewhere.
He did not wish to restrain him in any way, but he really
thought it was unnecessary to go over the evidence.
Mr. Rawlins—Then I presume you do not intend to deal
with the Calk summarily ?
The magistrate —Cer.ainly not.
Mr. Rawlins complained that the managers of the com-
pany should not have been placed side by side with the two
defendants.
Mr. Clarkson said it was all very well to damage the com-
pany in the newspapers, but would Mr. Rawlins convince
the magistrate that the men charged had paid due attention
to the sigma'', as was their duty ?
The magistrate said that it was no use making that
Court the medium of circulating statements pro and
ems, in the newspapers, and unless Mr. Rawlins went
the length of saying that no blame whatever was attri-
tunable to the defendants, and that therefore they should
be discharged at one.—unless that was intended there was
no use in going on.
Mr. Rawlins said that he had well considered the matter,
and he thought it was his duty to go into the whole case ;
but if the magistrate had made up his mind to commit the
defendants, it was useless for him to go on.
The magistrate Laid it was certainly a case which must be
decided elsewhere, but he would take bail.
Mr. Rawlins then, at considerable length, went into the
circumstances attending the accident, attributing the blame
mainly to the station master. Some experiment had been
mad, by order of the government, and it was singular that
evidence of it had net been given.
Mr. Clarkson—You may b..re it at once.
After some further conversation the two defendants were
committed fur trill, but bail was allowed.