The Express.
London, England, 1853-01-12 00:00:00

M. departreest He asked am if I saw the coal-train,
and if I had seen any lights upon it. I told him what I
hive just said.
Mr. Hester (who appeared for the cempany) here inter-
posed, and objected to the coroner cross-examining the w it-
neas as if he disbelieved his testimony.
The Coroner—As judge of this court I hate a right to
express the opinion I entertain of the witness ; and I tell
you candidly that I do hot believe him.
Mr. Washer (a juryman)—Hear, hear! No more do I.
The Foreman—l think it right, on the other hand, to say
that I feel no doubt as to the credibility of the witness ; and
I consider it only justice to say as much.
Clecrge Dates, a policeman on the London and North
Western Itailway-1 am stationed at the Oxford-road. I
was on duty last Monday week, and I remember the coal-train
coining dawn. It arrived at the Oxford-road at 5.15, and
it left four tons of coal. It stayed from five to seven
re:Lutes. I attend to the telegraph; and I was going to
send a message t t Oxford that the coal train had left, when
my mate, James Wilson, said ho had done so. I was on
tier peinisnent way when the coal train arrived. It had
two engines. They had both green lights en the buffer
;lacks, and white side lights on the tenders. They were
burning, and plain to be seen. The brake-van had three
lights—one on each side and one at the end. If the lights
had cot been on I should have inquired the reason, but I
had no rcasen to do so.
The proceedings were then adjourned for two hours.
Shortly after four o'clock, the examination of witu.ases was
resumed, Pad
Joseph Kinch was next called.-1 am a guard in the
employ of the North Western Railway. I was guard to the
5.30 trails which left Oxford on Monday week. It
AS my duty to give directions for the starting
of the train. That Ulan did not start till 5 37,
in consequence of the coal train which had left
Islip nut having arrived. Mr. Blot, the station master,
came on the platform, and informed zee that the coal train
el left Islip nearly half an hour, but that we could not go
until it arrived. lie then went into Lie race, end I did not
see him again before the train started. He did not say that
if the coal train was sighted we might go. In the course of
two or three miuutes afterwards' I went to tete driver Tarry,
ani told him that Mr. Blott had informed me that the coal
train had left Islip nearly half an hour, and that we could
sot go until it had come in. I did not get upon the engine,
but I stood on the platform with my hand upon the hand-
rail of the engine while I spoke to Tarry. This was after
iyes had looked at the tickets. I was not tasking to Tarry
more than a minute, and then I walked down the platform
towards my own brako. Whilst going down the platform,
I kept turning my head to lo.k at the signal on the swing
bridge. The red signal was on. I know that it is my duty
tto start a train while that signal is sheen. I went
epain to Tarry, and netted him for his tickets, which I emits
t,..e habit of making out for him, because he is no scholar.
Those are tickets of the arrival and departure of his train.
Ile said, " I have not cot thrut ; I will give them you in
the morning." I then said, " All right," and walked
down to my brake. I had not been there more than a
minute, or a minute and a half, before Tarry opened his
wli,-tle and started. I was on the platform when he
o; iced his whistle, and I got into my van. I had given no
directions for starting. I did not at first know whether he
was going on, or whether he was merely drawing out of
the station over the turn-tables to attach something. I did
not know whether lie was not obeying some signal of the
porter, in order to attach something. If that had been the
case, it would have been put on behind my brake. I saw
Hayes and another coming towards vi with lamps is their
hands. They were between Ilaireey's hut end the station.
I was about to call out to them to know the reason why we
were going, on but Hayes called out to me. I could not
exactly understand what he said, but I heard the word
" ballast," and I concluded that he meant that the coal
train had not come in. I directly pot on my brake.
That would not make any noise that would hava alarmed
Tarry. I kept hold of my brake till the accident occurred.
The train was a light one, and that did not retard its speed.
On the contrary, Tarry quickened the pace of the train. I
exhibited my red light, which was all I could do to com-
municate with Tarry. I saw the red light at the bridge,
and I saw it changed. I also saw Harvey's light after I
had passed him. I saw the ballast engine on this side the
bridge on a coal siding. I amid not have suddenly re-
leased the brake, according to rule 21, and shown my
signal light at the same time. I had to put on the brake
on the near aide, and to shove my lamp on the off side,
owing to a curve. I first saw the coal train when it was
about a mile off, and I tlid all it my power to communicate
with the driver. I did not at any one time release the
brake suddenly, so as to cause ajerk, according to rule 21.
The rule says that " this operation repeated several times
cannot fail to attract the notice of the driver ;"
but there was no time to do that. I considered, under the
circumstance, that my red lamp was the best signal, and
I could not give both at once. There was not a minute or
a minute and a half—or two minutes, at the outside—be-
tween the time I first saw the coal train and the collision.
(The distance was 73 chains, or 1,606 yards.) I was in
the van at the time of tho collision, but I do not recollect
how I got cut of it, or what became of me, or anything that
happened to me that night. Ido not recollect being on the
lino and speaking to Lee. I don't remember seeing Lee
that night. I have Lome slight knowledge of being con-
veyed to Oxford-road station in a carriage or omnibus. I
believe there was a policeman in the carriage with MO as
I was taken to Bletchley, but I do not remember Carrier
being with me. I have wine slight recollection of seeing
Mr. Blott at the Oxford-road station, but I do not recollect
him speaking to me. I was dreadfully hurt on
the left side of my head, on the thigh, on my
arm, and my back. My injuries rendered me
insensible or nearly so. Ido not remember Mr. Elea corn-
iest to me and asking me how I came to start, nor de I re-
member him telling a person in the carriage with me to
take notice what I said. I cannot tell whether I said I
wished, or die not wish, to go home that night, or anything
that I said. Had Tarry been looking forwards or back-
wards he must have seen either the coal train or my red
light. I had known Tarry 7 years and he was, as far as 1
knew, a perfectly steady man. I year,
never started the
train from Oxford without a whistle. I did not say to him
lts all right, go on." Ile could not have misunderstood
me when I said " All right," with respect to the tickets.
I have at intermediate stations started trains by saying
"Go on." I expected to have had further instructions
from Mr. Blott, and I should not have started without hav-
ing seen or heard from him again. I generally go to him
myself before starting. I was looking for the signals in
order to see if the line was clear. If I had seen the green
light I should have gone to Mr. Blott, and asked him if I
might go on. As soon as the coal train is in the red light is
changed, without waiting. for the wbistle. The whistle
is sounded before starting irrespectively of the lights at the
bridge. I heard on the very day of the accident a porter
(Those Gilbert) tell Tarry that a warrant bad been taken
out against him for assaulting the wife of a public-house
keeper. On Sunday Tarry's wife Cann to my house, but
my wife did not tell her that I was at home. The woman
said she was afraid to go home, and Inspector Inglis went
to the house with her. I believe that she apprehended
violence from her husband, because he was drunk. The
driver would not have to make up any time in consequence
of being seven minutes too late. Never heard Tarry sae
that he would have a smash. At a quarter past five on
Monday I ran over to a public-house to have a glass of ale,
and • gentleman asked me to drink out of a pint. While
I was there Tarry came in. I left kiss there. He seemed
as usual. He was " larking," and threw half a pint of ale
at Mr. Lacy, who is the son of the contractor for the tune
nel. Never had occasion to make the signal mentioned in
the 21st rule. No doubt it would make a jerk in a longer
train, but not with such a light train as we had. I have
severs' times stopped a tram with my red lamp. I once
ran over the tops of the carriages to the driver in a case
where a grate containing a pig, packed with straw, had
taken fire. I could nut have done so in this case. There
was not time.
By Mr. Thompson—l was insensible all night, and am
still under medical treatment. It is the duty of • driver
frequently to look back, and especially when he passes •
place where a policeman is stationed. Had Tarry done so,
he would have seen Ilairvey's light or mine. I have a tes-
timonial signed by Captain &swum, which I received fed
my good conduct on the Peterborough line.
By a juror—l will swear that I did not say to Tarry,
" She's in: it's all right, Jack; go on."
In answer to a juror,
Mr. Dockray said that from Wolveroott Tunnel to Os,
ford, a distance of 21 miles, there was not after dark •
single servant of the company to detest any obstruction
that might be laid on the rails. In the daytime there were
plate-layers in gangs of three or five to every two miles.
William Elliott, of Bicester, police offieer—l was at Ox-
ford on Monday week. I went with Kinch from Oxford
to Bicester after the accident. Mr. Blott asked him how
he came to be on the engine. Kinch said, "I beg your I
pardon—l was never en the engine at all." Mr. Blatt then
asked him how he came to start, and what were the orders he
hed given him ? Kinch said, " You told me that thermal
train had started 25 minutes or half-an-hour, and that
when she came in sight I could start. I saw an engine
coming in, and I said to Jack, ' She is in, put on the
whistle ; she is in, all's right, go on.' I saw the greet
light on the bridge ; and shortly afterwards I saw the en-
gine, which was the Fairy ballast engine. I immediately
put on the, brake, and held it till the collision took place.
Blott requested me to notice these things, and so did Car-
rier. Kutch seemed to have been hurt very much, but I
considered that he seemed to know what he was saying.
This conversation lasted from five to ten minutes. Kinch
was helped into the carriage. As soon as I got home I
made a memorandum of the conversation in my pocket-
book. Mr. Blatt seemed flurried, and Kinch seemed
confused.
By Mr. Thompson—Kinch travelled from Bicester to
Bletchley by himself. I did not think it necessary that any
body should go with him. lie seemed rather better at
Bicester. 1 gave him some weak brandy and water, because
1 thought it would do him good. I have been summoned
to attend here, by a telegraphic message, by Mr. Small
(the solicitor ou behalf of 'farry's family).
William Carrier, engine driver—l brought the 4.45 pas-
senger train from Bletchley to Oxford on Monday, the 3rd
inst. That train stopped at Islip in consequence of the
accident to the 6.30 train from Oxford. I afterwards
brought on my train to the Oxford-road station. While I
was there K inch was lea into the station from the omnibus,
and put into a first-class carriage to be taken home to
Bletchley, Ile appeared to have been badly hurt and was
rather low-spirited, but I think he knew what be was say-
ing. I spoke to hint and he answered me sensibly. I heard
Mr. Blatt say to him " Kincb, what did Mr. Hayes say to
you ?" Kinch replied, " I don't know, but I know he said
something." Mr. Blott then said, " I told you, Kinch,
that you were not to start till the coal-train arrived, and
that it had left Islip half an hour." Kinch said, "Yes,
sir, I know you did, and I told Tarry; and then
I saw the hallaseengine come down, which I took
to be the coal-train. I said, " There she is,