The Express.
London, England, 1865-06-21 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JUNE 21, 1865.

-------
THE LATE P
_RTA AILWALEiIuasr.Y ACCIDENT AT

ftraoa 01111 OWS IMPOST'S.)
CIUN BROOK, Jinn 20.
This morning, Dir. Joseph Gullituore, the district
inspector of the booth Footers Railway, who had been ap-
prehended shortly before, sad Misty Huge, the foreman of
the platelayers, who stead committed loader the coroner's
warrant on the charge of measlanghter in having by their
asgleot sensed the oxidant which resulted to the deaths of
Mrs. Faithful', Mrs. Coadliff, Mrs. Whitby. Mrs. F. Rodeo-
hem, Mrs. Rayner, Kiss Beramnet, Miss Carolise White,
Mr. Dann, Mr. klainproo, and Mr. llyppolite Mercier. were
brought up before Mr. W. H. Tylden Pettensoo (dolman),
Mr. g. Tooth. Captais Oakes, aod Mr. G. French, maps-
trates for the western division of the county of Most, sit-
Hog in spacial petty sessions at the vestry-hall io this town,
for examioatioe. Mr. Neve, the wirceer, by whom the
prisoners were committed, was present in his capacity of
clerk to the justices ; Mr. Mister. jun., of Folkestooe, soli-
citor, attended to defiled Mr. Cullimore, but Binge was
andefeeded • and the railway oomparly was represented
only by Mr. 'Ashby, the engineer, who had been summoned
as a witnees.
Mrs. Frances Tauten, sister.indaw of Mrs. Martha
Candid!, one of the demised, deposed to having identified
the body of Mts. Coadliff, her brother's wife, at the Staple-
harvt Railway stition oa Sunday, the Ilth iost. The body
had since hew buri;d. Witnees's brother, Mr. Condliff,
was still suffering by the 'widest, and was staying at the
Railer y Ina, Staplehurst.
Mr. J. F. Within, surgeon, of Stlehurst, proved that
Hie body of Mrs. (bailiff had been reeovered from the
stream under the debris of the broken cartage', and gave it
- as his opinion that she had died from droweieg.
Edward Colinas, carpenter, one of the gang of cameo-
- ten employed at the repairs on the viaduct, proved
that Bulge was the foreman of the platelayers, under
whose directions the repairs of the viaduct were carried out,
Rod generally repeated the evidence he gave before thecae°.
nee. juy as to the ciscuinitanoss of theacaideot, the re-
moval ofr the dead and wounded from die wreck i 4 the train,
and the mistake male by Berle in reading the time tabbies
to the time the boat train wu due. 13enge, he maid, was
always present whoa the line was broken sad rails removed,
and duing the whole time the workroom. were ensekoyed
the dayr of ,the accident. He bad seen Mr. Gullimore occa-
sionally inspecting the works as they proceeded, but could
nos say how often. Never heard fog signals during the
whole time he was at work on the bridges.
Crossaxemieed by Benge —Never heard any conversation
between Bane sod Oullunore while the works were going

on.
ters' gang, deposed
John Dawsoe, foreman of the carped
to the facts gives by him io evidence at the ioquest.
Croasezamined by Mr. MMter—l work entirely under this
direction of the foram to of the platelayers.
Beige, being if he wished to put any questions to
the witness, said—The witness asked me in she morsiog
when the boat train was due. Rod l looked at my book and
said it was 5.20. He said, then we will pt the timbers
ready, acid get them in slier she 2.50. 1 tad made a mis-
take as to the time, sad I Drier knew that the host train
was awning up at 3.18 until I looked! up and saw it right

npoo
witness—No ; nor did any of ne.
_ Reozamined iby Mr. Farrar, the magistratee' clerk—l
believe I saw Mr. Gullirnme present when the road wee
broken on the long viaduct, but I don't recollect any other
time.
John Wiles, the signalman, deposed to %lige, from
whom be received his instructions, never having given him
directions as to the distance at which the danger flag was
to be displayed when the line was up or as to the use of
fog signals, which he said he never used except in foggy
weather. The distance he usually went with the danger
flag wan 100 rods, never more. He mistook the tidal
train en Friday the 9th for a ballast train. and therefore
did sot go on to meet it with the danger flag.
Krone-examined by Mr. Minter—l acted as sign
alman at
ad these same bridges ten years ago. Beep said he sent me
out because I had been signalman before, sod be could
trust me. I could tell whether a train was a ballast train
or a passenger train a quarter, but not half, a mile oft.
Beggs, on being asked it he had any question, to put as to
the instructions, if any, which he gave to Wiles, said no. he
trusted to the man because he had always acted hoosetly,
that was all.
Lawrence Mercer, the guard of the tidal kali), gave evi-
dence as to the composition of the train and the details of
the accident, addieg to his former evidence that the speed
had been slackened before he applied the breaks, and that
had notice of repairs going on beau given an extra look out
would have been kept. lie had no recollection of fog lignite
being used when repairs were going 00, and the precautions
generally taken would render it unnecessary to use them
unless in foggy weather.
Mr. Ashercit, the eogineer of the South Eastern line,
ad deposed to the general duties of the district inspectors and
gangers, the notice, to be given when extensive repairs '
were required, adding that minor repairs as the
mooed of a plate being matters of necessity must
be dealt with as such. Mr. Gullimors would have power to
dismiss any of the workmen on has part of the line, and be
was the person responsible for the carrying out of the riga
latioos of the company. the of the regulations was that
the line should is no place be broken up or a plate removed
without fog signals being laid down. The person who di-
rected the work when the road was broken up would be re-
sponsible to the inspector. and the inspector to the company.
Witness did not know of his own knowledge who ordered
17 Beoge to do the work in question. The inspector would be
7 responsible if be was heret, but as works would be goiog
on at many parts of line at the lame time, it would be
impossible for him to be present at them aIL When Mr.
s taidlimere wee appointed the book of 111101 was placed in his

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In croft-examination by Mr. Minter he said it would not be
the inspector's duty to give notice of such repairs as those
which wars being made at the bridge. Such works were
constantly going on upon every railway in the kingdom without
notice, and notice in such cases would be impossible, as it
was absolutely owsssary often that they should be dons
immediately, for the safety of the trains. frantically, the
inspector had no means of going to diffsreot parts of his
district except by the usual trains or by walking. It was
not the duty of the inspectors to read the rules to Bangs,
benese he esooc It wasurand
duty read lwv
By the B wsell.rtain that *up
was acquainted with the roles, and carried them oat,
Bens said he was not a first-rate scholar, he could barely
read end write, and that was ell ; and an to the tufts, he
had never been asked if bad reed them, or it he understood
them, but was merely called upon to sign them.
Strickland, the railway policeman, and !superintendent
Ovenden of the Cranhrook division of the county police,
repeated the evidence given by them at the inquest in refe-
rence to the apprehension of Binge, the signal books given
up by Binge's wile, and Binge's admission as to his mis-
taking the time of the tidal train, ka.
Mr. Minter shortly addressed the bench on behalf of
Gallium», urging that the verdict of the coroner's jury
ought not to hies their minds, and contending that in the
evidence adduced that day there was nothing that could
justify their sending his client for triaL The only evidence
affecting Mr. Galloway was that of Mr. Ashcroft, the *agl-
ow, and that, so far f rou4criminating, entirely absolved him
from blame. The bench might as well be called upon to
commit Mr. Ashcroft, the engineer, Mr. Ehorall, the
traffic manager, and the whole board of directors, simply
because there had been an omission of duty on the part of
some one. Benge.waa the man who supenntended the work
zd on the morning in question, and who was, therefore, re-
sponsible that the signals were properly shown.
Seep having been asked it he wished to say anything,
replied that he had never seen the raise carried out different
from what they had been carried out by him on the mica-
sloe in question. He had himself acted as signalman for
three or four weeks at Ashford, and all that had been given
ft ed him was a Gag, which he had carried back always to the
- same distance W Whiles had carried it back on the day of
the accident.
The magistrates then retired, and, after some twenty
minutes' consultation, returned, when
The Chairman (Mr. Tyndall Pettensoo) annoftesed that
the bench had decided on mending the case for trial at the
next Maidstone mine. Bail, however, would be taken for
Galloway, himself n 1 riot. , and two sureties in 1001. each ;
and for Bangs, himself in 501., and two sureties in 251.

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Shortly afterwards the required bail was put in, and both
the Owners were liberated, the caroller soospting the same
bail.

the defendant, Mr. Olive Clarke. • solicitor, was connate
with her family by marriage. Eke was 28 yeses old. Sr.
Clarke was her godfather, sod by his desire she took the
COURT OP QUERN'S BENCH.—JrMs 20. nameof Clarke, and she lived in Its hoses with her mother
' and grandmother from bow earliest ehi/dhoixL libe wee
Alter Term Nisi Prins Sittimp at Watmiastar.—(Before accustomed to call Mr. Clarke paps, by his owe desire.
Lord Chief Justice Cockburn and • Special Jury.) i There was a little boy brought there who her mamma said
nth cteththiro mon COMPANY (Darriso) o. irrgrammos. . was WitIMMB'S brother, and the defenditat called amide see.
The Lard Chia Jostles, in summing op Is this sass, said It was understood that them two children were to share his
it was to be regretted when %behemoth alibis oompaay was teethes between them. Is 1867 the defendant took her to
• good that Mr. Dave and Mr. Hopwood had not been • ball at Saddlon'thell, of which company he MY oink, sod
=pa ,
hem the peewee interested got rid of their re. some eliampspie with the defendant at a diaper party at
examined. It was net to be taken that this was • babble introdocied her es Mies Clarke. Is April, 1861, she drank
°Demean,' wthe Cleveland die- their hoses. She retired late in the wellies. After
of workio . defendant in her bed. Before anything took
reknit wibilasitwieull kwor.:l7roa.thiTeibelale.ilbarileusefor ill
working
and she had been in bed some time she found the
property had been acquired for the purross s , ._ ; .
__ —to th he mid, o i beet
am your
into court, and one of the jurymen asked his lordship friend," and that he would provide for her, and she should
Thee jury, than* been looked up for aa hoar and a half, puma
_tie eon am
hom
how they were to read and reetheile two state:nests in the want. She cemented to his overtures. *ad the in ter-
s us. It was heeded "capita, 1011,0091•, of which it course oontinued through May and part of June. Early in
-was calculated two-thirds would he required," and two- June she was desirous to get • day situation ea governess,
thirds of 100.0001. would be 66.0001. Towards the latter 'so that she could reside with her paredmother, who then
end of the prospectus it was stated that "one-third of the I lived in the defeedant's hones. The defendant was amnia
capital required had been already subscribed." The dif- at this, and that witoess had nothing to fear, for he
giving a meanie; to the word " re- wield provide for her. la the; middle et May the defeadant
part of the preepectm. In theorist . said he had taken • house at Swathed, and) should remove
IqfiorivradliVi.tinbadethea.onwr"rreettelur, in another • falsehood, because it it hob furniture there. SOW, traitor* was to be gives to
meant oth-third of 66,0001., that sum had been nearly sub• witnew, and she was to reside '
said Cottage, Hampstead,
earthed. with her. graodmother. lie hew ould provide for wit.
The Lord Chkef Justice mid they mull be satisfied that nem for Ida la referee., to the house at Southeod he said
fraud wee inteoded. it was for • lady of fortune to whom be wss to be married.
A juryman said that eleven out of the twelve were of After this li•
to memtook herrs to Saddiers'thal ba l where he
dead her her be of his family. Aftel,r the ball he re-
that opisiou oe the main point.
The Lord Chief Justice, said they must be satisfied that ted his romises. On another occasion he said he would
the statement was not merely incorrect bat fraudulently maks a sett)ement providing for witness sod hersrandmother
so, and put forward with to intentios to dtheive the public for life. On the 17th or 18th May be sent fair two copies
—intentionally to dew's. In one sense the prospectus •of the form of • hood, sod he Iliad up one et them sad
might be said to be fraudulent, but in the other it was not. handed it to the witness, saying, "Now I lithe provided for
It was for them to say in what sense it should be read. you for life." The bond now produced, that sued on, was
A juryman said that eleven out of the twelve were agreed the one. It was filled up in the defendant's handwriting.
pon that poiut. He was perfectly sober and in his right genies when he
The jury then retired to further consider their verdict. handed it to her. It was not true thee she used any
They again came into court about 4 o'clock, when ducement or coercion to him to sign M. Whilst Chase-
TIM foreman said they haul bad gnat difficulty in coming cottage was getting ready the defeadaat resided at Jack
to • verdict in consequthee of the withholding of the evi. fitraw's Castle. He afterwards visited her at the cottage.
dense of Mr. Hopgood sod Mr. Care, which ought to have At Chase-cottage be proposed that the hood should be
been produced. signed by a witness, and he sent early in the morning for
The jury eulotantially said they found • verdict few the Mies Arthur, of whom he had taken the cottage, sad in
decadent ; and her presence re-executth the hood, saying, This is my
The Lord Chief Justice said he was bound to take the free will, act, and deed." Ho handed her the bond in Miss
verdict ; but what it was worth was another matter.
Vembot for the defendant aceordingly.
LANGDON V. GODTIMEY.
This was an action for negligence against an attorney.
The defendant pleaded not guilty,
Mr. Hawkins, Q C., and Mr. Philbrick were counsel for
the plaintiff ; Mr. liuddlestoo, Q.C., and Mr. Bernard were Arthur's presenoe. He passed the day in superintethieg
the alterstious at the cottage. In Jnee he proposed that
she should go to Scotland, and he bought her some rings,
one of them • wedding ring, is Oxford-street. From the
23rd June to the let of July the defendant remained at
Chase-cottage, and there was nothing to lead her to believe
that he was not in his right senses. After this she first noticed
that he drank more than usual. Afterwards she lost sight of
counsel for Mle defendant. him for some time. She went to an asylum where the
It append that the plaintiff is • young lady residing at heard be was, but was not allowed to see him. She saw
Rew and 111 1862 she was in • millinery establishment is him at the latter eed of October or beginnieg of November.
OzfOrdatreet. She was entitled to a sum of 5o ot . under He visited her and was in very good heath, end be the
her parents' settlement on her attaining bar 25th year. In pleased that she had goo* to the asylum. He mid he had
1862 she was about 21 years of age, and in that year Mr. Bann her from the window. During the following week he
Cromwell. • chaesemouger in Circas.roed, who had married mentioned his pecuniary affairs. He said be had a wort-
her sister, and had had his wife's 5001., was in peon- pi e that was very troublesome, for his friends would not
Diary difficulties, and he applied to the plaintiff assist him, became they bad heard he hart given her the
to lend him, first 2001., and afterwards 3001. in the bond. He said he was the proper person to take charge of
whole. She consented to do so, sod trusted the that bond, and asked her to lend it him. She said she had
defendant, a solicitor in Gray's-ion, to the that all was placed the bond for security with Mr. Hanrot, her solicitor,
right. She mortgaged her reversionary interest, and the but would fetch it. He left, 'eying he woad give her
money was advanced without any security being taken another security upon his land, whilst he had authority in
from Cresswell. He became bankrupt, end the cones- his poseessioe. She gave Mr. Hanrot • written to
queues was that the had had to pay 10 per cent interest on deliver up the bond, and the defendant afterwards said he
the 3001. so advanced, the premium on • policy of timer- had received it ; but he would take care of it for her, and
thee until she reached the cgs of 25, and the would always *outline to provide for her. He continued
principal sum of 3001. on her reaching that age. The to visit bar down to December in the same year, and then
plaintiff had lost the whole of her money, and she charged she lost eight of him. She did not remember him ever say-
negligence against the defendent in allowing her to lend the jog the bond was valueless. The do:ument headed to her
money without proper security. Cromwell brought Godfrey was lo the defendant's handwriting, and it stated that he
to her, and when he asked her to lend the 2001., the &deo- bad property amounting to 7501. • year. It stated the
fendarit ensured bar if she did so she would ran no risk. demi)s or the property.
Upon Mr. Cranweles assurance that she would get Croon-examined by Mr. Hawkins—She bad not obtained
the money back by the time she was 25 Tears possession of this paper in soy improper
fins first
Godfrey was to raise upon her reversionary interest. The something wrong in the defendant.. behaviour about the
policy was effected in the National Provident, and when 20th July. Oo that occasion lie introdoced some females to I
' she got to the office the foetid all the papers ?lady. After her who the servants sad were not of such • charsetee to I
' again them she went to Mr. Walters', solicitor to the should be received by her. Previous to 1861 the defendant
gentleman who lent the money, and there she signed the had always been • well.conducted gentleman, and bad
teed. Mr. Walters gave her the money, she headed it always treated her with respect and kindness. He was very I
to Mrs. Birch (Sr. Cr. sister), who was premot. much attached to Mrs. Clarke. He had been many years '
aad she gave it to Mr. Godfrey. The first Tear's interest clerk to the Whirs' Company, and was very much looked'
was deducted, and the dsieedant took 151. from it for his up to by everybody. Mrs. Clarke had been breaking in
professional charges is negotiating the loan. Godfrey health for some time before the autumn of 1860, sad
assured her it was all rite on more than one occasion. Mrs. was then very series.), affected. She died in the
Birch and Mr. OIMINN• had applied to her two or three spring of 1861. In 1855 and 1860 witness was out
weeks before she saw Mr. Godfrey to lend the 2001., but at situations as • goverthes. She had perhaps
she declined. half • dozes. They werein the country. She formed
Mr. Walters, solicitor, George-etreet, Mansion-house, the acquaintance of the con of • beewer at Gloucester, and I
considered the defendant was acting for the plaintiff In she took him to dine with Mr. and Mrs. Clarke. She had so
negotiating the loan of 3001. He expressed ope to improver intimacy with bin). She expected he would marry
Mr. Godfrey that he had made that poor girl safe, and her. She was governess at his father's. He had been in her'
he answered "all right," or something to that effect. bedroom several times at 10 or 11 at night, but not when
The &Noce was that the plaintiff,Cresswelt, and his sister, witness was is bed.
Mrs. Birch, had agreed between themselves what was to be Mr. Hawkins—Have you said so?
done, and bevies settled it they went to the defendant to Witness—l believe people have misundentood what I
carry out may that part of the transaction which required said. I was quite a young girl.
the services of • solicitor foe raising of the money. All Mr. Hawkins—Have you cot said that there was improper
the members of the family considered Cresswell's business a intercourse between you two
K. There was no snob inter-
?
valuable one, and he being in difficulties the struggle was Witness—l cannot rememb
to keep it together for some other member of the family. mime ; most positively noes. Os the 6th May, 1861,
The defendant had acted as solicitor both to Mrs. witness sent for Dr. Fraser to attend Mr. Clarke. He
Birch and Mr. Creeswell, and he had negotiated had some weak brandy and water before this, but be had
for the latter with his creditors to obtain time, not been drinking excessively. He was speechless when he
and he got • letter of licensee( six mouths from them, which came. His miud was not wandering.
had nearly expired when the mousy was lent. Cromwell's Mr. Hawkins—Did the doctor request you to keep his
affairs were in • hopeless state, and as all the family wished razors out of the way!
to avoid bankruptcy, the money was advanced. The plain- Witness—l do not remeniber. She did not remember that
tiff ran the risk of lming the money in the confident hope she wes ...timed mmeat Mr. Clark doing him.
that tbe business would ultimately succeed, and that she self mischief. Dr. Framer continued to attend down
would be paid. to the time they left Mark's.crescont, on the 19th
The defendant was called, and in the course of his ea• June. On the 6th May she sent for Mr. Holbrook,
Mr. Clarke's managing clerk. He did not find Mr. Clarke
deuce stated that he did not make her fully understand
before signing the deed Cromwell's pecuniary condition, but unconscious, but talked with him about some law papers.
In Mr. Holbrook's immense she gave Mr. Clarke brandy by
she knew his real position. It never occurred to him to
take the bill of sale of the business or furred
for the Dr. Fraser's orders. Mr. Clarke signed the cheque, Mr.
plaintiff's security, because he was never consulted as to Nee Holbrook had not to guide his hand, so far as she re
man.
propriety of the plaiotiff lending her money. berth. She did not remember early in June, 1861, raying to
In answer to the learned judge be said he did not know Mr. Brown, Mr. Clarke's brother.imlaw, that Mr. Clarke
whether the plaintiff had at the time • father or mother, or if was going med. Witham had asked Mr. Clarke to
5001. was all she had. and be never took the trouble to in- give her the toed. When he gave it to her she kept it in
quire. He understood that the plaintiff was feuding the a drawer of which Mr. Clarke had • duplicate key. The
mosey to Mrs. Birch to carry on the business on her own wedding ring was bought before the trip to Scotland, in
behalf, but also for the benefit of her brother. The arrange- order that they might go together. She had milled
went between Mrs. Birch and the plaintiff was that she for the annuity of 3001. • year in June, 1862, 1863, or 1864,
should have • share in the Maims. He was not aware though at periods during these years she was in sad eiream-
whether or not lira. Birch bed given • promissory uote for swims. In septembar 1863. oh. want upon the a-
e
the aroma. She did oat deny her liability. She had nothing the new Royalty Theatre. She did not know that there
with which to pay the plaintiff. (Laughter.) was anything the matter with Mr. Clarke's mind until
By • juryman—lie had since sold the business to pay • long after rely, 1861.
debt of 3001. due from the plaintiff's brother, who formerly B,..e,,,,mieeet—After the fit of file... f,. „__, ,, Mr.
had the business. He would not be positive that she knew Clarke went day after day m 8470,,,1ari 471 j to
of that debt when the money was lent. He did not tell attend to a very heavy case of Kay aad Dimedale o. The
her that such was the ease. Sadler,' Company. Before the date of the bad she sever
Miss loogdon was recalled, and in answer to questions sew him in a mete of intoxication.
from his lordship said she
at there was a mortgage on At the °occlusion of the evidence of the plaintiff, the
the lease. When she was at Mr. Waters' office she found further hearing of the case was adjourned until to.
the defendant had not taken any security,
but upon his morrow (this day).
assuring her so positively there would be no risk, ahe left
the matter in his hands.
Mrs. Birch was called, and said it was arranged that Wes
Lonsdon should advance the mousy, to be paid out of the
business. She was virtually responsible, and could have
repaid it if the creditors had not broken faith and refused .
to supple more goods after they had been paid the instal.
manta. The plaintiff was to have bad a share in the business
after the mortgage and debts bad been raid off, but it was
not arranged when or whet share the was to have, or what
she was to pay for it beyond 3aw.
Iu the course of Miss Langdtheon's evidence she stated that
on one 000ssion she was fetched in a cab by the defendant's ,
brother, but it was positively denied by him. The book
was produced, and in the entry of that date, which charged
her as being his client, there was • cancellation of
three lines, and on being shown to his lordship he
observed that it was most effectually done so as to be
entirely obliterated.
The Lord Chief Justice said there could be no doubt this
young lady had been victimised by her friends, and the
gelation was whether the defendant had assisted them in
doing so.
The jury ultimately returned • verdict for the plaintiff
damages, 3721. a ,

COURT OF BANKRUPTCY.—Jtarp 20.
(Before Mr. Commissioner Holroyd.)
BAIELNOPTCY OF THE EON. RICHLED BETH-CLL.
Adjudication of bankruptcy has been made against the
Hon. Richard Bothell, described as late of 15, St. Georges-
read, Pimlioo, ther. of Stanmore, Middlesex, and now a
prisoner for debt in the debtors' prison' at Beading. His
liabilities are roughly estimated at 25,00 M, The petitioning
creditor is Mr. Robert Atteaborough, pawnbroker, of Char.
lotto-street. Fitzroy-square. Ms hon. gentleman has gives
notice of his intention to apply for his release from custody
on Thwsclay next. Mr. Chidlsy is the solicitor to the
I petition.