The Express.
London, England, 1848-01-21 00:00:00

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LONDON, FRIDAY, JAN. 21.
ARCEIBISUOP WwAraLr's letter to some of his
clergy, elucidating the HAMPDEN controversy, has
been made the subject of angry, but feeble, censure in
the Times. No attempt is made to grapple with the
prelate's facts and reasoning, but his opponent hazards
some gratuitous assertions, erroneous in themselves,
and, whether true or false, utterly beside the issue.
lie asserts that "Dr. WHATELY labours under a posi-
tive incapacity for making a fair statement." Now
all critics, whether hostile or favourable, who have re-
viewed Dr. W lIATELV'S works, have unanimously borne
testimony to the perfect fairness and candour with which
be sets forth a controverted question. The Times says:
" secondly, he never succeeds in impressing conviction
on an intelligent hearer." But as men of intelligence
are not over fond of proclaiming their convictions,
and conversions, the writer of this " secondly" could
not possibly know whether the assertion he was
making was true or false ; for we hardly suspect him
of claiming a monopoly of intelligence for his own
circle of acquaintance or tis own limited party.
Finally, the Times adds, " Whenever it is possible he
is confuted by the result." The saving clause of pos-
sibility may be used by a sophist to exclude any
dance that could be adduced but let us take that
brought forward by the Times itself. The first iueffi-
dent Irish poor-law, so far from having been the
work of Archbishop WRATELY and Mr. SENIOR, as
the Times asserts, was most vigorously opposed by
both these economists ; and consequently the result,
instead of being a refutation, is a perfect confirmation
of Dr. WIIITELT'B predictions. Still more remark-
able is his singular anticipation of ruseyism. In his
" Treatise on the Errors of Romanism," published so
long ago as 1828, he predicted the advent of the
Tractite movement, and, with the fidelity which cha-
racterises anhistorian rather than:a'prophet,delineated
its probable origin, course,:and tendencies. Unfortu-
natel he has not been contradicted by the result,
though we believe that the dangers, which this move-
ment has brought on the established church, have
given him more pain thah can be compensated by the
confirmation of his accuracy as a prophet.
The Times answers the fatal objection to the perse-
cutors of Dr. HAMPDEN—that they delayed their
charge for three years after the publication of the
Bampton Lectures, daring which time Dr. HAMPDEN
held three university offices, each requiring. him to
superintend theological instruction—by saying that,
during this interval, "an able and energetic appeal"
was published against Dr. HAMPDEN'S doctrines, in
the shape of a pamphlet addressed to the English
primate. But assuredly, this only strengthens the
case as put by Archbishop WHATELY. During the
three years, not only. was the university silent itself,
but it virtually rejected "the able and energetic
appeal" which demanded censure on Dr. HaurnEs.
That those who have assailed Dr. IlsstrcEN have

taken their estimate of his opinions not from his
works but from garbled extracts prepared by an un-
scrupulous enemy, has been confessed by many of
them. and notoriou-ly by the Bishop of OXFORD.
The Times justifies the use of "extracts," but it con-
veniently knees out the material part of the charge,
that thi,e extracts were "garbled;' that they con-
sisted of fragments of sentences so artistically dis-
joined from their context us totally to distort their
original purport and meaning ; an that no haste to
get out a pamphlet in time can by an honourable
mind be received as an excuse for deliberate falsifi-

of the luggage train, were in custody at the Lamosesue.--_
polies emit, and under remand. At his (the earemee'e)
semsioitse the presseedings were than adisressed, be Gmbh
halite sake appliestios tolitr.Elliotraties polies
to give the saisseely seder ter the prodastima el w
it
parties at the insist, eigiesiderieg, es be slid. that it wee a
matter of the preateet impertenes that *ow awn &odd be
present. It wee a menstures thing that any jury should have
the power of returning =adverse verdict against any person,
when that puma was net_ palaitosil to attend to tow the
evidence adduced against him, end rebut, if he could do so,
or to offer such explanations ae might perhaps place a diffe-
rent feature on the case. With this feeling, be had made a
personal application to Mr. Elliott to allow the men to
attend: the reply was that be had no power to make an
order for that purpose, but Mr. Elliott added that he be-
, Moved the governor of the gaol had the power, and would no
&Slat exercise it if applied to. He (the (the coroner) then ap-
plied to Mr. Beene, the governor of onesunger.lane Gaol,
who stated that he had no power to order the removal of
say prisoner. Yesterday he again waited on Mr. Elliott,
who disclaimed an 7 desire to throw obstructions in the way,
end he would consider the matter after the rising of the
court, and communicate with him. He had not, however,
done so, and the men, it apprized, were not present. The
only course which reiimined was to make an application to
the Secretary of State for au order for the accused parties to
be brought down, which, if the jury wished, he would do.
The Foreman considered it most unjust to the men them.
selves to carry on the inquiry in their absence.—P juror in-
quired if the Secretary of State had the power to give an
order for the attendance of the melt
The Coroner: Undoubtedly he has, though I am not sure
there may not be son.. difficulty in the matter. Similar
applications, made be Mr. Wekley, the coroner for Middle-
sex, have, I. understand, been refused. I will not now ad-
journ theinviairy foe the attendance of the accused parties ;
but at the conclusion of the proceedings to-day, we will take
the matter into consideration, and if necessary adjourn until
the result of an application to the Secretary of State can be
known. For myself, I have a strong opinion of the injustice
which will be inflicted on those men if we carry on the in-
quiry without them. The poor man Fertescue, whose at-
tendance may also be neensary. I understand, from inqui-
ries I made yesterday at St. Thomases Hospital, is very
seriously injured, about the head especially, and is mil: in •
dangerous state.
Mr. Charles Smith Ward was the first witness examined.
lie deposed as follows : I am a clerk in the employ of the
South Western Railway Company. Wes a passenger by the
SIX p.m. train from Southampton, on Friday night last. I
proceeded as fax as the Frimley or Perbright embankment
before anything particular occurred, which te about six faille
from the Farnborough station' and two from that of
Woking. The train then came gradually to a stand still.
This was as near eight o'clock as possible. The train was
due at eight o'clock at Woking. Mr. Young and Mr. Bee.
ban were in the same carriage with me. Mr. young got oat
of the carriage. Having gone to the engine, he stated, on
Ibis return, that the detention would not be long—the eccen-
tric strap had broken, but would soon be put right. Here-
turned to his seat, but the train still continuing at a stand.
still, he again got out as did witness. This was some tea
or fifteen minutes after the train had stopped. Oa
going to the engine, observed the deceased and the
fireman engaged in repairing the engine. I walked
back, and then heard the goods train approaching.
Mr. Young directed me to run down the line. I era en
some 200 or 300 yards in the direction of the appear:bhp
train, which was then some distance off. Felt no alarm as
I was told somebody had been sent back to stop the goods
train. When I ran back I distinctly saw the white light of
the coming train at a distance from me of, I should say,
about two miles. As tke train approached, perceiving that
the steam was not shut off, I took off my hat and waved it.
On the engine passing me I saw two men, whom I have sines
understood to be the engine-man and fireman, upon it. One
of them was standing up at a greater elevation than usual on
that part of the engine where the fire is. The other was
standing on the usual place upon the engine. I shouted to
them, and they shouted in return. I saw by the rate they
were going that they must run into the passenger train, and
I turned my bead the other way to avoid seeing the collision.
I saw the red light then advancing at a considerable distance
behind me. I could not distinguish the person of the guard
who was carrying it, bin I distinctly saw the light from his
lamp. I suppose that was the guard who (had been sent
back to stop the advancing train. I heard the collision,
and on turning round, I saw a labouring man,
who bad followed me down. I then saw the
' guard of the luggage train (Budd), and asked him if he
i knew what they had done, he said, " No." I told him that
they had run into the passenger train, and, on going for-
ward, I saw the body of hlarklend lying between the rails
of the up-line. When I spoke to Budd he was standing on
the line. The whole of the luggage train and two or three
carriages of the passenger train were behind the body of de-
ceased, It did not appear to me that the body had been
forced onwards or moved after it had been kueeked down.
There is no doubt that the man was killed by the engine of
the passenger train—not by the goods train. I know that
Mr. Young had sent on to Woking fur a pilot engine. I saw
the guard who had been sent down with the danger signal
again after the train had passed. I cannot say from what I
saw whether the driver of the luggage train had reversed
the power of the engine, nor do I know which way the
wheels were turning.
A Juror—From what yen saw did it strike you the engine-
driver and stoker of the luggage train were doing their
duty ?—Witness: I cannot say what they were doing until
they came up. They then appeared to be aware of their
danger.
By Mr. Dalrymple—l afterwards sew Jones about an hour
after the accident, who spoke to me, and said it was a bad
job. I replied it was. •
By the Coroner : I asked him if he had seen the signal ;
he said he had net. I then asked him if he had heard any
one shout ; he replied that he hid, and admitted shouting in
return. Be pointed to the passenger train, showing,me that
there was only one red lamp attached to it. I thought the
other two had been knocked off by the concussion, but his
impression appeared to be that there was only one originally.
I also saw Flemming shout an hour after I had seen Jones.
Flemming expressed himself very sorry for the accident, and
he feared that it would be • six months job for him. I be-
lieve both the men were perfectly sober. I saw them within
half an hour after the accident.
By Mr. Dalrymple : Mr. Young exerted himself in every
way he could to avert the accident.
By the Coroner : It was not a moonlight night, but a night
when signal lights would have been seen better than if it bad
been moonlight. There was no fog. When 1 saw Brown-
smith with the light returning, he was beween 300 and 400
yards from me. He was certainly further from me than I
was from the passenger train.
Mr. C. Stevie examined by the Coroner : I am the general
manager of traffic on the South Vrestern Railway. The
tuba and regulations handed in are those by which the traffic
is guided.
Coroner : The 47th rule says, "In ease of any accident
occurring so as tolimpede the progress of a train, the under-
guard shall be despatched to the nearest station astern of the
train to give notice thereof. On his progress thereto shall fix,
at a distance of 600 yards from the point of obstruction, &sig-
nal to stop, and fog-signals (as specified in clause 13,
page 9), so as to indicate danger to a coming train.
Measures should also be taken by sending the fireman or
any other available person to adv.se the agent at the nearest
station ahead of the occurrence." And the 13th rule says:
" In the event of any. accident occurring or becoming known
to any person, he is instantly to show his red light or fag,
and to hasten back in the proper direction to stop any trash
which may be following on the same line, or at all events un-
til he has proceeded at least 600 yards from the place of acci-
dent, where he must remain with the danger signal shown,
in order to stop the coming trains, until he knows the line to
be again perfectly clear and unobstructed. Whenever it is
necessary to do this he shall place on the rail of the coming
train detonating fog-signals, at a distance not greater than
100 yards apart from the point specified; and an foggy
weather he shall also turn on, on the approach of the train,
the fog-signal." Now, as you understand thew two rules, and
especially le reference to No. 13, is it considered necessary,
in case of any accident, for the guard to place the detonating
signals on the line, as well as to exhibit the danger-light, or
hu be any discretion as to the fog-signals ?
Witness: That is as I understand the rule. The Coroner :
I see by
.another rule that it is the duty of the station
clerks to instruct the inferior officers in their duties—in that
done ? Witness: It is.—The Coroner : Then I may think
it necessary to call for evidence es to whether Brownsmith
was instructed, and by whom, as to his duties in cases of ac-
cident. Wittier I think he would not have been so in-
structed, because that rule rather applies to the porters and
inferior officer', and not to the guards, who are chosen from
a grade of persons who are supposed to be capable of reading
the regulations, a copy of which they are always furnished
with, and of understanding. them. (The witness then exhi-
bited the detonating fog signal, with which the guards are
supplied, and explained their character, stating that the re-
port made by ono of them would equal that from the dis-
charge of a 9-pounder gun ; he also exhibited the red signal
lamp.
The Coroner thought if the detonating signal was not to I
be used in cases of fog only, it would be well if the word '
" fog " was not, is he perceived it wan, printed upon them. '
The witness explained that the detonating signal was
indented, and the labels were placed on them by the
patentee. The guards were never Intrusted with the manage-
ment of a train until they had served an apprenticeship
under proved guards on the line, and ware known to be fully
capable.
Mr. Dalrymple explained that this apprenticeship was the
mode of instruction adopted by the company in the case of
the guards.—The Coroner: Had this man Brownsmith
undergone such an apprenticeship ? Mr. Stovin : Lie had.
By the Coroner: The guards are so placed that they can
see both forward and backward, and it is their duty to
keep a good look-outland observe signals. No plan for keep-
ing up a communication between the guards and the drivers
has yet been devised that would work. Such a communica-
tion would be very desirable. There is now a bell used,
which is found to be the best means of communicating with
the driver. There is a 6.5) which requires the dnver to
keep a sharp look out forward, and be must attend toe any
signal that may be made, whether he understand it or not ;
and the fireman is also bound to keep a sharp look-out both
before and behind. The guards' boars in the luggage train
are not so constructed as to enable them to look out without
putting their heads out of the box, which they are expected
to do from time to time. The boxes on the passenger train
are elevated, and so made that the guards can look out in all
directions.
A Juror observed that this was • great defect in the ar.l
rangements of the line, as was proved by this very sadism -
The line was generally well conducted, and had be. we-
markably free from accidents.
Examination resumed by the Coroner.—lt Y die Only el
the superintendent of the locomotive department at mat ter-
minus to examine every engine before it leaves on a journey,
to see that it is in proper order. It was the duty of the
superintendent at Southampton to examine the engine of the
peeneogra train in question. The guard would keep the de-

tonating signals, not on his person, but • I hiss van,
are not locked up. n
By a Juryman.—l am certain the guard P-
rovided with these signals.
By Mr. Dalrymple.—The detonating'
use about twelve months. The ordinate
waving of the lamps. There is another
used only io fogs.
By the Coroner.—The book of rules now
in December last. It embodies the roles
prevailed, but which used to be issued as
twos.
Mr. Young, eke assistant
It was not memplight at the time of the
such a night that lights would be tint),
moonlight. There was no fog. The place
happened was nearly opposite the Vith
London. There is an embankment at thatr
ble height, and more than three miles long
• straight line. A person standing at t'
accident happened, arid looking back to,
could see more than three miler withou,
incline there is 1 in 333. The steepest on on,
lin 250. On the Guildford branch there is
lin 100. By Mr. Dalrymple There were taut
the passenger train, which must have been
Frimley cutting had there been any lookout.
of the company bad been oliservi d by all ,
gone full a quarter of au hour when the
f
illeghothinaM:nhet.filint the time
er at:
iebeente ad
uhot. hedcar tac
passed b. superintendent
.eny t,Bnd goods
uwn
iweuoitt Omietli a
tt
about a mile in three minutes. The lugg
r
h
re
field. It would have afterwards stopped at
The goods train would be the next train due e
goods' in was due at Woking at 20 minutes
were some parts of the line over which the
travelled at less speed than 20 miles an to
(immesh,' circumstances on a clear night I ha,
light at • distance of six miles. The white
seen at a greater distance than the rel. -
all ordinary circumstances, r. sufficient
train to stop, even an express train,and on
lin 333. The gradient at the Frimley e
pery
from
aießl:byrbeipeaumirTengobruvoutt:ntr YdtTihieshellehnoc eccentric r ide n 33. Te
cbcthakswfdat r aoqi
sthplelyi-haab-ti
liable
weathers
anemoputl I
k;.
was
wb
ti
accident.i
examined
theah beenPTbonahneerYn. the
Theeß week previous
enginetpl et vi Coroner.
e
r
y
ad
train had been out about twelve months. Wt
them, both engines were in a perfect state rat
accident was the breaking of a cotter. Both
oy
r
agot
testimonials hberiih:mnetwghfmou:nrsweit irnghaeaoliiiir;°fsersowowtwnmi trains
emebtrr:eet.: t I
noWea ntleysh Inttehdw. neuor:Ffuoctjhla itnaiespsgeanl in favour autm:,
n.o ft. to
on the line from nine to ten months. lie toes pens
employed as a fireman.
William Bott, of South Lambeth: Am a fitter is le
ployment of the company. My duty fie to inspect err
when reported upon. I inspected the Mazeppa, tti
of the passenger train, on the teem seuseting of the 'd --
•
it lett London for Southampton. It wee then is
order. The engine of the luggage train was is via n,r
jured by the accident. The breaking of a corer rats
suit in any engine, but it is by no means a commas tea,
' The cotter of the eccentric. which centimes the tow
with the pump-roe, was lost. There were other lot
done to the engine.
Mr. Gooch, in answer to a question from the fees
said the company used Bowling iron of the breve,
They never worked up iron a second time.
Mr. Joseph Locke; I am the chief em.ineetof the lig
and South Western Railway. Am perfectly acquiitte.
the rules laid down by the company, I should he
impute blame to any person, not having heard
' the evidence but I have no doubt that it e-
to stop a train of the weight, going at the
I train was stein', within the distance of 600
the Purbright embankment. It varies from
height, and extending to a distance of betwen
miles,:and including a email portion where II
and the line is on the level; it is more than tl
gradients on that part of the lice vary from
1333. That is a very good working gradient,
might be easily and fairly managed. Fi
have made I can any thee on such a it.
train of the weight of that of brie
stopped within three hundred yards, trot
ordinary speed of twenty miles an hour.
use of the tender brake alone. That
power of reversing the engine, which
like to resort to, except in a Case of ex.
used to b., considered as a space within wt
be stopped, and that I believe was the dish
ginally on the South Western, and also or
tion. The change to 600 yards was in t
increased speed en those lines. There
along the cutting in question which would
being seen. There is • slight bend in t
nothing to impede the view. Signal lights
from fog might be seen for a mile or more. i
under favourable circumstances, seen the lie,
trains or signals two and three miles off. Such
as has occurred could not have happened
application of the rules laid down by tht
guidance of their servants. I consider by
it is imperative on the guards to apply the
on being sent back to stop a train, but it is
knowing the signal as a fog signal, that beinf
which it is generally known, he might coaled
only called on to use them in cases of fog,
account for the neglect in this case ; but the
of the rule laid down would require them
cases. 1 should notmyself attribute any great
using a discretion, which all men will do o-
on finding the night was clear, and that
train was at ample distance from: him, I am
that he exercised a discretion. It might be I
no discretion, but to compel strict obedience
cases; but 1 am not disposed to blame men
discretion when it was soundly exercised.
this case might reasonably have supposed that I
able to stop the train by the exhibition of th
The exercise of sound discretion even against&
some instances (as in the case of the - on
Junction the other day, who saved a '
struction by net turning the points) b
happiest results. I have myself, when
committed what might be considered ..
have been avoided, and I am not therefore
be inclined to press heavily on the men ace-
An accident might possibly happen -
blame attaching to the driver ; as, for i
looking backwards when he should be
at that momentary absence of attention, whie.
impossible by any rules to avoid, might awns ...-
dent. The South Western line has been hitherto pri
free from accident; and, Peeing the general attention
should not propose to inflict any heavy penalties •
ti
for • solitary instance of neglect, the consequence:San
which would in all probability make him saw eldi
the future than others who had never met Metairie
of the laud. The rules have been often revised,
mat
think, fully sufficient for the safe working of the he.
' only change I should suggest would be the guilds
words " fog signal" as applied to the "d
signal." It was the retention of these wort
had occasioned the error in this instance. L•
not induce me to withdraw my confidence from Itio
who omitted to use them, provided he was a gooli
other respects. Every engine is examined before 1w
and such is the state of perfection to which the msda
locomotive engines is now brought that I have
Grand Junction of engines running 31,000 mile,
any repair.
Wm. it. Whiting, the guard of the passenger m:
the next witness, deposed Oa Friday last I sai
it
of the 6 o'clock p.m. train from South«mmoa.
joined at Bishopstoke by the trains from Sanibel',
port. There was no addition to the train after thit.,
an the van next the engine. Samuel Brownsuoe
th
under-gusrd. The train after leaving Bishops
of 7 passenger carriages and 3 vans. On arrinq
Purbright embankment, within about two miles
elt
Markland made the signal to put on the brake.
.1
train stopped I went to the engine, together me
the fireman, and DI arkland and Calvert got under d
to see what was the matter. Browasruith asked
should go back to signal . the up who.
yes, and if the goods train appears step rr
lighted Dfarkland and Calvert while they were lepi
engine. Brownamith went back directly. Be lidt
in his hand at the time. That lamp contanntr
lights—white, red, and green. I know Brown!
detonating signals; they are kept in a basket
know know that he had any of the detonating siglo;
when he went back. Ihe train had been at a
about four minutes when Brownimith weal:eta
the white light of another train approaching; that
twenty minutes after our train had sto. dd..
shortly after that told me all was right, ud
wa Mit
traija thet 0
bard'
coming my
h carriagesd passengersdu;hearda
n id
bkneezt• rheuririaeUptl,idiobijdlesouffgealialling aLlo;
aw
own train it had arrived, aid it was as mach as.
to maps from it. Alter the concussion, by oho,e_
NSW trait was divided, the engine and the Soso
carriages, which were in front, being
.forced
rcl'
yards beyond the others, the whole train being tine,'
distance, I saw Mukland, who was lying bete
of the up line, the engine and the fore pa!'l01
~!
having passed' over him, but without touchele,t'
was lying at about the sane spot as I hulled r
he duty to see that the signal lights are' IP,
There were three red lights attached to the
tea
Brownscaith the reason the goods train bad treT,
He told me that he had gone three-quarters el a
the line, waving his red light, but that the
.h"!,
atop ; and when it passed him he called out, MI
driver nor stoker. I think, had I been seat*
I should, in obedience to the 13th rule, hewer.
laud placed the detonating signals on the lino
I Mr. BtOwin remarked that hethan
to could
attenme•
wee in the detonating aigsignalcall
light.
ainsEriaar
guutati.d.fioonurresminumuetead.—anhedn
signal'
PyMr. Towne. —Bad a detonating si
shonkl say the goods train would ha
il w
was heart from the goods train until jUSt

moon, but in his van
in the guard Brownie,
etonating signet have h .
he ordinary aignat
is another signal liste,
c of rules now in use'—
„
ice the roles which
be issued u Sepinte •
superintendent, re.
ime of the aecideat. be
old be isible more th.
r. The place where
oche the 2ith mileau„
tkment at thetspx
tree miles long. /.,tte
tending at the ~
log back towards par*
Ate without intermettp
The steepest on the ma
branch there is a
e : There were four red
must have bete, .„,e
teen any luok o t .
sent d by all pari„„te'.
flrownsmitti mug b..
ur when the collision took.'
.tendent of the lament,
he goods train ought to kui
ident was 20 milea
tea. The luggage train -""
iy the p imager teak, ,
wards stopped at Yore
he next train due at Wok,„•
was due there at 8 o'cloei:
king at 20 minutes part g •
ne over which the goods
tan 20 miles an how, .
a a dear night I haveseea e..
miles. The white light .
ban the rel. i,)O yuck
sufficient distance to
es+ train, and on such a
t the Frimley embeakner,
That is note steep &Tithe,
in foggy weather or in slight
lit which occurred to then
ric strap--is one thetdoeser,
ich is liable to occur at ter
or company's workshop sa.
. bad been in nee ebout 15
mined both the engine,
lent. The engine of thr io
...el,' months. When let
in a perfect state of rexo
gof a cotter. Both rogue, a
usually employ more ?week
ri for pluisenger trains. neat
rorthy pawns. Jones I hulks
Fleming about twenty mc

r, 1 should he
ing heart the ;11.;
tat it would be
t the speed the ;-
of Goo yards
es from 20 x3O
r between twos&
where there i;
a than three ski':
ry from I in X;
adient, on which
. From ex '
eh a gradient a
of Friday mi.-
eras, travelling
hour, and ths,
at is indepeeden,
h engine-deism •
of extremity. 4
bin which a •
he distance Moo
also on the G
; in consequence
'hare is no •
would prevent d
end in the
sal lights on
Sr more. 1 ban
en the lights of
a off. Suds sei
sened under the
by the compel'
flee by the 13e0 r
ply the detonate!
, but it is posy'
1, that being the n
fight consider Out
es of fog, and that
; but the strict s
w theist to be tad
s any rout 141
'll'llwill ,
oesL
Id that the &ppm
tim, I am not ar,
po
might be pe
t obedience to rola:
blame men for nee
exercised. The ra
apposed that be so
shibition of the
even against ankle
of the man on tkIE
d a train from cma
Lts) been praxes!
when riding oo n a
idered faults wind
)t therefore one ,ee
e men accused in lb:
,ppen without eels
for instance, be is
id be looking forms
ttentioa, which it sa
d, might waive ce