The Express.
London, England, 1848-02-02 00:00:00

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The Marquis of Lansdowne arrived in town to
attend the council from Windsor Costly.
The American Minister had an interview with the
Might Hon. T. Milner Gibson yesterday, at the oflloe of the
Board of Trade.
Mr. Forster, Mr. Gurney and a deputation had an
Interview yesterday with Lord John Rummell, &this residence
in Cheaham-place.
Dispatches were received yesterday at the Colonial-
ceic• from the Governors of f3outh Australia' and the
Mauritius.
hes were sent off yesterday evening from
theDgrill-oftics for the Governors of the West India
eolonies.

LETTES.—It is the intention of her Majesty to hold
two levees and a drawing-room at St. James's Palace in the
course of the present month.
TUE EAST INDIA HOUSE. —NEW GOVERNOR OP
BOYBAY.—Yesterday a Court of Directors was held at the
But India House, when the Right Hon. Viscount Falkland
'no appoint4d Governor of the Presidency of Bombay.
ADDITIONAL MAILS TO The NORTH.—By recent
arrangements, a third mail, which will arrive in London at
Avs pm., has been established on the London and North-
Wools line. Similar arrangements have for some time
!seat been in existence on the Brighton and Southampton
ham, and it is gratifying to hate to state that the respective
companies have m the moat liberal spirit met the endeavours
of the Pat-office authorities to give this additional oonve-
nience to the public, the extra service being performed on
these lines without further expense to that department.

(From last night's Garotte.)
LORD CIIASIBERLAIN'S-OFFICE, FEB. 1, 1848.—The
Court will go into mourning to-morrow, the 9rd inst., for his
late Majesty Christian VIII. King of Denmark, viz.:—The
ladies to wear black silk, fringed or plain linen, white glossa,
necklaces and ear-rings, black or white shoes, fans, and tip-
pets. The gentlemen to wear black, full trimmed, fringed
or plain linen, black swords, and buckles.—The Court to
Change the mourning on Thursday the 17th inst., viz.:—The
ladies to wear black silk or velvet, coloured ribbons fans,
and tippets, or plain white, or white and gold, or white and
silver stuffs, with black ribbons. The gentlemen to wear
black coats, and black or plain white, or white and gold, or
white and silver stuff waistcoats, full trimmed, coloured
swords and buckles. And, on Thursday the 24th inst., the
Court to go oat of mourning.
DOWNING-STREET, JAN. 31.—The Queen has fjven
orders for the appointment of Major-General Sir . H.
Littler, of the Bengal Infantry, Kt., C. 8., to be an Ordinary
Member of the Military Division of the First Clan or
Knights Grand Cross of the said order.—The Queen hu
also appointed Alßadey, Big., to be Surveyor-General for
bar Majesty's settlementa in the Falkland islands.
FOREIGN-OFFICE, JAN. 31.—The Queen has ap-
proved of Mr. Ludwig von der l'fordteo, as consul at Malta
for his Majesty the King of Hanover.

. . _
The DEATIIB IN LONDON during the week ending
Saturday last, Jan. 29, were 1,457 ; being 350 above the
avenge. The excesaive mortality is shown by the tables of
the replistrusel chiefly to arise from typhus, measles, small.
poi, influenza, and inflammation of the lungs and air-tubes.
It should be remarked, however, that as compared with the
deaths of the previous month of December the mortality
from influenza has very greatly diminished—the number of
fatal cues during the'past week being only 56; whilst during
the week ending December 11, the deaths from influenza
were upwards of fifty a day. The births during last week
were 1,346, or 111 less than the deaths.
NEWSPAPERS CAN BE LEGALLY LENT ON HIRE —ln
the case of " Miller v. Champion," reported in this paper on
Thursday last, and headed, " Newspapers cannot be legally
lent on hire," it was decided by Mr. Damns, at the Blooms-
bury County Court, that newspapers could not be lent on
hire. This decision, we learn, from a competent legal
authority, is erroneous. There is no law against lending
newspapers for hire. There was formerly an act (29 Geo.
111., c. 50, 1798) which prohibited it under a penalty of U.;
but that act was repealed by the present Newspaper Act,
6 & 6 Will. IV., c. 76, and the provision has not been re-
enacted. Indeed, for many years previously to the repeal
the enactment had, wfar as the Stamp-office was concerned,
become a dead letter, it having been ascertained that the
practice of letting out newspapers tended to promote the sale
cif them.

THE ACCIDENT ON THE SOUTH WESTERN
RAILWAY.—THE INQUEST.
The coroner's jury re-assembled yesterday morning
at the Railway-tavern, Waking, and resumed their invesu-
gation as to toff cause of the death of David Markland, the
victim of the collision on the 14th ult.—After the names of
the jury had been called over, the coroner (Mr. Woods) in-
formed the jury that since their last meeting he had applied
to the Secretary of State for the Home Department to
issue his order fir the presence of the two men to whose neg-
ligence the accident was charged, and who were in custody
ca remand from the Lambeth Police-court. The answer he
bad received he would read to the jury. It was as follows :
Whitehall, Jan. 27.-81 r, lam directed by Secretary Sir George Grey
be selowarledge the receipt of your letter of the 28th inst., and to
Inform you that be Ma not the power of keying an order on the
rater for Winging before you as osroner the two prisoners to whom
you refer, to be examined as winsome on the inquest now pending:
rice does the magistrate who committed the pethamere poems that
power. Sir George Grey would be moat ready to amid you by all
mesas in hie power with a view to promote the inquirywhlch you are
sow carrying on, and regreta he cannot moist on the present onni-
elen,—l am, air, your obedient servant, J. H. Puthum.—C. J.
Woods, county cowers, Gollaiming.
It appeared from this that it had been understood at the
Home-office that his application had been for the attendance
of the parties charged as witnesses, whereas it was rather
that they might be present to hear the evidence against
them, and to offer such explanations as they might desire
to advance respecting their conduct. After this reply,
the only course remaining open to ensure the attendance of
the accused would be an application to the Court of Queen's
Bench, but such an application would come with more
propriety and with greater chance of SUOMI from
the prisoners themselves, therefore he had not re-
sorted to it. He bad, however, felt it to be his
duty to write to Mr. Keene, the governor of Flores-
monger Gaol, to give information to the two men, Jones
and Fleming, of the adjournment of the inquest, in
order that it might be ascertained whether they wished to be
present or not, and from him he had learned—what the jury
no doubt already knew—that Jones, the engine-driver, had
been admitted to hail, and that Fleming, to whom he had
communicated the contents of his (the coroner's) letter, de-
sired him to state that he was desirous of being present.
Under theme circumstances it was for the jury to say what
alone should be pursued. With regard to Jones, who was
at liberty, he was not aware whether he would be present
met
Mr. Wolff, a solicitor, said that he was acting profession.
ally for Jones and Fleming, and was there present to watch
the proceedings on their part. He had thought it his duty
—looking at the interest of his clients only, and without in-
tending any disrespect to the advisecourt—to that Jones
should not be present.—The Coroner inquired whether Mr.
Wolff desired to put any question to any of the witnesses
who had been previously examined I—Mr. Wolff thought,
in justice to the accused, he should have an opportunity of
cross-examining the witnesses whose evidence had already
been given. He wished, however, to say that he had advised
Jones not to attend.
The Coroner then read a certificate from the hospital to
the effect that Fortescue, the guard, was still in a very pre-
carious condition, and was not likely to be sufficiently reco-
vered to attend the inquest for some time. Calvert, the
fireman, was also not yet able to be present. He aloe read a
communication front Mrs. Markland, the widow of the man
who was kilted, stattng that the person (Mr. Towne) who at
the previous meeting of the jury had stated that he attended
to watch the proceedings on her behalf, had done so without
her authority or knowledge. Seeing that Fleming had ex-
pressed his desire to be present, and that it was proper that
both he and Jones should have the opportunity of hearing
the evidence against them, he should propose, after taking
some further evidence, that the inquiry should be further
adjourned.
The Foreman pretested against a further adjournment.
He could see no use is it, seeing that the solicitor for the
accusdd had declared that he should advise them not to

attend.
The Coroner observed that as many of the witnesses who
hal been previously examined were not present, it would be
necessary, as a matter of justice, to enable Mr. Wolff to ex-
amine those witnesses, that the inquiry should be again ad-
warned.
The Foreman said the inquest had been adjourned from
the previous occasion solely for the purpose of giving tke ac-
cused parties en opoortunit, of attending. They were now
told by the solicitor that they would not attend, or that he
weald advise them net to attend. Ile could see, therefore,
no use in a further postponement.
Mr. Dalrymple, the company's solicitor, asked if Mr. Wolff
could stet* positively that Jones would not attend if the
inquest was adjourned ?—Mr. Wolff could say positively that
neither Jones nor Fleming, supposing the latter should be
liberated, would attend the inquest.
The Coroner then intimated that he would recall such of
the witnesses who had been previously examined to whom
Mr. Wolff wished to put any questions, and handed to Mr.
Wolff the depositions which had been taken at the two pre-
vious examinations.
Wm. Rudd was then called and examined by the Coroner.
Re deposed as follows : I am a brakeman in the employ-
ment of the South Western Railway Company. I was with
the goods train which left Southampton at ten minutes past
4 p.m. on Friday, the 14th of January. Our train stopped
at the Winchlield station to allow the 6 p.m. pusenger-train
to pus us. We go on direct from the Winchfield station
after the passenger train passes us. Thomas Fortescue, the
guard, and myself were in charge of the goods train. Jones
wee the driver, and Fleming was the firemen. Oar train
consisted of 31 carriages and trucks, besides the engine. I
was in the 29th carriage. I was riding inside the carriage,
which was a second-clam carriage. We attached two car-
Tinges to our train at Farnborough. The guard's box, which
is a waggon covered over next the tender, was occupied by ,
Fortescue. Our train stopped at Farnborough ten minutes,
I was not aware of any danger until the accident took
Place. The first intimation was the whistle, which I heard
at the Purbright embankment, about five or six miles from
the Farnborough station : that was the whistle of our own
engine. I then looked out, and saw a red light, which I be-
lieved to be our own side light, but I am not sure that it
was. The collision took place very shortly after that. There
was no brake to the carriage I was in, or I should have ap-
plied it on hearing the whistle. If I could find • carriage
near the end of the train in which there is a brake, that
should be my place; but it is my duty to ride as near the
end of the train as possible. I afterwards found that
there was a first-clam brake carriage attached at Farn-
borough, but I did not know it was a brake carriage
until after the accident. That carriage was behind
the second class carriage in which I rode. I received •
knock ott the head from the side of the carriage when the

oollkdon took place. The next thing I heard wee Mr.
Ward's shout. I imagine from Mr. Ward's statement to me I
that that must have been after the collision. I will not un-
dertake to say positively whether it wu before or after. I
went with Mr. Ward to the front of the train, and saw the
nature of the accident. I then suggested that I should go
back to stop any other train that might be coming. I did
stop another goods train at about a mile and a halt's dis-
tance from the accident. That train would have been
due at Woking at about eleven o'clock. I stowid
till that train came up. I did not go back
as far as the Farnborough station. I saw Jones
and Fleming getting off the engine after tha accident.—Bp
the Foreman : How many hours a day do you travel as
brakeeman t—Twelve to fourteen, sometimes sixteen ; but
it depends on how we keep time. There is no elevated box
for the guards on luggage trains. We cannot see without
getting out of the carriage. We cannot apply the brake
without getting out. (The witness explained from a drawing
of an engine which wu exhibited by Mr. Wolff that to ap-
ply the brake the guard or brakesman had to get out of the
truck in which he rode and to walk along a narrow plat-
form about as wide as a man's hand to the end of the car-
riage, and then stand on the buffer and press
down the brake with the foot.) There was a
handle to hold by at the end of the truck. The
width of the platform wu not more than 2 1.12 inches.—
The Fovenuin expressed his opinion that such an arrange-
ment was most defective and hazardous W the life of the
_ _

or brakeeman.—Cross--examined by Mr. Wolff:
V;:tra have to press on the brake our full weight
while the train is going at full speed, and they when
ia sufficiently depressed to stoop down and put in • pin to
keep it down.—By the Foreman : It is no doubt a danger-
ous practice, but we have not time to think of danger.—By
the Coroner : Had I been aware that there was such a car-
riage in the train I should have been in the next attached to
the firatclus brake carriage, where I could have applied the
brake without any risk. There are not brakes attached to
all &steles' carriages. It was dusk at Farn-
borough when the brake carriege was attached,
and I was then in the second-clue carriage
and did not again get down till the accident had occurred.
My duty is to attend to the lamps, and see to the attaching
and detaching of the waggons at the statior.e--By Mr.
Wolff: We have sometimes two brakes on the luggage train.
I do not know whether there should have been two brake
carriages to our train on the night in question. I should
imagine there should. There was a broke on the tender.
The brake next the tender was under the control of
Fortescue. I believe it was in proper order. I could see
nothing of the passenger train until immediately before
the collision. We left Southampton at about 4 o'clock, and
arrived at Farnborough at about 8. At Frimley cutting
there is • curve, and the drivers are required to go
round Ili with care. There is a wall there ; there is also
a gradient falling this way. I cannot say how far a train
could be seen on that night. There was a mist in patches,
and when we got near, the canal, near which the accident
occurred, there was a Tog. The fog was sufficient to obscure
light in some degree. Our train was a little behind time,
and we were going middling quick while in the cutting. I
Mt a sort of rebuff shortly after leaving the cutting as if
the engine was reversed. The night was a damp one, and
dm rails were slippery. It is more difficult to stop a Main
when the rails are wet than when they are dry. If I had
had a brake at my command and applied it, it might have
asehted in stopping the train. I am not aware that
Mesmemith and Jones appeared on bad terms that night.
I Nome undertake to say whether the steam was on the
e train at the time of the collision. Heard no deto-
liguals previous to the collision. Saw no fog signals
bat e one I let off when I went back. I was provided
with detonating signals, and our directions are, in case of
eeddent, to go hack 6N yards and then place a detonating
signal on the rail, and others at distances of 100 yards apart.
--By the Coroner : The mist in some places was sufficient to
make a light look dim. The windows of the carriage I
Ms in were closed, except the one I sat by. The rails were
in a slippery state. After the accident same sand was
ron the ride prevent the waggons running down
la neline, to
after the engine was detached from the train.—
By ajuror : When I had gone back a mile and a half to
seep the next train, I could see the light of my own train.
There was one place at which I could not see the tail light.
—By Mr. Dalrymple: Before I came to Farnborough I was
tiding in the road box. There was no inside Innate to the
teaks in that box. As the guard and brekesman are re-
Lifedto ride in the road box, the fireman and ,!river should
t) a good look out. The tender brake is the principal;
the other brakes are merely subordinate, and one intended
merely to stop the waggons at the stations.
Mr. Dalrymple stated that brakes of an improved con-
struction and elevated seats for the guards were b, ing ap-
plied to the road boxes, as suggested by the jury at the last
examination, The brakes would in future all been constructed
so as to work from the inside of the road boxes.
The Foreman stated that he had asked the question as to
the number of hours the guards were employed, because he
had heard they were sometimes worked as many as 24 hours
without any rest.
In reply to questions put by the Coroner, the witness
stated that, on tee Thursday night before the accident. be
left London at 12 o'clock in charge of a down train, and
arrived in Southampton at 6 o'clock in the morning. His
duty then ceased until about 3 o'clock on Friday afternoon.
Had no accident occurred, he should have arrived in London
at about 10 o'clock, and should not have been called upon to
go out with another train until 10 o'clock on the following
night.
Mr. Henry Eutman, timekeeper at Southampton, spoke
to the time at which the trains left Southampton on Friday,
14th January, and the permits who were in charge of them.
It was his duty to see that the enginemen and firemen wore
sober before leaving. The driver and fireman of the 6 P.M.
passenger train were perfectly sober when they left South-
ampten, as were Jones and Fleming, who had charge of the
luggage train. Jones had always appeared a steady, sober,
and well conducted man.
Mr. Dalrymple observed that Jones, as far as the company
was concerned, enjoyed the character of being one of their
best and steadiest drivers.
Wm. Jenard, a porter at the Farnborough station, doeed
that Jones and Fleming appeared to him to be perfectly so-
ber when they stopped at the Farnborough station.
Mr. Thos. J. Miller, station clerk at Woking, saw Jones
and Fleming at shout 2 o'clock in the morning after the ac-
cident. They were then sober.
Wm. Locke, a labourer in the employ of the company,
who was a passenger by the train which was run Into, de-
posed to the circumstances of the accident and the sending
back of the guard to warn the approaching train.
Cross-examined by Mr. Wolff.—The passenger train had
been stopping perhaps a quarter of an hour before I heard
that Brownsmith had been sent back to warn the coming
train. When the whistle was heard, the goods train was
from 300 to 400 yards from the passenger tram. The rails
were wet and slippery.
Thos. Stevens, a gas-fitter employed by the company, con-
firmed this witness's evidence.
Mr. Gooch, recalled at the request of and examined by
Mr. Wolff : I have myself driven an engine under circum-
stances as to weather, gradients, weight, and breaks, similar
to those of the luggage train in question, and can speak from
my own experience that it might be stopped within 600
yards.—By Mr. Dalrymple : The tender brake is the prin-
cipal brake, and that on which the reliance is placed.—By
Mr. Wolff : If no signal was given or seen by the driver.
A. consultation here took place between the coroner and
jury (strangers being excluded) as to the further adjourn-
ment of the inquiry, the result of which was, that after the
examination of the next witness, the inquest should be ad-
journed to a future day.
Samuel Brownsmith, the under-guard of the passenger
Vain, and who had been sent back to signal the luggage
Main, was the next witness called, and after being told by
the Coroner that he might refuse to give evidence if he
pleased, and that any questions he might object to answer
would not be premed, while any evidence he might give
might be eh rwards used against him, deposed as &noes
On the 14th January I was acting as under-guard to the
5.30 p.m. passenger train from Gosport. We joined the
6 p.m. passenger train from Southampton at Bishopateke.
We passed the luggage train at Winchfield. We arrived at
the Furbright embankment before anything particular
occurred. At about five or six miles from the Farn-
borough station I perceived the engine-driver had shut
off his steam. I applied the brake, arid the train
was stopped. It then wanted one minute to eight.
I passed along the side of the train to the engine. Mark-
land told me the repairing of the engine would occupy four
or five minute. I knew that the goods train world be
soon due, and suggested to Whiting, the head guard, that I
should go back and signal it. He concurred, and I went
back. The train had stopped about four or fire minutes be-
fore I went back.—By the Coroner: The usual signal in
such • case is the red light, which I used. The guards are
each furnished with a book of rules for their guidance.
I know the rules 13 and 47 perfectly well. I considered that
under the circumstances we were placed in that night the
red light would be sufficient. I had with me some of the
fog signals, which are carried in the van in a basket. I
consider the fog signals are for use in foggy weather, or in
deep cuttings, where the red light would not be eerily seen.
The Coroner then read the 13th rule, which requires that
in the event of an accident the under-guard is to go back
600 yards with the danger signal, shown to stop any coming
train, and there remain until the line is again clear and un-
obstructed. (Here the witness remarked there was a full
stop Whenever it is to do this he shall place on
the rat of the coming train detonating fog signals at dis-
tances not greater than 100 yards apart to the point specified,
and in foggy weather he shall also turn, on the approach of
the train, the fog signal light.
Examination resumed: I always considered that, with
regard to the fog signals, there was • discretion left with me
as to the circumstances under which they should be used ;
and I did not think that, tinder the cirmunelenees as they
existed en the night in question, it was neouurry for me to
nse them. I considered it to be my duty to p look EOO
yards with the red signal light. The de if
I used them, I should consider it nn
ecessaryi"MVllN
at a distance of 600 yards, and then go oa and plasm ethos
at the distance stated. As I expected to be re-
tailed to my own train every minute, I did
not think it right to go back to Farnborough.
The head guard did not give me any specific instructions ea
to what I should do, whether I was to use the fog-signals or
not. I believe the gettersl interpretation of the rule Is, that
there is a discretion with the guards as to the use of the de-
tonating signals. On the night in question I thought the
red light would be sufficient. We were on a high embenke
meat about three miles in length from which a light MOM
have been seen at a distance o three miles. The night wen
clear. The moon was not visible. I did not perceive the
slightest log or mist. I should say I went back half a sib
with the signal light. I remained there about five minutes
before I saw any appearance of the coming train.
From the time of the first stoppage until I saw
the coming train must have been full 20 minutes. I heard
the train coming through the mating Ware I saw it. I
first maw the white light of the train as it emrged from the
• salting. The man was them almat 24 flea him am I

looked back towards the passenger train. and could the
timidly see the red lights attached to it. The moment I saw
the white light of the coming train I held up my red light
u the signal of danger. There are three lights to my lamp,
red, green, and white. The green denotes caution, and the
red danger. It was the red I exhibited. I waved the light
backwards and forwards. The train came up without stop-
pimg and passed me. The steam was not then shut off, nor
had the train slackened its speed. I should say it was tra-
velling at about 20 miles an hour. I could see unperson on
the engine. I think the light from my lamp would have
enabled me to distinguish any persons there had they
been in erect positions. Had they been stooping I might
not have observed them. I looked particularly if I could
see ai y one on the engine, finding the train did not stop, but
I could not. I did not see either guard or brakeman, or
any one at any part of the train. As I came running back,
when the luggage train had passed me, I saw a man stand-
ing on the engine in en elevated position, who appeared to
be in the act of reversing the engine. This was after I had
heard the shouting to atop the train. I went back to my
own train, and found the collision had taken elate. I have
never been instructed ea to the meaning of the rules. lam
sometimes in charge of a train myself. Before I was ap-
pointed ! was instructed in my duty by other guards, with
whom I travelled up and down the lino. I have been in the
company's service seven years, two years as a guard. I have
I never had occasion to use the detonating signals nor have I
known an instance in which they have been Used to stop
a train under circumstances similar to those of this
eoci-
dent.—B the Foreman : I believe it is generally understood
that 1 did my duty on the occasion. If this accident had not
occurred I should not now, under ordinary circumstaaces,
use those signals for the purpose of stopping a train.—By
' the Coroner I shouted as the train approached me besides
exhibiting my red light. lam sure it was not the white or
green light I exhibited. The rails were very wet at the time
of the accident. I was present when Mr. Ward was talking
to Jones. He said he had not seen my light, and that he
had only seen one light at she back of the passenger train,
which was burning very dimly.—By Mr. Dalrymple : I did
not know Jones before this occasion, and there was no
animosity or ill-feeling between us. The :ode of signals
which we now have was issued only about a month since.
in the previous rules there was, I believe, no mention of the
fog signals. The fog signals themselves were issued about
twelve months since.
Mr. Stavin, in answer to the Coroner, stated that, in
respect to the instructions by means of flags and 'Urania, they
were the same in the new ea the old rules. The fug signals,
which were a new invention, had been added as an auxi-
liary to the usual signals.
Witness cross-examined by Mr. Wolff: I was placed in
custody by the company in respect to this matter. I did not
see any fog or mist in the Frimley cutting on the night in
question. The words in the 13th rule, " Whenever it is
necessary to do this he shall place on the rail of the coming
train detonating log signals, at distances not greater than 100
yards apart, to the point specified, and in foggy weather he
shall also turn, on the spproacti of the train, the fog signal
light," I consider leave me a dim:el:lon. It is not, in my
°Viiir'flp;r:itivee.eronkrinzowe guard,th uenctitg• ssitteciTtMr:
stsnces, exercise discretion or do other than implicitly
obey the rules ?—Witness : I have never known a ease in
winch those signals have been used. The rapidity with
which the luggage train passed me might have prevented
my seeing persons on the engine. Seven or eight minutes
elapsed from the time I signalled the luggage train before it
me, and ten minutes perhaps before the collision.
he witness was further cress-examined at considerable
' length, but his evident* in chief remained unshaken.
By Mr. Dalrymple: I did not go further back than the
distance I have stated, because from what Marklend stated,
I expected to be recalled to pro. seed en with my own train.
Thos. Smalley, the guard of the next luggage train to that
which caused the accident, proved that he saw distinctly the
red danger lights of the disabled train at a distance of two
miles. He could distinguish that the fights were those of
a passenger train. There was a little mist near the water,
but the atmosphere was clear on the embankment.
The inquest was then adjourned until Tuesday, the 15th
inst., at two o'clock.