The Express.
London, England, 1847-08-12 00:00:00

them is seed at ell c where high speeds are net re-
' gated. An engine travel lady at a speedo/ lendise
ea hear seer this part the line, supposing it were
ByJams : The oontractom do not'=2
and when they require any theyispeet
iieraweidee this pet el the line in a mopes eats of
maim Wawa wets di bake at all in every other chair, it
wadi be enflh We ham more chain than usual on our line,
because we have a weak rail. If there was only one bolt to
a chair, supposiagek te be the outside one, I should madder
it safe. any es of railway have been opened with only
ape spike. be the North Midland line the permanent
reils are as light as these. I examined the wheels
of the engine after the accident bad taken place ; they
were indented in so many places, that it was impossible to
discover where the fret Mow had been received. Any of
the engines made by Sharp and Roberts which are used on
ear line fulfil the conditiona. 1 mean by that phrase" pro-
piety constructed." I never reported to the company that
these en€ineswcre unsafe : it is out of my department to do
so. It is two years since I first became satisfied that they
were unsafe. it was Mr. Kirtley's duty to have made a re-
comesendatios to the company on this subject. When I
my that the road is in a perfect state of repair, 1 mean that
it is perfectly safe. The am:illation of the engines alone causes
them to run off the rails. An engine on the curves might
come off either on one side or the other.—A juror I inti-
mated to the surveyor yesterday that I should require the
line to be surveyed. I am not disposed to take statements
as to curvatures which may be made at random. There
to me to be great reluctance to afford the jury that
nie rsoroiation which awl enable them to protect the public.
Mr. Sanders, the Secretary, " We shall be happy te af-
ford any information that is required; but certainly no
application has been made to me en the subject of surveying
this part of the line. I thought we were here simply for the
purpose of inquiring with reference to this accident."—To
this the same juror replied: "We shall also require the
level of the rails. It seems it is at least a year since this has
been taken.
Examination of witness resumed : This accident occurred
about the middle of the curve. If you were to walk up and
deem the line now, it is not likely you would find a key
Wm. I have lately supplied the " ganger" on this length of
the Hoe with sleepers for repairs. I caw the sleeper in which
the broken chair was, and consider it safe.
Paul Lamb, of King's Norton, plate layer, in the employ
of the contractor for the repair of the line, was the next
witness. He said, lam engaged in the repair et the length
et line on which the accident occurred. I have been so for
lye years. I was upon the spot at 12 on the night of the
' accident. [This took place at 11.11 The engine was entirely
cif the rails, and upon its side ,• the tender stood on its end ;
the two leading wheels of the van were off the line; the
wheels of the other carriages were on the line. I examined the
Mate of the road where the engine bad run off : the chair was
broken where the engine first gave a " smack"—this was
00 yards from the spot where I found it. The chair and the
pins had been fresh broken, in my opinion. We had not
been repairing this part of the line for some days before.
I consider the road was quite secure, and in good
working order. It is my duty to go over my length
twice a day—morning and evening—in order to see
that the rails are tightened up. I went over it at five o'clock
on Friday afternoon, and examined every " key" through.
out the whole length ; they were all safe. After that train,
about four trains passed before this.—By a juror: The
page of the road was right, and the holding down pios
eseure.—By the coroner: I don't consider the road so safe
ms it used to be with the small engines. The chairs are the
best I have ever seen. The sleeper on which the broken
*air was was quite sound.—By a juror: I can read and
write ; I have 18e. a week, wet and dry. My occupation is
to keep the roadie good running order. I keep the timbers
up to their proper level. I have a book, with proper in-
structiono, and constantly read it. [Tha witness here read
a pumps from the book, at the request of a juror.] The
tienge of these engines rune deeper than the lighter ones
used to do.

A Juror : There are at least t.. 0 piss off near where the
accident occurred. _ _

Examination resumed: We have proper instructions
about the levels of the rails. There are stakes driven
into the earth. I don't remember how lor.g it is
since a level was taken. I do not think it is so long as
twelve months since Mr. Wynn levelled it. We work by
spirit lank every day, and take our levels from the proper
level pegs. I don't think there is above one of these in my
length of a mile-and-a-half. I hove not seen it for a year ;
but there are the permanent marks near the bridges.
Juror : It seems to me that you have been levelling one
rail from the other, without any reference to whether either
has sunk.

Examination of witneu continued: At the spot where
the accident occurred the outer nil is three-quarters of an
inch higher than the inner rail.—By Captain Codrington
The line takes more labour to muntain with these heavy
engines ; a chair will break occasionally.—By a juror The
outer rail is made higher at this spot than any other, in
order that the train may run steadier. I have been told
that this was essential by Mr. Wpm, the inspector.
The evidence of this witness was read over to Mr. Wynn;
he denied that he had ever instructed him to elevate the
outer rail to the extent described.

Mr. Sanders, the secretary, here intimated that the com-
pany were anxious that the jury should hare an opportunity
of putting questions to Captain Codr:ngton • he was sworn,
and in reply to questions by different jurors, fie said " I have
made an inspection of the line this morning near the spot
where the accident occurred : the rails and permanent way
bad at that time been entirely restored. So far as a cursory
observation of the line could lead me to judge, it app:ared to
be well kept. It is a matter of opinion as to whether
such heavy engines as are iu use could run lately over this
line ; there is no doubt but that the permanent way should
be strengthened in proportion to the increased vet ight of the
engines. The rails on this line are lighter than they would
be laid now. I have not had an opportunity of examining
whether the sleepers were dccay..d ; nor can I form any
opinion whether this rail was u.cure before the accident
occurred. I see nothing improbable in the supposition that
all the injury was done by one of the blows of the engine.
I think it is well at all times that a record of the
state of the road at the time of an accident should
be kept. To judge of the curve on which the
accident took place by the eye, and supposing the
information furnished to be correct, I think it may
be looked upon aa practically a straight line ; it is close upon
two miles in radius. I have known cases where an engine
has run off the inside of a line on a greater curve :ten
was an occurrence of this kind two years ago on the New-
castle and Darlington line, and a similar one on the Edin-
burgh and Glasgow. I have not yet had an opportunity of
completing my survey, consequently I have formed no opi.
nlon as to the cause of the accident.

The next witness described the state in which Warburton,
the deceased, was found after the accident ; this was corro-
borative of the facts detailed in the Daily News on Monday.
Mr. Thee. Merchant, an assistant engineer in the Jerrie*
of the Midland Company, and who had surveyed a
portion of the line near the spot where the accident
occurred, at the request of the jury gave evidence
to the following effect :—That he had surveyed 600
yards of the line; that the 'edition( the curve was 143 chains,
smallest elevation of the outer rail was three-quarters of an
inch, the greatest an inoh and a half. He corn; dered that 1
the line was not in a bad state of repair ; but at the time it
was constructed it was not anticipated there would have been
so mach heavy traffic ever it. He was of opinion, however,
that it was safe at a moderate speed, 30 miles an hour.
Thought 40 miles ought not to be run on it. Was further
of opinion that the eases of the accident proceeded from the
bursting of the cuter joint of the chair, occasioned by the
oscillation of tie emegiee, and that it could not have happened
if the engine had ad asillated.
Mr. W. H. Betio% die core
ty 'a engineer, was re-called.
He said that he had ne o make on the evidence
which bad been gime bra* the state of the rails.
Tlis w lite lamb sides evidence adduced : at its con-
elegise Mr. /ram adeerMil to a letter which appeared is
the Mass of Monday. lived by the passengers in the train
at the time ot this acediest, and containing two allegations
with reference to the seeded of the company. The first
complained of delay in transmitting the passengers to Bir-
mingham after the acadent. This he attributed to confusion
caused by the cocurresee ; and with reference to the state-
ment that the train w presseding at • more rapid speed
than usual, to make ap tardatays at other stations, he
showed by the evidence dike guard and station-master that
it had left the previous station, Bronagrove, exactly at its
proper time, and that this regularity had characterised the
whole journey.
The jury deliberated half an hour, and then returned the
following special verdict :
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