The Express.
London, England, 1853-01-18 00:00:00

THE EXPRESS, TUESDAY EVENING, JANUARY 18, 1858.

of Captain Bruyerse and Kitsch was to the effect that the
whistle only was used. He (Mr. Brunner) had endeavoured
to collect from the evidence that portion which'
related to the company's servants, because his doctrine
as a coroner hail always been that where machines were
under human agency, some human agent ought to be re-
sponsible for any casualties that occurred. They would no
doubt agree with him that some fault was imputable to
Smith, the foreman of the engines, for having quitted the
station at four o'clock without leaving some one in charge of
the train and to examine the persons that were to conduct
It before they proceeded on their journey. The evidence
upon this point was confirmed by Mr. Blott, who said he
was not aware that any person hail taken Smith's place ;
end, indeed, that he did not know that Smith was away at
al. Smith stated that there was only one line for the traffic
between Islip and Oxford ; and that left no doubt that there
was a greater risk there than at any other point of the line.
It was also clear that between Banbury-reed and Oxford
there was a still greater risk, in consequence of the presence
Of the ballasfwxggons employed bz the contractor for the
repairs of nuivercot Tunnel. tylitz: rneeetion
which has been taken of using a pilot engine ought not
to have been adopted before would also be a
matter for their consideration ; as well as whether

a further amount of ---comm unication by signals
or otherwise ought not to have been resorted to
while there was this additional risk ? Whether the di-
rectors of the company and their servants had used addi-
tional precautions or not, was a matter in the consideration
of which the jury must be guided in great measure by the
facts appearing in evidence—nainely, that from the station
to the bridge there was only one policeman fur a distance of
300 yards; that the pointsman at the bridge was also the
signalman, having no fewer than 14 sets of points besides
the bridge and auxiliary signals to attend to. It was true,
that in explanation of that Herculean task, Capt. Bruyeres
had stated they were only bridge signals; but it was clear,
from what had occurred, that they were necessary for the
security cf the trains and the passengers in leav-
ing Oxford station. Again, what further communication
had they between the engine-house, the auxiliary
signal, and Wolvercut tunnel ? None. A line
of two miles was left without any signal or policemen ; and,
except the plate-layers, who left work at dark, there was
not the least protection to the public. It was for them to
consider, not only whether they would let this inquest pass
off with a mere expression of opinion, but whether they
would not suggest to the legislature the importance of in
terfering to prevent, by Bann pains and penalties, the re-
currence of such neglect, and to ensure to the public better
protection in tuture. The Coroner then proceeded to dis-
cuss the paramount question of who it was that had
started the 5.30 passenger train; and, in elu-
cidation of this point, he read over the whole of
the evidence relating to the subject. If they should be
of opinion that the driver was the person to blame,
although he was dead, the culpability would still attach
to him in law as far as their verdict went. The explanation
of the accident, which had been given them by those whose
position best enabled them to judge, was this:—Thu coal
train had not come in; the passenger train was waiting to
depart ; a ballast engine, thelwhite lightof which mights,have
been mistaken at a distance fur green, arrived in the same
manner, and went on the same line to the ticket
platform, going on the bridge and then going back
as the engine of the coal train might have dune it
it lead been unhooked. But whatever might have
been the use, it was their duty to divest their
minds of all they had heard except in that room.
They must not let even the sad appearance of their fellow-
creatures who had been hurried to so unfortunate en end
knee the least effect in swaying their decision. Their only
*Hy on behalf of the crown was to render such an opinion
• du evidence would warrant, as to the cause of the death
et dins deceased persons, and whether one or more indivi-
duals were guilty of su:h neglect as would render them
Yells te resishment in a court of justice. In coming to
aka hamiinsion, they must be actuated by no motives of
kit, • dhetions of favour or malice. if any one of the
palms entrusted with the train had started it without
eukre—if any one who ought to have given the order
had done so without proper care and precaution, his
conduct would come within the legal definition
of manslaughter; and it would be for the jury
to say whether any person should be sent before another
tribunal to answer such a charge. It would also be for
them to say whether or not there had been a general
negligence, and whether the precautions provided by the
company were inefficient for the safety of the public ? It
might likewise be their duty to inquire whether any sug-
gestion might not be offered that might provide additional
means of security to railway passengers ; and the import-
ance of their decision could not be overrated, because it
would, probably, be made the basis of legislative interfer-
rote.
At 20 minutes to three the room was cleared, in order
that the jury might consult upon their verdict.
No decision had been come to at 8 o'clock, when the last
train left.