The Express.
London, England, 1846-09-26 00:00:00

Kato Enterntoce.

COURT OF BAN K. PTC Y. —Y ESTMIDAT.
Before Mr. Cemmi“.ioner E%
CONTEMPT OF COERT.—Mr. Sturgeon, as counsel for Mr.
Smith, applied for the dischnige of his client from custody, w ho
had been committed to prison for contempt of court under
the Small Debts Act, under the following circumstances:—
About two days before the time appointed for the defendant's
appearing at this court, he had an interview with the plain-
tiff (Reeve), and after haling consulted with a friend, he
(Reeve) consented to take 41. in liquidation of his debt and
costs, amounting to nearly 201., and signed a receipt to that
effect. Some time after the defendant was taken into
custody under on order from this court for non-attendance to
the summons at the suit of the plaintiff. This arrangement
had been made without the knowledge of the plaintiff's
attorney ; and the question was, whether it was done to
cheat him out of his costs.
After Mr. Jones had been heard contra,
His Honour said that the payment of a smaller snm was
not a satisfaction of a larger sum, and that the plaintiff had
no right to arrange the master in the absence of his attorney.
Mr. Sturgeon then submitted that es the plaintiff had
signed no request for the issuing of the summons under
which the defendant had been taken in custody, his Honour
would order the summons to be cancelled, and the defendant
released.

This point not having been answered, the learned Corn-
miasioner ordered the summons to be cancelled, and Smith
released from custody.

INSOLVENT DEBTORS' COURT.
IN RE MACLEOD.—The amount of the insolvent's lia-
bilities was 61,0001. ; for some of the debts securities had
been given. The insolvent had property at Inverness, which
was valued at 77,0001., but wluch had been sold for much
less than its estimated value. A very valuable library, for
instance, had been disposed of at 3s. or 4s. the " yard." The
insolvent said that debts had been registered against the
property to the amount of 44,0001.—The Chief Commissioner,
Mr. Phillips, said that though it was lamentable to see such
immense losses, yet as nothing was urged against the insol-
vent but • careless sort of indulgence, the only course for
the Court to adopt was to grant the discharge.—Discharged
accordingly.

CENTRAL CRIMINAL COURT.—YESTERDAY.
OLD oOURT.—ltefore Justice Manic and Baron Platt.
THE FATAL ACCIDENTONTIIEEASTERN COONTIES RAIL-
WAY.— W. Clare, an engine-driver OA the Eastern Counties
Emlwoy, rurrendered to take his trial on an indictment
charging him with having, on the 18th of July last, caused
the death of W. Iliode. There were several other charges in

the indictment—The Attorney-General, in stating the ease
for the Eastern Counties Railway Company
.(who prose-
cuted), explained that a person driving an engine wantonly
was, in the eye of the law, guilty of murder ; and if,
through negligence or aimlessness without the aggrava-
tion of wantonness, death wu mined, the prisoner was
guilty of manslaughter. He believed it would be esta-
blished, that the company bad done everything they
could to prevent the death which bad occurred i but
if it should be proved to them that the prisoner
was incompetent to the duties which he had under-
taken, the jury must return a verdict of guilty. The pri-
soner was a person of excellent character, of steady habits
an 4 excellent disposition. Before he was engaged by the
company he had been more than ten months in the service
of Mr. Jackson, the contractor, whose engines he had driven
with competent "kill. In the course of his service in the
employ of Mr. Jackson he bad abundant opportunities of be-
coming acquainted with the mode of managing steam-
engines. On Sunday, July 18, there was an engine, No. 10,
near Romford, in a disabled state, and the Superintendentof
the engine department instructed him to tow the disabled
engine with another engine, the Fire fly, into the Romford
station. That was done, and the prisoner then backed to a
siding to enable the Ipswich passenger train to pass by. The
train passed on towards London, to which the prisoner was
also going. Five or six minutes after that the prisoner
started with the Fire-fly, with a few empty trucks. It was
broad daylight; and while in sight of the Rem-
ford station be went cautiously, as he had been
W warned to do by the signals. hen, however, he
bad proceeded some distance he went at a very rapid rate.
When the Ipswich train had passed the signal-post at Ilford,
a signal was put up to indicate that all engines coming up
must stop, and the prisoner did accordingly stop his engine ;
and ou being asked by a person on the line why he stopped,
~
he said, " Don't you see the signal is down, and we must
stop, or there will be danger 1" That would prove that the
prisoner was sufficiently well acquainted with the signals, end
the consequence of disobeying them. When the Ipswich
train had arrived at Stratford, a signal was put up to stop any
other train, in the same way as at Ilford ; and which
could be seen at a distance of 436 yards. That was more
than sufficient distance to enable the prisoner to bring his
engine to a dead atop. The Ipswich train had stopped at
Stratford about two minutes, and was about to start for
London, when the station-master observed the engine
coming up at a furious pace ; and, although orders were
given instantly to the engine-driver of the passenger train to
start, yet such was the rapidity with which the Fire-fly
came up, that notwithstanding thepassenger train moved on,
the Fire-fly overtook and pushed against the passenger
train, and the death of Mr. Hinde, and serious injury to
several other persons, ensued. These were the circum-
stances of the case; and, if they were proved by the wit-
nesses, it would be their duty to return such a verdict as
would prevent similar conduct in future, and give to the
public that protection which their safety required.—
James Backhcuse, a coach-spring maker, on the Eastern
Counties Railway, proved that he saw Mr. Hinde imme-
diately after the accident had occurred. He was very much
bruised, and in a very dangerous state. He assisted in re-
moving him from the platform—William Bush, a porter-at
the Stratford station, gave similar evidence, and added, in
cross-examination for the defence, by Mr. Montague
Chambers, that since the accident several porters have been
put on at the Stratford station. The staff at the station was
also increased. The signal man at the time of the accident
had other duties to pertorm, he was a porter, and assisted in
removing carriages to the slidings, and was also the point
man. Since the accident an additional signal man and an
additional station master had been appointed. Since the acci-
dent another signal post had been placed at the station, nearer
to Ilford, and which could be better seen by the trainscorning
tc wards London. At the time of the accident he was signal mass.
After medical evidence had been adduced to prove the cause
of Mr. !Endes death.—Mr. Benjamin Richardson, station
master, Stratford station, was in attendance there on the
18th of July last. He had been seven years in the company's
service. The Ipswich train became due at Stratford at four
minutes to four o'clock, but it was on the 18th of July ten or
twelve minutes late. It consisted of ten or twelve carriages,
the last one being a second-class carriage. At the time of
the accident they were taking in water. On looking clown
the line, he saw the Fire-fly coming up at a rapid rate,
between the signal and the station. The signal was at the
time down, and indicated that any other engine
coming up should stop. The engine came on, and the
accident ensued, although he had ordered the engine
driver of the Ipswich train to go on. Ho had known
the prisoner for three years.—Cross-examined by Mr. Clark-
son : About two years age the staff at Stratford had been
reduced by two, a clerk and a porter; and there was a far-
ther
reduction a few weeks before the accident. The
prisoner had been engaged by the company somewhere about
twelve months. Jig had frequently driven Mr. Jackson's
goods' train. Does not know that the prisoner had driven
an engine before on the line but twice. He knew that he
had but one eye, The signal was attended at the time by a
lad of the name of Unwin. A few minutes before the
Ipswich train came in he saw Unwin sitting on the handle
of the signal, with his face towards London and his back to
Ilford. Ho (the witness) checked him for doing so, and
ordered him to look out. The train was ten or twelve
minutes over due, and he could not swear that
he sent Unwin to attend to the signal before the time
the Ipswich train was due. He knew -the boy had
been at the signal post before four o'clock. The
• man whose duty it was to attend to the signal was assisting
the other men in loading and unloading cattle, and other-
, wise assisting the other porters. He did not know that the
prisoner had or had not Instructions to stop at the Stratford
station. Ile could not say that a signal-book had ever been
r given to the prisoner. The Fire-fly was going at a pace of
10 or 12 miles an hour. There were two carriages smashed.
lie was not aware that a truck-train was coming up, or ex-
. pected. It was the custom to attach a red board to a train
coming up, at the last station, when a truck-train was going
forward after. lie had never known Quinlan, who acted as
fireman on the Fire-fly at the time, to have acted its that
capacity before. He thought that when a young hand was
put on as engine-driver, a competent person should be put
on as fireman.—Edward Unwin, a lad 18, was in the service
. of the company. In consequence of instructions from the last
witness, he went down to the windlass of the signals and let
down the fans before the passenger train came up. When the
train had come to the signal post, he raised up one of the
, fans, and when the last carriage passed him he let down all
the fans again. He then saw the Fire-fly coming up. He
, was sure that the fans were down before it came up to the
, post. Cross-examined by Mr. Parry: Ile was sent to the
signal post five minutes before the passenger train came up.
Ile was the only person who was attending the signal post.
He had been two years in the service of the company, and
got 105. a week.—George Burford, residing at Stratford :
Knows the second bridge downwards from Stratford station,
which he was passing at about 4 o'clock on the 18th of July
last. He saw the signal on that day, and it was quite down
when he first saw it. He heard the passenger train coming,
and on passing the signal one fan was pulled up, and
when the whole train had passed the fan was let down
again. Cross-examined by Mr. Montague Chambers : The
• train passed very slowly under the bridge. It consisted
of eleven carriages. Ile could not see it arrive.—
George Blatchfonl was guard of the Ipswich train, which
a as duo iu London at 10 minutes after 4, and at Stra• ford at
56 minutes past 3. lie there saw the Fire-fly and the pri-
soner. Their next stoppage was at Ilford, at 27 minutes past
3. When they came to the signal-post at Stratford, the three
fans were down, and they therefore approached carefully.
They stopped at the station, where they took in water. The
engines sometimes took in water there, and sometimes they
did not. A eel isi in took place at Stratford. The prisoner was
the per.ou 0: o drive the engine which caused the collision.
The last earrilfte of the passenger train wariput on at the first
station Lebow ltomfortl.—Cross-examined by Mr. Clarkson :
It would be an extraordinary occurrence that a train should
be a quarter of an hour behind time. Ile never saw
the prisoner drive before, although he had seen hint on
the engines. He never knew Quenlin to net as fireman
before. It is the duty of the driver to give information with
respect to the signals. One break behind was, he thought,
as good as two breaks in front.—John Chester Fraser, fore-
man of the locomotive department : He bad known the pri-
soner to have driven engines on the Eastern Counties line
frequently. On the 18th of July they had an engine, No.lo,
in a disabled state at Stratford, which he directed should be
taken to Romford to be repaired. The Fire-fly was in good
condition, but could not keep time. She had a break.
Quenlin was the fireman. The Fire-fly and the disabled
engine started from Stratford about a quarter past twelve.—
Cross-examined by Mr. Clarkson : There wasa notice in their
establishment that no engine-fitter should drive an engine.
The prisoner was an engine-titter, and occasionally employed
as an engine-driver. The prisoner was paid extra for act-
ing as occasional engine-driver. The prisoner had twice
driven an engine. Quenliu was an occasional fireman, but
he was principally occupied as a labourer. He did not think
, it necessary that a competent fireman should bo sent with a
young hand as engine-driver, provided it was daylight. He
did not know that the prisoner had gone with the engine.
Quenlin had 3s. a day, but the firemen were allowed Is. 6(1.
He had known a one-eyed man an engine-driver before. We
make firemen of labourers, and any persons. Two of the
valves of the Fire-fly were out of order, but she was quite
fit for the business she was sent on.—Re-examined by the
Attorney-General: From the second bridge below Stratford
the station and the signal at Stratford could be seen.—Capt.
Codington, of the Railway Department of the Board of
Trade, was the next witness called. His evidence went to
prove that the Fire-fly. engine was in a good working
condition when he examined it on the Monday following
the accident ; and he was of opinion that a competent
engine-driver might, with due care, have stopped the engine
without coming into collision with the passenger-train.—
This was the case for the prosecution.—Mr. Chamber, then
addressed the jury for the prisoner. The only object of the
present prosecution was to endeavour to exculpate the direc-
tors of the Eastern Counties Railway at the expense of the
prisoner at the bar, whom they sought to brand as a felon,
when there could be-no doubt that they were themselves the
really guilty parties by their gross mismanagement and
neglect in not adopting the proper precautions for the pro-
tection of the public. He submitted that the evidence showed
that the company, either actuated by a false economy or some
other motive, had shown a total disregard to the safety of the
public and had tampered with human life. The poor man at
the bar had been compelled to undertake a duty which he
was not engaged to perform, aperson was sent with him who
was entirely incompetent to assist him, and the engine
engaged, it had also clearly been shown, was defective in
the most important requisites, and he contended that the
prisoner, under such circumstances, must be considered
as perfectly guiltless. The learned counsel then called
the attention of the jury to the evidence that had been
given with regard to the signals, and commented
upon the fact that one of the station-masters bad himself
admitted that he did not understand the signals. He said
that it was most disgraceful neglect on the part of the com-
pany's servants at Romford, when they were perfectly well
aware that the luggage train was waiting to follow the pas- ,
senger train that they did not affix the red board to the latter ,

as a signal that another train was following, and then,'
although the luggage train was actually stopped at Ilford,
in order to allow the passenger train time to get out of its
way, again, the precaution was neglected, and indeed it
appeared that the company had not provided any such
at that station. If it had been applied at Ilford, in
all probability the accident would not have happened,
because the station-master at Forest Gate, which was
the next station to it, would have had his atten-
tion attracted, and would have stopped the train
driven by the prisoner, when he found the otlitr
was so short a distance before it. He submitted
that the evidence, so far from making out any negli-
gence on the part of the prisoner, proved that he had
acted with due caution, and that, after having stopped
five minutes at Ilford, to allow the passenger train time
to go on, he was perfectly justified in supposing that
the line was clear. The learned counsel then commented
in severe terms upon the conduct of the company
in allowing toe signal-posts to remain in the same position
after a number of the engine-drivers and guards had com-
plained of the danger that was likely to result; and he
argued that the accident was mainly attributable to the mis-
conduct of the directors and managers of the railway in not
providing a Roper staff, and taking the proper precautions to
prevent accidents ; and he called upon the jury to defeat
what he described as an attempt by the rich and
powerful to throw the blame of their own guilt
upon one of their humble and helpless dependents.
Mr. Justice Mettle then summed up very briefly and left the
case to the jury, who, after deliberating for about five
minute!, returned a verdict of Not Guilly.—lt appeared
from some correspondence thaf,was shown by Mr. Duncan the
solicitor to the Eastern Counties Railway, that an applica-
tion bad been made to the Board of Trade, by the company,
for that body to prosecute on behalf of the goveramint, but
they declined to do so, and expressed an opinion that the
prosecution ought be conducted by the company.
THE RAILWAY LABOURERS who yesterday pleaded guilty
to a charge of riot and assault at the Camden-town railway
station, were brought up for judgment, and Mr. Baron Platt
sentenced John Donahue to be imprisoned for nine months;
Jeremiah Donahue and John Duggan, for six months;
Joseph Glory, Richard Cumming, John Tracy, Jeremiah
Kellaher, John Brown, James Kennedy, Thomas Kindare,
John Cooper. for four months; Patrick O'Donnell, Timothy
Kelleher, Thomas O'Donnell, Eugene Madden, Tobias
Hackett, and John Lyons, to three months' imprisonment
and hard labour.
THE CASE OP CAPTAIN RICHARDSON.—MT. Clarkson
applied to the court for the discharge of Caossin Richardson.
He said he had received an intimation from'his learned friend
Mr. Bodkin, that it was not intended to present any fresh
bill against the prisoner at this session, and he therefore
applied for his discharge from custody. The necessary order
was given, and Captain Richardson was shortly afterwards
set at liberty.