The Express.
London, England, 1860-09-11 00:00:00

THE RAILWAY ACCIDENT NEAR
MANCHESTER.

The adjourned inquest was resumed yesterday, at
n.
arllnerundy, solicitor to the Lancashire and Yorkshire
Railway Company, stated that on Saturday only one of the
carriages to which the broken couplings were attached was
seen by the jury ; this morning both of the carriages were
at the station with a view to the inspection and for the con-
venience of the jury.
Thomas Robert Ashworth sworn—l am a joiner, living at
Blackburn. I was in the portion of the mooed train
which broke off at Helmahore. I was he the third
carriage from those we broke away ham, by It. giving
any of the coupling. It was a Birkenhead carriage.
the train stopped our was betwees the reed
crossing and the station. We stopped, perhaps a
minute, before the coupling broke. I beard the map.
It was only one snap. I felt no jerk, but im-
mediately after I felt that the carriage was gently
in motion backward, sad the motion gradually in-
craned its velocity. I immediately unloosed the door to
mount the carriages, that I might put the break on. I went
towards the rear of the true, and traversed the tope of
three carriages. I found the break in the rear of the third
carriage. The speed would then be six to eight miles per
hour. I turned the handle of the break once and a half or
about twice round. and we then came against a following
train. Before that I heard the skidding of the wheels of •
carriage further to the rear, from a break to that carriage
having been applied. That break was applied after
I got out of my carriage. I only heard it ; it
did not seem to Ee any cheek. I should think that
was six carriages below me, and I saw the man
on the carriage, appl7mg that break. That man was Jamie
Tomlinson, the guard. I bad seen him mounting his break
manage at the time. I did the same, but I had three car-
riages to traverse before I got to the break that I put cm.
lam not in the company's service. While I was applying
the break I noticed the engine of the third Man coming up.
I was knocked off by the collision between the car-
riages. I hurt one knee, but I crept out, and went down
towards the rear, meeting Tomlinson, who wee relighting
his lamp, and went with him towards where the dead and
wounded were lying. I went by orders of Mr. Shaw, the
superintendent, to an engine at the heck of the third train,
and sent it for medial and all other assistance that could
be obtained. I did so, and returned in about two minutes
after seeing the engine go. When I got back I saw several
bodies lying on the potted and fast in the wreck. The is.
gine of the third train was in motion when I first got outside,
but I could not see the engine behind the thud train by
reason of the curve of the line. The steam of the engine
I sew was blowing off, as though they were reversing the
engine.
By a Juror.—The engine on which Mr. Shaw was, came
down the other line half-aminute after the guard relighted
his lamp. I did not see any persons on the rails which that
engine went down.
By Mr. Baldwin—l was quite steady and sober. I had
only drunk three gleams of ale that day. The first time I saw
Tomlinson on that day was in returning, at itamsbottom. I
helped him to get out passengers, and asked him whether
be knew where the third train was, and he said he thought
it was close behind. I never saw it come in sight whilst we
stopped at Ramsbuttom. I aunt say whether the break I
went to was a little bit am or not. It might be. I did tell
the superintendent that I thought it had been on. I thooght
that becauee I oould °My get the break round about tince.
The skidding I beard might be from the break I was turn-
ing on. Tomlinson ran peat me as I was opening the door
to get out of my carriage. In the morning I saw Tomlinson
at the tint break, as we went to Manchester. Chippendale,
the guard, was at the second, and myself at the third, at
the rear end. As we returned I did not see Chippendale
lifter leaving Salford. I supposed there were four breaks
in the morn inm as I sew some boys sitting on the top of •
carriage as if there wee a break to it : but I did not see a
break there. I put on the third break myself, in the morn-
ing, in going down the incline where the accident mine-
quently occurred. I had no more authority to be there
than you. Chippendale had the management of that break,
bat I undertook it, without orders. Nobody requested me,
and no one interfered with me for doing so.
By Mr. Lereeche—My reason for getting on to the break
in the morning was because I had given up my owe seat in
the carriage I tad ridden from Accrington in and not be-
cause I thought anyone was required at that break.
By Mr. Baldwin—The rails were a little wet at night, and
I cannot say whether if I had been at the last break when
the backward motion began it would have prevented the
collisioe, but if I had been there I should have applied it.
I do not know bow =My arr ages a break would hold on
an incline like this. One of the new patent break-vans
might perhaps have done it. Ido not think the carriage
breaks are so powerful as those. When I went over the
carriages I crept on my hands and knees, but had to get up
to step from one carriage to soother. I had been at the
break nothing like a minute when the collision took place.
Cannot say whether Tomlinson would be at his break a
minute before I got to mine. I cannot say how long I
should be in crossing the carriages, but I was careful.
By Mr. Robinson, solicitor, Colne—l do not know how
Tomlinson got at his break. As we went to Manchester
eight or ten persons were sitting on the roofs of carriages.
By Mr. Oruady—l attended here et the request of the
police. IMY set solieited to come by the company. Tom-
linson's break carriage haft the fin* in the monaing, would
be the last la the pale at ekht. The who rode at
the top of carriages in going were into carriage' whoa
we returned. It is • common thing for guards to get down
at the stations, and attend to passengers. Tomlinson had
been doing so when I saw him run past meat° his break. I
did nut see Chippendale, the guard, at Helmshore, but I will
riots.), he was not at his place is the forward part of the train.
By patent breaks, I mean Newell's patent. Ido cwt mean
there is any difference between the power of ordinary break
vans and break carriages.
The court adjourned at one o'clock. The »row and jury,
after dining, proceeded to the railway station, to seeks thew
further examination of the broken carriage shackle. The
court had not reassembled when our report was despatched
at three o'clock.

lt will be seen that only one witness was examined in the
morning in upwards of three hours. The examination wee
finished in half an hour, and the etoss-examination of attor-
neys took up the remainder of the time. At this rata the
hatmet will last reony days.

Tres FATAL AOCIDINT 11r TKO BLACIENZAIII
RAILWAY TUNNlLL.—Yeetenlay afternoon, Mr. 0. (letter,
coroner, held an adjourned inquiry at the Railway Taros,
adjoining the Blackheath Station of the North Kent Rail-
way, touching the death of John King Charles, aged 21,
whose body wan cut in two in the Blackheath•tunuel, oa
the afternoon of Friday, the Mat ult. Two of the ticket
colluders at the New-aces etatiou, having given confirms-
tmy evidence to that which has already appeared of
the snivel of the young woman, with whom the deceased
war seen by the guard Abbott riding in the rale carriage
on the arrival of the train in the Ips.YYeelh Weald, the
coroner observed, that the inquiry had been adjourned la
the expectation that the young woman in question would
have come forward and given evidence In the matter. Not-
withetanding, however, every publicity appeared to have
been given to the cue, abe bad not been discovered, or made
her appearance, and hie opinion was that the jury could de
no other than, in the abamme of direct testimony, retina
an open verdict. The jury having concurred in these ob.
servntiona, returned the following verdict:— "That the
deceased was found dead in the Blackheath tunnel, cut in
two from a train having goo. over him, but how or from
what CULL% originating there u no evidence before the jury
to show."

Labs intilltgenct.
•
SHERIFFS' COURT.-81n. 10.
(Before Mr. Ormatioriasse Km.)
MAITIMII V. CHAMBIRLAII—IXPOSTAXT CAN =DU

ROCIKTIEII ALT.:

In this ease his HOUotcr,oQ;et7,iii3lll;. Beard and
Mr. Buchanan were in their seats, said he had intended to
have given judgment the latter end of the week, but finding
he should not be here after Wednesday he might as well
deliver judgment at once. Upon considering the rule under
which this action had been brought, his honour found that
the whole point of the cue turned upon the words, " Upon
say free member expressing a desire to quit England, the
oonsmittee of management shall have the power," he.
Now upon looking over the rules, his Honour found that
the object of the society was to establish a fund for infirm
members and for the purposes of superannuation, and in
cases where free members had no work a certain sum was
raised by contribution' from the members, but the spirit
running through the rules was relief to infirm members.
Now, there could be no doubt that upon the wording of the
rule under which this action was brought the granting of a
certain sum upon any member expressing a desire to quit
England was not compulsory. Then was a power vested in
the committee, who could exercise a discretion. Under
these circumstances there was no dispute, consequently
nothing to refer, and defendant must have a verdict.
Mr. Beard—As this is a question in which the society are
anxious to hear your Honour's opinion upon the rule, I
trust there will be no cods. . _ _

Mr. Ikw.basan— I must ask for them.
His Honour—Oh ! In these oases costa must be awarded.
TUN MEND TOADS BUMF= 110CINFT OP LITHOORAPIIIO
MUM& —HARLOW( AID 01111 ail (1101117100) v. 000D-
maw Cralmiustis).
This was an action to recover 101. Bs. 5d., money alleged
to be dee from the treasurer to the society.
Kr. Beard appeared for the plaintiff.
Mr. Lewis for defendants, and Mr. Buchanan for •
witesse.

Mr. Beard opened the case, and was about to call his wit.
names, when
Mr. Lewis said he must have formal proof of the election
of trustees.

Mr. Beard put in a copy of the certificate lodged with
Mr. Tidd Pratt.
This copy being signed by the registrar, his Honour
ruled that it was admissible.
Some further argument ensued, and Mr. Lewis suggested
that the case should be referred.
His Honour thought that a very proper course, sad
added, "They are called friendly societies, but the officers
are the most unfriendly persons I ever met with."
Mr. Beard and Mr. Buchanan offered no objection to the
euggestiou upon the part of their client', and the case was
rderred.

Mr. Lewis obverted that his client did not owe a penny
to the society.