The Sun.
London, England, 1863-08-10 00:00:00

consider there was sufficient break•power to either of those

trains.
By Mr. Pitcher—With extra break-power it would have
been dangerous to have stopped the train,
Frederick Kemp said—l am sub-inspector of permanent
way. I knew Mr. Shear of Gaywood. He once made a
complaint to me at Middleton that his heifer jumped over
the drain. That was about the middle of April. There is
no fence, there is a drain. One portion of it is 12 feet wide,
and the narrowest part is 9 feet wide. There is generally
a good supply of water from the lock. When he com-
plained in April last there was water in the drain, as
much as there is now-16 inches on an average, The
drain is four feet deep. Mr. Shear did not request me to
put up a fence. Ho never complained to me but once, and
I told him I would attend to it. I meant I would see where
the stock got on. I e2camined it, and I considered it suffi-
cient to keep out any stock. I set men to clean out a
part of the drain. I have heard that the bullocks and
sheep have been in the habit of going on the line. I have
heard it from the platelayers. 1 got a note from one of
them, and I went down on the Monday morning. I asked
the platelayer where the place was, and he could not tell me.
I do not think that a bullock could get over the fence with-
out breaking it. I told the platelayer to place a man there
to get to know whether the cattle did come on the line there.
I have had no report from him. 1 understand there was a
bullock on the morning after the accident, and he broke one
rail by going over the rail into the drain. The company are
putting up a wire fence further on. I told the platelayer to
ask Mr. Blomfield to take his cattle out for a week, as there
was a more durable fence being put up. I think the fence
is sufficient to keep cattle off the line.

William Gnuth, labourer, said—Elvin, foreman of plate-
layers, told me to go and keep the stock off the line any-
where where there was any likelihood of their getting on.
I went last Monday week about noon. I went against Mr.
Blomfield's land. I kept walking backwards and forwards
between Mr. Hamond's and Mr. Blomfield's land all the
day. I left off after the trains had all passed—at 9. There
were some bullocks in Mr. Blomfield's field. There might
be 20. I did not see any come on. There were nonegot on
that day that I saw. On Tuesday I went at 6 o'clock in the
morning, and kept walking up and down all day. I saw
nothing all that day. I went about a mile backwards and
forwards. I did the same every day up to this day. I was
th. wooiclont hapran Pd. I was Whcio tloorq
was some fencing pulled up. It was Mr. Sherringham's land
at Massingham. There were no bullocks on Blomfield's
fiold last Monday night when I left it at half-past 5. I was
wa,'.ching the stock on Mr. Sherringham's land and the
sheep on Wootton Common. I stopped at Mr.Sherringham's
land all nijht. The company are putting up a wire fence
there about a4ft. high. That will keep in bullocks and sheep
too. Thera is a ditch behind it.
By Mr. Edwaruis—There are five men on beside me. "
By Captain Tyler--From Mr. Sherringham's land to the
place where the accident happened is nearly a mile.
By Mr. Pitcher—l had directions to stop at Mr. Sher-
ringham's land all night.
By Mr. Edwards--I left Mr. Blomfield's pasture about
half-past 5. and there were no catEle then in it.
By the Coroner—The platelayers there that morning
were Elvin, Riches, Laws, Clark, FaYTow, and Woods.
They were at work just where the accidezit happened. I
did not hear any of them complain of running a bullock off
the line that morning.
Mr. Richard Ragge—l am proprietor of land adjoining
the Lynn and Hunstanton Railway. I think it was in the
beginning of this year I wrote to Mr. Simpson, the chair-
man of the company, on the subject of the fences. The
reply was, as far as I recollect, that he would write to Mr.
Durrant, who would see to it. Some posts were put into
my sea marshes, but none whatever between Saywood and
Lynn. In my judgment, the fence of the land in Shear's
occupation is not sufficient to prevent cattle passing over.
Jeremiah Elvin, foreman platelayer, said,—On Monday
last I was at work about 100 yards from where the accident
happened. I saw a bullock on the line just before the 11.15
train passed for Lynn. I sent a man to put it off. I saw
it off. I got over the fence. I was 300 yards from the bul-
lock, and the train was beyond the bullock, and not above
100 yards off it. I had a complaint of bullocks being on
the line from Mr. Blomfietd this day fortnight. I had a
complaint also from Mr. Shear and Mr. Sherringham's
shepherd.

By Captain Tyler—l told Smith to go where there was
no fence, as, seeing there was no stock on Mr. Blomfield's
land, I thought where the fence was down was the most
dangerous place.

. -
By Mr. Edwards—l asked Mr. Blomfield to remove his
stock until tho wire fence was put up to his land, and he
would not. There were six men daily at work at the fence.
Mr. Blomfield wanted us to begin there, but we had made a
start at the other end.

Wm. March, a shoemaker, said—On the Tuesday after
the accident, at halt••past 1, I was in the lane leading to
the line from the clergyman's house. I saw several bullocks
in a field, and one was feeding in the dike next to the rail-
' ay. Another went into the ditch, and then up, and put
its feet over the fence and went on the middle of the rails
as quickly as I now tell you. It appeared to do it without
any difficulty whatever, but the police shouted, and the
be ist walked back again.

William Bird, of Millington-square, corroborated the pre-
vious witness. Thy beast got over better than witness

could.

Mr. 3. S. Valentine, C.E., said the fences on the Lynn
and Hunstanton line had engaged his serious attention. He
believed they were efficient, and that cattle could not stray
upon the line. He had had a continued interest in the line,
and had been frequently upon it. As an engineer he had
frequently travelled upon the engine. He never saw cattle,
but he once saw a lamb early in the spring. He had many
years' experience both in the country and abroad, and he
had no personal experience of an accident arising from
cattle on the line, The fence of which so much had been
said was a fence commonly used on lines which run through
a marshy district. On the Lynn and Ely line no fences
besides ditches were put at all.
By Mr. Pitcher—Moat unquestionably, with the know-
ledge I have now, I should put up a higher fence.
By Mr. Edwards—lt is impracticable to fence against
lambs.

The Coroner called attention to a case against the Great
Western Railway in" Queen's Bench Reports," N. S., page
367, when it was held that lambs having been killed the
company were bound to provide fences which would keep
them out.

Mr. Valentine said, in reply to Mr. Ward, that the ditch
in front of Mr. Blomfield's field was cut as a ditch, and not
for getting soil for the embankment. The line was not
opened until the Inspector of the Board of Trade went over
it, and had it not been properly made the inspector would
not have allowed it to be opened.

At the conclusion of Mr. Valentine's evidence the inques
was adjourned until Monday.
The Government inspector and several of the jury went
over the line on Saturday evening. Captain Tyler will re-
port to the coroner on Monday.

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