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

THE SUN, LONDON, MONDAY EVENING, ACrGUST 10, 1863.

THE RAILWAY ACCIDENT NEAR LYNN.

In the inquest held at the Town-hall, Lynn, on the bodies
of the persons killed on the Lynn and Hunstanton Railway,
the following evidence was taken on Friday after our parcel
was despatched :
Mr. Bloomfield's examination was continued. In reply
to Mr. Edwards, he said—l wanted the wire fence at the
place where stock got over to be put up, but was told that
the posts were at the other end. I saw the men at work
last Monday evening. They left off, having knocked down
a fence for 20 or 30 yards and left the line unprotected all
the night. There were three cows in the field when the fence
was knocked down, but the owner of them took them out.
I told the men when the fences were done that they were
of no use. I have seen the stock come over the fence. They
walked over.
By the Jury—The bullocks were short of keep—not
shorter than my neighbour's, but there was plenty of water.
By the Coroner—We have plenty of water in our own
ditches. My attention has been called to the fencing on
other parts of the line, particularly on Mr. Hammond's.
Three weeks ago it was better than ours, because there was
a little water in his drain. We have some fences on the line
capable of keeping out cattle.
Mr. James Platt, locomotive foreman, said—l was in the
train that met with the accident. I was in the fourth car-
riage. I went over the carriages before they started in the
morning. They were all in good working order. I examined
every one. I only go with Wakefield on certain occasions
where there is anything important. The excursion train
was such a case.
By Mr. Edwards—lt is my duty to receive complaints of
carriages. I have received none of these carriages. They
were all in good order.
By the Coroner—lf the driver had seen the red lights it
would have been his duty to stop at a reasonable distance,
When I have been guard I have been pulled up by the
driver, and I have gone back to atop a following train. If
the fireman put on the break it would be felt as much at the
end of the train as in the centre. The train was coupled
at the station by a porter in my presence. The train might
be pulled up in 400 or 500 yards, but some breaks and en-
gines heavier than others.
By the Coroner—l traced the mark of the bullock unde r
nine carriages. The first mark was on the first class
carriage, on the axle. The bullock lifted the engine, which
Would weigh about 16 tons.
On Saturday the following witnesses were examined :
Mr. George Billing said that he was a passenger by the
train when the accident took place, and described what oc-
curred in the third-class carriage in which he was.
John Reeve, station-master at Hunstanton, said—l started
the trains on the night of Monday. Previous to their start-
ing I made an examination to see that the coupling-irons
were all right. They were all safe. It was by an order
from London the train was divided. As to the second train
stopping, it was left to my arrangement. The first train
was to stop at all the stations, and the second train at none,
unless there were passengers who could not get away by
the first train. Then, in point of fact, the last train
would have been the fastest train of the two. I consider
that a proper arrangement. They allowed sufficient time
for the first train nearly to reach Lynn before the
other started. I purposely left the second standing to
allow of 20 minutes to elapse between the two trains.
By Mr. Edwards—I would not stop a train that was
being folio 'tired by another unless I was imperatively forced
to do it.
By the Coroner—l should not think myself justified in
stopping after I had passed a danger. I should consider, my-
self, that it would be a greater risk in stopping after having
passed a bullock on the side of the line with another train
behind me. I should consider I was risking the safety of
passengers much more. There would have been more dan-
ger to both trains.
Captain H. W. Tyler, Government Inspector, said he
came down to make his own inspection, but he would put
himself in the hands of the Coroner. He was then sworn and
said—l examined the line originally, I believe, in September
last. I made a minute examination in regard to the fences.
Between the stations of Lynn and Wootton the ditches,
which are now dry, or nearly dry, were then filled with
water, and where is now a low paling there was a wet ditch
—where there was no water there was a high fencing. The
fences appeared to me to be sufficient to keep cattle off the
line. I have seen the fence this morning, and taken the
dimensions of it. The ditch, which is now dry, is 7ft wide
at the top and 3ft Gin deep, and there is a wooden rail on the
railway side of the ditch 14in high. I think it is not so
good a protection as it might be, but it is not a very bad
fence. It is not all cattle that could get over it. Young
hungry cattle might get over it. I have seen such fences in
Ireland, where the cattle are wilder than they are here. I
have seen in England fences as bad and worse than these, but
as I said before, I think now the ditch is dry there should be
a better fence at the top of the ditch. When I examined the
line I could not tell how dry the ditch would become, and
it would then be the duty of the company to put up such
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Blair. I have been told that there is no fence at all on
the front of the land occupied by Mr. Shear.
Mr. Edwards—No one could have told him such an in-
famous lie.
Captain Tyler said he would go and examine the place if

it wss desired.
A Juryman—We all know there is no fence there.
Captain Tyler's examination continued—lf attention had
been called to the want of fences by a person whose cattle
got upon the line, it was certainly the duty of the company
to have remedied it. I think when the ditches were dry
the fence ought to have been improved. They have plate-
layers on the line, who must be perfectly familiar with the
fences, and must see any cattle if they trespass. Looking
at the present state of the line as to the fences, and the
proximity of cattle, I do not like to say it is absolutely en.
safe, but I think it is capable of improvement.
In reply to Mr. Ward Captain Tyler said—l measured the
ditch in three place°, two on this side of the potato patch
and one on the other side. My object was to get a low
measurement. Those who accompanied me were agents of
as I remember the fences ate
the company, but I am pretty well accustomed to open my
own eyes.
-rifnasrpected the line, except as to
nowtheßsyamMer.
Edwards—As
as wa
whendsthe water and the wire fences in course of construction.
Mr. It. Royston said—I live at North Wootton. lam
well acquainted with the line of railway at Wootton. I have
r
observed the state of the fences, more particularly opposite
my own land. The line runs nearly a mile along my farm.
I have land on both tides. It is nearly all ploughed land.
The fences are about sft. high from the level of the ground.
1 made an observation to Mr. Valentine one day that the
lambs would run through them. I have put net against
the rails when I put sheep on—rope net, I think I know
Mr. Blomfield's land. It is all pasture. The morning after
the accident I saw a bull walk on the line, between 5 and
6 o'clock. It came out of Mr. Blomfield's pasture. I saw
a man turn it off, and it went back again into the pasture.
It walked over the fence. The fence, in my judgment, is
insufficient to prevent cattle from getting on the line. Bul-
locks in hot weather will seek water, to get into it, when the
flies are teazing. I think the high fence on the line suffi-
cient. A five-loot fence would suit. There are only two
kinds on Mr. Blomfield's farm—a water ditch and low fence
and the high fence ; the highest about 5 feet, and the lowest
about a foot. Before the accident I have seen cattle on the
line, sheep very commonly. I have turned a cow off. That
was about the first week in June. She jumped over the
gate, and I turned her back through it. The gate is about
3ft high, speaking from guess. I have frequently seen sheep
on, from six to ten times. I
have not seen cattle on more
than twice. There have been three or four sheep at a time.
There were Mr. Knight's commonly,
and John Smith's. I
have seen their fences, and they are not constructed so as to
prevent sheep getting on. The bull I saw on was about a
two. year-old. There are plate-layers usually on the line.
By Mr. Edwards—The height of a farmer's ordinary oc-
cupation gate is somewhere about the height of the railway
gate. 1 was in communication with Mr. Valentine during
the construction of the line, and I did not require of him a
different kind of gate, There were only two occasions on
which I saw cattle on the line. I never made any com-
plaint to the platelayers, whom I saw about the line daily.
The Coroner thought it was not a case in which notice
was required to be given to the company. They were bound
to maintain the fences by the Act.
Alfred True said—l was guard of the first train that left
Hunstanton for Lynn last Monday night. Boyce was the
driver. 1 was in charge of the train. Wo left Hunstanton
at 7.47. When we got beyond Wootton station I did not
hear three whistles. At no part of the journey did 1 hear
three whistles. The only intimation I had of an obstruction
on the line was that he shut off steam and then put it on
again. I looked out, but saw nothing. I did not hear of a
bullock being seen until after the accident. If the driver
had whistled three times I should have applied my break
It would have taken five or six minutes to stop the train.
We might have gone 200 or 300 yards in doing it. I did not
see Mr. Kendall on the engine. I never saw bullocks on the
line. I have seen sheep. I was guard of the train when
the horse was killed last February.
By Mr. Edwards—The pony got on the line at Mr, Gay's
crossing. New fences and gates were put there immediately
after the report of the pony being killed.
Geo. Piper, guard of the second train on Monday evening.
—We left Hunstanton at 8 o'clock, and reached Wolferton
at 8.25. We did not stop at Wootton. We had proceeded
about a mile and a quarter past Wootton when I heard the
driver whistle for the break. I put it on considerably ; as
full as I could. We went about 90 yards after I heard the
whistle, when the train came suddenly to a stop. I jumped
out of the break and ran up to the train, and found several
carriages were off the road. I then placed the necessary
signals in front and rear of the train, and I afterwards did
all I could to assist the wounded

By Mr. Pitcher—My break answered, but it would not be
powerful enough to bring up a train like that. Had I seen
a danger signal it would have taken four or five minutes to
stop my train. I could have stopped it in 500 yards.
By Captain Tyler—We were going 25 miles an hour.
Mr. Plait recalled said—The break-power on the train
was the tender break, and the break behind the train. It
would have boon better with another break. Two were suf
cleat to stop it, but not sufficiently quick for the approach-
ing danger. In my judgment, as a practical man, I do not

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 Gay wood. 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. He 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 examined 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 ire 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. I 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 aro
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 oil 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 dawn 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
there the day the accident happened. I was where there
was some fencing pulled up. It was Mr. Sherringham's land
at Massingham. There were no bullocks on Blomfield's
field last Monday night when I left it at half-past 5. I was
watching the stock on Mr. Sherringhares land and the
sheep on Wootton Common. I stopped at Mr.Sherringham's
land all night. Tho company are putting up a wire fence
there about 4tt. high, That will keep in bullocks and sheep
too. There is a ditch behind it.
By Mr. Edwards—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—l left Mr, Blomfield's pasture about
half-past 5, and there were no cattle then in it.
By the CJrouer—The platelayers there that morning
were Elvin, Riches, Laws, Clark, Farrow, and Woods.
They were at work just where the accident 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. Blomfield 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 the 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 half-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-
way. 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
beast walked back again.
William Bird, of Hillington-square, corroborated the pre-
vious witness. The beast got over better than witness
could.
Mr. J. 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 inquest
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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