The Sun.
London, England, 1865-06-17 00:00:00

ROYAL FREE HOSPITAL, Gray's-inn-road,
in the immediate vicinity of the Great Northern Rail-
way Terminus, King's-cross.
Patron—Her Most Gracious Majesty the QUEEN.

Vice-Patron—His Royal Highness the Prince of WALES, K.G
President—His Grace the Duke of BUCCLEUCH. K.G.

This Hospital, founded in the year 1828, the first to estab-
lish the principle of free admission to the sick poor, without
the delay and difficulty of Governors' orders, is wholly de-
pendent for support on voluntary contributions and legacies.
It affords relief to a large number of in-patients, and, in
addition to this, the average number of attendance of the
destitute sick has for a con -iderable period averaged between
3,000 and 4,000 weekly.
The Committee earnestly solicit the ASSISTANCE of the
benevolent, as the premises of this Hospital are 'capable of
containing several hundred more beds, had the Committee
the requisite funds to maintain them.

Contributions are received by the Treasurer, Edward Mau-
>erman, Esq., Nicholas-lane; also by Messrs. Coutts and Co.;
Drummond and Co. ; Glyn and Co. ' • Harries and Co. ; Ransom
and Co. ; Prescott, Grote, and Co. ; Smith, Payne, and Co. ;
Barclay and Co. ; W dlianss, Deacon, and Co.; Overend, Gur-
ney, and Co. ; Nisbet and Co. , Berners-street ; I. Barned and
Co.. Liverpool; and at the Hospital, from 10 till S.

STANFORD SMITH, Secretary.

PRICE .. 4d.
STAMPED sd.

The Fatal Accident on the South Eastern

Railway.

STAPLEHUBST, Friday.

The adjourned inquiry into the deaths of the 10 persons
who were killed by the oversetting of the tidal train on
Friday, the 9th inst., was resumed this day, at 12 o'clock,
by Mr. W. T. Neve, the coroner for West Kent, at the
South-Eastern public-house.

Mr. Eborall, the general manager ; Mr. Knight, the gene-
ral superintendent ; Mr. John Harris, deputy-superinten-
dent; Mr. Cudworth, locomotive engineer; Mr. Freeland,
the solicitor, and other officials of the company, represented
their interests. Mr. Vining, solicitor, of 4, Moorgate-
street-buildings, appeared for the family of Mrs. Whitby ;
Mr. Abrahams, solicitor, of Gresham-street, for the relatives
of Mr. Mercer (killed), and two of the injured; and other
legal gentlemen were also present.

Capt. Ruston, the chief of the county constabulary, was
also in attendance ; Capt. Rich, from the Board of Trade,
was also present.

The prisoner was brought up in custody of Superinten-
dent Ovenden, from Cranbrook, and was defended by Mr.
John Minter, jun., solicitor, or Cranbrook.

The jury having answered-to their names (with the Rev.
Mr. Moore as foreman), the evidence was proceeded with
as follows :

Edward Coleman deposed—l am a carpenter, and live at
Willsborough. I have been in the permanent employ of the
South-Eastern Railway Company for nearly three years.
I have worked in a gang of four carpentere and one labourer.
I know Henry Benge, who was foreman of the pl..+olvera.
We have lately been repairing the rails and works at the
Stourbridge viaduct. Ido not know whether it is called
Beult-bridge. I have seen the platelayers at work taking
up the rails and putting in new ones after we had done
the timbers. We assisted each other. The work had been
going on about three weeks or a month ; but I cannot say
exactly the time. Tho carpenters took out the old timbers
and replaced them with new. Dawson was the leading man
of the carpenters. We had nearly completed the work to
the viaduct. The taking up of the two rails and the timber
and putting in new wood would take sometimes half an
hour, depending on how the work came out. On Friday
afternoon the platelayers took up two of the rails on the
up-line—the outside rail. One timber had been taken out.
We were not supposed to break any road without Daw-
son's sanction; and we therefore removed the timberunder
his direction. We commenced taking up the rail on Friday,
after the up-train due at Staplehurst at 2.50 had passed. I
do not know whether the train was up to its time. Ido
not know who took the rail up, but when they had done so
the carpenters began taking the timbers out. We had got
one piece out outside the girders, but none inside. Tho
rails were two 21ft. rails, and the timber we took out was
about 13ft. We were in the act of taking out a piece of old
timber inside the girder when the tidal train approached,
but I do not know anything about the time. My attention
was drawn to the train by one of the men saying the train
was coming. I cannot say who said that. I heard no whistle.
We could hardly tell what it was at first, whether engine or
train, at that distance, as near as I could judge a mile off.
A signalman, John Whiles, had been sent back before the
rails were taken up, in fact before the other train, the 2.50
came to us. Ido not know how far he had been ordered to
go back. Ho had a red flag with him. I saw him wave
the flag as he stood by the side of the four-foot, and Mr.
Mansell, who has since measured the distance, said it was
554 yds. 6 in. Whiles appeared to me to be on the inner
rail on the four-foot on the up-line. I will not swear as to
the distance, but Whiles himself pointed out to me where
he was standing. I saw him wave the flag in the front of
the engine. I heard the whistle when the train was nearer
to me than the signalman was. It was a continuous whistle
after I first heard it. I should think the train was three or
four telegraph post lengths past the signalman. I did not
hear any fog signals, but there might have been some with-
out my hearing them. The train did not appear to slacken,
as it came on very fast indeed ; but you could not tell in
the confusion. We ran towards the train when we first
heard the whistle, making all the signs we could to stop
the train.

Did you hear Bongo say anything about having made a
mistake ?—I cannot swear I did.

Did you hear him say anything P—He said, " Oh, dear !
here's the boat train—what shall we do ?"

Did you hear him say anything as to the boat train being
duo that afternoon ?—I heard him say—at breakfast time, I
think—that it was due at 5 20. He was then looking at the
general service time-book. John Dawson had another book,
but it was no use, having been partially destroyed. Bengo
can read moderately well. I have several times heard him
reading his Bible at dinner and other meal times. I cannot
say whether any fog signals had been used. Mr. Gallimore
the district inspector, frequently came, but I have not been
present when he gave instructions as to the work to be
done.

By the Rev. Mr. Moore, foreman of the jury—It is no
part of our work to know whether fog signals are sent back
in fine weather. It is always the practice to send back a
signalman when the rails are interfered with.
By another Juror—The foreman looked at his book before
the rails were moved. lam accustomed to see the signal-
men sent back, and I think he went back about the usual
distance. Whiles pointed out the spot where ho was stand-
ing. I think we measured the distance on Monday.
By Mr. Vining—The timber we removed was the support
of the outer rail. It was necessary to take out the inner
timber of the rail to replace the new one. The outer tim-
ber lay on the ballast, and beyond the girder. The next
piece.did not span the opening by eight or ten feet. We
were not above ten minutes taking out the timber, and we
had the new piece ready to put in, and it is there now.
The signalman was sent back to signal anything that might
come, but not for the boat train. lie did not return before
the boat train.

By Mr. Abrahams—Benge spoke about the boat train
being due at 5.20 at breakfast time on Friday morning be-
tween nine and ten. The men were talking about the time
different trains were due, and spoke of the boat train as the
chief one they had to look after.

By Mr. Freeland—Thero is a crossing which enabled me
to tell where the signalman was. It is called Sloman's
crossing, and I believe it was beyond that.
By a Juror—lt would take from ten minutes to half an
hour to have the timber put in. Half an hour would bo the
extreme time.

By the Coroner—l am speaking of making the line pais-
able again—replacing the timber and the rails.
By Capt. Osborne (a juror)—l have not got any book of
instructions.

William Allen, a platelayer in the service of the com-
pany for nearly three years, deposed that he knew Benge,
who was a very steady man. Witness thought they had
been at work for some months at the two bridges—the
Stanley viaduct and the big viaduct. The big viaduct was
where the train was upset. They began to work at six
o'clock, and kept on till breakfast time. He did not hear
any consultation about the boat train at breakfast time.
Coleman, the last witness, sat near—next but one on wit-
ness's right hand. Could not call to mind that Bongo re-
ferred to the time-table, nor say whether any question
was put as to when the boat train was due. Witness did
not know when to expect the train. As soon as the train
(2.50 up) passed they all commenced taking up the
rails. Bongo directed the operations. The signalman
was started away before the 2.50 train, and went be-
low, and crossed at Mr. Sloman's farm. When witness
first saw the train he should say it was a mile off.

By Capt. Usborne (a juror)—l did not see any difference
in the speed when the train came on to the bridge. It was
the ordinary speed of the tidal train.
By the Foreman of the Jury—A signalman is not sent
back when they are taking out a key or anything of that
sort. Witness heard Benge say something about " mistook
the train" after the accident.

By Mr. Abrahams—On that bridge the train is visible
when it gets to Headeorn.
By Mr. Vining—The men all ran towards the train,
trying to warn them, but he (witness) did not think any of
them got more than thirty yards before the train was up
to them and over.

By Mr. Steele (solicitor, of Bloomsbury-square, who ap-
peared for Major Francis)—The job they were about would
have taken an hour and a quarter, perhaps; but some tim-
bers are got out much easier than others. Witness heard
a long continuous whistle, which lasted till the train went
over.
By Mr. Freeland—Witness was not a carpenter, and could
not tell how long the timber work would take to do.
By a Juror—The line was sometimes broken twice or
three times a day, and that day twice before the occurrence
they wore inquiring into.
Ry Mr. Minter, jun. (who appeared for Bongo and Mr.
Gillamore, the district inspector of the line)—The train was
up to them very soon. Witness did not hear any ono say
" Good God, she's past the signal," as far as ho could
recollect. Ho could not say whether they began to rim
before the train passed the signal.
By Capt. Usborne—When witness saw the train a mile
off, he thought it would stop ; but it appeared almost di-
rectly to be "coming at such a stroke" that they were
frightened, and got out of the road. It was harcllya minute
before the train was on to them.
John Dawson said—l am a carpenter in the engineer's
department of the South-Eastern Railway Company, and
leading hand of a gang. We have been working with
Bongo's gang for about ten weeks, between Staplehurst
and Ileadcorn. We have been new timbering the two
viaducts during the whole of that time. It took about an
hour to get an old timber out and make the rail good again.
On Friday last we had broken the rail twice and made it
good again. The first time after the 7.20 train from Dover,
and the " pick-up" passed at, 11. The lino_ was broken

pe
to see whether there was time to finish a job. Benge and
myself used to consult together sometimes as to the time at
which they ought to take up the rails.

By the Jury—My attention was called to the coming
train when it was about four telegraph lengths off, and ono
of my mates called out, " Look out, Jack; here's the boat
train coming," and I got out of the way. Although I am
called leading man, I have no more wages than anybody
else.

By Mr. Vining—The whole of the old timber had been
taken out, and one new piece had to be put in. Mr. Neve,
the foreman engineer at Ashford, sent me my book. I some-
times looked at my book when Benge was away, to see
what trains were due. I took my orders from Benge in that
work, but Mr. Gallimore was the inspector. I saw him on
the line an hour after the tidal train had gone over.
The witness was examined at great length as to the details
of the mode of doing the repairs and preparing the timbers.
By Mr. Abrahams—We know the boat train by the car-
riages being all one height and one level. I believe that
White, the signalman, stayed at his duty as signalman all
the day after the accident.

By Mr. Steele--I have been engaged in the engineering
works on railways for about ten years.
By Mr. Freeland—l should not have given orders for
breaking up the road if Benge had not been there. I con-
sider myself under his orders as to that matter: If I had
told him my timbers were not ready he would not have
broken up the road. I never had the rules or regulations as
to breaking up the road.

By Mr. Eborall—The shop rules have nothing to do with
the trains, as far as I know.
Captain Frederick Henry Rich said—l am one of the
Government inspectors of railways to the Board of Trade,
and examined the line on Monday last at a place known as
the Beult Viaduct, about two miles from Headcorn, between
that place and Staplehurst. It appears that some renewals
were required to one of the beams. It was to be dono
between the'time of the trains, and the ordinary preeau,-
ttOtIS on all reptitissupposed to be adopted. Thirty-one out of

the thirty-two balks of timber had been replaced. To renew
the last balk it was necessary to take up two lengths of
rail, and that was proposed to be done between the 2.50
and 4.15 all sight of the tidal train being lost. There was
not time to do it safely between the tidal and the 2.50 train,
the tidal train being due at Headcorn at 3.15, and no plate-
layer would have attempted to do it, nor could ho have
done so without great risk. A man was sent out with a
signal, as stated, about 550 yards. I consider a flag would
have been seen 800 or 1,000 yards on that line at that part
a fog signal should have been nut down at every 250 yards
up to 1,000 yards, according to the regulations, and the
signalman should then have put down two fog signals,and
remained there with his flag. The work of making the
alterations was done apparently in the best way. The
breaking up of the line rests with the platelayer, and the
'Carpenter should keep the road clear of tools and such
things. I consider the girders were broken on the bridge
by the engine, and were perfect before the train came up. I
consider the speed would probably have been reduced to 30
miles an hour before coming to the bridge after passing the
signalman. There was plenty of brake power, but I doubt
the Cromer breaks having been brought to bear until just
before getting to the bridge. The power they had would
have stopped the train in 500 yards. It is the engine-
driver's duty to attend to all signals undoubtedly, but at the
same time there are so many things he has to do that big
eyes must for a time be taken off the line. There was
nothing to prevent his seeing the signal long before he got
to it on the line that day. If a man was looking out he
could see it 800 or 1,000 yards off, and in the event of
seeing it, could have stopped the train before getting to
the bridge. Fog signals are put at 1,000 yards, to at-
tract the engineer, whose attention may be devoted to
the engine. That part of the line is favourable to set
signals and for an engine to make running, and he would go
1,000 yards in less than a minute. The platelayer would
have the fog signals in his possession for use, and if he had
used them all he would have to make a requisition for more.
There was only one beam removed at the time of the
accident.

By Mr. Vining—There was ample time to do the job be-
tween the ordinary trains. The average time, as stated,
would be correct; everything being fitted and prepared be-
fore. I have only heard the evidence given here as to the
mistake about the tidal train. The regulations of the com-
pany specially apply to the platelayers, and the ganger is
responsible for the rest.

Mr. Eborall, the general manager, then put in the Rules
and Regulations.
Capt. Rich further said the carpenter would do his special
work, but under the control of the foreman platelayer; but
if the inspector was on the works ho would take the com-
mand.

By Mr. Abrahams—The inspector would give instructions
as to the way in which the work was to be done, but not
attend every day. He would visit it perhaps twice or throe*
times a week. This inspector has 36 miles to inspect, and
where the line is so easy as this that would not be an extra
distance. In the absenco of the inspector Benge would be
solely responsible. I think wo have a right to expect that
a man in Bongo's position is capable of sending a man out
with a flag to keep the line clear; and I think he is tho
best person to have the responsibility, or he might take up
the rails at any time. If the responsibility was put on ovine
him it would tend to increase the chances of accident. It
ho is not capable of sending out a man with a flag he is not
capable of fixing a rail. A rail might be taken up at any
time if proper preparations were adopted and the signals
sent out.

By Captain Usborne (a juror)—l do not say the regula-.,
tions were sufficient, but I do say that if the regulations
had been carried out, it would have been sufficient. I have
not any hesitation in saying that I know, from my own
inquiry, that the regulations aro habitually disregarded ;
but ray inquiry was not on oath.
By Mr. Steele—l do not think that the station master
would, of necessity, become aware of the disregard of the
regulations. I do know that White, the signalman, had
two of his fog-signals with him, but he did not use them.
By Mr. Freeland—l have no doubt that the occurrence
would not have happened had the regulations been oh-
served ; they were quite sufficient.
By Mr. Abrahams—l think the engine-driver ought to
have known of thh repairs going on at the bridge.
By the Coroner—l think that all drivers and guards
ought to have had a notice of the repairs going on. I do not
think it would bo advisable to have it signalled at each
station. The notice, if any, should go from the head office
through the inspector.
By Mr. Steele—Had the bridge been brick instead of
corrugated iron the occurrence would still have happened.
By Mr. Winter, jun.—Benge was clearly responsible that
the signalman went the full 1,000 yards, and ought to have
gone with him at the commencement of the job.
John White, having been cautioned by the coroner, said
—I have been a platelayer in the company's service for 20
years, and have been signalman during the repair of this
bridge, except for two days. I have done all the signalling,
except for two days. I was under the direction of Henry
Benge. I have generally gone back ten telegraph posts,
which was all I thought proper. He never told me how far
to go. 1 went to the same place as the man did who sig-
nalled before me. His name is Eltham. I had two fog sig-
nals, which Eltham gave me. I had not any directions to
put them down except in foggy weather. No one told me,
but I thought so, as they were called fog signals. The 2.50
train was at Headcorn when I left the bridge to go back. I
don't believe that I ever went a mile further than that.
On Friday last I first saw the tidal train below Headcorn.
I was standing in the six foot with the flag out over the up
line. I waved it in every direction. I first heard the
whistle as the train got just past me. There was then a
double whistle. I could not tell whether the brakes were on
or the steam shut off as the train passed me.
By the Rev. Mr. Moore (foreman of the jury)—l did not
go out to warn the 2.50 train, but Benge told me they were
Igoing to put a timber in after it had gone up, so I went out
with my flag.

By Mr. Abrahams --I thought I could have stopped thek
train in that distance of ten telegraph posts. I have stoppel
trains before at that place since we have been on that job,
I have done so four times with other trains—not a tidal
train, but three ballast trains and a single engine. I think if
the engine-driver had been keeping a look out they would.
have been able to see my flag and stop in time.

- -
By Mr. Minter—Benge said to me, "Now, John, taka
your flag and go out." He did not say, " Mind you go far
enough." I did all in my power to stop the train as soon
as I saw it, and I continued to do so till the train passed.
After I saw an accident had happened I went back towards
Headcorn to stop the mail.

By Mr. Freeland—l made a mark in the ground where I
stood at the time, so that it should be known.

David Ovenden, superintendent of the county police, re-
called, said—On Friday last, on the information I received,
I went down to the place of the occurrence, and about 9
o'clock saw Mr. Eborall and Benge there. Mr. Eborall asked
Benge how the accident had occurred, and Benge said in
reply, "Well, sir, I mislooked the time-book. I looked at
the Saturday instead of Friday, and thought that I had
plenty of time." After this conversation was over I returned!
to the prisoner and said to him, " I am about to apprehend
you. You are charged with the manslaughter of the per-
sons who have been killed by the accident this afternoon,
and you must now consider yourself my prisoner." He said,
" Very well ; it's a bad job." I searched him, and found oa
him the general service time-book for June, which I now
produce. That book shows that the tidal train on Friday
was due at Headcorn at 3 15, and at Staplehurst at 3 19.
On Saturday it was due at 5 20 at Headcorn, and at Staple-
hurst at 5 24. He had no book of rules.
Mr. Healey, manufacturing engineer, 108, Dorset-street,
Fleet-street, said that he had been stopping at Staplehurst,
and on going to the spilt examined the brakes and found
them on as far as concerned the carriages on the line. The
engine seemed to have been reversed, from the position of
the levels. The tender brakes could not have been put on
after the accident as the machinery was so much dis.
arranged.
The inquiry was adjourned to Monday next at 12 o'clock.