The Sun.
London, England, 1853-01-06 00:00:00

THE FATAL RAILWAY ACCIDENT NEAR

OXFORD.

CORONER'S INQUEST.

OXFORD, WEDNESDAY EVENING.—The inquest on the
bodies of the eight unfortunate victims of the lament-
able catastrophe which occurred to the down train of the
London and North-Western Railway, when approaching
this city on Monday evening last, was commenced this
forenoon, at the Star Hotel, Corn Market-street, before
Mr. Brunner, coroner for the district of the city of Ox-
ford, and a respectable jury. Mr. G. P. Hester, solici-
tor and town clerk of Oxford, appeared to watch the
proceedings on behalf of the railway company; and Mr.
Hayes, of the firm of Parker, Hayes, and Co., solicitors
to the company, was also in attendance. Mr. Bruyeres,
superintendent of the line, and Mr. M'Connell, super-
intendent of the locomotive department, were also pre-
sent to afford every facility to the jury and the coroner
in the prosecution of their inquiry. Mr. Menem, soli-
citor, also appeared on behalf of Mr. Alfred Blott, sta-
tion-master at Oxford; and, in the course of the proceed-
ings, Capt. Wynne, the Government inspector, entered
the room, and remained during the rest of the sitting.
The jury having been duly sworn.
The Coroner briefly addressed them, calling attention
to the importance of the melancholy task which de-
volved upon them. No doubt there would be a great
number of witnesses brought before them, and it was
desirable that—as had been done formerly in the Bices-
ter case—they should confine themselves, first, to tak-
ing the evidence which could be given by parties who
certainly could speak from a knowledge of the facts, but
who at the same time could not be supposed to be re-
sponsible] for the management of the line, as it might
happen, although he did not know that it would, that
the course of the inquiry would show that certain officers
of the company were to blame. He was sure, however,
that the jurors would dismiss all extraneous circum-
stances and all prejudices from their minds, and would
spare no pains or time in thoroughly investigating the
cause of the calamity, and endeavouring to arrive at a
conclusion which might be satisfactory to the public.
He might observe that one of the bodies, that of Samuel
Wilcox, a stoker, was lying at the Radcliffe Infirmary.
The name of the woman who had been killed by the
accident had been mistaken for Caroline Davis, whereas
her real name was Julia Norman. There were two
bodies which had not yet been identified, besides which
were the bodies of the two drivers and the two stokers,
which lay at the public-house in Horse and Jockey-lane.
The jury had better first go to view the bodies, and
afterwards inspect the scene of the accident ; and he had
no doubt that the engineers of the railway company
would furnish them with a map of the part of the line
between Islip and Oxford, in order to aid them in arriv-
ing at a perfect knowledge of all the circumstances bear-
ing on the inquiry.
The jury then proceeded to view the bodies, and also
the part of the line at which the catastrophe oceurred ;
and on their, return they were about to call the wit-
nesses, when

Mr. Mallam applied to the coroner for permission to his
client, Mr. Blott, to be present during the investigation.

The Coroner—lt would be better that he should not
be here. He will, I am sure, be well represented by
you, 3lr. Mallam.
Mr. Mallam—l cannot, sir, be properly instructed
with Out my client. In all courts of justice he is allowed
to attend, aid to suggest to his attorney matters which
it is desirable to get at in evidence.
Tlle Coroner—Mr. Blott is one of the responsible ser-
vants of the railway company, and assuming that the in-
quiry should take a turn which should render it necessary
for the jury to examine him hereafter, it would be objec-
tionable that he should be in the room now ; and, on
the other hand, if the inquiry should turn against him,
it was still more desirable that he should be absent.
Mr. Mallam—l only think that his presence would
better enable me to discharge my duty ; but I bow, of
course, to the coroner's decision.
A Juryman—l cannot see, Mr. Coroner, how Mr.
Blott will be able to defend himself if he is excluded,
should anything be adduced tending to criminate him.
Mr. Mallam—l well renew my application at another
stage, should it be desirable.
The following witnesses were then called in and ex-
amined

John Smith—l am foreman over the engines and en-
gine-drivers at the Oxford station of the London and
North-Western Railway. I have accompanied the jury
this morning to view the bodies. I can identify the
body-shown to the jury at the Radcliffe Infirmary as that
of Samuel Wilcox. He was fireman in the employ of
the London and North-Western Railway Company, of
engine No. 220. That engine was engaged in bringing
a coal train to and from Rugby to Oxford, on Monday
afternoon last. John Lee was the driver of that engine.
Lee is here. I also identified the body of John Tarry,
engine-driver ; it lies at the Saddler's Arms, St. Giles's.
Tarry was attached to engine No. 148, which was ap-
pointed to take the passenger train to Oxford, at 5.30,
p.m. on Monday. Another of the bodies was that of
Robert Bagden, fireman to that engine. He lies at the
same place. I was not at the station when that engine
started. It was not my duty to see the train start. Jo-
seph Kinch was guard of that train. I identified, also,
the body of Thomas Landon, fireman to engine No. 124,
which engine was also attached to the coal train on Mon-
daylast, and it was the foremost engine of the two.
Robert Law was the driver of that engine (124). His
body lies at the Victoria public-house. Law came from
Bletchley with the coal train. No. 220 was the second
engine of the coal train. I can't identify either of the
bodies. I knew Wilcox, Lee, Tarry, Landon, and Law. I
knew nothing of the accident. I went to Bicester by the four
o'clock train on the company's business on Monday. I act
under the locomotive department. I have only to see
that the engines are in good working order, and that
the men are in a proper state before they start. I have
not to see the trains start. Any man in an unfit state,
or the worse for liquor, would be seen by Mr. Blott, or
somebody else at the station. I intended to return to
Oxford by the coal train, but my business was not
finished when that train came to Bicester ; and so I
stayed and returned by the six o'clock train. There are
time bills for the coal train. The four o'clock train in
which I travelled stopped at Islip, and there I saw the
driver of 143 engine. He was bringing the 4.5 pas-
senger train from Bletchley to Oxford, and his train
was waiting for our's to pass. I did not speak to
Tarry, but I saw him on his engine. I was on the
other engine. He came to Islip at 4.15. I have known
Tarry for four or five years as a driver, and never saw
him the worse for liquor. When he got to Oxford, he
would have first to turn his engine and take water and
coke if required, and then to " shunt " his train from
one side of the station to the other, which duties would
take him about half an hour, and he had to leave again
at half-past five. From about the 15th of last month
there has been only one line of rails from Islip to Ox-
fora. The whole of the passenger traffic has been con-
veyed upon this one line of rails. We call it the up-
line. The contractors for the tunnel at Wolvercot had
the sole use of the down-line. ,-,W3T used 'it"-for -the
conveyance of stone, 13allast, -and water, between Islip
and Oxford.

By a Juror—There was nobody
.on, whom any res-
ponsibility would rest in my absence, as regards seeing
that Tarry was in a sober state' for the•half hour that he
would have to spare after " shunting" his eng,ine. I had
seen Tarry on Monday, at five minutes before 10 a.m.
I also saw him at 12, but subsequent to that I had no
conversation with him. When I saw him afterwards at
Islip I did not speak to him, but he was on his engine,
and' I was satisfied that he was in a fit state for his

duty.
By another Juror—l know of my own knowledge
tat" 'on two occasions the 5.30 passenger train from
Oxford left the station before the coal train had come
in'`:: In one of these instances two of the waggons of
the coal train had gone off the line, and the circumstance
was telegraphed to Oxford. I know of no other occa-
sion of the passenger train leaving before the coal train
came in. There is a coal train due every night in the
week except Sunday, at 5.20, at Oxford. I repeat that
I do not know that there is any person in particular
upon whom my responsibility would devolve in my
absence from the Oxford station ; but I should think
any of the policemen would take notice if the men were
the worse for liquor.
The witness then withdrew.
John Lee examined—l am a driver in the employ of
the London and North-Western Company, and have the
care of engine No. 220, which was at work on Monday
from Bletchley to Rugby, and from Rugby to Oxford
with a coal train. From Rugby to Bletchley there was
only my engine attached to the coal train ; but from
Bletchley to Oxford there was a second engine (No.
124), which Landon drove. We started at ten minutes
past three p.m. from Bletchley, which was about twenty
or twenty-five minutes behind time. We should have
left at 2.45. We took on the other engine because the
train was so heavy. The train comprised 54 waggon
loads of coal, and a break waggon, besides the two en-
gines and two tenders. We stopped at Winslow, Bices-
ter, Islip, and Banbury-road stations. When we arrived
at the Islip station I asked the policeman if it was all
right to go on, and he said that it was. We might have
for seven or ten minutes at Islip. We there
stopped
crossed on to the up line—that was in consequence of
some works going on at the Wolvercot tunnel. Almost
every day since the 15th November last I had driven
along this line in consequence of these works. I never
left Islip for Oxford without learning from the policeman
that the line was clear. Our time-bill states that the
coal train was due at 5.5 p.m. at Banbury-road. There
is a telegraphic communication between Islip and Ox-
ford. We stopped at the Banbury-road station, where
we saw a green or caution signal shown, and we went
along slowly, at the rate of five to six miles an hour, till
we came to the tunnel, and we went through the tunnel
at about four miles an hour. After we got through
the tunnel we increased the speed to about seven or
eight miles an hour. I know it as an incline from the
tunnel to Oxford. I was driving the second engine
at, this, time ; and when we had °t
within seventy or
eighty yards from the wooden bridge leading to Port
Meadow, we saw the rights of an approaching passenger
train. At first I was not sure thatitwas a second train,
but I looked again, and being
- , _ satisfied that it was a
„ train, I immediatelyjumped off. We were then going
at about six miles an hour. We were slackening speed
set open
again- before we saw the train comin.•
whistle before I jumped off. I called out fire-
man
that the train was coming, and told him tonlyi v
-.off. His name is Samuel Wilcox. He told me imp

the accident that he did not hear me call to him. I fell
on the left side of the line, and before I got up the ac-
cident had occurred. It was a collision between the
5.30 train and the coal train. All three of the engines
were thrown off the line. The three tenders were also
thrown off the line, and both trains were brought to a
stand-still. As soon as I got up, I could not see for a
moment, on account of the steam blowing off. It was
on the Oxford side of the wooden bridge that I jumped
off. When the steam cleared I went to my engine, and
found Wilcox lying hurt on the.foot-plate of it. My
engine was not overturned. I could not tell how he
was injured, but I saw him taken to the infirmary. Be-
fore he was taken there I saw him alive, and asked him
if he was very much hurt, and he said that he was, but
he could not tell me how. He was unable to speak any
more. He only asked me to take care of him, and I
said that I would. I then went to the passenger car-
riages, and I found two of them upset ? the one was a
second, and the other a third-class carriage. I helped
to get the passengers out of the broken carriages.
We picked up a man and a woman, who were both
dead. I did not hear any signal from the passenger
train, not even at the time when I saw the lights.
If there had been any whistle,' very likely I should
not have heard it. The whale of the traffic between
Oxford and Islip is now canied over one line of rails.
When a coal train comes into Oxford we go on to•the
same line where the passengers have their tickets taken,
and then we move off the main line to the left on a sid-
ing. I have no instructions to go and report the arrival
of a coal train to the station-master, and I don't know
whether the breaksmen have such instructions. There
was a green light in front of our first engine, and a white
light on the left side of the tender. There were blue
coloured lights at each side of the break van at the end
of our train. I saw two white lights on the passenger
train that was approaching us, the one was on the buffer
of the engine, and the other was on the side of the ten-
der. It was not quite a mile from the station to the
point where the accident happened. Since there has
been but a single line between Islip and Oxford I have
known the 5.30 passenger train to leave Oxford before
the coal train arrived. Once I waited at Islip until it
came up, and once I passed it between Islip and Bices-
ter. I was stepped at Islip on that occasion by the
policeman on duty. He told me that the passenger
train had left Oxford. He had got that information by
the telegraph I suppose. I cannot understand how the
passenger train should have come on when we had our
lights on. It was quite contrary to rule. The passen-
ger trains have white lights, and goods or coal trains
green lights. There is a signal at the iron swing-bridge,
and also an auxiliary signal post about 200 yards up the
line beyond the ticket platform. There is no other sig-
nal between the wooden bridge and the Banbury-road
station. The auxiliary signal is seen from a consider-
able distance when a train is coming from the Wolver-
cot tunnel. I cannot tell whether the passenger train
had reached the auxiliary signal when I first saw it. I
was looking for the auxiliary signal when the light of
the train attracted my attention.
This witness's examination was here concluded.

Mr. Hester—Now we propose, Mr. Coroner, to put
the Oxford station-master's evidence.

The Coroner—My duty, as the officer of the Crown,
is not to have Mr. Blott examined at present.
Mr. Hester—We consider Mr. Blott's evidence the
best evidence ; and it is only like beating about the bush
to seek for all this imperfect evidence, when there is
direct evidence ready to be adduced, but it is not ad-
mitted.

Mr. Mallam—lt appears to me that the exclusion of
Mr. Elott's evidence bears this construction, that there
is a foregone conclusion that this gentleman is in some
way responsible.
The Coroner—l am satisfied that my course is the
right one, and I feel that I shall be upheld by the public
in refusing to take Mr. Blott's evidence first.
Wm. Hayes examined—l am foreman of porters and

ticket collector at the Oxford station. My duty is to
see that the carriages are all marshalled ready for tra-
velling, and that the porters at the station are at their
posts. It is part of my duty to be on the platform at
the starting of every train, and t am provided, like all
the other servants, with a printed book of instructions
for my guidance. By those rules it is the guard's duty
to give the signal to start the trains by whistling to the
driver. There is a whistle provided for the purpose.
The drivers of the train are therefore subject to the
direction and the control of the guards. The guard,
before starting, ascertains from the station-master or
myself that all is ready for starting. I was on
the platform on Monday evening when the 5.30
train should have started. I knew that a coal train
was due at 5.20, and I was aware that it had not arrived
at Oxford. I have general orders from the station-master
to ascertain that the coal train is clear of the line before
the 5.30 train leaves the platform. To ascertain that, it
is necessary that I should go near to the swing-bridge to
see that the coal train stands clear of the up-line. I left
the platform on Monday night to ascertain that, and
while I was near the bridge, I saw a ballast train come
over the bridge and go into a siding on the coal wharf
side. I knew from a telegraphic communication that the
coal train had left Islip, and I ascertained that it had
not arrived at the platform. I had my proper lamp
with me. I returned towards the ticket platform, and
just before I got to the platform, I heard the driver's
whistle and saw the passenger train in motion. I had
not beard the guard's whistle. I called out to stop, as
loud as I could, but the driver was blowing off his steam
from the waste pipe, and that would prevent him from
hearing. The lamp that I had was not a signal lamp, it
was a lamp to light me up the line. As the train was
going off I called to the guard and told him that the coal
train had not come in ; that it was the ballast train that

had come in, and the guard instantly put on his break.
The guard was in the last carriage, and he would natu-
rally hear me last. The train went out very fast. It
started about 7 minutes beyond its proper time (5.30).
I had seen the driver on his engine about 28 minutes
after 5 o'clock, and before his train started. His name
is Tarry. He appeared sober, and I told him that the
coal train had left Ishp nearly half an hour, and I also
told him that he could not leave until after the coal train
had arrived. He said, "Can't we go, then, till that
comes in ? " and I said, " Certainly not." I examined the
passengers' tickets, and spoke to Kinch (the guard), and
told him the coal train had left Islip half an hour, and
that his train must not go on. I am sure that both
Tarry and Kinch understood that they could not go till
the train came in ; and Kinch said, "Would it not be
better for the driver to open his whistle ?" but I said,
" The line will not be clear while the red signal is on the
bridge." I saw the red signal was on at the bridge.
That was before I left the platform. The red signal was
on at the time the train started. It was plainly to be
seen from the platform. As soon as I found the train
in motion I ran to the policeman (Hareby) on the line,
and told him to show his red signal. He did so. The
train had passed when he held it up, but the guard be-
ing at the end of the train might have seen it. The red
signal at the swing-bridge was turned off before the train
reached it, for the driver had blown his whistle twice.
The whistle was used to call the attention of the guard
or the policeman, or any other servant that might be on
the line. The policeman on the line (Bonham) turned
off the red signal, which signifies "danger" and " stop,"
and it would be the duty of a driver not to proceed with
his train when such a signal was up. The green signal
was turned on when the red one was taken off. The
green means " caution," and " proceed slowly." I
had no other means of preventing the train from go-
ing on except those I resorted to. I tried all that I
could to stop it, because I was quite certain there must
be a collision. Mr. Blott was at the station at the "
-time. He-Was iheresri:Ona tfiree o'ehiCkuntif seven: At
five o'clock a telegraphic message came from Islip to
know if flie coal train might come on, and I asked Mr.
Blott, and he said " ; it may come on immediately,"
and that answer was sent back to Islip. I left no direc-
tions with anybody whilst I went from the platform to
see if the coal train was coming in. I was gone from
the platform about four or five minutes. The double
line is worked between the entrance of the station and
the platform. I ascertained that it was the ballast train
and not the coal train that had come in by the difference
of the lights, and by seeing 6ne of the contractors' men
(Mr. Smith) alighting. The passenger-train consisted of
one third-class carriage, next the tender ; one second-
class, adjoining the third-class ; one first-class, and the
guard's break. There were twenty-one passengers
booked by this train. There were no first-class passen-
gers ; but all were second and third class. I think the
greater number were third-class passengers. There was
no other person on the engine but Tarry and Bugden. As
soon as the train had started I saw Mr. Blott, who was
running towards the train. He asked, "Who started
the train ?" I said " I don't know, I did not, I tried to
stop it.° Mr. Blott and myself ran on, following the
train, and told the policeman to put on the red signal,
which he did. He waived the red signal. I and Mr.
Blott still followed the train in the direction of the scene
of the accident. I did not hear the collision, but I
dreaded it. I know of no audible signal by which the
guard could communicate the danger to the driver. The
drivers are under the orders of the guards ; but a red
light is a positive order to either guard or driver to
stop. . .

A. Juror—The question is which is paramount, the
red light or the guard's order ?
The Coroner—A red light is an order to everybody.
By Mr. Mallam—The coal train having been tele-
graphed from Islip half an hour before the passenger
train was to start, the former train had time to come in
before the 5.30 started, because it takes half an hour by
the time table for the coal train to travel between Islip
and Oxford.
The Foreman—Yes, it would just have time, but not
a minute to spare.
The Coroner—We cannot discuss that point now.
The examination of the witness Hayes was here brought
to a close ; and the jury then adjourned the inquiry till
half-past ten o'clock this (Thursday) morning.

BENEFICES.—A parliamentary paper which has just
been issued contains several abstracts from the latest re-
turns made by the archbishops and bishops in pursuance
of 1 and 2 Vic., c. 156, sec. 53. From these it appears
that the total number of benefices in England and Wales
was 11,728 in 1850, and upon 8,214 of these there was
a glebe house. It also appears that 6,132 clergymen
were resident in the respective parsonage houses, 664 in
the houses appointed by the bishop in his license, and
1,218 within the limits of the benefice, there being no
parsonage house ; making the total number resident
8,077. The total number exempted from residence was
1,36.1 ; but of these 329 performed the duties of their
parishes. The principal grounds of exemption are resi-
dence in other benefices, official chaplaincies, and offices
and masterships in the universities and public schools.
The number exempted by license, on the ground of infir-
mity and other causes, was 674, of whom 176 were do-
ing duty in their parishes. Number non-resident with-
out license or exemption 917* of whom 522 were doing
the duties in their parishes. The number of sequestra-
tioas wa,s 51 ; and from 357 benefices no return was re-
.
ved.

LAW INTELLIGENCE.

COURT OF BANKRUPTCY—JAN. 5.
• (Before Mr. Commissioner Fonblanque.)
IN RE LORD HIINTINGTOWER.

Mr. Bennett made an application to the Court under
the following circumstances :—His client (Mr. Hume)
was engaged in a Chancery suit connected with this
bankiuptcy. In 1849, 1850, and 1851 he was examined
in this Court. The evidence referred to transactions
extending over a period of nine or ten years past, and he
wished to be now furnished with a copy of the deposi-
tions then given. It was impossible for any witness to
recollect minutely what he had stated under such cir-
cumstances, and he trusted that the Court would grant
a copy of the depositions ; of course at the expense of Mr.
Hums.

Mr. Nias, for the assignees, resisted the apphcation.
If there had been a delay in giving the evidence, that
delay had been occasioned by Mr. Hume himself. The
assignees had for several years sought to procure Mr.
Hume's evidence touching a great quantity of property
which he held under trust. They had only at length
got at him by the Commissioner of this Court making a
summons good when left at Mr. Hume's house. If Mr.
Hume had not told the truth then, that was no reason
why his memory should be assisted now, and if he had
sworn the truth, he could repeat it. If Mr. Hume were
allowed to possess a copy of his statements already
made, it might be the means of frustrating justice.
Mr. Bennett thought Mr. Nias had not correctly re-
presented the facts of the case. He was not aware that
Mr. Hume had avoided the service of a summons of this
Court, although he was not able to state that such was
not the case.

Mr. Nias repeated that the facts were as he had repre-
sented them.

The Commissioner said that if a man had sworn the
truth at one time, he could do so again. He saw no
reason to depart from the practice of the Court. The
application would be dismissed with costs.

Dismissed accordingly.

INSOLVENT DEBTORS COURT.—JAN. 5.
(Before the Chief Commissioner,)
IN THE MATTER OF RICHARD WARD PELHAM.
This insolvent, the original Ethiopian, whose case was
mentioned on a former occasion, again came before the
Court. There was no further opposition offered. The
case had been adjourned to insert a residence omitted.
The Court named the 26th instant for the final order.
(Before Mr. Commissioner Law.)
IN RE JOHN WOLSEY.
This was an application for discharge, on the ground
of non-payment of "the sixpences." The insolvent had
a judgment of twelve months' imprisonment, at the suit
of a gentleman named Dayrell. He made an applica-
tion for an allowance on account of his poverty. The
money had not been paid by the detaining creditor, and
hence the present application.
Mr. Commissioner Law made the rule absolute for the
discharge.
IN RE JOHN HENRY CROMWELL RUSSELL.
This insolvent had been connected with a railway.
The case was partially heard before, and now occupied
the whole of the day.
The further hearing was adjourned to the Ist Feb.