The Sun.
London, England, 1849-01-17 00:00:00

SOUTHWARK.

Robert Duncan and IWary Duncan, his wife, were
placed at the bar before Mr. Cottingham for re-exami-
nation, for conspiring, with another person, not in cus-
tody, to extort money from the London and North-
Western Railway Company, by pretending that they
bad received serious injuries in one of the second-class
carriages on the sth of September, owing to a collision
alleged to have occurred on the journey from York to
London at a place called Leighton Buzzard.
Thomas Borridge stated that he was in the habit of
supplying Duncan with greengrocery articles, and from
an entry in his book he found that he had been at the
prisoner's house on the 20th of September, on which
occasion he recollected having seen the female prisoner,
who appeared to be in her usual state of health. She
did not mention to him that she had met with an occi-
dent on a railway, nor did she seem to be suffering
under any bodily illness.
Thomas Cotterell stated that eighteen months ago he
was landlord of a public-house in Brook-street, Lam-
beth, where a society called the Druids held their meet-
and that Duncan was secretary of the club, and
witness was treasurer. Witness had frequent oppor-
tunities of seeing Duncan's handwriting, and should be
enabled now to identify it.
The following letter was then read. It was addressed
to the Secretary of the London and North-Western
Railway Company."—
•` 59, George-street, Bermondsey, Nov. 2, 1848.

" Sir,—The medical gentleman representing the com-
pany, having seen Mrs. Duncan and Mr. O'Brien several
times, is fully aware of the serious injuries sustained by
my wife as well as Mr. O'Brien. You will, no doubt, be
informed by him that Mrs. Duncan is still very ill, re-
quiring great quiet and nourishment, and in the event of
her being again pregnant it will be attended with great
danger. Mr. O'Brien has suffered severely from the in-
juries to his knee and chest, and is still spitting blood,
especially at night, when his cough is very bad, which
will prevent him from attendng to his business for some
time, for did he do so before he is thoroughly well, it
might bring on relapse, the consequence of which may be
very serious. Under those circumstances Ido hope that
we shall not be compelled to proceed in an expensive
litigation against so powerful a company, where the
means of a private individual would be perhaps wasted
entirely in entailing utter ruin on ourselves and family
who have already suffered severely enough. lam wil-
ling to accept 601. for the injuries to Mrs. Duncan ; and
Mr. O'Brien is willing to accgpt 601., provided it is set-
tled this week, as Mr. O'Brieß has been informed by his
solicitor that unless proceedings are issued directly it
cannot be tried this term. In the event of this arrange-
ment not being made, Mr. O'Brien wishes it to be tried
as soon as possible. This letter is, of course, without
prejudice in either case, should we be compelled to have
recourse to a court of law. An early answer will greatly
oblige your obedient servant, «R. DUNCAN."
The witness having examined the above letter, stated
that he had no doubt it was in Duncan's handwriting.
Robert Darke—l was acquainted with O'Brien, who
is brother-in-law to the male prisoner. I became ac-
quainted with him in 1840, when I was working as a
compositor in Mr. Bensley's printing establishment. I
am now employed in Mr. Crawford's printing-office, pre-
vious to which I was at Mr. Reeve's, and during the
time I was in the latter situation—about, I think, the
middle of December—O'Brien called upon me, and pro-
duced a letter which he said he wanted me to copy. He
mentioned that it related to an accident his sister had
met with in a railway carriage. lat first refused to copy
the letter; but he at length prevailed upon me. The
letter runs thus--
6' 11, Northumberland-street, Strand, Dec. 15, 1848
" Sir,—Mr. O'Brien having made application to me
this morning respecting an accident which took place
on the North-Western Railway on the sth of September,
I beg to state that I was present, being one of the
passengers on that unfortunate occasion, and that I was
in the same carriage with Mr. O'Brien and Mrs. Duncan
(whom I afterwards found to be brother and sister)
when the aecident took place; and afterwards I saw them
on the line, and likewise at Leighton Buzzard, and came
to town with them. I was very much shook myself and
did not forget it for many days; but having received no
particular injury I did not trouble myself about it, nor
had I any time, but will not travel again by railway if I
can go by any other conveyance. They appeared very
much frightened and hurt. I had told Mr. O'Brien that
if he wanted me at any time he might depend upon me
to come forward, if I could do so conveniently, as I con-
sidered it a piece of gross negligence somewhere. I will
do myself the honour of waiting on you this afternoon at
three o'clock if you wish it, but am leaving town on
Saturday.—Your obedient servant,

" R. DARKE.

" To Mr. S. Harrison, solicitor, 5, New Inn, Strand."
The witness, in continuation of his evidence, said, when
I copied the above letter I returned it, and the one I
copied it from, to O'Brien. He had previously told me
that such a letter as that referred to was required before
the railway company would grant compensation, as a
person who was present and witnessed the accident was
either absent abroad or dead.
Mr. Clarkson—ls there any truth in what is as-
serted in the letter just read, namely, " That you
were present and witnessed such an accident as therein
described ?" Darke—There is no truth whatever in it.

Mr. Clarkson—Were you to have derived any benefit,
if compensation had been granted by the company to the
parties who made the application for it? Darke—"l was
to have had 4/. or 51." The witness proce4fied:—O'Brien
afterwards took me to Mr. Harrison, who required the
same proof of my respectability of character, and I in..
formed that gentleman of my situation of life, and those
employers for whom I worked as a compositor. I saw
O'Brien on Friday last (the day on which Mr. Clarkson
made application to this Court for warrants against the
parties implicated in the conspiracy). That person came
to me at one o'clock while I was at dinner at the Ship,
at Hungerford-market, and I expressed my surprise that
he should have called upon me after what had transpired,
and informed him that a warrant was issued for his ap-
prehension. O'Brien then went away, and I have not
seen him since.
By Mr. Clarkson—After I copied the above letter I
had my suspicions, and I communicated them to Mr.
Mallett. Subsequently I gave a voluntary statement of
all that I knew of the transaction to the solicitor of the
railway company. When I saw O'Brien on Friday last,
before he left the room, he expressed a hope that I would
not appear as a witness against him in the event of his
apprehension.
Duncan here requested that some letters relating to a
correspondence between him and Mr. Harrison might be
read, as he considered that it might be of importance.
Mr. COTTINGHAM accordingly perused one of the let-
ters, in which a pen was drawn through the words the
sth of April, and the sth of September substituted.
Darke explained this by saying he made the mistake
himself, and it was corrected by Mr. Harrison.
Mr. COTTINGHAM (to Darke)—Then you represented
to Mr. Harrison that you were in the train when the
alleged accident occurred? Darke—l certainly did.
Mr. ilarrisou thou produced some memoranda which