The Sun.
London, England, 1840-11-26 00:00:00

THE SUN, LONDON, THURSDAY, NOVEMBER 26, 1840.

LAW INTELLIGENCE.

COURT OF CHANCERY, Nov. 25.

The LORD CHANCELLOR, at the sitting of the Court,
delivered judgment in the following cases, which were
altogether barren of interest to the general reader.

PYM V. LOCKYER.
In this case his Lordship reversed the order of the
Vice. Chancellor, in certain respects.

LACEY V. PHILCOX.

The question in this case was, whether the nephews
and nieces of the testator, and their children, took any
interest in certain property, independently of the power
of selection given to the survivor of the son and daughter
of the testator. His Lordship decided that they took
it, subject to that power.

SHERIFF'S COURT, Nor 219.
(Before JAMES BURGHELL, Esq.)
THE CAMBRIDGE BANK.
This was a proceeding adopted by the Commissioners
of Land and Assessed taxes, in order to secure the re-
pdyment of the sum of 226/, her Majesty's moneys,
which had been paid into the bank of Mr. Field D.
Barker, of Cambridge, under the following circum-
stances :
Mr. R. Haylock, of Sussex-street, Cambridge, de-
posed that he was a Collector of Land and Assessed
Taxes for the present year for the parish of Holy Tri-
nity in Cambridge. He had an account with Mr.
Barker, at Cambridge, and he deposited in that gentle-
man's bank the sum of 2261., the Queen's moneys,
being part of his collection of land and assessed taxes
for the year 1840. He deposited the same for better
protection until he was required to pay it over to the
Receiver-General on the 25th instant.
The Jury, under the direction of the Learned UN-
DER-SHERIFF, found that Mr. Barker was indebted in
the sum stated to the Crown.
MESSRS. WEIGHTS' BANK.
This was a similar proceeding,for the purpose of indem-
nifying the Crown against the loss of 1,5821. 15s. 10d.,
which had been paid into Messrs. Wrights' Bank, pre-
vious to its stoppage on Monday last.
A solicitor handed in the affidavit of William Good-
win, clerk in the Privy Seal-office, which had been
sworn before Lord Chief Baron Abinger, at his Lord-
ship's residence, on the 24th inst.
The Learned UNDER-SHERIFF read the document
to the jury, from which it appeared that the sum of
clei,s vBed 21.
bylss.Ra l 01
pct. ,
Eden,public E
s g Receiver of Fees in moneys,the arising from fees re-
Privy Seal-office, had been paid into the Bank of An-
thony George Wright, Biddulph John Wright, Henry
Robinson, and Edmuni William Jerningham, bankers,
of Henrietta-street, Covent-garden, for safe custody,
rd by Mr. BURCHELL,
until payment
juryaym enhtawvainsgmbaedeentoadhdess
her Majesty's use.
returned a verdict for the sum claimed.
The object of the above proceeding is to seize upon
the parties' goods or estates until the Crown moneys
are re-imbursed.
In case of fiats of bankruptcy being issued, the writs
of extent would hare to be satisfied before the other
creditors come in.

Cornish Broad, and that that individciil was c-,)e of tile
gang, and no doubt the charge of forgery would be up-
set by the proof that he was the acceptor.
The prisoner said he believed there was a gentleman
present who had seen Mr. Cornish, and knew that he
accepted the bill.
Here a well-dressed person stood forward and said that
he saw Mr. Cornish accept the bill in a public-house.
Sir PETER LAURIE—Oh! you know Mr. Cornish,
do you ? Pray, who are you ? Witness—l don't wish to
mix myself up in this business.
Sir PETER LAURIE— But you come here to give evi-
dence. Let us know your name ? Witness—My name I
Why, my name is Smith. John Smith.
Sir PETER LAURIE—And what are you, Mr. John
Smith ?Witness—What am I ? I am a linen draper.
Sir PETER LAURIE-.-In what place? Witness—ln
Bishopsgate.
Sir PETER LAURIE—In whose house are you, Mr.
John Smith ? Witness—l don't wish to say, because I
don't like to have myself mixed up in a matter of this

kind.
Sir PETER LAURIE—NO ! I dare say. You have no
wish to !et us know the part you play, Mr. John Smith.
You came to serve Mr. .:lift, I have no doubt. Wit-
ness—l came here just to say what I knew, that's all. I
know that Mr. Cornish put his name to the bill.
Sir PETER LAURIE.—I have no doubt you know all
about it ; and I advise you to take care how you mix
yourself up, Mr. John Smith. I think at all events we
shall break up the gang.
Inspector Shackell, of the Metropolitan Police, a
very intelligent officer, stated that several persons had
applied to him about the prisoner, who, they said, had
got goods from them on credit, and under false pre-
tences. He had every reason to believe that Cornish
went by the name of Broad, as well as by that of Cor-
nish, and one of the officers had seen several loads of
goods taken to the house by tradespeople who were no

doubt cheated of their goods.
A metropolitan policeman stated that a particular
acquaintance of Cornish was committed for cheating,
and from that person witness had learned that Cornish's
name was Broad.
Sir PETER LAURIE said that he felt very anxious to
have an interview with Mr. Cornish Broad, and several
other parties who were interested in Mr. ClA's tran-
sactions.
Mr. John Hudson, of Featherstone-street, City-road,
said that he came to the justice•room at the last exa-
mination of the prisoner in consequence of having seen
an account in the newspapers of what occurred, a friend
of his having taken a bill of Clift, which was no good.
To his surprise the moment he appeared the prisoner
called upon him to give him a character.—(A laugh.)
The prisoner said that he had been merely unfortu-
nate in his business, a calamity to which every one was
liable, and that at the time he accepted bills he was
sure of being able to pay them.
Mr. Beswick, a wheelwright, of Old-street, St.
Luke's, stated that Gift obtained two carts from him,
in payment of which he gave him the acceptance of the
firm in which he said he was a partner, that of Messrs.
Caine, Chit, and Co., but there was no firm of the
none.

The prisoner said the firm was a bona fide one, and
that Mr. Crane was a brewer's dray men.—(A laugh.)
Tiiey had dissolved partnership, however. The carts
had been sto!en, and the horses he had purchased, to be
driven in them, proved to be glandercd. His name
was, he assured Sir Peter Laurie, Isaac Godfrey Clift.
Another tradesman produced a bill of the prisoner's
for which he had given goods, and which had, of course,
haen dishonoured. In fact, not one of the parties
whose names were upon it, could be found.
Sir PETER LAURIE—Are there any other tradesmen
here who have been plundered ?
Asolicitor for some of the complainants said there were
several who had received characters of the prisoner and
of Mr. Cornish Broad from individuals who undoubtedly
were participators in the plunder.
Sir PETER LAURIE—Did they make inquiries about
the character of those to whom they were referred ?
The Solicitor—They did, and all the persons referred to
proved to be connected in the system, the ramifications
of which are most extensive. The exposure which took
place some days ago on this subject, opened the eyes of
many persons who have been plundered, and I have no
doubt prevented a great many others from being robbed.
Sir PETER LAURIE—That is the virtue of examina-
tions of this kind. I have always encouraged them, and
always shall assist them for the benefit of the public.
Pray prisoner, do you know this Mr. John Smith, the
linen-draper, as he cads himself? Prisoner—l have
seen him before —(Laughter.)
Sir PETER LAURIE—You and he must be very cau-
tious how you are seen together after this investigation.
Mr. Robert Lindsey said that he had let a house in
Crown-street, Westminster, to the prisoner, who re-
erred him to a Mr. Charles Godfrey, who gave him a
most excellent character. By Mr. Charles Godfrey
witness was referred to another person, who resided at
Pophor; and who ilpoke of Mr. Charles Godfrey in the
highest possible ti.rms. The house was delivered to the
prisoner, who never paid a farthing, and took flight oee
day, leaving the floor open.
S:r P. LAukrE—Then you got possession of your
house?. Mr. Lindsey said that a policeman finding the
I door open went in, and seeing the house was empty
locked it, and brought him the key. He was much
• blamed by the neighbourhood for having such a tenant,
j as the prisoner ran in debt all round the place.
1 Tile prisoner—l left some excellent fixtures in it, for
which I paid a great deal of monsy.
Sir P. LAURIE—Did you make any inquiry after the
parties to whom you applied on the subject of character ?
Mr. Lindsey—l did.
Sir P. LAURIE—And they were all gone ? Mr. Lind-
sey—Every one of them. I found them all leagued
together for the purposes of fraud.
Mr. Bennet, a respectable tradesman of Aldersgate
Ward, of which Sir Peter Laurie is Alderman, here
stepped forward, and said that he had known Broad to
be a swindler these twelve years, and to have got into
several houses by scheming. He ( Mr. Bennet) had
been upon one occasion, in which he went to take
(possession of a house, actually charged with robbery
by Mr. Broad, but he succeeded in turning him out
of the house.
Sir PETER LAURIE—I shall remand the prisoner
till 'l'uesday, and, in the mean time, let new inquiries
be made. To Mr. Dimsdale every praise is especially
due for the pains he has taken, for the expense he has
beeni at must have far exceeded his original loss by the

prisoner.
The prisoner was then remanded till Tuesday, on
which occasion Sir Peter Laurie said he should attend

GUILDH.ALL.
The driver of one of Child's omnibuses appeared on
a summons, at the instance of Isaac Wilson, a carrier,
charging him with wantonly damaging his cart, and
endangering his life and that of his son, a boy about 14
years of age.
The complainant stated, that on Thursday, as he
was driving into the City through Fleet-street, and
nearly opposite St. Bride's Church, the defendant came
at full gallop from the direction of St. Paul's, and
struck the wheel of his waggon, by which the shafts
were snapped in two, and the vehicle completely tilted
over. The complainant's son, who was sitting in the
waggon at the time, was thrown under it, and almost
miraculously escaped being crushed to pieces. The re-
pairing of the damage cost 3/. 13s.
A witness, named Dodd, confirmed this statement;
and said he heard several persons. cry " Shame "at the
defendant for driving at such a furious pace.
Mr. Child, who attended, said that the driver was a
very steady man, and had been only walking at the time
the concussion took place.
The sitting Alderman said they were all very steady
until found out. He did not mean to make any per-
sonal allusions, but he must say that a more wanton or
reckless set of individuals there were not in the metro-
polis than the omnibus drivers. He should order the
defendant to pay the amount of the damages, and he
might consider himself very fortunate at having escaped
so easily.
The young woman, named Gordon, who attempted,
about three weeks since, to commit suicide by throw-
ing herself from Blackfriars-bridge, and refused to give
any information as to her friends or connexions, was again
brought up to-day ; but, notwithstanding every exer-
tion of the relieving officer of the London Union, all
he could find Out respecting her was, that some time
since she lived.with a lady, named Warren, in Penton-
ville. The nnfortunate girl, still remaining obstinately
silent on this sUbjeet, was again remanded.

6.60.
ACCIDENT ON THE LONDON
AND BIRMINGHAM RAILWAY.
ADJOURNED INQUEST.
(Continued from our First Edition of yesterday.)
Richard Parker—l live at Chalk Farm-lane. la,
foreman of the locomotives at the Camden station. I
went up to the place where the accident occurred, at
Woodcock-bill, as soon as information reached the
Camden station. I went to assist in getting the car-
niges
off
the line. I got there about half-past three
o'clock. The came of the accident was one of the
wheels breaking. I don't know which broke first—
the wheel or the axle-tree, but there were both wheels
and axles broken. There are two makers of wheels,
1-ligue and Gordon, both very much alike ; but I cannot
say which maker the wheel belonged to. They are
cast-iron wheels. I think it was a wheel broke first.
1 never knew a wrought-iron wheel to break. The
person who gave me illfOrin;!tiOrl of the accident was
the driver of the train, a portion of which had broken
down. The drivcr brought the remainder of the train
to Londun. The wheels have roand spokes and arc
hollow.

A Juror—That is the cause of their breaking.
The Coroner—It would be very desirable to know
whose wheels they were.
Witness—They were either Hague's or Gordon's, but
I cannot say which.
Charles Calian-1 live at Aylesbury. lam driver
of the Aylesbury train cn the London and Birmingham
line. I have been there since the opening of the line to
Avksbury, about a year and a half ago. Before then,
w.tc, en the MAnchester and Liverpool line for eleven
years. I have been connected with engines ever since

I coulil work, I was employul. by Toe
signals are the same as on the Liverpool and Zaanches-
ter line. Red, a dead stop ; green, slowly and cau-
tiously ; and white, all right. I had printed instruc-
tions from the London and Birmingham Company,
I left Euston square with the Aylesbury train at
three o'clock. I had not then heard of the ac-
cident at Woodcock-hill. I saw the luggage

lying across the up line. I was on the
down line, on which there was no obstruction, and went
slowly by. Mr. Bedford held up a red signal when I
had passed' the place of the accident. He was cominc,
down the line. I have never met with an accident, al-

though I have been on the line since its opening. I
stopped when I saw the red signal. Mr. Bedford came
up and desired me to tell the policeman at the Harrow
station that when the cattle train came up, if it came
immediately, to turn it on the down line. If not, they
were to make it wait. I told the clerk at Watford that

the luggage was broken down. I never had instructions
to give an alarm at all the stations when an accident
occurred. It was no part of my duty to give informa-
tion at any of the stations except Harrow. The clerk
at Watford, Mr. Pigon, said he would stop the next
up-train. I never had orders not to mention accidents
whin I saw them on the line. I consider imyself the
servant of the Company. Mr. Bury is our superintend-
ent, and his clerk pays us. I can hear the whistle ; but
at night sometimes, when the wind is very high, we
cannot hear the whistle. We use the whistle at all the

stations.
Edward Bury, I reside at Liverpool,l am superintend-
ent of the locomotive power on the London and Bir-
mingham Railway. I have held that office from the
commencement of the undertaking. The engines are

the property of the Company. The luggage waggons
and carriages also belong to the Company. The Grand
Junction carriages also travel on the Birmingham line.
The engines and tenders No. 82 and No. 1, which
Simpson was driving when he was killed, belonged to
the Birmingham Company. The Company, I believe,
can be sued by their Secretary. The locomotive power
is not in the possession of Trustees, but of the Direc•
tors. The cost of No. 1 engine was 1,150/., and 1801.
for the tender, making 1,3301.; the value of engines
has risen since then, the engine is very little injured,
hut the tender is a good deal darneged: The cost of
No. 82 engine was 1,250/., and 1801. for the tender,
making 1,430/. The same engine would be now worth
1001. more, and the tender of 82 is a good
deal damaged. The Company do not con-
tract for their steam power, they are their own
property. I was in Liverpool when the accident oc-
eurrad. lam employed at a salary, and hire all the
firemen, engineers, and persons connected with the lo-
comotive power. 1 engaged Joseph Simpson, Martin
Brown, and James BradLurn. Simpson applied to me
in Juiy last at the Camden-town station. He brought
me a character from Mr. Flail, engineer of the New-
castle and Carlisle Railway Company, sagging that he
had been two years and a half employed as fireman and
engineer on the line. I wrote to Mr. Hall, as I never
take written testimonials; and, on the 24th of July, I
received an answer from Mr. Hall, in which he again
stated that " Simpson had been employed on this rail-
way two years and a half, as fireman and engineman to
locomotive engines. He has had full charge of several
of our engines, and latterly one of our quick-train en-
gines, which he managed very well. Simpson was a
very respectable, decent man. There is no doubt he
was the person he represented himself to be. He was
then taken on the Birmingham line. I had a complaint
at one time that Simpson passed the station without at-
tending to the proper signal to stop his train. He was,
in consequence, fined a sovereign. I was et the time
in Liverpool, and when I returned be came to me and
complained of the injustice of being fined with-
out hearing his defence. In consequence I wrote to
Mr. Bruyere on the subject, as he represented to me
that there was no signal, and that the police were in
fault and not himself. A clerk was sent down to
Harrow to take the evidence, and that of the cattle-
drover who was in the train at the time. The fine
was not remitted. The two greatest crimes of which
an engine-driver can be guilty are drunkenness and a
neglect of the red signal. The officers of the line are
always endeavouring to impress upon the engine-drivers,
and other servants of the Company, the great import-
ance of attending to the red signal. The great secret
of the management of railway trains is attending to the
red signal. 1 do not know whether the conduct of
Simpson, and the fine of a sovereign imposed upon him,
were reported to the Directors. Ido not know another
instance of neglect of the red signal except one, and
that was followed by the suspension of the party. I
think a warning to the eye of mote importance, and
more likely to attract notice, than one to the ear. In
the accident at the Harrow station, none of the wheels
of engines or tenders were broken.
The evidence taken in the case of Simpson was then
read. It consisted of the depositions of the policeman
and porter, both of whom distinctly avowed that the
red signal was shown when the train was a quarter of a
mile from the station, in consequence of a bullock being
•peen to hang over one of the waggons—that the driver
(Simpson) paid no attention to it, although repeatedly
hailed, and shortly after the train had passed the bullock
foil. _ _

Henry Pringle Bruyere.—l reside at Nottingham-
place, Regent's-park. I am superintendent of the line.
I knew Joseph Simpson one of the drivers. A corn-
plaint was made of his conduct in September or Octo-
ber last. The complaint was made through the police,
and through the clerk at the Harrow station. It was
made in writing. I sent the complaint, and a memo-
randum made on. it, to Mr. Bury, who shortly after-
wards wrote to me requesting tlist I. would investigate
the case. I sent my clerk down there in consequence,
and he took the evidence of the two persons, a porter
and policemen, who had seen the occurrence. I sent
the evidence to Mr. Bury. It was understood that
Mr. Smeaton, who was in the cattle train, and to whom
the ox belonged, could prove that the signals were nor
shown. I sent Mr. Wyatt to Mr. Smeaton, who told
him that the signals certainly were not shown. We do
not guarantee the cattle from injury. I do not believe
Mr. Smeaton ever applied for compensation to the;
•Company. The ox's horn was broken. I don't know
whether any report was made of Simpson's conduct to
the Directors. I wish to add to my evidence that it
was stated on a former occasion that Simpson's body lay
under the waggon till four o'clock in the morning. On
the contrary it was raised immediately after the mail
train passed. A coat was thrown over it, and a man
stationed beside it with a lanthorn.
The CORONER—I believe every thing was done that
could be done.
By the Forenaan—l think the whistle is the best
signal for an engine coming.
Henry Wytttt—l live at Camden-town. lam su-
perintendent of the goods department. Mr. Smeaton
and the breaksman told me that. the signal was not shown
in the case when Simpson was fined. I saw the accident
at the Woodcock-hill. One wheel only was slightly
broken and two axles. Hague was the manufacturer.
The greater portion of the waggons on the two trains
when the accident occurred at Harrow belonged to the
Birmingham Company. The waggon under which
Simpson was found belonged to the Midland Counties
Railway. Company. It was the eighth waggon in the
train.. There were two waggons also belonging to the
Grand' Junction Company. There were about twenty
waggons belonging to the Birmingham Company, the
cost of each of which was from 901. to 1001.
Richard Creed—l reside at Walthamstow, in Essex.
I am Secretary to the London and Birmingham Railway
Company. I now produce a list of the Directors of the
Company. Mr. Lowe is dead, and Mr. 'Jones is now
elected in his stead. That is the only altetation it re-
quires. The property of the Company is vested in the
names of the Directors. The Company sue and are
sued through the Secretary. I have been connected
with the Company since its first formation in 1829. It.
was opened throughout on the 17th September 1838.
The number of miles travelled up to the 31st Octo-
ber 1840, was 89,885,144. That was the mile-
age upon which the Government duty was paid.
The total number of passengers in the same period was
1,349,030, being on an avearge of the whole equal to
66} miles travelled by each passenger. The number of
miles travelled by the engines employed in that service
was 2,040,000. Not one passenger has been killed by
any accident on the line—there have been no fractured
limbs but some severe hurts, about three or four. I
cannot state the number of servants of the Company
who have lost their lives in that period, but including
the present two, I don't think the number exceeds five.
The number maimed or hurt was about the same. I
do not include labourers in this estimate. We have
adopted some new regulations, but they require the con-
firmation of the Board. The following are the regula-
tions, but they have not yet been confirmed.
The CORONER said it might be set,sfactory to the pub-
lie to know what they were.
Engines in all cases, whether acting as pilots, or having
gone out as assistants to trains, to carry tail lamps.
The weights of all loaded waggons to be ascertained
by machines upon coming on the line, and machines to
be provided for that purpose.
Luggage trains to work to a time table, and the times
of arrival at the respective stations to be observed and
reported, whether the trains be stopping or passing
through.
For carrying out the foregoing to h
suggestions
sestaionesrtthainener
and
of waggons in each luggage train
limited.
Wagg,ons found by the weighing machines to exceed
the regulated load, not to be permitted to go withthe

train.
Mr. Bury, as superintendent of the luggage machinery,
to examine and report on the state of the waggon-wheels
and axle-trees, and to replace all that may be in any
way defective.
All parties supplyinm wheels or other iron work
for the carriages anti waggons, to send a declaration of
the particular manufactory they have used.
which refers
Clause 195 of the Act of Incorp
on the London and
to
to the apprDvtl of carriages coming
Binning:lam line, to be strictly adiacred to in the case
of clause 196.
The police and station clerks to repeort talc) the state
of the tail light of every train, whtheritiggage, pas-
senger, or ballast.