The Sun.
London, England, 1840-12-04 00:00:00

FROM TIIE MORNING PAPERS OF THIS DAY.
(From the Times.)
Th Jury recently assembled at Harrow to inquire
c
into the causes of the death of William Dawson and
Joseph Simpson, by what, in common parlance, is
termed the late " accident" on the Lindou and hir
mingham Railway, haze at length brought to a con-
clusion the distressing and laborious duties, in the per
formance of which they exhibited so much patient
and conscientious diligence. Their verdict is one
which cannot fail to produce a sensation from one end
of England to the other, and is likely to be emi-
nently useful in the way of warning to the Railway
Companies, and in the way of example to future
Coroners' Juries. Rmently we have had too frequent
reason to speak in terms of censure or remonstrance
of the feeble and inefficient manner in which those
tribunals have discharged their thity, especially in
railway cases. Inquests had sunk almost into matter,
of form, and deodands had become a subject for an-
tiquarian curiosity to explore and illustrate, so little
was their true nature understood, or their public
utility considered. On the principle which seems to
govern the decisions of Police Magistrates (especially
in cases where gentlemen are concerned), it had become
a matter of course to assess the deodand at a totally in-
adequate value, and to exercise a discretionary power of
mitigation, as if it were the rule instead of the excep-
tion. So far front extenuating circumstances being re-
quired to justify clemency, the onus probandi was appa-
rently thrown the otter way, and even the plainest
case of aggravation was not esteemed sufficient to justify
the enforcement of the simple letter of the law. This
state of things had 'continued so long, that juries must
have been frequently ignorant of their real duties
and powers, and it was not the custom of Coroners
to enlighten their ignorance. In, the mean time
a new clement bad sprung up in our social
condition, in the shape of railway travelling,
which imperatively required the application of some
strong and efficient check, constitutional in its
origin, and regular in its operation, upon culpable neg-
ligence or misconduct, on the part of those who, for their
own profit, and upon their own responsibility, had un-
dertaken the safe conveyance of the public by a new and
(it not carefully managed) most hazardous method. A
simpler, juster, and more obvious cheek than the liabi-
lity to legal forfeiture in cases where death ensued from
any failure in the performance of duty, could not be de-
vised ; and that the amount of forfeiture should be
such as to make itself felt is at once most reasonable
and most necessary. Were no such law in existence,
the circumstances which have occurred within the last
few months would he sufficient to create a general de-
mand for its speedy enactment. To possess such a
law, and not to enforce it, would be nothing short of in-
fatuation. It there were any who had not yet made the
discovery that such a law does actually exist in England,
and that coroners' juries have the power, and are in
duty bound, to declare the forfoiture of any property,
however valuable, which by the clear fault of its
owners has been the cause of a fellow-creature's death
—it there were any who still required to be informed of
this important fact, the verdict of the Harrow Jury
would remove their ignorance, and leave them without
excuse, should they ever hereafter, in the capacity of
jurors, fail to imitate so admirable an example. For
the lives of the two unfortunate victims to a system—
it amounts to a system—of careless inefficiency, which
it is shocking to contemplate, the London and Birming-
ham Railway Company stand condemned to pay the
value of the engine and train which produced the
slaughter, assessed bona fide at the sum of 2,0001.
If ever there was a case which called for so jus',
honest, and uncompromising a discharge of duty by
a Jury, it was surely this. We ourselves, and many
others, had imagined that the freedom from serious
accidents by which the London and Birmingham line
has been eminently distinguished, was attributable to
prudence, caution, and efficiency in the arrangements
of the Directors, and to vigilant and jealous superin-
tendence of the conduct of their officers and servants.
We may be reminded that we have borne testimony
to their high character in these respects ; and we plead
guilty to the charge ; we knew not how much we were
indebted to Providence, and how little to human fore-
thought or care, for the immunity with which we had
often travelled on that railroad. But the amabilis insa-
nia is dissipated for ever. Upon this railroad, which we
thought so sale and so well managed, persons have been
constantly employed as engine-drivers %via), whoa
Ce-ao. of Justlce, ce,nld z 01
their instructions ; and no wonder, for the instructions
were printed, and the engine-drivers could not read!
Upon this railroad an engine-driver convicted of the
highest and mo,t wanton breach of duty, that of wil-
fully disregarding signals of danger, and deliberately
hazarding hundreds cf lives—lives of innocent persons
For whose safety the Company are responsible—this en-
gine-driver, whose desperate recklessness on all occa-
sions was notorious among his compeers, and alight
have been ascertained with ease by the slightest inquiry,
was retained in the Company's service, and intrusted
with the charge of other engine,. and other trains, till
his infatuated incapacity terminated in suicide and
murder. Upon this railroad an accident happened in
broad daylight, which rendered one line of rails impass-
able fur a space qf two hours ; and yet no notice was
sent to any station except that close to the place of
the accident, nor did any one, guard or conductor, of
the numerous trains which passed downwards think it
incumbent upon him to drop a hint of the existence
of any impediment upon the road. Night was suffered
to close in without recourse to any extraordinary precau-
tion ; and after night had closed in, an engine was de-
liberately left to take care of itself in the immediate
neighbourhood of the previous accident, at a time
when a train was momentarily expected upon the
&HDg line of rails, and at a place where
that train did not ordinarily stop ; and the person
who did this thing received no reproof from
his employers. And, to crown the whole this took
place while the leading officers of the Company
were upon the spot, or in the immediate neighbourhood,
actively engaged in giving orders, and directly concerned
in sending the detached engine to the spot where the
fatal collision took place. Even in the absence of this
accu.nulation of guilty negligence, the verdict of the
Coroner's Jury would be amply justified by the single
circumstance of the retention of Sampson in the Com-
pany's service after his first offence. Can any man say
that if it were made felony to drive a locomotive engine
at full speed past recognized signals of danger, there
would be any injustice or even harshness in the law
And yet the London and Birmingham Railway Company
visit this moral felony, this wanton exposure of the lives
of passengers, in the case of one of their own servants
with a fine of twenty shillings, and then give him the
opportunity (al which he took too deplorable an ad-
vantage) of repeating his inexcusable offence. And
while they were continuing this man, to his destruc-
tion and their own infamy, in their employment,
they were constantly suing for penalties of four pounds,
five pounds, and the like, before Justices of the Peace,
under Lard Seymour's Act, against petty trespassers on
their road. We are glad to find that Mr. IVakley,
with the same praiseworthy zeal which he has dis-
played throughout this investigation, has promised to
bestow a careful attention upon the technical drawing
up of the inquisition. It would be a grievous disap-
point indeed, and might excite feelings of indignation
as well as of regret, if so just, so useful, and so neces-
sary a verdict were hereafter to be quashed for some
wretched pettifogging blunder of an attorney or a scribe.
Sure we are, that those who may go into Westminster-
hall in the hope of being relieved against the conse-
quences of their own misdeeds will find no preposses-
sion in their favour upon the seat of justice. We ad-
vise the London and Birmingham Railway Company
not to try any such experiment, but quietly to pay their
deodand of 2,0001. Whether it goes to the Crown, or
to Lord Northwich, or to anybody else, is to the public
of no earthly importance ; if it were thrown Into the
sea, it would do good, so long as it came out of the
pockets of the Railway Company.
(From the Morning Chronicle.)

In our necessarily very much abridged report of the
proceedings at t►e dinner given at Edinburgh to Mr.
Adam Black, we did not do justice to tht• Rev. Mr.
Alexander, a Dissenting Minister of that city. That
gentleman gave most excellent advice to the Govern-

went :
p kin. in the name of the Dissenting
body, " if,"said be,thespeaking
l present
by them. ea
e Administration will abide by the only
principles by which
stand,
alon the Whig party, as such, can
e w
But let there be no mit-
•
ll stand
take. If there is to be support oh the one side, there
and high principle on the other. We
are too powerful to be trampled upon ; and if
in n
we can make our power be felt, this course
mustfe
feel
oab other
me
t fair
we p
way
if they can do without US. -- ( Hear, hear.) I
at leastis open to us—to stand aloof, and let the Liberal
havepar ntytorywish to sec such a course pursued ; but if it should,
I have no doubt that the result will be that, once again, as
at the time of the revolution, the Dissenters will be in-
vitcd to come forward and save their country front the op-
pression and misrule of Toryism—(Cheers.) Let us
rather indulge the hope that Liberal Churehmen and Dis-
senters will see their common interest to be in maintaining
inviGlate equal rights, without: fn respect to religious dif-
ferenc, sod that, united in one just confederacy, they
will bear dawn before them the efforts of bigotry to re-
establish the tyranny of religious tests.--(Cheers.)"
It is only by sinking sectarian differences that the
Liberal party in Scotland, as well as elsewhere, can
have any hope of standing their ground. We
fore enter our protest against the advice given to be
Scotch Dissenters in the Patriot of yesterday,,which,
as a
The
if acted on, would destroy the Liberalsparty. I
t
the

-----
Lord Provost of Edinburgh, Sir James Porrett
proved himself a vain, conceited fool, in doing what he
could to break up the Liberal party by joining the To-
ries to keep out Mr. Black from the civic chair. With
their usual shrewdness, the Scotch Liberals. perceiving
the consequences oft he false move, endeavoured, through.
the splendid dinner to Mr. Black, to restore peace. be-.
tween the different sections ; and we trust. that the idea
of exclusion from office on account of religious creed
will never more be revived. But. the writer in the
_ Patriot would undo all that the (limier has done, and
revive sectarian animosities:—
" The Dissenters of Scotland have nit been fairly or
honourably treated; nor east they expect to be till they re-
turn representatives capable of advocating their cause, and
conscientiously attached to their principles, to speak for
' them, and to watch over their intersts, in the House
• of Commons. We intend no disrespect to tic excellent
I Liberal Members of whom Scotland may boast ; but. alter
all, what can be oixpecfrd from Whig Nou-intrusionists
on the one hand, or from Church patronatze Whigs
on the other? What from Liberals shackled by the
golden bonds of office, or from a mere tosn of pleasure
whose liberality of principle is of that ho!low kind
which proceeds from sheer latitudinarianism of arced and
practice? What from any of these, as regards the objects
dearest to the Dissenters? It is all very well to unite in
securing to Edinburgh the honour and very convenient ad-
vantage of being represented by a Whig Attorney-Ge-
neral or Cabinet Minister ; and although we would rather
see Adam Black returned by his townsmen, 113 Andrew
Marvell was by his Hull constituents, than either, yet, it
might be indiscreet to divide the Reform party by starting
a third Liberal candidate. So long, however, as Dissenters
content themselves with simply aiding to send to Parlia-
ment party men, whether mere Whigs or mere . Radicals,
they will be supposed either to have no producible candie
dates from their own ranks, or to have no political
strength ; and we scarcely know whether they might not
as well, under such circumstances, be without the elective
franchise. Either supposition places them in the degraded
position of an inferior caste ; and how useful socrer their
services may be found upon occasion, hi party conflicts,
let them expect nothing but courteous contempt from the
Whigs, and bitter hatred from the Tories, till they can
manfully assert their independence of both."
We will tell the Patriot what would be the conse-
quence of acting on his advice. In almost every case
a Tnty would be returned. The Dissenters, though
a numerous and respectable body; are seldom possessed
of that amount of property which in this country is
supposed to justify a man in withdrawing himself
from business. Even in those towns in which
the Dissenters may form the majority of the
Liberal party, it will he found that the richest
and best educated individuals belong to the Este-
blished Church. The generality of Dissenters,
too, in Scotland are Presbyterians, and their
doctrine and discipline is that of the Established Church.
But in proportion as sects approximate to each other is
the difficulty of keeping rich men in a state of dissent.
Fashion in this country is more poeverful than sectarian
distinctions. Dr. Cooke, in his evidence before a
I 1 Committee of the House of Commons, observed that it
was a common saying, that when a men first ceene to
Bollixes lie was 01 the old light ; when he was able to
keep a one-horse chaise he because a new light, and
when he could keep a eatrioge he: went over to the
Established Church. In England, we also see the
rich Non-cons and Quakers gradually creep into
the Church. Thus the G urtic%) s, Barclays, &c.,
among the Quakers, for iastence, became Church-
men. The descendants of the Presbyterians in Eng-
land are now mostly in the Church. Scotchmen
in England cling to their own Church only so
long as they ate poor ; and their children, like Mr.
' Gladstone, often distingui,li themselves bv the fervour
with which they oppose the discipline of that Church
which has done more to rouse.a nattily and independent
spirit into the great body of the people than any other
Chu! eh in Christendom—the Church of John Knox
and Andrew Melville. Whatever may I e our feelings,
these tendencies (meta not to be overlooked. The Dis-
senters of Soothe:id are aware of these things. They
know that if they were to attempt to return only Dis-
senters to Parliament, they would fail miserably, and
that the consequence would be to give the representa-
tion of Scotland to the Tories, which would be to de-
prive themselves of ail political irapoitance. All
Liberals should set their faces against currying re-
ligious sectarianism into potties. L: .‘t them stand on
the broad ground of civil and religious liberty—neither
demanding religious tests, nor submitting to them.

( From° the Morning A dverils,r.)

Mr. Ferguson, the Member for the Kirkaldy district
of burghs, died yesterday morning, at his house its Port-
land-place. The llon. Gentleman hail always main-
tamed Ilse character of an honest, a feel less, and con-
sistent supporter of the class of principles of which Mr.
Charles Fox was so long the able and distinguished ad-
vocate. Of late he took no prominent part in political
questions, owing partly to the state of his health, which
had long long been so delicate as to excite the appre-
hensions of his friends, and which latterly assumed an
aspect whicli kit uo room to hope for his recovery.
Mr. Forgusen's deaths occasieee et eee?s, eaeency
in th„ „rreseetatiee of the Kirkaldy district of burghs.
Tee cannot he a doubt that the future representation
of these burghs will he cestesesel. I._!s!,e e eight .-artrya
have elapsed, we shall hear of two candidates having
started--ethe one in the Tory, and the other in the Libe-
ral interest. Our Scottish friends will remember the court-.
sel we so earnestly tendered them on repeated occasions.
some months ago, as to the course they ought to puessue
whenever a vacancy should occur in the representation
of that country—especialle when it sliculd happen in
the large towns, or in districts of burghs. That advice
was to merge for the moment all political considera-
tions in the infinitely more important interests involved
in the Non-intrusion question, and to vote for the can-
didate who would pledge himself to aid in the rescue of
the Church of Scotland from the clutches of the Courts
of L tw. That advice we now repeat to the constituency
of the Killtahly burghs with all the earnestness which
can arise from a deep conviction of the unspeahle mo-
mentousness of the question at issue. Let, then, we
say, the issue of the expected contest for the representa-
tion of Kirkaldy hinge entirely on the course Use can-
didates shall severally be prepared to adopt on the Non-
intrusion question. If it should so happen, which is in
the highest degree improbable, that br.th candidates
belong to the Intrusionist party, there let the friends
of the Church immediately start t third candidate of
their own principles and secure .nis return. If it should,
on the other hsnd, happen, which, however, is not very
likely, that both candidates arc decided Non-intrusion-
ists, but opposed to each other in politics, in that case
the Tories will prefer the man whose political principles
are in eceordance with their own ; the Liberals will,
of course, give ant qually hearty support to the candi-
date of their political views, and will, we hope, sue-
eetd in achieving his triumphant return. Let each
party prove true to their political principles, so long as
ti,ese do not clash with the higher and snore urgent
claims of religion. But should the contingency which
we anticipate actually occur, namely, that of a Non-in-
trusionist and an Intrusionist candidate,:tten let the Li-
berals most cordially support the forreee, even should he
be a Conservative, and let the Te"sies support him with
a corresponding zeal should 'tie chance to he a Re-
former. Let, in one word, the great test of a man's
claism to the representatien of the Kirkaldy burghs be
his williugness or other ise to commit himself entirely,
and tvitlmut mental reservation of any kind, with the
destinies of the anti-patronage party in the Church of
Scotland, in their present struggle with the civil power.
We shall watch the progress of the expected contest
with the deepest interest, and look forward to the issue
with the most intense anxiety.
(From the .31ornifzg Herald.)
The result of the Coroner's Jury, which sat upon the
bodies of Joseph Simpson and William Dawson, the two
' men who were killed by the collision which happened
at Harrow, on the London and Birmingham Railway,
on the 12th ult., was stated in our report of the pro-
ceedings yesterday, by which the public were apprised
of the Jury having returned a verdict of wilful murder
against Simpson as to tho case of Dawson, and of filo
do
had
et:::liorotroe:
sc in Simpsen's case, with a deodaud of 2,0004
upon the engines and tenders which moved to the afore-
said deaths. The Coroner and Jury deserve the ptibl',e
thanks for the great care and pains which they too)s to
investigate this lamentable case—one of the worstoefatshees
of railway homicide, as to the unaccountable reckless-
ness of conduct by which it was occasioned,
short period
many which have within a comparatively
of time excited and alarmed the public mind. There
have been other railway accidents h were attended
with a greater destruction of life, tut we do net re-
collect any in which the misconduct that immediately
oetrhi
anenqaduci ttrsiei,eoa
jfvuersh:s:oliiticuilda, utterlyrespecting a d desperately‘v
hi
eh t
the
wanton.
a higher Court whetheproseerlye
With regard to the regularity of the proceedings of the
taken, not. very likely
been separate inquests on each of the bodies, and sepa-
rate inquisitions returned. Wc think flint objection. if
to
prevail,
b:::::e7jreuroyf have
tl m
become
en-a2tuonshtainvie
severed the two cases by their verdict, which make
b it
substantially the same as if separate inquests had
der
such
taken. Besides, the two deaths ha
sire: instances as made it impossiblestaonienqLe
of
the
one without hearing evidence at the
cause of the other. It may appear. strange to
istodlm.ifa:
epeortsaoinntathaadmeannyshinotueled
ne-
cessary that a man in
end to own life to constitute
intentionally puts
an
The committal of a malicious and
by his reckless and foolhardyo u tnibentucio;f:nd:tileLtuslit:Cu'nl;;:lisnii teil
bleilt:l'SriwsnotiVClD:Olnyt
and
him a kw ee se.
he
consequence of
tivlob
ell iski
eisde,isdeath,L, y
amounts to
lf
Cororusr's
unlawfully attempting to kill another by di s.
utnhe same
at thing in ; for instance, if a
charging
person,
unlawful
ginaactg,
d to return a verdict. of setteaturder, if
the bursting of the instrument of death,
aie own unlaw-
ful act, though not intending to slay hisseeef, was cm_
they believe that the person so slain by
pos. mentis. In the "official account" of the eollisime
-on the London and Birmingham RaKwav,
Jury are beinti
we saw 04e
spirit of the age" its the cold and dry announeeue est,
that very little injury was done to tho ctigitws ; js if
men shere human life was toueerrisd that, was
made a prominent subject of self-gratirlatesn wieh the
authoritie s. A deodand of 2,000/. is, however, a. serious