The Sun.
London, England, 1840-12-07 00:00:00

EVENING EDITION.

FATAL ACCIDENT ON THE BIR-
mtv3IIAQ AND DERBY RAILWAY.

BIRMINGHAM, SATURDAY EVENINO.—The Coroner's in-
quest on the body of the unfortunate man, Richard Black,
who met his death on the Birmingham and Gloucester
Railway on Wedneaday evening last, commenced yester-
day, and terminated this morning, as will be seen by the
following abridged report, in the committal of two men
for manslaughter. But subsequently Mr. Marson, one of
the under-contractors for the repairs of the line, was also
committed by a Magistrate to take his trial for negligence
in allowing an obstruction on the line, contrary to the pro-
visions of Lord Seymour's Act. The proceedings were
opened at the Swan Inn, Nether Whitacre, near Coleshill,
where the body of Black now lies.
Mr. G. C. Grecnway, of Warwick, in the absence of
Mr. Whateley, presided as Coroner. The Earl of Ayles-
ford, who resides in the neighbourhood, wa-,, present and
took great interest in the proceedings.
The first witness was William Pouliot., guard on the
line, who deposed that he was with the down-train which
left Birmingham at half-pest live o'clock on Wednesday
evening. They arrived at Celcsiiill station at twelve mi-
nutes past six o'clock, being five minutes Lehind time, and
on reaching Orgrel's-end Bridge, near Whitacre, they
came in contact, as he subsequently ascertained, with a
small truck on the rails. The concussion detached the
engine and tender, which went off the line of the railway,
and two of the first carriages, which were of the third
class, were turned over upon their sides. The remainder
of the train consisted of second class carriages and one of
the first class. These kept on the line and ran on about
thirty yards. The deceased, who was riding in ono of the
third class carriages, was pulled from under the engine
quite dead. . The stoker, whose name was Atkins, had one
et his legs broken, but the engineer was not hurt. An-
other man, named Naylor, was much bruised, and was lying
at a farmhouse in the neighbourhood, It et as moonlight.
There was nothing in the way that they could see. There
were no luggage waggons attached to the train. The truck
was used by the plate-layers for the purpose of carrying
materials along the line.
By the CORONER—T'ue truck wa; certainly not in its
proper lace when the train came up, for the train was
due and behind time. If the men bad seen any way quick
.hey might have turned the truck over, and got it out of
We way before the arrival of the train. It was usual to keep
trucks-on the rails for the purpose of repair, and when the
train arrived to throw them off. But be did not ace that
there was any necessity for having a truck on the line at
all at the time the accident occurred. The men were not
required to work on the railway longer than dayl;glit. He
never sow any men at week on the Rue after dark before
that night. Men were stationed along the nine at every
part which was considered in any way to be dangerous.
Whenever there was any thing vviong, a norm was placed
with a signal lamp. There were a's) inspectors, whose
duty it was to take care of certain lengths of the line.
Helcould not tell whether there were any inspectors be'
tweet: Colealnll and Whitacre the night the ace:dent re-
curred, but he knew there was one stationed at Coleshill:
The deposition of Somers ille, the erginc-driver, was to
the same effect as Poulton's.
Mr. John Burkinshaw was then called, and deposed
that he was resident engineer and manager of the Birming-
ham and Derby Railway, and stated that the men were
only required to work on the line during daylight, except
in cases of real necessity, when proper signals would be
placed at equal distances along the line, one at each side
where the party was at work. The truck which caused the
accident had no right to be on the line, nor web there any
necessity for it.
Mr. Stevenson, the contractor, was examined at great
length, with a view to corroin rate the statements made by
Mr. Burkieshaw, and exonerate the Company fram all blame.
It appeared that on Wednesday morning Mr. Stevenson
directed Mr. Marscn, who was in his employ, to send a
letter for him to Tamworth : and that for the purpeve of
doing the journey quickly, Mr. Marson, without any order
from Mr. S7evenson, sent two man in a truck eith the let-
ter in question.
Lord Aykstord—l wish to ask Mr. Stevenson whether
he knew there was to be a truck taken up last \Vcdnesday
night from here to Tamworth? Witness—l di.!, my Lard.
Lord Aylestord—Who.went with it?
Witness—Mr. Marson, my Lord, will explain that bet-
ter than I can. I wished to have a message seat to my
clerk at Tarnwotth on Wednesday morning, and intrusted
it to Mr. Marson to have it forwarded with' all dispatch in
the hope of catching the train, and a note was forwarded
by one of the trucks. I did not know the men who took
it, but Mr. Marson does.
In answer to questions from Mr. Carter, witness said
that if trucks were used for other purposes than the work
of the Company it would be a breach of the regulations,
and that the note he sent was not connected with the
work of the Company.
CORONER—Did you direct bow the note should be sent ?
Witness—l did not. I was not aware that it would be
sent in this way. The note was sent at twelve at noon,
and I understood they did the distance in about half an
hour.
A great deal of evidence was then given, from which it
appeared that Mr. M trson ordered the two men named
Barber and King to take the truck to Tamworth, and that
he accompanied them six miles on the road, when after
giving them the letter to carry forward, he left them dime.
tions to be very careful as to the trains. They remained
at Tamworth a considerable time, and on their return they
were warned by a policeman at Kingsbury, at 2A miles from
where the accident occurred, as to the probable arrival of
the trains, when they replied to the effect that all was
right, and were fully prepared to remove the truck upon
the approach of danger. It so happened, however, asea
cording to their own statement, that when in the act of at-
tempting to remove the truck the train came in 'clean them,
and the accident occurred, by which Black lost his life,
The inquest adjourned at balf.past seven o'clock,
Saturday morning elle Jury met at 11, en] Coroner
proceeded to hear the evidence. Ile observed that after
hearing a great quantity of evidence, no blame appeared to
Attach to the Company, but rested entirely upon the con-
tractors' department and the two men in charge of the
truck. As it regarded Mr. 'Matson, the. evidence he
thought was not sufficiently strong to justify a verdict o
manslaughter, but he had little doubt if acquitted by tb,
the case as it affected him would be met in another avay.
The Jury then, after some consideration, returned a ver-
dict of manslaughter against Barber and King, the two
men with the truck, and the Coroner committed them e
take their trial for that offence at the neat asie.zas for the
y c'Cfar\t‘e.arr,wick
Mr. addressing Lord Aylcaford, then said that
beo u
was instructed on the part of the Railway
Dire
c
state that they were determined to prosecute Mr. Directors
ssotiot
under Lord Seymout's Act for negligently placing an ob.
struction on the trams of the railway.
Lori Aylesford said that, as a County Magiateesae, he
was prepared to hear the charge.
The evidence, as it affected Mr. 'Maraca, and already
summarily stated, was then gone into, and at its conclusion
Lord Aylesford said he felt bound to commit the prisoner
to take his trial at Warwick. lie accordingly conintitted
him, but Mr. Matson subsequently procured bail to answer
the indictment to be preferred against him, and he was die,
chargi d out of eustot2y.
Black was not a horsekeeper intliriningham, but was
brought up as a braisfounder. Owing, however, to the
badness of trade, he had obtained a situation as assistunt
to Mr. Wilcock, one of the Company's engineers, now em-
ployed in surveying the new line from Tamworth to I3ir-
mingham. Naylor, who, it is greatly feared, will not re-
cover, ids in tile same service. Both of the unfortunate
men had been employed driving upon the survey of the new
line near Coleshill, and were on their return home to their
families at Tamworth. Mr. Wilcock, their employer, was
in the first class carriage, and escaped unhurt, He was
the first to identify Black, whom he found lying under a
carriage, with hi; head dreadfully crushed. Naylor was
lying under him saturated with blood from the head of his
unfortunate companion.

CORONER'S INQUEST.

An irquest was Lid on \VTdriesday last at the Queen's
Bench prison, before Peter Le Pepe, E. 41 , Coroner for
the Crown, on view of the body of Ctiarics More
Ulli-
thorn, Elq., solicitor, of Red Llon-squarc., a gentleman
highly connected and much respected, sho died in that
prison on the day preceding.
Mr. Hooper, a surger-_,,,, on being examined, said—l
was called in yesterday fortnight, and found the deceased
in a very excited rt.ie of mind, and he complained of a
pain in the right side. His mind was in a very wandering
state. I should say chronic disease hating existed so
many months, had so brok, n down his physical powers,
that any excitement of the mind (particularly imprison.
n.ent) would tend to aggravate the disease, so as to cause
d ath. I never saw him take any spiii:s or stimulants be.
yc nd what I prescribed. lie had symptoms of dcliriuta
trtmsns, which is produced by mental excitement• This
wi.s one of the causes of his death, and this can be pro-
&lced without the aid of spirits on a week and impaired
mind,

In reply to questions from the Jurors, Mr. 1100 l c: said
he had some experience as a surgeon in that I"i'un ' and
found that going through the Insolvent Dc.btorst Court
c. u al g cat excitement, and produced, ill many instances,
what was called within the walls, the " schedule fever."
In the present instance, he believed the cause of death to
have been a diseased liver, occanioned by imprisonment.
Francis Howlett deposed that he had been clerk to the
deceased for eighteen years. The deceased had been im-
prisoned about two months, and for some time previous to
his being taken in execution, and since, he had expressed
much anxiety oil account of his liflairs.
Mrs. Searle said she attended the deceased during Ids
imprisonment. Ile was often much excited, more at one
time than another. He often complained of :he noise and
singing of Boatswain Smith over his head, and she thought
this aggravated his symptoms verb much. On the Sundayet
(the day before his death), he was pal ticularly annfoiy, danl
the noise, and jumped out of bed in eonsequieinsesehuoit. t
paced the room, in a very excited state, in
prison, deposed
James Clegg, an under turnkey
went up to
Boatswain Smith's room, by desire of
to
sing or make a
that on the evening of Sunday, Noov.f0:3110:1-rh.
he went
th
head turnkey, and requested
noise in consequence of the
he ( Smith) replied, I
state underneath hint, upon
which
that would not have mails,
have left off for the night, but
any difference if I deceasedhir
being in a dying
bad directions from the Marshal
Juror —Had
rrtieular night ?
I , told so when I was sent to him.
Nvi n ss-- --.asSmith • any more than you
Did Mr.
to request Mr. Sl‘linrith not to sing or make a noise Oil this
j,,:or--
have state I ?
wit„,s3..._l7es ; he said what does it signify if a titan is
dying:s being the whole of the evidence, the Jury, after a
fo%l:ihillinutes' deliberation,aasc returned the following verdict :
_,, That the ct d Charles More Ullithorn died a na-
tural deatfi, which was accelerated by very great menta
anxiety, produced by incarceration in the Queen's Bench
prison for debt, upon a constitution already impaired by
diseased liver and chronic inflammation of the kidneys,
and that the noisy and fanatical singing of Boatswain
Sinill, a prisoner in the same staircase with deceased, em-
bittered his last moments, and the Jury cannot separate
without expressing their deep regret at the unchristian and
11,)pocritical c(iZatiet of the said Boatswain Smith."