The Sun.
London, England, 1870-06-21 00:00:00

FATAL RAILWAY ACCIDENT

On Saturday night at the Greenock terminus of the
Greenock and Ayrshire Railway, Henry M'Culloch,
engine driver of a passenger train, stepped on the engine
buffers, for the purpose of uncoupling the carriages. He
lost his balance and fell on the rails, and the train which
was in motion passed over him, completely severing both
legs below the knee. He died in the hospital on Sunday
morning. Deceased was a native of Kilmarnock. He
leaves a widow and a child.

The adjourned inquest on the bodies of the two men,
Bradley and Parsons, who were killed by an explosion
of gas at a colliery at Hasland, near Chesterfield, was
concluded on Monday. The evidence went to shew that the
men had no business where they were, and that whilst
they were at work they were frequently told to come
away. Bradley had a safety lamp, but Parsons only a
naked light, and from this latter light the gas took fire
and exploded. A verdict of " Accidental death " was
returned.

Mr. Vincent Portilla, the first Spanish-Mexican
who has ever been entered at an English University, has
just gained a scholarship at Emmanuel College, Cam-
bridge. Mr. Portilla was educated at Bruce Castle School.
COMMEMORATION AT OXFORD.—The Commemora-
tion Week at Oxford has begun in the most brilliant style,
and the city has seldom been fuller than it is at present.
The entertainments began in advance ; a concert taking
place on Saturday. Yesterday the railway authorities had
more than enough to do to accomodate the numerous pas-
sengers. The Marquis of Salisbury, the Chancellor of the
University arrived, and a levee was held, which was well
attended.

-------
BELHAVEN PEERAGE,—We understand that the
long litigation with reference to the succession to this
ancient Scotch title has resulted in judgment having been
given on the 14th instant, in favour of the claim of
Lieutenant-Colonel Robert William Hamilton (late of the
Grenadier Guards), to be served heir male to the late Lord
Belhaven and Stenton.— Post.

Her Majesty's guests at the State breakfast at
Windsor on Friday are to be conveyed free of expense
fro_n Paddington to the Royal borough in three special
trains, which will leave London at short intervals
between three and four o'clock on Friday afternoon, so
as to reach Windsor before the hour fixed for the break-
fast.

THE LATE UNIVERSITY BOAT RACE.—A contri-
bution amounting to £12195. 3d. has just been handed to
the National Lifeboat Institution by Mr. Robert B. Wor-
maid of Bell's Life, being one moiety of the surplus fund
arising from the hire of a steamer by the gentlemen of
the press on the occasion of the late boat race between the
Oxford and Cambridge Universities ; the other half of the
fund having been generously voted to them by the News-
paper Press Fund.
BALLOON DISASTER AT DERBY.—A balloon acci-
dent occurred yesterday at Derby to Mr. Coxwell's balloon
Express. A fete was held in the Arboretum, and the
balloon in ascending dashed against the trees. The five
persons in the car were rescued, but the crowd, who
wished for a local aeronaut, attempted to destroy the
balloon, and Mr. Coxwell was illtreated. The police had
a struggle with the rioters, who pelted them with stones.
The Grand Jury at Richmond, Va., have indicted
Ex-Mayor George Chahoon, of that city, for forgery. He
is charged with two Ex-Confederate officers with having
conspired to defraud the State out of 7,000 dols. due the
State from the estate of one Hornstein, deceased, which
money, it is said, they have appropriated to their own use.
Mr. Chahoon was arrested and released on 10,000 dols.
bail.

DEATH OF A PROMINENT POLITICIAN.—Jonah D.
Hoover has just died at Washington, aged forty-eight
years. He was Marshal for the District of Columbia
under President Pierce, and previous to the late war was
well known in political circles throughout the country,
both as President of the Jackson Democratic Association
and as a member of the national committees and delega-
tions. He had been in bad health for the last ten years,
and was personally highly esteemed by men of all shades
of politics.

RAILWAY COMPENSATION.
The Select Committee appointed to consider the state
of the law with reference to the liability of railway com-

Fillies to compensation, resumed its sittings on Monday,

. -
when Baron Martin and Baron Bramwell, of the Court

of Exchequer, were examined. Mr. Headlam,
the chairman of the committee, addressing the judges,
said : Baron Martin and Baron Bramwell,—The House
of Commons have directed us to inquire into the

state of the law respecting the liability of railway com-
panies to give compensation in case of accident to

passengers, and in the course of • that inquiry they have
had before them several gentlemen representing the inte-
rests of railway companies. They complain both of the theory
of the law and of its administration. We have, therefore,
thought it right to obtain the assistance of judges, like
yourselves, of the highest experience, to assist us in the

inquiry.
The learned judges were then examined at great length
in respect to the several points raised.
Baron Martin said that unless there were some special
provisions in Acts of Parliament
_to the contrary of

which he was not aware, the liability of the railway
companies was regulated by the common law of England.
With respect to the carriage of goods, the common law
of England makes it incumbent upon public carriers to
carry all goods that come to them, but there is no such
liability by the common law to compel them to carry
passengers, and in point of fact he was not aware that
there was any absolute penalty if they refused to carry
passengers. They carried passengers in the-same way as
any other people seeking to make money by business, and
consequently they sought to carry as many passengers as

they Could.
Baron Bramwell said that the idea of the companies was
that they could not get rid of their liability to carry pas-
sengers, and therefore to pay them compensation for
injuries ; but he agreed with his brother Baron Martin
that they might refuse to take them altogether.
Mr. Headlam pointed out the difference in the value of
certain lives, and asked whether it would be in the power
of the companies to refuse to carry persons whose lives
were very valuable, except at an enhanced fare.
Baron Martin said that would be illegal. It would be
legal to charge them up to the extent of the maximum

fare, but they were all re-strained with respect to the fares
to be charged to each class of passengers, and therefore all
they could say was "We cannot take you." They could
not say, "We will only take you if you pay twenty times
the amount of the fare." The ordinary mode of performing
their duty was to say, "We won't take you at all."
Baron Bramwell : My notion is that they could not re-

fuse to carry a passenger, but they might say to every pas-
senger, " If we carry you at the ordinary fares we will
not be liable for any accident." I don't know anything

that could prevent their doing that, seeing that they are
not bound to carry at all.
Baron Martin said that if they were called upon to give
an authoritative opinion on the subject they ought really
to have some little time to consider it, because he had

great doubt as to whether a company could say that they
would carry a passenger,. but that whatever occurred on
the journey, under no circumstances would they be re-
sponsible. In fact, it would be repugnant to the spirit of
the contract. He would rather not answer the question
without consideration.

The Chairman pointed out that the Act for the general
regulation of traffic in 1854, known as the Railways
and Canal Act, included not only goods but passengers.
Baron Martin said that they could not, under the com-
mon law exonerate themselves from all liability. The
general Act requires that they shall make arrangements
forreceiving and forwarding the traffic without unreasonable
delay, and that included passengers.
Baron Bramwell said that it appeared to him to be
really a question of contract. A man taking a railway ticket
made a bargain between himself and the company that
they would each conduct themselves with reasonable care
and diligence in the matter, and if he came to harm on
the journey, the bargain was broken by the company.
The Chairman said that railway companies thought it a
hardship in the law that they were made liable when there
was no fault on their own part,and where there had been no
positive negligence, and he put the case of the injustice of
making the master of a private carriage liable for injury
caused by his driver, when he had taken the very best
means he could to get the most careful driver.
Baron Martin said that that was a question involving
the general law of master and servant, which law was
as old as any in the country, and it was a well-established
principle of the law that a master was liable for the neg-
ligence of his servants.
Baron Bramwell said that if his servant was driving
him in his carriage and caused damage to another,
he would be liable, because he was driving
him as his servant, and he had a right to
control him, and tell him whether to drive fast
or slow, but if he hired a cab the cabman was not his
servant in law, and if he told him to drive so and so h e
might say thathe would drive fast or slow just as he pleased
so long as he was within the limits of the law. The result
was that if he was riding in his own carriage he was
liable, but if he jobbed a carriage or a coachman
or a day the rule did not apply. There
did not seem to him ;to be any sound principle in
that, and it seemed to be a relic of the old Roman law in
which the servants were really slaves, and consequently the
master was liable for their acts just as he would be for the
damage done by his cattle in trespassing. It was quite
certain that if a coachman, in the absence of his master,
chose to drive his fellow servants out for a treat and in-
flicted any damage either on them or anyone else, the
master was not liable.

Baron Martin : The master is not held liable criminally
at all in the case of an accident caused by his servant, but
if he sat on the box of the carriage and encouraged him to
drive furiously he would be.
Baron Bramwell said that he was a railway shareholder
himself, and might therefore be supposed to be in their
favour, but his opinion was that it was a matter of bar-
gain between the passenger and the company, and there-
fore no hardship could arise. He should have no objec-
tion to the liability itself provided that none but honest
claims were made ; but lie objected to a liability involving
dishonest claims, and very often foolish and dishonest
verdicts ; and therefore the railway shareholders asked
that they should not be held liable to any damage arising
from negligence, because if they were, all the rogues in the
train would be bringing actions against them. He thought
whatever rules the companies made the general law would
render them liable ; but he thought that the suggestion
made that the railway companies should be allowed
to limit their liability by way of assurance was a valuable
one.

Baron Martin thought that the public would have no
right to complain of such a provision as that of being
called on to pay for assurance, and that the com-
pany should not be held liable to damages beyond the
amount assured, but he thought that in practice in every
instance the companies would be held liable to pay the
highest amount. He did not think that so far as his ex-
perience went the injuries of railway passengers were
fictitious. In most cases in which claims were made they
had sustained some injury, though they might be exag-
gerated. He believed that in case such an altera-
tion were made the highest damages which could be
would always be given, and it was for the railway com-
panies to consider whether they would gain or lose by it.
Baron Bramwell thought that it would be perfectly fair
to limit the liability in that way. There were now few
cases of culpable negligence, but they were extremely
rare as was proved by the fact that very few persons
had been found guilty of manslaughter in consequence of
such accidents.
The learned judges were then examined as to the ad-
ministration of the law, and
Baron Martin said that it was not likely that seventeen
judges would come to a unanimous opinion as to the precise
manner in which the law should be administered, but he had
always endeavoured to keep the damages down to a
moderate amount. He could not call to mind any one case he
had tried in which he thought the damages were outrageous.
His brother Bramwell's- experience also was that taking
into consideration the nature of the cases he had tried, his
impression was that assuming the cases to be really genuine
the damages were not excessive.
Baron Bramwell said that not only did he not consider
the damages awarded too excessive, but he had in many
cases been rather surprised at their moderation. He
thought, however, that the railway companies were very
unwise in having the cases tried by special juries, because
as they always gave their verdict according to the value
they attached to their own lives and limbs, it was likely
that they gave much higher damages than ordinary jury-
men would give.
Baron Martin said that he thought extreme dama/•es
were given, from the example set in the early history of
railways, when there was a general impression on the
minds of the public that they were going to be extremely
profitable undertakings. He thought it very desirable
that there should be an inspection by the Board of Trade,
and that a commission should be issued establishing a par-
ticular court in which to try railway cases. There was no
doubt that a certain class of attornies and doctors made it a
business to get up these cases—at all events he had seen
the same faces very frequently. He was also of opinion
that there should be a medical man attached to the court,
perfectly independent both of the railway companies and
the passengers, who should give their opinion as to the
condition of the passenger and the effect of the injury.
Baron Bramwell also concurred that in the large
majority of the cases they were real, though they might
be a little exsggerated, and the amount of damages was
not excessive.
The learned judges then retired.
Sir 0-. Watkin the chairman of the South Eastern was
then examined, and stated that the compensation given in
cases that were suspected not to be genuine was very
great, and the cost bore the proportion of 20 per cent. to
the damages, of which 12/ went to the lawyers and 7/ to
medical men. He complained that the railway companies
were subject to having actions brought against
them a year or two after the accident, and
when the opportunity of making inquiries into
the merits of the case was lost. No claim
should be allowed to be entertained in cases in
which notice had not been given of the claim within a
reasonable time. He approved of the suggestion for the
establishment of a separate court for the trial of these
cases.
Mr. Laing, the chairman of the London and
Brighton, was also examined, and expressed his
opinion that if some limitation were placed on
the cost to which railway companies were put to, the
public would get the advantage in cheaper fares. He did
not think it would be advantageous to the railway com-
panies to assure, but it was a concession which they
would have to make. He was in favour of arbitration as
a means of settling such claims.
The committee adjourned at four o'clock.

A large number of the Metropolitan police have
donned the new helmet, The comb or ridge at the back
of the old helmets is no longer seen, and the new one,
which somewhat resembles the helmet of the Prussian
hat minus the surmounting spike, is, as was predicted a
few weeks since by a member of the House of Commons,
suggestive of a cocoa-nut.

SPIRIT OF 'I HE PRESS.—Tms MORNING.

LORD RUSSELL AND THE COLONIES.

The Times observes that the purport of Lord Russell's
criticism on the colonies was that Canada had been
neglected, but Lord Northbrook showed that aid was still
given abundantly—more so, indeed, than we should be
prepared to defend. Lord Northbrook, indeed, and sub-
sequently Lord Granville. took the right line when they
spoke of the numbers, the zeal, the growing national and
military spirit of the people of the Dominion. Sooner orlatei
every British soldier must be removed from the Americas
continent, and we must cease to expose a few thousands of
our troops to the armies of a nation of forty millions. In
this determination there will be no faltering on the part
of any House of Commons ever likely to be elected.
Whether the withdrawal be completed this year or the
next will depend on the progress of the Dominion to the
full organisation of its resources. But a State of
4,500,000 souls, rapidly increasing in population, with a
marine equal to three-fourths of that of France, and
with 70,000 seamen on her lakes will not need the
military driblets which a distant European country can
send over the sea.

Once more, and let us hope for the last time, says the
Post, the irrepressible Colonial question has been formally
raised. Lord Russell moved an address to the Crown
praying for an inquiry as to the best means of guarantee
ing the security of the Colonies, whatever that may
mean. Rendered in other words, the resolutien would run
thus—The Colonies have expressed their contentment at
the treatment they have received. Their expressions
leave no doubt as to their loyalty and attachment to the
old country. Therefore, let us seriously inquire hoNi
we may preserve the connection and best protect our de
pendencies. Be Lord Russell's motives or objects what they
may, it is satisfactory that the discussion was of a charactei
calculated to lay the ghost of this question finally. He
will be a bold and not a very judicious man who attempts
to introduce the subject of supposed colonial mismanage
ment to the formal notice of Parliament. Canada has nc
reason, and she does not herself shew that she has any de•
sire, to object to the policy under which she is about tc
become a powerful and prosperous country. New Zea•
land, now that the fright in that colony is over, will be
found to be satisfied with her position and treatment.
The Cape as yet is apparently not quite reconciled to the
removal of the Imperial troops, but that colony will also
come to admit the desirableness as well as the necessity
for the thorough application of the colonial policy that has
been deliberately, not rashly or hastily, determined on
and approved by the people of this country.