The Sun.
London, England, 1848-01-18 00:00:00

away. On that night her boy Jem went out I understand he leaves a wife and four children. I
with the prisoner, when he was going, saying he ' suppose it was from five to eight minutes after the
should go to see him a little way home. On the fol- luggage train was seen before it was into us.
lowing evening Miss Turfit came to her house to tea, By the Foreman—l have no doubt that the red
and at that time the watch was safe, but in less than I light was capable of being seen if the driver and the
ten minutes after she was gone it was missed, and I stoker of the luggage train had been on the look out.
having no doubt that she it was who had taken it, I had no means of judging whether the luggage train
she gave her into custody on the following day, and had slackened its pace when I saw the lights the
her conviction and sentence to six months' insprison- second time ; I thought' it had stopped when I got
ment followed. The testimony of this witness was into the carriage a second time, or I should not, of
proceeded in to considerable length, and from her course, have resumed my seat. The train I was in
further statement it appeared that though she had seen consisted of six or seven passenger-carriages, a truck
the prisoner while the young woman was under next the engine, and a truck, or guard's van, in the
examination at this Court, and on the day of her rear.
commitment for trial, he had not disclosed the fact Re-examined—l saw that Brovynsmith had a light
of her innocence, though he must have been in his hand when he left our
"train to meet the
thoroughly convinced at the time that her son had luggage train ; but I did not observe whether it was
taken, and he had disposed of the property, and it a red one.
was not until the day of Turfit s conviction at the Mr. Behan, of Southampton, a passenger by the
Old Bailey that he had acknowledged the guilt of her train, had, like the last witness, resumed his seat in
son " Jem.' She further stated, that she was cer- the carriage when the luggage train ran into them.
thin, both from his own character and the disclo- The witness said he felt a sensation as if the carriage
sires made by her son since his conviction (a part behind him was lifted up. He was thrown forward
of which was, that he had received only five shillings violently tes
, but escaped unhurt. It was na very clear
out of the money received for the watch and chain) night, but sufficiently clear to perceive a light at a
that the prisoner had induced her son to commit the considerable distance.
offence. Mr. William Young—l am assistant-superinten-
In reply to the Magistrate, the witness said that dent of the South-Western Railway. I was travel-
she heard something said by her daughter about the ling by the train in question on Friday evening, and
confession of her son's guilt, before she gave him into when it stopped I got out. I saw the head guard
custody. Mrs. Ward further said that it was her in- (Whiting) and the engine-driver (Markland). I
tention to have given the prisoner into custody as inquired whether the accident would detain the train
well as her son, but as ;he had stated he had given long, and the deceased replied that it would not.
her son the whole of the money he received for the Brownsmith was sent back to stop the luggage- train,
property, and as the officer did not think it necessary and I assisted in holding a light to the deceased and
to take him she did not persist in her original inten• the stoker (Calvert), while they.were under the en-
ine making the necessary repairs. The deceased
tion. g
A little girl,' the daughter of the last witness, tor- told me I had better send for a pilot engine, and I
roborated the statement of her mother as to the pri- sent off a platelayer to Woking for that purpose. We
soner seeing the watch the night before it had been had been waiting twenty-five minutes, I suppose, be.
stolen. fore we heard the noise of the advancing train. It
Mr. F. Pate, a shopman to Mr. Sangster, the stick- must have been a quarter of an hour or 20 minutes
manufacturer in Fleet- street, deposed to having pur- previous to that that the under-guard (Brownsmith)
chased the watch and chain alluded to from the pri- had been sent back with a light to stop it. The
soner, on the 16th of October last. The prisoner usual red signal lamps were attached to the last
told him he had got it in exchange from one of his carriage of our train. When I heard the train ap-
customers. proach I requested Mr. Ward, a pay-clerk at the
Mr. Wenman, the prisoner's father, was the next Nine-elms station to run down the line, and
witness, and after the oath was adminstered to him he did so. I followed him. I got some little
in the usual way, the prisoner objected to his evi- way down the line, and then heard a shouting,
dence being received, on the ground of his being an and then the whistle of the approaching loco-
Atheist; but this the father solemnly denied, and motive. The luggage train went by us; it was
after the exchange of some angry expressions between going at a great rate. I will not undertake to say at
father and son, the former identified the watch and what speed it was going. I was about fifty yards
chain produced as his. from the passenger train when the luggage train ran
The prisoner entered into a lengthened statement in into it. The deceased was killed by the collision.
his defence ; said that the charge was brought through The train was due at Woking at eight o'clock ; it was
mere spite and malice, and declared that he had sold as near eight as possible when the train came to a
the watch for the boy upon his representation that his stand -still at Frimley ; we were then about two or
mother wanted the money for it, and that he gave the three miles from the Woking station. We were not
much after time. A copy of the printed rules of the
lad the whole of the money.
Mr. ELLIOTT remarked that the evidence before him company was produced by
guard the witness, from which it
proved the fact that the prisoner, when disposing of appeared that the under- (Brownsmith), who
the watch, had given a false account of it, and it was was sent to stop the luggage train, was bound to have
also clear that the prisoner was perfectly aware of the been provided with six fog signals, and to have used
fact that the young woman was perfectly innocent of them. This was not done, Brownsmith haying ad-
the charge alleged against her on the day she was mitted to witness that he had not used the detonating
taken into custody, yet it was not until after her con- signals. The persons travelling with a luggage train
viction and sentence to six months' imprisonment that are the guard and breaksman, the driver and stoker.
he disclosed the extraordinary fact. Mr. Norton had The guard should be in the carriage next the engine;
already taken some trouble in the case, and was ac- the breaksman in a carriage at the rear.
quainted with the whole of the circumstances and he The CORONER—What are the regulations as to
should therefore remand the prisoner for further exa- keeping a look out ?
mination on one of his (Mr. Norton's) days. Witness—The engine-driver and fireman must
Mr. Young, the assistant-superintendent of the both keep a sharp look out forward, and use their
South-Western Railway Company, applied to Mr. breaks and stop the engine:as soon as a signal is given.
Elliott, at the request of the directors, for an order to Every guard, by rule 30, is also bound to keep a
remove the prisoners, Jones and Fleming, in custody good look out, and be prepared, on signal, to apply
on suspicion of causing the death of David Markland, the breaks. William Jones was the engine-driver of
to Woking, so that they might be present at the coro- the luggage-train, and Lewis Fleming the stoker.
ner's inquest, to be holden that evening, to suggest The guard's name was Fortescue, end the breaksman
any questions to the coroner or jury, or make such was William Hudd.
statements as they might deem beneficial to them, The CORONER said it was important that Jones
under the circumstances in which they were placed. and Fleming should be present, either as witnesses in
Mr. ELLIOTT replied that he had no power to give this inquiry, or to hear th 3 evidence that might be
such an order, that authority being vested only in given aflecting themselves. He did not think it right
the Secretary of State for the Home Department. to proceed further until he had made an application
Mr. Young asked if it was likely the governor of urging the necessity of their being present.
Horsemonger-lane Gaol, in 'whose charge the pri- The jury concurred in the view taken by the
soners were, would sanction their being taken down Coroner.
to Woking in proper custody, the directors being Mr. Young, in reply to the foreman, said that
anxious that they should be present to hear the evi- when he saw the luggage- trapproathe eching, the
dence against them. stoker and driver were both standing on ngine,
Mr. ELLIOTT replied that he did not know, but and looking ahead.
Mr. Young might wait on Mr. Knox and ask him the A juryman—Supposing the guard of the luggage-
question. trrin had seen Brownsmith's signal lamp, how would
Mr. Young said he would do so, but soon after he have communicated the fact of the danger to the
returned and said the permission was refused. engineman and stoker ?
Witness—The guard has a signal lamp, and if the
fireman and stoker kept a good look out, as they
ought to do, they would see the lamp, and stop the
train.
It was.stated that a period of six weeks or two
months must elapse before Fortescue would be in a fit
state to be examined.
The CORONER said it would be his duty to adjourn
the inquiry from time to time until the jury had
before them every person whose evidence they thought
to be material.
The inquest was then adjourned until ten o'clock
on Thursday morning next.
(LATEST PARTICULARS.)
Upon making inquiry at half-past eight o'clock last
evening in the accident ward at St. Thomas's Hospi-
pital, the reporter was informed that the unfortunate
man Thomas Fortescue, the guard of the goods train,
had been in an insensible state at various intervals
during the day from the severe loss of blood resulting
from the injury to his arm, and that it was deemed
necessary to delay the amputation of the limb (which
was most fearfully crushed) until he had somewhat
rallied. However, at eight o'clock last evening he
had much improved, and seemed to have rallied con-
siderably.
At the time above-named Mr. M'Murdo, one of the
senior surgeons to the hospital, who had the care of
the unfortunate man, discovered that mortification of
the arm had presented itself, and such being the case,
the removal of the limb was considered absolutely fie.
cessary, as the only chance of saving his life.
The poor fellow readily assented to the operation,
which was performed on the bed in the ward by Mr.
M‘Murdo, who took the arm off just below the shoul-
der joint. Fortescue bore the operation with much
fortitude. The other injuries about his person are
progressing favourably.
At nine o'clock last night he was of course in a
very weak and exhausted condition, and at present he
remains in a very uncertain and precarious state.
The man Thomas Calvert is as well as can be ex-
pected, and is going on comfortably. The former
has a wife and five children dependent on him for
support, and his wife was only confined three days
before the accident, thus leaving the family in the
greatest distress.
1 IThe two house surgeons (Messrs. Hubbard and
Ilartnall) remain in constant attendance on the un-
fortunate men, and the whole of the officials con-
nected with the institution are unremitting in their
several duties.

THE RECENT FATAL ACCIDENT
ON THE SOUTH-WESTERN RAILWAY.
The inquest upon the body of the unfortunate man,
David llarkland, who met with his death under pe-
culiarly shocking circumstances, on Friday evening,
commenced yesterday before Mr. C. J. Wood, the
Coroner for West Surrey, at the Railway Inn, near
the Woking station.
The company was represented by Mr. Dalrymple,
one of their solicitors ; Mr. Stovin, general superinten-
dent of the traffic; Mr. Gooch, superintendent of
the locomotive department; Mr. Beattie, superin-
tendent of the carriage department ; and Mr. God-
son, superintendent of the passenger department at
Vauxhall.
Mr. Games, the solicitor, attended to watch the
case on the part of Brownamith, the second guard,
who was brought up on Saturday before Mr. Elliott,
at Lambeth, and discharged from custody, as there
was not, in the opinion of the worthy Magistrate,
sufficient evidence to warrant his detention.
In answer to a question from the Coroner,
Mr. Dalrymple stated that information of the ac-
cident had been given to the Railway Commissioners,
hut it did not seem that any one appeared on their
behalf.
The CORONER then very briefly addressed the jury
on the object of their assembling. Having stated
such facts as have already appeared in this journal
with reference to the melancholy accident, he went on
to observe, that at this day, when railways had be-
come the ordinary and most usual means of transit
from place to place, and when hundreds and thousands
of persons were compelled daily, and almost hourly, to
place themselves in the hands of railway companies
and their officials, it became the bounden and impera-
tive duty of the companies to take every necessary
precaution, in order to prevent the occurrence of acci-
dents; it was their bounden duty to lay clown certain
rules and regulations for the guidance of their ser-
vants, and it was equally the bounden duty of those
servants strictly and implicitly to obey those rules and
regulations ; and those rules and regulations should be
entrusted only to persons of known character, so-
briety, and trustworthiness. The jury must not imagine
from these observations that he was prejudging the
case, or presupposing that there had been any
wilful neglect on the part of the servants of the
company. He knew nothing of the case beyond
what he had seen in the newspapers. This was a
subject into which the jury would have to inquire.
If the servants of the company had disobeyed the
rules laid down for their guidance, if they had been
guilty of any wilful or culpable neglect, they would
be chargeable with an offence for which they would
be liable to be sent before another and snore compe-
tent tribunal than theirs. That, however, was for
the jury to decide. He did not think it would be
possible to conclude the inquiry that evening, for,
amongst other reasons, he understood that two per-
sons had been examined before the magistrate of
Lambeth-street, and that they had been remanded.
He thought it would be desirable that those persons
should be before the jury, and certainly before the
inquiry terminated he should make application in the
proper quarter to that effect.
The jury then proceeded to view the body of the
deceased. On their return,
The following witnesses were examined :
Mr. David Nicholson, surveyor and builder, of
Wandsworth, having identified the body of the de-
ceased, said—l was a passenger by the six o'clock
train, which left Southampton on Friday evening.
On coming down the inclined plane of the Friinley
embankment, about a mile and a half or two miles
from Woking, we came to a stand-still in conse-
quence of the engine being out of gear. I retained
my seat for five minutes and then got out. It was a
clear moonlight night, and we could see, I suppose,
three miles in the rear. I ascertained that Brown-
smith, the under-guard of the train, had been sent
back with a signal-lamp to stop the train behind us.
I saw the usual three signal-lamps on our train, one
centre and two side lights. I returned to my car-
riage, and, finding that we did not get on, I again
got out and went to the locomotive, the axletree of
which was out of order. I think we had been stop-
ping a quarter of an hour or twenty minutes, when
I saw a white light approaching us at a considerable
distance. Mr. Young told me that this was probably
the goods train, but that the guard was far enough
ahead to stop it. The engine-driver (Markland) was
under his engine with another man ; he appeared to
be driving a pin, connecting the coupling. iron or the
axle. Whiting, the guard, was kneeling down hold-
ing a light to Markland, who was underneath ; the
stoker, who had before been under the locomotive,
had got out as the train was coming. I heard the
deceased say to the guard, " By the time your pas-
sengers are seated I shall he all right," and I re-
turned to my seat. I had scarcely seated myself
when a tremedous crash occurred. I was thrown
violently forward. My lip was cut, a piece. of one
tooth was broken, another was thrust on one side, and
I grazed my knee. We had a great e
preventedpower of steam
on our engine, which may hade-
ceased from hearing the noise of the approaching
train. I afterwards saw the deceased lying across
the rails. He was quite dead. The train, after a short
delay, proceeded on its journey, and was brought to
Woking. The train that ran into us w-:s a long
luggage train, with a great number of carriages. The
. deceased was an old servant of the company, and I

CAPTAIN GLASCOCK, R.N.
This worthy man, and an excellent servant of the '
public, did not, as stated, die of apoplexy, but of
over-work. In fact, his life was sacrificed to his
duty. Just arrived from a three years' command
upon the Syrian coast, he was dispatched to Ireland,
in the capacity of an administrant of the Government
relief last year ; and there he was attacked with
severe dysentery. This, combined with over-exertion
and intense bodily and mental labour, it was which
brought his valuable life to a close, and left a wife and
two female children unprovided for, except by the or-
dinary pittance of an officer's widow. Captain Glas-
cock was a public benefactor as well as a public ser-
vant. His "Naval Officer's Manual" is a text-book in
the navy ; and his naval novels have been the delight
of thousands in this and other countries. In fact, his
life was one act of devotion to the public and private
good of his countrymen and his fellow-creatures. Is
it to be borne, then, in a rich country like Eng-
land, that the children, the female children of such a
man and such an officer, should be left unprovided
for ? When the Pension List shows the sisters of
sub-secretaries of the Treasury, the mothers of peers,
and the sisters of ex Cabinet Ministers, in the enjoy-
ment of the public bounty, is it too much to require
that a helping hand should be held out to the
daughters of one of the bravest sailors and most in-
telligent authors that this kingdom can boast of? For-
bid it, Heaven.—Obserrer.

DEATII OF TIIR EARL OF MORAT.—The demise of
this Nobleman took place at Darnaway Caste, Moray
shire, late on Wednesday night. The deceased, who
was in his 77th year, had for several years been in
delicate health, and having been attacked with the
prevailing epidemic, it became evident he could not
long bear up under'it. The deceased, Francialsos Stuart,
besides his title of ;Earl of Moray, was Baron
Donne and Baron St. Colme; in the peerage of Briton,
1796, Baron Stuart of Castle Stuart ; K.T., Lord•
Lieutenant of Elginshire ; born 1771, succeeded his
father, Francis, ninth Earl, 1810, married (first), 1795,
Lucy, daughter of the late Major-General John Scott of
Balcombic, who died 1798; (second). 1801, Margaret
who r
Jane, daughter of Sir Philip Ainslie,
1837, and has issue, by his first marriage, Francisb}i l
Lorddied
Donne, born 1795; Hon. John, born 1797•
marriage, Lady Jane, burn 1802, married' 1?1'30 sr"'
Sir John Archibald Stuart, of Grantull • '
Bart.;-t
leLlacti;
Margaret Jane, born 1807; Lady Anne3'Grac baton.
1S09; Hon. Archibald, born 1810; lion. Charles,k born
1812; Lady Louisa, born 1813; Hon. George, born
1814. By the death of the N&Jle Earl the Lord-
Lieutenancy of Morayshire has become vacant.
r THE VERDICT ON TUE EUSTON STATION ACCT.
DENT.—It does not appear to have occurred to the jury,
that it was their bounden duty to make every effort to
obtain " sufficient evidence" of how the wall fell: for, so
far from doing so, they omitted taking the most ordinary
and obvious means of arriving at the truth. A further
investigation is not merely most den irable, but should be
insisted ou.—.Builder.