The Sun.
London, England, 1848-01-20 00:00:00

THAMES.

HORRIBLE DEPRAVITY.—John Jackson, a journey-
man gunrneker, of Umberstone-street, St. George in
the East, aged 37, was brought before Mr. Yardley,
charged with a criminal assault on the persons of his
own daughters, Esther Jackson, aged nine years, and
Maria Jackson, aged twelve years.
The evidence is not fit for publication.
The prisoner was fully committed for trial.

THE ACCIDENT ON THE SOUTH-
WESTERN RAILWAY.
Yesterday, 'William Jones and Lewis Flemming
(the former an engine-driver and the latter a stoker
in the service of the South-Western Railway Com-
pany) were placed at the bar of the Lambeth Police-
court, before Mr. Elliott, for further examination on a
charge of having caused the death of David Mark-
land, on Friday night last.
Captain Laffin attended from the Board of Trade,
to :watch the proceedings. Mr. Stovin, the manager
of the traffic department, Mr. Godson, Mr. Bartle,
Mr. Young, with Mr. Clalow (from the office of
Messrs. Bercham, Dalrymple and Co., solicitors),
were also present ; And Mr. Games, solicitor, was
present on behalf of Brownsmith, ;one of the com-
pany's guards, who had been in custody.
Mr. Young, the assistant-superintendent on the
South-Western Railway, was the first witness called,
and the evidence which he gave on' Saturday last
having been read over to him, he further stated, that
while the passenger train was stationary he saw the
laggage train, of which the prisoners were the driver
and stoker, come out of the Frimley-cutting, which
was about three miles from where the passenger-train
was standing, and it was his opinion, that had any
effort been used, it might have been stopped before
the collision. Witness did not know of his own
knowledge, but understood there was a fall from
Frimley cutting to Pulbery embankment, and that
the gradient was 1 foot in 333. He felt satisfied,
that had the prisoners kept a proper look-out, they
must have seen the signal lights behind the passen-
ger train.
Mr. CeaLow here requested Mr. Young to read
the 65th rule, which was as follows :
" During the whole of the journey the engineman
must keep a sharp look-out forward, standing in such
a position as will enable him immediately to work his
engine as may be required, and so that he may
instantly observe any obstruction which may be upon
the road, or signal which may he given to him for
his guidance, to which he must pay instant attention,
whether he knows or understands why it is given
or not. The fireman must also keep a sharp look•
out forward, and frequently backwards to the train,
to see that all is right, and be prepared to receive
any signals from the guard ; and he must be in a
position to use the break upon the instant appearance
of any signal or obstruction, and remain there until
the train is brought to rest, or in such a manner as
may be required."
In reply to the questions of Mr. Elliott,
Mr. Young said, that seeing the luggage train
approach at such a rate, and perceiving no disposition
to stop, he desired Mr. Ward, one of the company's
clerks, to proceed down the line, and he (Mr. Young)
also ran down the line about sixty yards from the
passenger train, when he heard Mr. Ward halloo out,
and afterwards heard the whistle, but immediately
after the collision took place. Thought he should
have heard the whistle if it had been blown before
Mr. Ward, who was some distance ahead of him,
called out. Mr. Young here read the third signal,
as given in the book of rules furnished to all the come
pany's servants, and which is as follows :—" A red
lamp by night, and a red flag by day, or any signal,
whatever colour, violently waved, shows that an engine
must stop immediately."
William Whiting was next called into the witness-
box, and his former evidence was read over to him.
He now stated that the under-guard, Brownsmith,
had started from the passenger train with his signal
twenty minutes previous to any appearance of the
luggage-train coming. It was between three and
tour miles from Frimley cutting to where the pas-
senger-train was stopping when the accident hap-
pened. He had no doubt that he could have seen the
back light at the back of the passenger-train and that
the prisoners could have done so too if they had kept
a proper look-out from Frimley cutting. He heard
no whistle blow until after he heard loud voices of
" Hold hard 1" He had not the least doubt that if
the prisoners had turned off the steam and applied the
break properly, as soon as they came from the cut-
ting, the train might have been stopped. He had no
experience, however, in luggage trains, having been
for the nine years he was employed on the line a
guard of passenger trains. When the passenger
train stopped, Brownsmith, the second guard, came
to him (witness), and asked if he had not better go
back to signal and stop the next up-train, and he
replied that he had, upon which he went away, taking
his usual signal-lamp, which consisted of three lights,
red, green, and white. He (witness) came from
Southampton on Friday afternoon, with the passenger
train, and Brownsmith came from Gosport, and both
trains joined at Bishopstoke, when he (witness)
became the head or senior guard of the whole train,
and Brownsmith the second; but, from Gosport to
Bishopstoke, he (Brownsmith) was principal guard
of his train. It was the custom on the line, agreeable
to the rules, for each guard to receive a certain num-
ber of signals and keep them in his van to use them
when necessity required. Brownsmith, he supposed,
had his proper number of signals, and the proper place
for keeping them was in his van, and quite apart from
where witness kept his. Witness did not examine
after the accident to ascertain if there were any of
the fog or detonating signals in Brownsmith's van.
George Tamfield was next called, and deposed to
the fact of taking the prisoners into custody, and said
that Jones denied seeing any signal.
Mr. Clalow here said that, before calling the next
witness, he begged to correct a statement which had
gone forth to the public with the proceedings of the
last examination. By that statement it was made to
appear that it was imperative on the guards and other
officers of the company sent out to signal trains to
stop to use the detonating signals, but this, as would
be seen by the 13th rule, was not absolutely neces-
sary in all cases. And if a proper look-out, or the
necessary caution had been taken by the prisoners,
the signals given were sufficient to have prevented the
accident.
Mr. Elliott remarked that it was his impression at
first that the use of the fog signals was imperative;
but, on reading the 47th rule and the 13th rule, he
found that it was not, and therefore it was that he
discharged Brownsmith, feeling that it was impossible
to bring a criminal charge against him.
Samuel Brownsmith was [lieu ,ailed, sus etatsd
that he was guard of the Gosport up passenger train
on Friday afternoon last, and joined the Southampton
up-train at Bishopstoke. When the joist train
stopped on Purbright embankment he went to the
principal guard and asked him if he should go back to
stop the up-train ? The principal guard desired him
to do so. On going back about half a mile he saw
the white light of the luggage train directly it emerged
from Frimley cutting. Before it came out of the
cutting, he heard the rattle caused by it, and his
attention being, therefore, directed to the commenc-
ing of the cutting, he saw the train approach from
there. As it approached he exhibited his lantern with
the red light, which is the danger-signal, and waved
it so as to indicate danger and show those in charge
of the coming train that they were to stop ; exhibited
this light the moment he saw the train come out of
the cutting, and continued to do se for full a quarter
of a mile while proceeding to meet it. Heard no
whistle from the train all that time ; had there been
one he must have heard it. When the train passed he
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de of the engine, and, had he been there, he must
have seen him. No effort was made, that he observed,
to stop the train, nor had the whistle been sounded
for a minute or two after it had passed him. When
the luggage-train passed him he was three-quarters
of a mile, or as near to it as possible, from the pas-
senger train. He should say that the steam was not
reversed at the time the luggage train passed him.
There are two guards attached to luggage trains' but
he could not say whether there were two on the lug-
gage train in question, as he did not see them. He
could see the three lights at the back of the stationary
passenger train perfectly plain from the furthest dis-
tance he had gone to on the line. He had never been
a guard of a luggage train, and could not speak as to
the difficulty, or otherwise, of stopping them. It was
his firm belief and conviction that, had the prisoners
kept a proper look- out, there was abundance of space
to stop the train and prevent the accident.
Mr. Charles Smith Ward, a clerk on the South-
Western Railway, said he was a passenger in
the
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