The Sun.
London, England, 1848-09-07 00:00:00

THE FATAL COLLISION ON THE
LANCASTER AND PRESTON RAILWAY.
LANCASTER, WEDNESDAY.—This forenoon the in-
quiry into the circumstances connected with the death of
Hannah Airey, the woman killed by the coision be-
tween the express train and a slow train, on the Lancas-
ter and Preston Railway, on Monday, the 21st ultimo,
was resumed, for the fourth time, at the Town-hall,
before Mr. J. Gardner, the coroner for the borough.
The proceedings again excited considerable interest,
the hall being crowded by the inhabitants of Lancaster
and its visinity, who, from the first, have looked forward
to the termination of the investigation with the greatest
anxiety, on account of the dispute between the Lancaster
and Carlisle Company and the Lancaster and Preston
Canal Company, the latter being the proprietors of the
railway between Preston and Lancaster.
The following is an epitome of the evidence given on
the several occasions of the jury meeting. On the 21st
of ,igust, the day of the accident, the express train
wa3n. e hour and ten minutes late at the Preston
station, and in consequence of that and the late arrival
of other trains, the ordinary train stopping at all
the stations between Preston and Lancaster was not
started from Preston until one minute to four, its proper
time being fifteen minutes to four. The deceased and
the other injured parties were passengers by this train,
occupying seats in the last carriage but one. In the
journey to Lanoaster some time was lost, and on the
arrival of the train at the Bay Horse station the fireman
of the engine procured a " cob" of coal, for the purpose
of generating the steam quicker. This is not allowed
on any line of railway, if known. In twenty-six minutes
after the departure of the above train the express train
was started from Preston, and proceeded at its usual
speed of from 35 to 40 miles an hour, until it got near a
bridge called the Fox Holes-bridge, about 519 yards
from the Bay Horse station. On arriving at this spot,
in consequence of the engine-drivers having received
orders to keep a good look-sus, Morris, the driver of the
express engine, looked over the side rails and saw a
train in the station, but the smoke and steam was so
thick that he could not see the signal. The whistle was
blown, steam shut off, and the engine reversed, and every"
thing done to avert the collision, but without effect. The
last tlarriage was shattered to pieces, and the wreck of
it fot.fred beneath the nett carriage in which the
passengers were, and the whole of the floor-
ing forced ap. The deceased was found lying beneath
the step of one of the broken carriages whilst the engine
of the express train was upon the end of it. When the
driver of the Preston train first heard the whistle of the
express, he remarked to the guard, a man named
Dickenson, " that the express was coming." Dickenson,
ialteltd of telling the driver to go on, replied, " Then
they'll wait till we are ready," but when it was too late
prevent a collision he gave the order to "go on."
With reference to the Bay Horse station, it was elicited
that it is situated on a curve, and that instead of the
signsi being seen for 600 yards, in which distance an
Engine-driver is enabled to " pull up" his engine, it can
only be seen for 519 yards. At this station there is a
level crossing, and five sets of points. The signal, " a
red flag" by day, is made to serve for both the up and
dpien line, and is kept up for five minutes after the de-
parture tale train, When the wind blows from the south,
il.Stiek hal:to be run through the end of the flag to keep
it' stretched ont,","but when it blows from the north no
stink is necessary. *The whole duty of attending to the
signals, oints,,&c.,•devolves upen one man, who acts as
station-master as well. lt *ma proved in evidence that
14 do What'lte" (Thee there is absolutely "necessary.
Mr. Thomas Mitchell, the superintendent of the Pres-
ton station, the gentleman who started the express train
on the day of the accident, said it was his firm opinion
that 2 signals of a proper description had been in use on
the Lancaster and Preston Railway, the accident would
not have happened. The usual time for the express
train to do the distance between Preston and Lancaster
is 34 minutes.
Mr. J. E. Errington, the partner of Mr. Locke, M.P.,
and engineer of the Lancaster and Carlisle Railway, &c.,
said that having heard the whole of the evidence, he was
of opinion that the engine-driver, according to the book
of rules given him, had complied with the whole of those
rules, but that he had not the signals of danger given
him which he might have reasonably expected. By the
10th rule it says that the signal of danger shall be 600
yards from the station ; and by the next rule, that should
there be any danger then, that a man shall be sent back
600 yards from the signal with a flag. If the latter
course had been adopted, although the rails were
slippery, the train would have bees stopped, and no
accident have taken place. The fact of the driver
keeping his position on the engine-plate when the
collision took place shows that he had done everything
to check the speed. He attributed the accident first to
the trains being out of time ; secondly, the slippery
state of the rails; thirdly, the want of due and proper
signals; fourgaly, the Lancaster and Preston train not
moving when the empress whistle was first heard; and,
lastly, the state of the carriages themselves, the wood
of which was old and rotten. On the opening of the
Lancaster and Carlisle line a complaint was made of the
ineffipiency 9f the signals to Captain Coddington. If
the engine-driver of the Preston train had moved when
he first beard the whistle, he would have got 140 yards
from the station, and so out of danger. The signals on
the Lancaster and Preston line were sufficient for local
traffic, but certainly not for any other.
Mr. N. Wendell, superintendent of the carriage de-
partment at Crewe, under the North-Western Rail-
way Company, deposed to having examined the frag-
ments of the carriages broken by the collision, and
found the main timbers, or frame-work, in an ad-
vanced state of decomposition. From that exami-
nation he was decidedly of opinion that the carriage
was unsafe. It was his firm opinion that if the last
carriage had been of sound wood the accident could not
Save been of so serious a character. As far as he could
collect from the evidence, the express train was not at
the time of the collision going at greater speed than from
six to eight miles an hour, and that from the last car-
riage in the Preston train being in such a bad state, it
was broken up.
During this witness's evidence some portions of the
broken carriage were brought into the room and ex-
amined by the jury. The wood appeared to be com-
pletely destroyed by dry rot, and crumbled on being
touched.
Mr. Worthington, the resident engineer of the Lan-
caster and Carlisle Company, was the last witness ex-
amined; but with the exception of proving that one man
at the Bay Horse station was not sufficient, his evidence
was not important.
Since the last adjournment, the jury have met no
fewer than three times for the purpose of considering
their verdict, but without the least possible chance
of their coming to any. On the court opening this
morning—
The foreman said there was not the slightest chance
of their ever coming to any decision, and he, on the
part of his brother jurors, begged of the Coroner to use
his prerogative and discharge them.
The COROMBII—At present I have not the power to
discharge you, but can only order you to be locked up
Without meat, drink, and fire until you return your
verdict.
The foreman—We do not fear being locked up, but
we shall never return a verdict, we are so divided in opi.
nion.

The CORONER—If I had anticipated anything of this
kind I would have had twenty-three jurors sworn, in-
stead of only thirteen. The jury having been charged
with the body of the deceased, are bound to return a
yeediet. I am grieved to think this should have oc-
curred, for I am greatly opposed to starving a jury into
a verdict.
Mr. Swift, solicitor of Liverpool, who appeared on
behalf of the Lanca.ter and Carlisle Company, said the
inquest could be adjourned to the assizes if the Coroner
did not lock the jury up until they retureed a verdict. The
case he found in " Barn's Justice," and it stated " that
if twelve of the jury cannot agree in their verdict, the
jury are to be kept without meat, drink, or fire until they
return their verdict. Even this may be sometimes in-
effectual, and in such cases they should be adjourned to
the next assizes, when they may have the benefit of the
opinion of the judge who presides."
After some further remarks, the Cororer with Mr.
Maxatead, Ole representative of the Lancaster and Pres-
ton Railway Company, and Mr. Swift left the room, and
On their return,
The Cello:CM:I said—lt is necessary that I should ask
yon, gentlemen, if you are agreed in your verdict? The
foreman—No, nor are we ever likely to be.
Coaosxa—Well, then, I am sorry for it, but I must
swear the constable to keep you without food until you
agree.
The constable was then sworn and the jury locked up.
After they had been locked up for about an hour and a
half the coroner sent for them into court.
Conesea—Gentlemen, are you agreed? Foreman—
No, we are just as we were. I do not think there is the
slightest chance.
ConoNEtt—Well, gentlemen, it will be necessary for
me to bind you over in the penAlty of 101. each to ap-
pear at the next general session of assize for the
northern division of this palitinate, there to make fur-
ther in.qiiTry on behalf of our Sovereign Lady the Queen
as to the death of Hannah Airey. This proceeding is
not discretionary, for if any one of you refuse to be
bound over it will be my duty to commit the party until
the aesistee.
The jury being " all content," were hound over in the
Usual menace.
Zl,:r.itkry were about leaving,
""ca—l think, Mr. Maxstead, the jury, after their
oCareful attention to this case, require a little dinner; and
jainectsinor_e the gentleman on the other side will have no
mr. g'*wlf itT2iitthis share of the expenses.
psi. L©t the gentlemen
of the tavern bill I will cheerfully
iroreman
of
the
jury---You'll
of the jury name the house.
Mr. CORONERa-30UhrY---You'll join us, Mr. Coroner?
It certainly.
wfts then
the King's arranged that the jury should dine at
Area
aordian hour afterwards; and thus ter-
minated thisAesetr
inquest, one of considerable
importance, but eonduct'taerdYthroughout in the most sin-
gular manner.
With respectto the opinion of the jury upon the case,
it waswasn
publicly stated in the i quest-room that the majo-
y of in leaeverdict of manslaugh against the engine-driverter
It is gratifying to know, however,x
P
rit of them were for retarn
rtehss train.
twoat all the sufferers
by the accident, with the exception f
Billington and Moore, are rapidly persons, named
approaching to con-
valescenee,
The following is an extract from Captain LaffAti s
t
re-
port to the Railway Commissioners, as to the immediate
cause of the accident:—
" So Islany causes combined to produce this catastrophe
that it is not easy to determine to which to give prece-
dence. I should say that those causes were—
"l. The lateness of the express-train and its starting
se seen after the slow local train.
".Z. Tito inefficiency of the signals on the line.
" 3. The local traia not keeping its time, and taking no
precaution when they knew they were late, and that the
enrias was behind .them .
"4. The uueeretuity as to who is the rightful possessor
of the line.