The Sun.
London, England, 1846-09-26 00:00:00

THE FATAL ACCIDENT ON THE

GREAT WESTERN RAILWAY.

FARRINODON-ROAD, SEPTT24.—The jury re-assembled
this morning and resumed the inquiry, when
The CORONER said—Gentlemen, at our last inquiry
we thought it necessary to summon an eminent engineer
from Bristol, with a view to his examination of the
broken iron of the luggage van, to ascertain the cause of
the accident, which the witnesses have hitherto been
unable to state. The Coroner then briefly detailed the
nature of the accident, and the jury proceeded to view
the broken second-class carriage, which had been
brought down from lliicot for the purpose. The whole
of the first body of the carriage was broken to pieces,
and presented the appearance of a complete wreck.
and had still the marks of blood, &c., about it, from
which it became evident that Mr. Sargent's head had
been severed while the unfortunate gentleman was
standing up.
The following witnesses were then called:—
Henry Stevens sworn—l am superintendent of the
Farringdon-road station. On Monday evening I was
on the the platform of the down line when the train
was coming ic. I was sufficiently near to see what
happened. I was standing back on the platform, and I
heard a crash just as the train got to the bridge. I im-
mediately ran forward to the edge of the platform, and
saw the fire flying out from each side of the train, and
the luggage van raised upon the first passenger car-
riage ; the engine parted away from the train,
that is, I mean, went quite ahead, just as she approached
the platform. I could not distinguish if the engine
broke away at the first concussion, but I think there is
no doubt of it. The luggage van had four wheels. The
a hole of the van, with the exception of. the partitions, is
composed of iron. The passenger carriage which goes
next to the van is not different from the others—its body
is wood. The luggage van contained from 10 cwt. to
15 cwt. of bullion and the passengers' luggage; it was
pretty full. I judge from the weight of one box which
was left behind, and there were ten of those boxes. Im-
mediately after the accident I sent for Mr. Barker, the
nearest surgeon, and he was very soon on the spot, at
least within half an hour. One of the bodies (Bonner's)
had been removed before he came. I heard the crash,
and as the train came on near the platform, there was
another check from the crossing at the platform, which
arose from the van being partially off the line, and by
which check the van was forced further on the passenger-
carriage. The crash was at the bridge.
Richard Fuller sworn—l am clerk at the Farringdon-
road station. At the time when the accident happened
on Monday night I was on the down platform, watching
the train coming in. I saw something rise in the air
under the bridge just as I heard the noise. It was the
luggage van, as I afterwards ascertained upon the train
reaching the platform. I afterwards examined the van;
it bad four wheels, and the off fore-wheel spring was
broken. The effect of that would be, I should suppose,
to tilt the hind part in the air. The other spring might
have been broken. The ironwork was much torn away,
and broken a good deal. I cannot account for the break-
ingof the spring.

By the Foreman—l think Mr. Sargent was killed at
the bridge instantaneously.
By the CORONER—I believe, from common observa-
tion, that the effect of breaking the spring was to raise
the van up at the end. If I were told that if the spring
broke it could only fall three inches, I should say it could
not raise it as it was raised, which was five or six feet ;
but I suppose the ironwork to have become detached, and
that the axle slipped more to the middle, which would
tilt it up more at the end. The height of the arch of the
bridge is perhaps five feet above the carriage when the
van is in its proper position.
A juryman—Then it could not have fallen that dis-
tance, and yet that it struck the bridge is evident from
the piece which is broken out of the arch.
Mr. Bush, the engineer, thought that could easily be
accounted for.

By a juror—The buffers of the van were broken.
They were broken off as it fell. I did not know what
they struck against. The buffers of the tender were
broken, but not much.
By the CORONER-If the buffers of the van were
broken downwards, it could not be by striking the
ground. I cannot say what was the cause of the break-
ing of the buffers.
Robert Matthews, police•constable, No. 395, of the
Great Western Railway Company, sworn—On Monday
Light, when the accident happened, I was passing under
the bridge to go to the signal-post, which is just on the
other side. I gave the usual signal for the train to come
in, and I remained at the signal-post until the train
had passed. While I was passing under the bridge
there was a great shock, and I saw a quantity of fire
flying from the luggage van. In consequence of the fire
and smoke I was so stunned that I could not tell what
it was.

CORONER—Do you mean fire and smoke, or sparks
and dust? Witness—l should say it was fire. I was
so enveloped in smoke or dust that I was obliged to
grope my way to the signal-post, and there I remained
until the train passed me. I heard a great crash, but at
the time I could not say what it was. I cannot say where
the fire or sparks, or what it was, came from; but it came
from some of the carriages. I became enveloped with a
cloud of dust or smoke, but I believe it to have been
smoke.

Mr. Thomas Bush sworn—l am a partner in the firm
of Bush and Beddoe, engineers, of Bristol. Having heard
the evidence of the engine-driver read, Mr. Bush wished
him to be recalled.
Robert Patterson, the engine-driver re-examined—
Preceding the accident I was looking for signals to the
policeman, and not to the train behind me.
Mr. Bush examined—l-have examined the spot on
the line where the accident ocurred. I observed the line
for some distance between the bridge and the platform,
and also beyond the bridge. I observed from the bridge
to the platform, and for about 20 feet beyond the bridge,
a slight indenture in the permanent timber, caused by
two wheels being off the line. I have also seen the broken
passenger luggage, the luggage van, the broken springs,
the wheels, and the ironwork belonging to the luggage
van, with the exception of one connexion, which more
properly belongs to the tender. I have also examined
the buffers of the tender. The luggage van is composed
of an iron front and back, and wood sides ; it is as they
are usually made of that class ; it is a class commonly in
use on this railway; this is the common van for luggage;
the generality of vans have four wheels. On examining
the broken springs and the ironwork, I find every part
was in a sound state previous to the accident, and there
is no appearance of flaw or old fracture. I did not ob-
serve any part that had been weakened by use. The
springs are composed of spring steel. They are fastened
in an iron box in the centre. Nothing that connects the
spring together is broken. The boxes are cast iron,
with brass bearings. The axles are wrought iron. The
hangings which are connected with the springs, but
which I call brackets, are of cast iron. That is usual in
luggage vans and carriages not generally used for pas-
senger traffic.
A juror—l consider that they ought to be made of the
best charcoal iron. _

Examination resumed—The only parts that are cast
iron are these brackets or hangings and the axle-boxes;
there are many of them used ; wrought iron is generally
safer than cast in anything.
By the Foreman—Then if these had been made of
wrought iron the accident might not have happened ?
Witness—l do not attribute the accident to this at
all ; for the duties which they have to perform they
have generally succeeded well on the Western line ; but
wrought iron is better ; if I were going to make a car-
riage of this description, throwing expense out of the
question, I should use wrought iron certainly.
By a juror—When they are of cast iron they are
very liable to break, I should say, on a sudden stoppage?.
By Mr. Bush—The axle-guard ought to relieve that
strain ; in the event of a cast iron bracket breaking, no
serious injury would ensue from that breakage ; the
axle-box would merely fall into the axle-guard, and
thereby the carriage would run without springs, free
from danger. From the examination I have made I
attribute the cause of the accident to be that the engine
broke away suddenly, unobserved momentarily by the
engine-driver, and then the train running into the
tender just under the bridge, the consequence would be
the buckling up of the train by the carriages running
over one another. My opinion is that the springs of
the van did not give way in consequence of any weight
plated in the van, but that from some cause, with which
I am unacquainted, the screw connexion between the
van and tender must have broken probably at or about
the time when the steam was first let ofly and that the
tender and engine being loose and in advance of the train
from some sudden check at the bridge, the train with
the luggage van in front, by their own weight and im-
petus, ran into the tender and thus threw the luggage
van up in the air against the bridge, causing a great con-
cussion and crash. Unless I saw the screw connexion I
could not undertake to say that the accident could not
have been guarded against.
Mr. John Gibson, of Paddington, superintendent of
the carriage department of the Great Western Railway,
sworn—Every carriage, van, &c., is thoroughly exa-
mined, oiled, and screwed up before it starts, and they
are also oiled and examined at every station by the men
who go round with the grease-boxes. It is their duty.
The screw connexion belongs to the tender; they hook
it on, and they would examine it at Slough, Didcot, &c.
I attribute the accident to the same cause as described
by Mr. Bush. I think if anything had been wrong in
the screw connexion while at Didcot it would have been
noticed. It could not have then been broken or the
train could not have started. In the vans and trucks,
which have cast iron spring scroll brackets, the axle
guard is so formed as to touch the box each side, and
lead or drag the wheels, so that no lateral or longitudinal
strain comes upon the cast iron brackets. Of course,
they have all the vertical weight. All our carriages are
of such a construction that if every spring under the
various carriages were broken the train would go along
safely, but not so easy.
Mr. Seymour Clarke here explained that the examina-
tion of the carriages, screws, &c., at the various stations
would be only a general one.

Mr. Walter Barker, of \Vantage, surgeon, deposed to
having been sent for on Monday night to the railys
On my arrival I saw the body of Bonner, who was dead,
but not cold ; the immediate cause of death was dislo-
cation of the neck. There were bruises also about the neck
and upper part of the trunk. Immediately afterwards I
saw the body of Sargent, it was in the broken carriage.
The btly was erect, the front F4rt being towards the
back athe carriage. It was retained in that position
by the hand, which was through the roof, and there
slightly confined. I observed that the head had been
severed from the body by a force acting from the front
Part of the body backwards and upwards, the =l;,--

in or under the carriages ; that was the cause of the
delay in its removal.
The CORONER then summed up. His remarks would
be very few, seeing the very g-eat attention they had paid
to the case, and from the fact of the great experience of
their foreman as a 'county magistrate. The cause o
death, it was perfectly clear, arose from the accident on
Monday night last. The Coroner then read the evidence
of Tuesday, and said, that at the close of the day he had
felt it a duty due to them, the public, and to himself,
that the passenger carriage, which he thought had been
improperly removed, should be brought back for 'their
inspection, and that an eminent engineer, unconnected
with the company, should be examined as to the cause;
and with that view it was that Mr. Bush was summoned.
They bad seen the carriage, with the blood on it; and
from it, it must be evident that the unfortunate man
must have been standing up when his bead was cut off
by this sudden and violent concussion. They had heard
that the ends of the van were of iron; and his ow n
opinion was, though he confessed that he was unac-
qainted with railway matters—but his opinion was, that
while the ends of the luggage van were composed of iron
there should be some greater protection than mere wood
to the end of the first carriage next to it. He however
merely stated this as his own opinion. Mr. Bush had
then given his evidence as to the cause of the accident.
—it was for them to take these matters into their con-
sideration, and to say whether they thought the accident
arose from circumstances over which there was no control,
or otherwise.' The Coroner then alluded to the abolition
of the law of deodand, and concluded by saying that he
felt the fullest confidence that they would, as indeed they
would under any circumstances, give a foodless and im-
partial verdict.

The jury, after a few minutes' consideration, returned
a verdict of " Accidental Death."

MANSLAUGHTER IN LIVERPOOL

OF A WIFE BY HER HUSBAND.

The particulars of this case, so far as they had trans-
pired, were published in The Sun yesterday. An in-
quest was held upon the body before the borough coroner
on Wednesday.
Bridget Smith was the first witness caller'. She said—
I am daughter of James Smith, and am at present living
in the house of the deceased. Her name was Catherine
Tully. Her husband's name is Owen Tully. They re
sided in Thomas-street. On Monday evening last the
deceased and her husband sat down to tea together, and
while they were taking it two women came into the shop,
and Mrs. Tully went to serve them. After they had
done tea, Mr. Tully said to the deceased, " It's no use
me trying to keep a shop when you have• so many women
coming about you drinking when my back is turned."
The deceased then said, " Am I drunk now?" and he re-
plied, "Yes, you are." She then answered; " Well, if I
am, let it be so." He then struck her on the side of the
head with his fist while she was sitting on a' chair. He
went out into the yard, and deceased_ called out, "Oh, my
head." I sent a little girl for Mrs. Murphy, a sister of
the deceased, and she came, and said to the deceased,
" Sally, mend you, there's always women here when
I come in." Mrs. Tully then got up to strike Mrs.
Murphy, and Mr. Tully got up and made a blow at the
deceased over Mrs. Murphy's shoulder, but the deceased
stooped down and avoided it, and he then gave her a
kick about the lower part of her abdomen. Two women
came in and put her on a chair, and I then saw a large
quantity of blood on the floor just where she had been
standing. As soon as she got the kick she gave a great
scream. The deceased was taken up stairs, and soon
after she died. The deceased was a little in liquor, but
Mr. Tully was quite sober. She was not in the habit
of getting drunk. I have not seen Mr. Tully since.
The deceased and her husband used occasionally to
fall out.

John Taylor—l am a surgeon, and have made a post
mortem examination of the body of the deceased. On the
external parts of the body I found lividness on the lower
parts of the abdomen, and an abrasion on the lower part
of .the right buttock, and the left labium was engorged
with blood. Internally I found a detachment of the
placenta, from which an immense quantity of blood had
flowed before death. The whole of the organs of the
body were quite blanched, and free from the ordinary
quantity of blood. Loss of blood was the immediate cause
of death, and the result of external violence on the geni-
tal, such as a kick or a blow.
After a brief address from the Coroner, a verdict of
manslaughter was return against Owen Tully, of whom
no tidings have as yet been heard.
The foreman said the jury had just been handed ls. 6d.
a-piece (18s.) for their services, and he begged to ask the
coroner whether he had any objection to send that sum
as a donation to the Blue Coat Hospital ?
The Coroner said he should be happy to transmit it.
On putting the question, however, the foreman was
surprised to find that only six of the jury would relin-
quish their individual claim to the ls. 6d.
A donation of 9s. and an additional shilling from the
foreman, making 10s. in all, was therefore sent to the
hospital.

The Earl of Denbigh had an interview with Sir
George Grey yesterday at the Home-office.
Dispatches from the Governor of the Mauritius, and
also from the Governor of Van Diemen's Land, were re-
ceived yesterday at the Colonial-office.
Viscount Palmerston left town yesterday afternoon on
his return to Windsor Castle.

Lord and Lady Alan Churchill left Farranco's Hotel
yesterday for West Hentington, York.
A person of fashionable exterior, calling herself the
Hon. Mrs. W—, who had been staying several days at
one of the principal hotels in this town, took her depar-
ture somewhat abruptly on Friday last, without paying
her tavern bill. She had wormed herself into the con-
fidence of some of our tradesmen (one of whom, a
stable-keeper at the eastern part of the town is minus
about 501. by her patronage!) by a free use of the name
of .a distinguished pianist who has recently returned
frOm the continent to resume her professional avocations
in Brighton. The Hon. Mrs. W— has also recently
returned from Paris, where she went by the name of
Mrs. R—. It was there she accidentally met with the
lady in question; but we are informed that her conduct
was so unbecoming that she was ejected sans ceremonie
from the hotel. She then came to England, selecting
Brighton as her next place of abode, and having male
herself acquainted with the tradesmen of Madame —,
succeeded in incurring some bills, which afterwards she
forgot to pay. She assumed all the manners of a lady
of fashion, and acted her part admirably. She went off
very suddenly last Friday, by one of the trains, and no-
thing has since been heard of her.—Brighton Gazette.
COLLISION AT SEA.—About half-past eight o'clock
on Wednesday evening, the night being pitchy dark, the
Phcenix steamer from Tenby, was run into by the Herald
steamer, outward bound, whilst in the narrow channel of
the Swash, at the entrance of our river. The iron rails
and stancheons of the Phoenix were carried away, and
the Herald received some slight damage. The noise of
the crash eccasioned considerable alarm to the pas-
sengers, and the feelings-of those on board the Phcenix
were most painfully excited, when, after the collision, it
was discovered that Sir William Symonds, the celebrated
surveyor of the navy, who had been on board, was miss-
ing. It was rumoured here that the gallant officer was
drowned, but we are rejoiced to be enabled to contradict
the statement on authority. Sir William had, however,
a very narrow escape. He was in the bows of the
Phcenix at the time the Herald ran into her, and when
the vessel parted was carried off astride of the cutwater
of the Herald, to which he clung, until his situation was
perceived, and he was taken on board and landed at
Clevedon, from which place he proceeded at once to
Bristol to relieve the anxiety of his friends. Isle is now
stopping at the Royal Western Hotel, and is quite well,
not having received the slightest injury. No blame
attaches, as far as we have learnt, to the commanders of
either of the vessels, both of which had lights out, and
their coming into contact was to be attributed to the
extreme darkness of the night, and the narrow channel.
in which they met ; both vessels were also at the time
moving at a very slow speed, otherwise, no doubt, the
consequences would have been much more serious.—
Bristol Garotte.

ST. BOTOLPU, ALDGATE.—CHURCH-RATE.—On
Thursday morning a vestry meeting. was held at the com-
mittee-room, Aldgate, to elect a parish-clerk and sexton,
and to make a church-rate. Mr. Churchwarden Wright
in the chair. Mr. John Biggs, of Houndsditch, was
proposed and chosen as parish-clerk. Mr. Bunting then
proposed a church-rate of one half-penny in the pound,
not for any great regard for the Church as a Church-
man, he was a Dissenter. He did not believe the volun-
tary principle could be carried out in the parish, for
there were the London Dock and the St. Katherine's
Dock Companies, and also the Blackwell Railway Com-
pany, and he thought they ought to bear their fair
proportion of the expenses for which the money was
required ; the St. Katherine's Dock Company once
voted 501. in a very handsome manner when a church-
rate was refused, but the only way for all to bear their
fair share was by a rate. Mr. Wood seconded the motion;
and said it was pleasing to see the rate come so well
recommended, the meeting having been convened in
accordance with a resolution agreed to at the last meet-
ing. He knew well that there was more good feeling
in• those parishes where church-rates were paid than
where they were made a cause of party strife. Some
other gentlemen having expressed similar sentiments,
the motion-was put from the chair, and carried almost
unanimously, there beiug only two dissentients. On the
motion of Mr. Christie, the election of sexton was ad-
journed, there king no candidate for the office resident
in the parish. Thanks were then voted to the chairman,
and the meeting separated.
SINGULAR DEATH FROM SUFFOCATION IN A
WATER TANK.—An inquest was held at the Globe,
Lower-road, before C. J. Carter, Esq., coroner for West
Kent, on the body of Mr. Robert Wade, an extensive
builder, who was found quite dead in a water tank at
the rear of his premises, in the Broomfields, on Wednes-
day morning. The inquiry created the greatest interest,
as the deceased was well known and respected in his
neighbourhood. Michael Goodman, a labourer in the
service of the deceased, stated that he saw his master
shortly before six on Wednesday morning, standing at
the back door of his house. There was some defect in the
water tank, and it might have been necessary to do
something to it after the rain of the previous night ;
after breakfast be returned to the premises, when he
found Mrs. Wade very uneasy, as deceased had not come
to his breakfast. He went to several places to see for the
deceased. but not succeeding in hearing anything of him
returned and searched the premise. A ---
(iimmett -

_~^

LAW INTELLIGENCE.
SECONDARIES' COURT, September 2
(Before Mr. Secondary JANES )
FISHER V. DUNFORD.
This was the only cause set down for trial, but
jury being called none of the parties were in attene
The Learned SECONDARY said it was very inc
nient for persons to appoint times and not be presc,
The plaintiff's attorney arrived in a few minute
neither the defendant nor his attorney appeared, alth
a plea had been put on the record.
The plaintiff's attorney then stated the case.
plaintiff is a brush-maker, and a part of the claim
for goods ordered by defendant to be sent to a perm
Ringwood, in Hampshire ; partly for goods suppli(
defendant himself ; and 3/. for money lent ; but plat
would admit a set-off of 4/. 17s. 4d., which would 11
a balance of 4/. 7s. sd.
The SECONDARY said that it was a pity some pei
was not present for the defendant ; but as it was
would see that nothing but strict evidence was admit
Witnesses were then called, who proved the order
delivery of the goods, and an admission of the loan.
The jury thereupon gave a verdict for the halal
claimed, 4/. 7s. sd.

INSOLVENT DEBTORS' COURT, Sept. 2l
(Before the CHIEF COMMISSIOrER and Mr. Comm
sioner PP/MPS.)
IN RE jr 'MACLEOD.
The insolvent in this cash was described as the repri
sentative of a chieftain's house in the north-west i
Scotland.. The amount of his liabilities was 61,00
Opposition was originally entered by a creditor to t 4
amount of 81., which had been since withdrawn.
Mr. COOKE, who appeared for the insolvent, state'
that the property of Mr. Macleod in Scotland was valtt
at 77,0001., which would have paid all the creditors of
the schedule. The property had been sold, but did r. 1
-
fetch so much as was expected, which was the reasan
the insolvent appearing here.
It Ras stated to the Court that debts to the amount
of 44,000/. had been registered against the property of
the insolvent.
'lnc Learned CHIEF COMMISSIONER ordered the in-
solvent to be discharged.

CENTRAL CRIMINAL COURT.
OLD COURT.

THE HAMMERSMITH JEWEL CASE. - Archibald
.111' Neill, 22, chemist, was indicted for stealing two chains
and other articles of jewellery, value 101., the property
of Ann Church.

Mr. Doane prosecuted, and Mr. Ballantine defended
the prisoner:
The circumstances under which this charge was made
against the priSoner, will be fresh in the recollection of
the public, as they have been recently given very fully in
the repeated examinations of the prisoner, with a person
named Kennedy, before the magistrates at Hammer-
smith Police-court. It will be.recollected that a lady,
named Riley, lodged in the house of Kennedy, who
carried on the profession of a surgeon at Hammersmith,
the prisoner acting as his assistant, and shortly
before her death, which took place on last Easter
Sunday, she gave a number of valuable articles of
jewellery to a lady named Church, who placed them in
a drawer, and shortly afterwards she discovered that
they had all been stolen. The prisoner-was proved to
have dealt with a portion of the stolen articles by pawn-
ing them some time afterwards ; but it appeared that bn
had, from the commencement of the transaction, all
along declared that he had merely acted as the agent of
Kennedy in so pawning them, and that he was innocent
of the robbery.
Mr. Kennedy was called as a witness, but he did not
appear.
Baron PLATT intimated his opinion that there was not
sufficient evidence to convict.the prisoner. lie had al-
ways stated that Kennedy gave him the things to pawn,
-
and certainly Kennedy had as good an opportunity to
take them as he had.

The jury immediately returned a verdict of Not Guilty,
and the Learned Judge ordered the prisoner to be imme-
diately discharged.
(Before Mr. Justice MAULE and Mr. Baron PLATT.)
MANSLAUGHTER ON THE EASTERN COUNTIES RAIL-

WAY.- Wiliam Clare, late an engine-driver on the
Eastern Counties Railway, surrendered to take his trial
on an indictment charging him with<having, on the 18th
of July last, caused the death of William Hind by
careless and wanton driving. There were other counts
in the indictment varying the charge.
The Attorney-General, Mr. Bodkin, Mr. Clark, and
Mr. Ballantine were for. the prosecution ; Mr. Montague
Chambers, Q.C., mr. Clarkson, and Mr. Parry attended
for the defence.

The ATTORNEY• GENERAL, in rising to address the
jury, said that he need only remind them of the nature
of their duties in order to induce them to throw aside
every preconceived opinion, and to judge of the case by
the evidence which would be adduced before them. The
jury would have gathered from the indictment that the
defendant was charged with manslaughter, in that he,
on the 18th of July, did, by his careless conduct,
while in charge of a locomotive engine, cause
the death of a gentleman, named William Hind,
by throwing him out of a carriage on to the
platform of the Stratford station on the Eastern Counties
Railway. He need not refer at length to the cases which
were recorded, and which bore a striking analogy to
that under their consideration, but he might incidentally
mention a judgment by Lord Hales, who laid down that
a person who wantonly rode an ungovernable horse into
a crowd, and who caused death thereby, was guilty of
murder; and if he rode carelessly into the same crowd,
and death ensued, he was held to be guilty of man-
slaughter. He (the Attorney-General) was of opinion
that this rule would govern them upon this occasion. He
would not detain them further wiii preliminary obser-
vations, but at once proceed to state the circumstances
which they were that day called on to consider. The
defendant was what was called a " fitter" and occa-
sional driver on the Eastern Counties Railway. He was
generally stationed at Stratford, and this the jury would
observe would form a particular and important feature
in the case. He wa■ in the habit of driving an engine
for a considerable time before from Stratford to Rom-
ford, and crossing a bridge not far from the station,
where the telegraph could be distinctly observed by the
person entrusted with the engine. On Saturday, the
18th of July, the defendant was instructed to take an
engine over to Romford, and lie was accompanied by a
fireman of established character and conpetence,who had
been engaged in the company's service for two years
before. While the prisoner remained at the Romford
station the train for Ipswich left, and the prisoner,
whose engine, with five or six empty trucks, was on a
siding, followed in five or six minutes after. The pri-
soner at first went, in obedience to orders, cautiously
enough, but soon after, as he (the Attorney-General)
would be in a condition to prove, he was ob-
served driving at a furious speed, although he
was aware that the train was only a quarter
of a mile before him. He came in sight of one of the
signal,, which wasso arranged as to show that he was to'
go on at a more moderate speed, and the prisoner while
in sight of the signal-man did go slower accordingly-. He
(the Attorney-General) would row point out the dis-
tance at which the signal nearest the station could be
seen before arriving at Stratford. This distance was
above four hundred yards, and Captain Coddington,
who was ordered by the Board of Trade to examine into
the matter, proved by the very engine that was driven
by the prisoner that there was ample power to stop the
carriages before arriving at the Stratford station. The
prisoner had neglected paying attention to the signal
which was exhibited, and the result was that the engine
rushed into the train which still remained at the station,
and the death of Mr. Hind was the melancholy conse-
quence. Having thus briefly detailed the circumstances
of the cage, he would now call witnesses to prove the
facts as they were alleged by him.
James Backhouse, coach-spring maker to the Eastern
Counties Railway, proved that the death of Mr. Hind
resulted from the injuries (mused by the concussion at
the Stratford station.
Mr. Bush corroborated this evidence.

Cross-examined by Mr. CLARKSON—There were now
more porters at the Stratford station than before the
accident. Some additional porters were put on next
day. The " staff," at the time of the accident, was the
station-master, who also acted as clerk. The signal-
man assisted as porter when they were busy, and be
also attended to the " points." Since the accident there
was an additional station-master and signal-man ap-
pointed. Since the accident there was an additional
signal post placed further down the line towards Ilford,
so that it might be seen at a greater distance from the
station. At the time of the accident he was signal-man
at night, and he also attended to the mail train which oc-
casionally stopped there.
Mr. Francis Fobin, surgeon, Clapton, and Mr. Bransby
Cooper, had made a post morbem examination of the body
of Mr. Hind, and they were decidedly of orinion that his
death had resulted from the injuries received on this
occasion.
Mr. Benjamin Richardson, a station-master at Strat-
ford—Had been seven years in the company's service.
He was on duty on the 18th July. The Ipswich train,
which was due at the Stratford station at ten minutes
past four o'clock, was on this particular day some ten ot
twelve minutes after time. It consisted of about twelve
carriages, the last being a second-class carriage. At the
time the men were taking in water, on looking down the
line, he saw the Fire-fly engine, under the charge of the
prisoner, coming in at a rapid rate, between the signal-
post and the station. The signal was at that time down,
which meant that any other engine coming up should,
stop. lie ran up to the driver of the Ipswich train,
calling out to "go on, go on," but it was too late. The
prisoner's engine came in, and the accident was the con-
sequence. He bed known the prisoner for three years.
Cross-examined by Mr. CLARKSON—There had been
an increase of hands at the station befora the time of the
accident. lie had known the prisoner in the company's
service for twelve months before. He did not know how
often the prisoner had driven an engine. He did not
know that the prisoner had only driven an engine twice.
lie could see that he had only one eye. The proper
signal-man had been ordered to do something else, but Es
lad, 18 years of age, had been appoinn-d to the duty of
attending the signals. Witness observed, some minutes
before the Ipswich train came in, the lad was sitting on
the windlass, and looking up towards London, instead of
towards the country, whe,ace the train was expected.
The train was some ten or twelve minutes _after time.
Ile appoint--, .• • - itbout four o'clock. Tho
train ue aainutcs to four. He had
• 11-.- aatav aniaa boean et..

himself on an engine on the Eastern Counties Railway.
—(Laughter.) The signal fan had been out of order
before the accident, but it was in working order at that
time. •
Edward Unwin, 18 years of age, was on the 18th o
July appointed by Mr. Richardson to attend to the
signal near the Stratford station. As soon as he saw.
the passenger train come in sight, he let down one of
the fans, and the train passed on to the station. He
then let down the whole of the fans, and in about one
minute after the engine driven by the prisoner, run in.
He could not see that the engine slackened its speed.
Cross-examined by Mr. PARRY—He was sent by Mr,
Richardson to the signal station five minutes before the
passenger-train came in. He had been in the service of
the company two years. His wages were ten shillings
a week. He did not know the wages of the station-
master.
George Barford, draper, residing at Burford—He was
wholly unconnected with the Eastern Counties Railway.
He was on the second bridge from the Stratford station
on Saturday, the 18th, at four o'clock, and he observed
that the signal for stopping the truck trains, namely,
the whole fan down, was displayed. He observed this
clearly.
Cross-examined by Mr. CHAMBERS—The passenger-
train went very slowly under the bridge. It consisted
of eleven carriages, and he conceived it would fill up the
space alongside the platform. He travelled frequently
by the railway, and had nothing to complain of. It was
rather unusual to find the train behind its time. It was
usual to take in water at the Stratford station. He
could not say whether it was unusual to take in water
within three miles of their destination. lie believed it
was usual to do so at Stratford. He did not know that
when a great red board was appended to a train it meant
that persons should be sent out with flags to stop ap-
proaching trains.
George Blatchford, examined by Mr. BALLANTINE—
Witness was a guard on the Eastern Counties Raiiway.
He was guard on the passenger-train from Ipswich on
the day of the accident. !'heir time at Stratford was
fifty-six minutes after three, and in Lyndon ten minutes
after four. They passed the prisoner at Romford at
fifty-four minutes after three. On passing the signal post
he observed three fans down, which indicated to ap-
proach with great caution. At Stratford they took in
water. They also did so when they required it. In
about two minutes after their arrival at the station the
collision took place. The last carriage was destroyed.
It was one taken on at the station eighteen miles beyond
Born ford.
Cross-examined by Mr. CLARKSON—He had never
seen the prisoner drive, and he had not known Quennel
act as fireman. He did not know that the road between
Ilford and Stratford was the worst part of the line.
When danger threatened they applied the breaks. One
break behind was worth two in front.
John Chester Frazer, foreman of the locomotive de-
partment, had known the prisoner to drive engines fre-
quently on the Eastern Counties line. He had been
sent on the 18th with a carriage in an impaired state to
Romford to be repaired. He had the Fire-fly engine,
which was a fair engine, although it could not keep time
with passenger trains. The breaks were very geed.
Quennel was sent as fireman. There was a notice that
no engine-fitter should be allowed to drive an engine,
but this did not apply to Clare. He knew that Clare
had driven twice before the period of the accident.
Quennel had been once to Cambridge with a goods train.
He did not think there was any danger to be appre-
hended in broad daylight. Quennel was paid 3s. a day,
be,ides extra time.
Mr. CLAKRSON—What do you think now of sending
out a man who had only driven an engine twice, and
who has only one eye, with a learning fireman Wit-
ness—l have known one-eyed drivers on other lipes
before now.—(Laughter.)
,Mr. CLARKSON—Are all your drivers one4yed nion?
--(Laughter.) Witness—No.
Mr CLARKSON—Have you any? Witness—No. •
Mr. CLARKSON—But you think it an advantage, , per.
haps?—(Laughter.) Witness—l don't think it a great
disadvantage.—(Laughter.)
Mr. CLARKSON—Did you send Quennel out?—Wk..
ness—l think I did.
CLARKSON—.-And you sent a labourer- as fire-
man? Witness—Why,do., you know what they make
• fireman of ?see(Gfeaf laagfiter.)
Mr. CLARKSON—Perhaps you will inform us ? Wit-
ness—Why they make them out of labourers or any.
thing.—(Renewed laughter.)
Mr. CLARKSON—Was the Fire-fly not a damaged en-
gine? Witness—Two out of her three valves were in
order, and she was quite fit for the work she was to do.
Brown resided at Tottenham, and was formerly in
connexion with Mr. Jackson, the contractor. He knew
the prisoner, who had entered their service in June,
1844, and after being a short time employed as fitter, he
was subsequently made engine-driver, and drove on the
line each day for about six months. He seemed to wit-
ness a careful, cautious man—in fact, extremely so, and
was well acquainted with the signals.
Cross-examined by Mr. CHAMBERS—He thought it in-
dispensably necessary that there should be a competent
fireman sent with the driver.
John Bennisch proved that Clare had been in the
habit of driving engines.
Cross-examined by Mr. CLARKSON—He kaew nothing
of an engine himself, but he supposed all was right as
nothing went wrong when he had seen him driving.
Thomas Scott, under .foreman of the locomotive de-
partment, went with the prisoner Clare and Quennell,
the foreman, to Romford with a disabled carriage, and
they afterwards returned with some trucks, and two
other persons in the employment of the company. One
of the men came up to him, hut he did not give him per-
mission to get upon the engine. The other man was
taken tip on the road. After they got the trucks they
waited at the Branford station till the passenger train had
passed. lie cold not say how long they had waited, but he
should suppose sorre fifteen minutes. At Ilford the
signal was down, and stopped the engine, because, as he
said, "it was against them." When the signal was
raised, they passed on at the rate of from twenty-
five to forty miles an hour. He could see the
steam of the passenger train at Ilford. He
stsrted from that place some six or eight
minutes before witness, and those with him stopped.
When they left Ilford they started at the same rate as
before. There was no train expected to follow them
soon. He did not see the signal until he was at it, tied
then he saw red. The engine-driver was then blowing
his whistle. He noticed the train at the platform after
they had passed the signal, and they then tried to stop
by easing their breaks, but were unsuccessful.
Cross-examined by Mr. CHAMBERS—He was ordered
to send Clare with the engine to Romford, and he did
partially order Quennel to go as fireman. Clare said
" Here is Bill, Bill can go." Witness asked Quennel if
he had " fired" before ? He answered, " Yes." He
might have read the notice in the engine-room, that no
" fitter wets to drive an engine." He had often seen it
since. He dared not send a competent engineer, when
his master ordered him to send Clare. The back of
the signal was white, and any person looking at it from
the bridge would see no other colour. The average
of an engineer's pay might be five shillings or
6s. a day. A fitter could make 30s. a week. An engine-
driver had 6s a day. After leaving Word, and
before they reached Forest Hill station, two mtles from
Stratford, Clare shut off the steam, so as to go slower.
There was no signal at the Forest-gate, and he turned on
the steam again. There was a man who put his head out
of a box window on the hill, but he observed no signal.
He knew that it was customary where there were no
standing signals to have men stationed on the line.
The most expeditious way to stop the engine would
be to turn the steam the opposite way, and apply
the breaks to the tender. If the valves were out of
order the engine would not act so readily. He tried to
make the breaks act, but they'did not do so readily.
The Fire-fly had since the accident been taken to
pieces, but it would no doubt be brought into use
when thoroughly repaired. The chimney of the en-
gine was somewhat damaged when Captain Cod
dington tried it next day. He was not aware that
it had been repaired before that time. Witness
had been given into custody along with five others, but
he was discharged after being before the magistrate.
He saw the engine taken to pieces, but he did not ob,
serve that the reversing lever was out of order. He had
no doubt that there was something to do with it. There
was a piece of string on the top of the lever at the time ,
of the accident, which was intended to supply some de-
fect. He did not see that the regulator was not in order.
William Winstead was employed to repair the engine.
Mr. Samuels was the resident engineer. Neither Mr.
Locke nor Mr. Braithwaite attended, to his knowledge.
Charles Tomlinson was taken up on the engine on the
day of the accident. Clare was driving, and witness
observed him trying to stop the engine at the second
bridge from the station. He did not remember coming
into the station. He believed he was on the tender
after, but he was so frightened as to be utterly uncon-
scious of whet was going on.—(Laughter.)
William Kent, plate layer on the Eastern Counties
Railway, was near the Ilford station, and saw the train
passing and the engine fellowing at a distance of less
than a mile, and g ir.g retrh faster than the train.
George Birch, manager of the signal at the Ilford
station.—He remembered the arrival of the Ilford up
train on the day of the accident. It was duo there at
46 minutes past three; while the train remained at the
station, and while the signal was down he saw an en-
gine and some trucks which stopped when the, signal
was seen. After the train had gone on five minutes he
made the signal to come on slowly, which was attended
to. He had known Clare drive engines before on the
Cambridge line.
Cross-examined by Mr. MONTAGUE CHAMBERS—The
Ipswich train was fifteen minutes after the time it be-
came due. It was the duty of the station-master, when
a train departed and another was to come in immediately
after, to hang out a red ball to the first train, in order
to keep the line clear. They had not done so at Ilford,
because they were not aware that there was another
train approaching.
Mr. MONTAGUE CHAMBERS—Why, you say the two
trains were at the station. Witness—The signal was
considered sufficient.

Mr. MONTAGUE CIIAMBERS—Then vou don't think
it necessary to attach the red ball ? Witness—Not to
ordinary trains.
Mr. Justice MAULE—But this was not an ordinary
train ; it wa. an extra train? Witness—But we thought
the signal sufficient.
Mr. Justice MAULE—Then your not hanging uut this
red ball was contrary to your orders.
Witness—We only do that when the train is a spe-
cial one.

Mr. M. CrumnEns—Then several trains are allowed
to pass on without the red ball, although trains are ex-
pected to follow immediately.
Witness—Precisely ; the red ball is always placed in
case of special trains.
Mr. M. CHAMBERS—Then it is only for the benefit of
the directors, when they are on the line. You take
epecial care of them.—(Laughter.)
.
Witness—l can't say how that sir.
Mr. Justice MACLE—Howfar is Forest-gate from E.
ford ? Witneos—About a mile.