The Sun.
London, England, 1858-10-06 00:00:00

THE LATE FATAL RAIL TrA 17 ACCI-
DENT NEAR DUDLEY.

SPECIAL VERDICT OF THE JURY.
BRIERLEY HILL, TUESDAY.
The jury empannelled as to the deaths of the 13
persons killed by the collision which took place be-
tween the Brettel-lane and Round-oak stations of
the Oxford, Worcester, and Wolverhampton Rail-
way on 23d August, reassembled yesterday for the
seventh time, for the purpose of concluding their
investigation, at the Bell Inn at this place.
It had been arranged, after the termination of the
evidence on Thursday last, that the coroner should

•
read through the voluminous depositions, and that
after that the inquiry should be adjourned till two
this afternoon, when he would proceed to sum up
the evidence.
At the hour appointed the jury reassembled, and
Mr. Sheriff, general manager ; Mr. E. Wilson, en-
gineer ; Mr. jr. T. Adcock, secretary ; with Mr.
Wood, of the general manager's office, and other
authorities of the company, together with Mr. King
of the firm of Collis, Bernard, and King, of Stour-
bridge, were present, as were also the several legal
gentlemen who had been watching the inquiry on
behalf of the relatives and friends of the deceased
parties.

The Coroner, on taking his seat, inquired if Cooke
the guard of the excursion train, was in attendance,
and being answered in the affirmative, Cooke was
call2d before the jury.
The Coroner addressing him said—You are called
before the jury, and it is my duty to ask you if you
have any other statement to make in addition to
the evidence you have already given, and which has
been read over to you. If you have it will be taken
down by me in writing, and may be used as evidence
against you at your trial, if it should be my duty
to commit you, and if the jury should find you
guilty.
Cooke replied that he had nothing to add to the
evidence he had already given.
The Coroner then proceeded to address the jury.
He remarked that he had to thank them for the
great patience they had bestowed upon this very
painful investigation, which he doubted not would
prove to the benefit of the public at large. He
should detain them as short a time as possible in
recapitulating the evidence which had been pre-
sented to their notice. It appeared that on the 23d
of August last Mr. Sheriff, the general manager of
the Oxford, Worcester, and Wolverhampton Com-
pany, issued a placard signed by his name for an
excursion of school children, their parents, and
teachers, from Wolverhampton to Worcester, at a
shilling less than the usual fare, and that a great
number of people other than the parents and
teachers availed themselves of the excursion. Mr.
Sheriff in his evidence stated that all the minor
points in connection with the excursion train and
its passage to and from Worcester were entrusted
to Mr. Adcock-, the secretary and superintendent,
and Mr. Harris, his assistant. The coroner then
proceeded to recapitulate the evidence relating to
the morning journey from Wolverhampton to Wor-
cester, when the coupling irons of some of the car-
riages were represented as having broken twice
during that journey. He then referred to the se-
paration of the train on the return journey from
Worcester in the evening—the first portion of the
train, consisting of 28 carriages and a break van,
and the latter portion of 16 caariages and a break
van. Having detailed their course up to the point
of the collision between the Round-oak and Brettel-
lane stations, when the coupling-irons separated,
permitting 14 or 15 carriages and break to run down
the incline, he proceeded to observe that it was his
duty to beg of them to dismiss from their minds any
prejudice of whatever description which they might
have heard out of doors with reference to the sub-

ject of the inquiry. He would, however, observe,
in reference to the quality of the iron, that it had
been stated in evidence that the iron was of fair
quality of which the shackles were composed, and
through which the accident happened at Round-
oak. It was, he must say, strongly asserted by
scientific men of great experience, that Cooke had
not his break on in proper time after leaving the
Round-oak station, and which, had it been so,
would have prevented the lamentable occurrence ;
aud, consequently, would have obviated the neces-
sity of the jury being present on such a painful in-
quiry. lie must, however, tell them that if Cooke
did not put on his break in the ordinary perform-
ance of his duty as guard on that occasion, a ver-
dict of manslaughter must be returned against him.
It was, however, for them to consider whether the
evidence led to such a conclusion.

The jury then, at four o'clock, retired, and at
half-past six returned a verdict of manslaughter
against Cooke, the guard. The following appendix
was also agreed to by nine of the jury, and dis-
sented from by five :—" The jury, in givin,, their
verdict in this very important inquiry, feelt they
are called upon to deliver their opinion, and in the
performance of their duty to the public to pro-
nounce their opinion as to the general manage-
ment of the Oxford, Worcester, and Wolverhamp-
ton Railway, derived from the official evidence that
has been produced before them on this occasion—
namely, that of gross insubordinate conduct on the
part of their station-master, in the apparent uncon-
cern of the higher authorities thereto, that suffi-
cient care is not used in selecting the materials,
such as chains, shackles, &c., and also as to
quality and workmanship. That from the
apparent irresponsibility of officials of the com-
pany, from the highest to the lowest, it
is the opinion of the jury that a suffi-
cient number of servants are not employed at their
various stations for the safety and comfort of the
public. The jury also censure in the strongest
terms the practice of allowing the public to ride in
the second-class break carriages, where the break
is exposed to the use of passengers, and unprotected
by any servant of the company."
The Coroner stated that he could only receive
the verdict of manslaughter, and could only enter
that on the requisition. Ile accordingly issued his
warrant for the apprehension of Cooke, who, being
in attendance, was immediately taken into custody.
The Coroner then adjourned the Court until four
o'clock to-morrow (this day) for the purpose of
having the requisition signed by the jury.