The Sun.
London, England, 1845-10-03 00:00:00

EDMONTON PETTY SESSIONS.
(Before Mr. BUCHE, Chairman, and Mr. GrusoN.)
_Henry George Hewlett, clerk, and John Marshall, porter,
in the employment of the Eastern Counties Railway, ap-
peared to an information laid by John Whitticomb, on behalf
of the Company, which alleged that on the 7th of Septem-
ber, while at the Tottenham station, by the negligent perform-
ance of their duty, they did not remove, or cause to be
removed, a certain horse-box and passengers' carriage off the
rail, to the obstruction of the passage of a train, by which
obstruction an engine, to which a train of carriages was at-
tached, was forced off the rail, to the danger of the passengers,
and whereby the said engine was greatly damaged.
Mr. Wells, counsel for the Company, attended in support
of the infiguidgon.
Mr. Weil/rfated, that he appeared on the behalf of the
Directors of the Eastern Counties Railway Company, to
prefer the present charge, which was instituted under the sth
and 6th Victoria, c. 55, by which, upon any neglect of duty of
their officers (by which neglect passengers were likely to
have suffered a serious injury), such officers might imthe-
diately be taken into custody and conveyed before a magis-
trate. In the present case the Directors were unwilling to
act so harshly toward the defendant, and were desirous that
they should have a reasonable notice, in order that they
might prepare for their defence. The Directors felt it their
duty to adopt this proceeding, in order to assure the public
that no efforts on their part would be wanting to ensure the
safety of those who go on that line. He would be able to
Allow, from the evidence he should produce, that the most
efos.s negligence had been manifested by the defendants,
while at the Tottenham station, on the day mentioned in the
summons. In the afternoon of that day the Cambridge up-
train, which leaves Cambridge about four o'clock, has to be
in London about 45 minutes past 6. It would then pass the
Tottenham station about 20 minutes past 6. It was the
duty of the defendants to see that the up-rail was completely
clear: but it would be proved that at the time the Cambridge
up-train was expected to pass, there was an obstruction,
which was caused by a horse-box and passengers' carriage,—
that a collision was caused between the engine of the train
and the horse-box, with the carriage, by the effect of which
the engine was forced off the line. The passengers were
much frightened ; but, had not the engine-driver seen the
obstruction in time, there is no doubt that some lives would
have been lost. Both the defendants had been dismissed.
The Directors, however, in taking out these proceedings,
were desirous that it should be known by their servants, as
well as the servants of all other companies, that, by the Act
of Parliament, they have the power which we now put in
force. The defendants bad always, till this occasion, shown
themselves deserving of the confidence that had been pladed
in them.

Mr. W. Hansom, superintendent of the traffic department
of the Eastern Counties Railway, said that it was the duty of
the defendant Hewlett to see that the line was clear. The
defendant Marshall acted under his instructions. They were
both at the Tottenham station on the 7th of September. They
were aware that the Cambridge up-train would be at the
station about 20 minutes after six o'clock.

Cuainmax—How would they know that? Witness—
There is a time table.
CHAIRMAN—There is no time table when a train does not
stop at a station.

Witness—lf they attended to their duty properly they
would know that the train would pass within three or four
minutes of the time it did. It had been running since the
29th of July.

By the CuAramAs—ln removing the carriage and horse.
box the porter would consult the clerk, but if there was im.
mediate danger he would remove any obstruction without
orders.

Robert Winning, engine-driver, stated that on the 7th of
September he left Cambridge with the train about four
o'clock. He had a watch with him ; when at a distance of
about 100 or 150 yards from the Tottenham station, he ob-
served a signal near a shed. This was about 19 or 20
minutes after six o'clock. He immediately reversed the en-
gine, and gave an alarm by the whistle to the guard to put
on the breaks, which was done as quick as possible, when the
progress of the train was changed from 33 to 8 miles an hour.
The signal was by the waving of a hand. In a second or two
after he saw the flag. The train was not stopped until a horse-
box, which was partly on the line, was smashed to pieces, the
wheels of which got under the engine, by which it was forced
off the rails, and a passenger carriage was also forced across
the up and down rails.
By the Birch—The orders are when there is any obstruc-
tion, that a notice of half a mile should be given. My time
to be at Tottenham station is from 17 to 20 minutes past 6
o'clock. _ _

William Ayres, a guard, corroborated the evidence, and
stated that there were about 40 passengers in the carriages,
some ladies, all of whom were much frightened. The dis-
tance between the signal and the horse-box was about 100
yards.
James Blunt, a plate-layer, said that about five minutes
before the collision the clerk rdered Marshall to remove the
horse-box from the shed, and directed witness to assist him.
Before moving it Marshall placed the red flag against the
shed. The box had not been °At more than a minute before
they observed the train approaching.

The superintendent stated that the horse-box was not re-
quired till two o'clock on the following day, when it would
have been wanted for Alderman Copeland's horses.
The defendant Hewlett stated, that when the train was
expected he was employed, as it was his duty, in making up
his account in reference to the last train, which had passed
a few minutes before. They are his orders. Marshall knew
the time the train was expected, and it was entirely without
his knowledge that the horse-box was removed at the time
4t was, and he had no doubt but that Marshall had forgotten
the train was coming.
Marshall said that he removed the horse-box immediately,
having had his instructions from Hewlett, as he was accus-
tomed on all occasions to do.
James Blunt, being called by Marshall, said that whenever
they were ordered by Hewlett to remove a carriage, it was
always done instantly. On this occasion there was no caution
given.
The CHAIRMAN having expressed his regret that the de-
fendants, with the excellent character they had, should be
placed in the situation they then were, said that the Bench
had a duty to perform to protect the public. It was evident
that the passengers had been exposed to great danger in con-
sequence of their negligence.
Mr. Gibson observed that, had the collision been more
serious, and life had been lost, theywould have been tried for
a more heavy offence, fur which they would have been liable
to transportation for 14 years.
The defendants were severally fined in the mitigated
penalty of 405., or three weeks' imprisonment, the highest
penalty being 101., or in default two months' imprisonment.
The tines were paid.

POLICE INTELLIGENCE.
GUILDHALL.

Yesterday James Bolton, the driver of one of Messrs.
Deacon's waggons, was put to the bar before Mr. Alderman
Challis, charged with causing the death of a lad whose
name is unknown.

Mr. Brass, jun., of Silver•street, builder, stated that he was
standing opposite the house, No. 62, Aldermanbury, which
is under repair, and against which a ladder was raised, when
the waggon came up. There was a track drawn by two
boys on the other side of the street. The waggon had to pass
between, and is keeping clear of the ladder it ran against
the truck. The forewheel caught the handle of the truck,
and threw one of the boys down between the fore and hind
wheel. The latter passed over his head, and killed him on
the spot. The prisoner stopped directly he was called to,
but the mischief had happened. He was driving steadily,
and he did not impute misbehaviour to him.
Mr. Dunnington, of Aldermanbury, gave a similar account
of the accident, which occurred yesterday forenoon. He did
not consider the act was wilful or negligent.
The officer said he knew the owner of the truck.
A clerk from Messrs. Deacon's gave the prisoner a good
character as a careful steady driver.
_ _

Mr. Alderman CHALLIS said, that notwithstanding the
favourable tenour of the evidence, he must take care the pri-
soner should he forthcoming. The inquest would probably
be held to-morrow. It must be a consolation and satisfac-
tion to the prisoner to find that, though he had taken the
life' of a fellow-creature, he was not considered blameable.
He remanded him until Saturday, with leave to give bail.
QUEEN-SQUARE.

Maria Locke, wife of the manager, surgeon, accoucheur,
&c., to the "Royal Be!grave Lying-in Institution " (respect-
ing which some extraordinary disclosures took place a short
time since), and Edwin Locke, her son, were yesterday
charged with unlawfully obtaining several pairs of boots
from Mr. G. Cawthorpe,bootmaker, of 77, Tothill-street.
Mr. Cawthorpe proved, that at the request of the sons of
the female defendant he had, at various times, sent seven
pairs of boots to the house, for which he was unable to ob-
tain payment. The boy who delivered the articles was di-
rected not to leave them without payment ; but, being told
that Mrs. Locke, or one of her son., would call and pay his
master, he left them at the house. He had called at the
house several times, but Mrs. Locke was denied, and he had
been unable to obtain the
-money:

- A policeman, who had searched the defendant's house,
proved that he had found three pairs of boots belonging to
Mr. Cawthorpe. [ln the course of the proceedings the re-
maining four pair of boots were brought to the court by a
younger son of the female prisoner.]
Mrs. Locke said she had no intention of defrauding Mr.
Cawthorpe, and that she had gone to his house to ask for
credit for a week, as her husband was short of money.
Mr. BOND released the defendants on their promising to
attend at the Court on Saturday, to meet this or any other
charge.

WORSHIP-STREET.

Yesterday Mr. Vann, the solicitor, attended before Mr.
Broughton, accompanied by Mr. T. Auvache, a master
weaver, living in Manchester-street, Bethnal-green, on whose
behalf he solicited the magistrate's advice and assistance under
the following circumstances :
Mr. Vann stated that his client, Mr. Auvache, had given
some important evidence at the trial of James Tapping, the
man who was executed at the Old Bailey in the early part of
the present year for the murder of Emma Whiter, a young
woman to whom he had paid his addresses ; and after advert-
ing to the fact which had been elicited during the prelimi-
nary investigation of that melancholy case, that the mind of
the wretched criminal had been in the first instance inflamed
and exasperated against his unfortunate victim by receiving
a number of anonymous letters affecting her character, the
Learned Gentleman proceeded to state, that the subject of his
present application referred to a series of similar communica-
tions which had been sent to his client, referring to a young
woman named Brooks, to whom Mr. Auvache had for a
considerable period paid honourable attentions, and was
shortly to be married. The anonymous corre-
spondence of which he complained dated its commence-
2nent from the very week in which Tapping was
executed, and the letters having been for some time
confined to mere vague, but virulent imputations, upon the
,young woman's reputation, which his client was perfectly
sat;sfied were wholly false, he paid no attention to them ; but
their concealed author having lately given expression to
alarming invectives against the object of Mr. Auvache's
affections, and in the most direct and unambiguous terms
incited him to murder her, his client felt that it was high
time to take some decisive steps for the discovery of the
offender, and to obtain legal assistance for that purpose.
kis anonymous assailant, however
appeared by some means
to have become apprised of the course he had adopted; for
on the day after his client had placed the matter in his (Mr.
"Vann's) hands, he had
received another letter of a very
Alarming tendency, in which the writer, after declaring the
against tt•eladpplicant's intended wife,
most deadly vengeance
expressed his determinatioanr,,,aahtOtilemptMrt.o Auvachehi proceed
any further in the matter,
hand or protection, to lie in wait for I
voice? for the young woman'-
him and dash out his brains, ;nil)concluded by declaring that
he was fully prepared to expiate thi 'ion the scaffold,
and advised him to take this as aysseetereiLLismfeaund final warning 1
malignant and un-
the author's intentions. The
d Miss Brookes
relenting persecution to which his cliennot
atpprehension
bad been subjected had occasioned the eaant
yertfamiles,
and alarm both to themselves and their rweseitecani
iseeeTiebe
and, considering his own and the young
aced in imminent danger, he had determined upoan
li u 4 j.agistrate as to the best measures to adopl
i ~.7 'nal safety.
/...-... „ 4 ••, ! •f r 4 : ded to the magistrate a large bundle of
.‘ Jasiterk,', i,', ' • • 1 relating to the subject of the present ap-
mki.',..t - 1 licali 'Sic' ::' , ,
.s.rusing some of them,
441
hti:-_o9‘, - 41, ;.; :.sked the applicant if his sispicions
41411" 7.8'.0A. , :P1 t arperson
that he
to bet the author
. of
d,,
~ replied, had not the lightest
Ai a"