The Sun. — 1846-09-25 (London, England)

RAIL.AY.— William Clare,late an engine-driver the Aastern Counties Railway, surrendered to take the 18th his trial on an indictment charging him with having, on 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 latform of the Stratford station on the Eastern Counties -ttailway. 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 manslaughter. He (the Attorney-General) was of opinion that this rule would govern them upon this occasion. He Would not detain them further with preliminary observations, 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 occasional 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 was in the habit of driving an engine for a considerable time before from Stratford to Romford, 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 he 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 lett, and the prisoner, Whose engine, with five or six empty trucks, was on a Bidjng, followed in five or six minutes after. The prisoner at ,first went, in obedience to orders, cautiously enough, but soon after, as he (the Attorney-neral) Would be in a condition to prove, he althouwas h observed driving at a furious speed, ghe Was aware that the train was only a quarter of a mile before him. He came in sight of one of the signals, which was so arranged as to show that he was to go on at a more moderate speed, and the prisoner while le in sight of the signal-man did go slower angly. (the Attorney-General) would now point out the distance 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 consequence. Raving thus briefly detailed the circumstances of the case, 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. Iliad resulted from the injuries caused by the concussion the Stratford station. Mr. Bush corroborated this evidence. Cross-examined by Mr.