The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-08-28 00:00:00

SIGNALLING AN EXPRESS TRAIN

TO STOP.

At the Hertford County Seasions, on Saturday, Mr. Hayes,
a gentleman residing at llerthigtordbury, appeared to an-
swer a charge pref. red against him by the Great Northern
tinny Company at ullawfully signalling a train to atop
without reasonable or slifficlent excuse for no doing. The
promedings were taken under the Act 31 and 32 Victoria,
cap. 119, which requires that the. e shall be provided means
of coummilication between passengers and guards and
divers of all railway trains travelling 20 miles without
stopping.

It appeared from the evidence that on the 12th
inst, the defendant left King's-cross by the 245 express,
to Manchester and Liverpool, which does not stop till
it reaches Peterborough. He should have got into a
'slip" carriage placed in the rear of the tram, which
is dropped at Hatfield, at which place he wanted to
atop; but instead of doing so he not into a earrage
labelled Bradford," placed nearly in the centre of he
train. Jir4 after passing Hatfield, Mr. Hayes pulled
the cord of communicatLin which runs outside the car-
riages, and the lriver and gnarl, hearing the gong on
the engine sound, looked mond and saw him at the
window of the 13roalfold carriage, making signs to the
effect that be wonted to get out at the station just
laniard. The guard sigeaded back that the train could
not be stopped for such a purpose, and the defimilard
by a gestirm intimated that be was satisfied. Shortly
Ater the train passed Hitchen the gong sounded again,
aa on its being brought nearly to a standstill the
defendant got out.
Mr. Haves, iii defence, nail he could not find a
‘• slip" carriage on at King's-cross. and got into the
Bradford carliage under the impression made upon his
mind by looking at the time table that the train
stopped at Hitchin.

The magistratea having conaulted for rome time, the
chairman announced thdr Iteißi4m. They were, he
*aid, of opinion that the offence charged had been
eommitte—that Idr. Hayes had need the memo of

c"muluniusti.,ll without reasonable and sufficient CAIII3O.
It ought never to be used except in grave and impor-
tant circumstances, such as murderous violence, sudden
illness, a carriage being found te fire, I,r other seriow
cir.utn.tancea of a similar kind. As, however, the
Great N stkern Railway (lompany had no vindictive
feeling in this matter, and as this was the first case of
the kind that had come before the Bench, they would
only inflict a penalty of ss. and the costs.
Mr. Webb said he was afraid that the publis would
infer from the amount of penalty that the magistratts
looked upon the offence as a very light .ot.e.
Mr. Oppenheim, (who :appeared for the Company)
said the remarks a the Bench were of more im-
portance than the amount of the penalty.
Mr. Cherry: " The Freed will give publicity to
my remarks."
Mr. Hayes is to be prosecuted at Hitchin for stop-
ping the traig fl, that district.

ANOTHER CASE.
At Wakefield, Mr. Thomas Flocton, of Stocktomon.
Tees, appeared to answer a char.& preferred against
him by the Great Northern Railway Company, of
wilfully and without sufficient cause making use lif the
means f communication between passenger and rail-
way servants. On the 9th of August the driver of the
10 25a m. express train from Leeds to London, when
be had reached Sandal, some twioand-a-half miles
beyond Wakefield heard his gong strike, and on look-
ing down the side of the train he saw a man gesticu-
lating at a carriage window, beckoning that he would
pull up at the next station. The driver went on until
tie reached Noistell, a short distance further. At this
place the defendalit alighted, and produced a ticket
from Holbeck to Westgate, Wakefield, and said his
intentinns were to go to Kirkgate station, in the latter
town, and finding that the train did not stop there,
he thought he was perfectly justified in the step he had
taken. As the express was leaving Nostell, a pilot
engine came in behind, and there was the po.sibility
that had the train been otepped outi-ide the signals, a
collision might have ensued.
In defence, it was urged that Mr. Flockton had been
telegraphed for to execute A Iteed, and as on previous
visite to Wakefield he had been taken to Kirkgate
station, he expected that the same course would be fol-
lowed on this occasion. When he found that he was
being carried out of his way, and being very anxious
to get to his destination, he consulted his fellow travel-
lers as to what he should do, and all tieing under the
impression that the only result would be to bring the
guard to them, it was considered that he was perfectly
justified in touching the signal.
Mr. Barratt, defendant's solicitor, complained bitterly
of the insufficiency of the instructions in tho.ealw,
carriage.
The bench held that the case had been completely
made out. The case being the first which had been
brought before them under the Act they merely
imposed a nominal penalty, which, including costs
amounted to 50s.