The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-12-12 00:00:00

DAMAGE BY RAILWAY.

In the year 1867 the railway companies of the
United Kingdom paid £347,379 as compensation for
personal injury—the largest sum they ever paid in a
year for damage done to the person, and amounting to
more than MO a day. In that year 209 persons were
killed by railway aedidents, and 795 injured :-19 pas-
sengers were killed, and 689 injured from causes
beyond their control, and 17 were killed and 8 injured
through their own misconduct or want of caution.
Fifteen servants of railway companies or of contractors
were killed, and 62 inkired from causes beyond their
control, and 90 were killed and 28 injured through their
own misconduct or want of caution; 10 persons were
killed and 2 injured at level crossings; 57 trespassers
were killed (six were suicides), and live injured.
In the six years 1862-07 the railway companies paid
£1,460,568 as compensation for personal injury done
upon the railroads. In those six years 1,268 persons
were killd upon the railway's, and 4.426 injured ; and
among them were 112 passengers killed and 3,897 in-
jured without any fault of their own, and 97 passengers
killed and 29 injured owing to their own misconduct or
want of caution.
•

The risk of life in railway travelling may be expressed
thus i—ln the year 18 67 one in about tq million pas-
sengers was killed--namely, one ;n about every 16
millions from causes beyond his control, and one in
about every 18 milli°, s from his own misconduct or :
want of caution. This was below the average of the
casualties in the five years, 1862.66 ; in those five
years one passenger in about every seven millions was
killed,- - namely, one in about 13 millions without any
fault of his own, and one in about 15 millions, through
his own misconduct or want of caution. The result
has to be thus stated approximately only, because
there are no means of ascertaining the exact number
of passengers subject to the mischances of the road.
There are now 120,000 hollers of season and periodi-
cal tickets, and the returns rendered by the companies
give no estimate of the number of times these persons
travelled. In the above statement it has been assumed
that mason and periodical ticket-holders would pro-
bably upon an average travel not less than 150 times.

SEQUELS.
(In the Press.)

To follow Nature's Nobleman (by the author of
Backers cret), Society's .not (by the author of
Beautiful for Ever).
To follow the Sunshine of Oreyntone (by a Lady),
The Dulness of Blurt stone (by a Law Stuilent).
To follow The Lon of my Leisure .ilOard (by an old
Sailor), The Bore of my BlLBil46BMomeoLj (by an

Old Clerk).
To follow Wrerked in Port (by EDMUND YATES),
Swamped in claret (by HAROLD Powka).
To follow A Thorn in his Sole (by the author of
Edith's Marriage), A Pita in his Ear (by the
authoress of Edwin's Disappointment).—Punti.

The rate of mortality is on the increase. lAA week,
in London and thirteen other large towns of the United
Kingdom, the death-rate was gs per 1 non ;in London and
Dublin it was 2, in Edinburgh, Manchester and Newcastle,
32 ; in Bradford and Leeds, 3S and in Salford and “lafgow,
as Birmingham was the healthiest town in the list, and
there the rate was 21. In the metropolis 2,171 births and
1,672 deaths weje registered. The latter exceeded hy 79 the
estimated number, and by 111 the deaths recorded in the pre-
ceding week. Scarlatina carried on 107 persons, and bron-
chitis 270.

A NICE POINT IN LAW.

At the assizes, held at Derby, George Hughes has
been indicted for the wilful murder of George Kelk.

This case turned upon the question whether the pri-
soner was lathe lawful custody of the deceased at the
time of the commiesion of the act.
. .

---
The prisoner was a collier, living at Grassmoor.
The deceased was a coachman in the service of Mr.
John Bright, of Nether hall, Hathersage, and was
staying with his master at Mr. Drabble's at Bank
Close, Ilwdand, near Chesterfield. Between nine and
ten o'clock on the night of Saturday, the 26th of
Peptember, Mr. Bright heard a noise outside the
house, and he and a servant of Mr. Drabble, named
Holmes, went out at the front door and saw a
man in the carriage drive, whom they at once
seized. Mr. Bright asked the man what he
was doing there, and he replied that he had been
drinking and was lost. Mr. Bright asked how
he got there, and the prisoner pointed towards
the railway-bridge, and said some one had put him
over the bridge. He gave the name of Simon Burns,
and said he came from Grasermor. Mr. Bright then
told him he must be handed over to the police unless
he could give a better account of himself. Holmes,
the servant, said the prisoner had some potatoes in his
pocket, and Mr. Bright put his hand in the prisoner's
pocket, and took some out. They were dirty, as if
just taken out of the ground. Mr. Bright put them
back in the prisoner's pocket, and Holmes remarked
that they were similar to those growing in Mr.
Drabble's garden. They then took the prisoner
towards the turnpike road along the drive, and on the
way met the deceased. Mr. Bright's servant. Mr.
Bright said to Kelke, "We have taken this man trying
to get into the gar ten ; you must hand him over to the
police." Mr. Bright then returned to the house. Five
persons then came up. These were Bamford and his
wife, Nuttall and his wife, and Burnham. Bamford
asked the prisoner his name several times, but he
would not give it. lie then took load of his throat
and shook him. Holmes then went into the house to
fetch a coat, as it was raining. Bamford and the rest
then saw Kelk and the prisoner commence fighting or
wrestling. Bamford jumped over the wall and en-
deavoured to separate them. The had both fallen
to the ground, and Bamford took a knife from the pri-
soner's hand, and pulled the prisoner off the deceased.
The prisoner then ran away. The deceased was found
lying in a pool of blood. He was not dead, but he never
spoke again. He had received a wound from a knife in the
groin three inchealong and three or four deep, which had
severed the femnral artery, and which caused his death.
The prisoner, upon being questioned, asked if the
man was dead, and upon being told he was began to
cry, and said he should not be hung. He said, upon being
charged, "I am not aware that I have murdered any
one. I went to Chesterfield on Saturday morning and
got drunk. I remember having a row with a man, but
1 don't remember stabbing him. I had a brass hafted
knife when I went to Chesterfield before I got drunk.
I lost it somewhere that night ; I don't remember
where. I am very sorry for what I have done, but
hope they won't hang me. I don't remember stabbing
the man I was so very drunk."
Potatoes were found about the drive, and in the
garden it was found that a number of rows of potatoes
had been pulled up. There were marks upon the
palings which separated the kitchen-garden hem that
part in front of the house where the drive was. Some
of the iron spikes on the top of the !Wings were found
to have been broken off, and tootmarke were also Lund
in the kitchen-garden. There was a shrubbery on each
side of the drive, and a fence outside the shrubbery
along the whole length of the grounds.
Mr. Bristow, in opening the case for the prosecution,
said that he could not contend, under the circumstances
of this case, that the prisoner was "found committing"
an offence withiu the Larceny Act, and, therefore.
liable to be arrested by any person under section 108
of that Act ; but he should contend that the apprehen-
sion of the prisoner win lawful under the Vagrant Act,
Geo. IV., c. 83. By the 4th section of that Act
certain persons are declared tube rogues and vagabonds
within the meaning of the Act and punishable under
it, and, among others, "every person being found in
or upon any dwelling-house, &e., or in any enclosed
yard, garden, or area for any unlawful purpose." By
section 6, "It shall be lawful for any person whatever
to apprehend any person who shall he found offending
against this Act, and forthwith to take and convey him
before some justice of the peace, &c., or to deliver
him to any constable," &c.
Mr. Justice Byles asked if reliance was placed upon
the taking forthwith before a justice.
Mr. Bristowe replied that he relied upon the words,
"Deliver into to any constable."
At the close of the case for the prosecution Mr.
Vernon Blackburn, on the part of the prisoner, sub-
mitted that there was no case to go to the jury upon

the charge of wilful murder. The place w ere 'the
man was arrested wa, not a "yard, garden, or area,"
nor was it "enclosed" within the meaning of the net.
If he had been found in the kitchen garden within the
paling that would have been within the Act. shrub-
beries and meadows within a ring fence are not
"enclosed." Nor was the prisoner there for an un-
lawful purpose. The word " purpose " applied to
seine act about to be committed. Here, if there was
any evidence of any offence at all, it WAR of one which
had been committed. 'The object of the Act was to
give power to apprehend persons loitering about with
intent to commit unlawful acts.

His lordship, after hearing counsel at length upon
both sides, said—l shall not stop tbe ease, but you
will address the jury upon the winds matter, and I
shall ask them whether, in common parlanc, this Was
a yard, garden, or area. In suunllB4 up the learned
judge went through the whole of the facts, and ex-
plained the general law upon the subject. Ile tlicn
said themain question was whether the spot where the
prisoner was taken was an enclosed yard, garden, or
area. Mr. Bright said it was a shrubbery. There
was no flowers and no fruit growing there, and there
was a flower garden and a kitchen garden near the
house, which were enclosed. His Lordship continued
—I have my own opinion, awl possibly you may have
divined it ; but I hail rather you decided for your-
selves. Considering the darkness of the night, and
the struggle lasting for some minutes, I think you can
hardly say he intended to stab the man exactly where
, he did, but in whatever way he used the knife he
would be guilty of manslaughter at the least. If this
was not a garden, and the arrest was on that account
still no one ems justify taking life in such cir-
cumstances.
The jury, after a few minutes' deliberation, found a
verdict of Cmilty M manslaughter, and his Lordship,
saying that he doubted whether the prisoner intended
when lie struck the blow to take the life of the de-
ceassid, sentenced him to fifteen yetus' penal servitude.