The Express.
London, England, 1853-09-16 00:00:00

THE POLICE COURTS.

MANSION-HOUSE.

Thomas Swift was brought before Alderman Hunter
upon the charge of "having," according to the words of
the police sheet, "improperly put the break on the wheels
of the carriages of the Blackwell Railway while in motion
between Blackwell and London."

Mr. Tyerman, of the firm of Hollingsworth, Tyerman,
and Johnston, of Gresham-street, solicitors to the Landon
and Blackwell Railway C =patty, appeared for the prose-
cution. No charge of such offence had, it was stated, been
ever before brought before a magistrate.
Mr. Tyerman said he appeared on behalf of the company
to establish a charge of a very serious nature, inasmuch as
the lives cf a great number of persona were placed in jeo-
pardy by the extraordinary net of the defendant, who was
wholly unknown to those who bad the earn and superin-
tendence of the line. The prosecution was undertaken upon
the 13th section of the 3rd and 4th Victoria, esp. 97, which
said, " And be it enacted that from and after the passing of
this act, every person who shall wilfully do or cause to be
done anything in such manner as to obstruct any engine or
carriage, using any railway, or to endanger the safety of
persons conveyed in or upon the same, or shall aid or assist
therein, shall be guilty of a misdemeanour, and being con-
victed thereof, shall be liable at the discretion of the court
before which he shall have been convicted to be imprisoned
with or without hard labour fur any time, not exceeding two
yean"
Thomas Penny, underguard to a train of the London and
Blackwell Railway Company, said I was on the train which
left Blackwell yesterday morning at twenty minutes before
seven e'clock. When wo got to Shadwell wo found that
the defendant was in one of the break carriages. No pas-
sengers were allowed in that carriage at all. It is used
only fur the purpose of stopping the train, or impeding its
progress. I usually ride in it. Sametimes I go alone in
it. I was last night in one of the break carriages, without
any fellow-servant; to assist me. There; was a carriage
between that in which he was and that 'in which I was.
About a quarter of a mile front the Fenehureb-street ter-
minus I saw the break of the carriage in which he was
was on, but I did not see him put it on. It con-
tinned on about forty yards. He took the break off
before we came to Lcman.strrct. I saw the
wheel' strike fire along the middle of the carriage. He
did not seem to me to be sober when we got to London.
There is no station between Shadwell and London. I had
not the control over the train. The guard who had the
control was in front of me.

Alderman Hunter—Were there no mesas of communi-
cation between you and the guard? Witness—No.
Alderman Hunter—What did you do when you saw that
the break was put on ?
Witneu—l did not do anything. If we bad stopped the
train when he had put on the break, some accident might
have happened. He put on the break again before we
came to the Minnie/ station, and kept it on till we came
to the London Station. I then asked him what he bad
been doing, end told him he was quite wrong. He said he
was not, and I took him to the guard in front of the train
and mentioned what he had been doing. The defendant
said he bad not touched the break all the way along.
lam sure the break was put on three times. The speed of
the train was impeded by it. George Thornton, • servant
to the North London Railway Company, was in the break
carriage in which the defendant was. The defendant told
its that he had got in the carriage et Lintel:louse.
George Thornton said—l am in the employment of the
North London Railway Company, which joins at Stepney
the Blackwell Railway. I got on the break lost night at
twenty minutes to 7, at the Shadwell station, to come to
the Firchurch station. I always do so. Tho defendant
was on the break when I got on. He said to me, "Are you
going to London ?" I said I was. Ho appeared to be a
little intoxicated. There is no seat in the break, and he
was obliged to stand, and he had hold of the break, so I
did not know whether he was able to walk. I thought
that he was a servant to the Blackwell Railway Company,
and therefore that he knew what he was about. I saw
him put the break down three times.
Alderman Hunter—Did you say anything to him when
you saw him put down the break ?
Witness—No, I had nothing to do with it, and had no
talk with him. Ile stopped the speed of the train. As my
train concluded at the terminus, I jumped off and left the
place. I did not see him in custody. I saw him tutu the
screw of the break three times during the journey.
John Young—l am the guard to the London and Black-
wall Railway, and left Blackwell last night in the train at
the hour above stated. I was in the next carriage to the
engine, and before going into the terminus I found the
train slacken its speed more than it ought. The first wit-
ness brought the defendant to me, as he thought I would
blame him on account of the check to the speed, and said
the defendant had put on the break three times
between Shadwell and London. I directed him to give the
defendant into custody. The defendant said be was very
sorry if he had done anything wrong. The carriage in
which the defendant was was a fiat one, and the break works
with a screw which is turned round. It was necessary to
turn the screw several times before the break could act
upon the wheel, what the defendant did could not have
been accidentally done. He is a complete stranger to me,
and had no authority at all to he upon that break. Ido
not know where he got on. I could not get from my
position on the train to the lower part of it.
Alderman Hunter—According to the rules of the slow
pithy would he be admitted into one of the breaks if the
public carriages were all full ?
Witness—lle would be allowed in such a case to go on
the break carriage.
Alderman Hunter—Was the train a full ens ?
Witness—lt was a very good train, bat it was not full.
There was plenty of room. There was about 200 pas-
sengers. The defendant was decidedly tipsy. Re did not
say what class passenger he was. I would most likely, if I
bad seen him, have prevented hint from going or. removed
him. The ticket would be delivered to the porter at the
station where he got in.
Alderman Hunter—lf an accident had occurred 50 or 60
persons might have lost their lives. Well, defendant, who
and what are you ?
The defendant—l am • fitter to steam-boat engine works.
and was in Messrs. Scott and Russell's employment up to
the time of the fire. I see now that I was wrong in doing
what I have done, and I am my sorry for it.
Mr. Tyannan—Os behalf of the Blackwall Railway
Company, I call epos the leagiatrele he email the pea-