The Express.
London, England, 1853-10-31 00:00:00

LARGE MERCANTILE FAILURE.

An adjudica'TiTni;l;l7.:::upicy7Vrosti.s.--day made against
Lionel Gohisrnitli, merchant, of No 2, Queen-street, Cheap-
side, described as the surviving ririner of Samuel Gold-
smith, late of the same pace, deceased, and formerly
trading with Samuel Gaidsmith, under the tirm of " Gold-
smith Brothers." The amount of liabilities did not trans-
pire, but it is said that the assets will be very considerable.
The petitioning creditors are Messrs. Kerr and Scott, shawl
manufacturers, of St. l'aul'achambyard. Mr. Pennell has
been appointed the official assignee.

CENTRAL CRIMINAL COURT.
OLD COCHT.—SeTteDer.
DIME 111. starlet elliaalreLL AVID us. Jtlrelre 1/12,11AX1.
TRILL OF A RiILWAT ENLIINR DRIVER.
Richard l'ardifdftni and Joseph Mat. an engine driver
and fireman employed on tha (treat Northern Railway,
surrendered to take their trial for misdemeanor.
Mr. M. Chamber?, Q.C., and Mr. Clarkson were for the
prosecution. Mr. Setjeant Wilkins and Mr. Parry ap-
peared for the defendants.
Mr. Chambers said that this was a prosecution instituted
by the Great Northera Railway Companytin the perform-
ance of what they considered to be their duty to the
public against the defendants for misconduct, tending to
endanger the safety of the passengers upon the railway.
As the case might involve some difficulties in point et law,
he should ask their lordships to attend to the state-
ment of facts he should lay before them, and it would
be for the jury to say in the result, supposing the court
should be of opinion that the charge was sustainable in law,
whether the offence imputed to the defendants was made
out. The sensed persons acted in the capacity of engine
driver and fireman to an express train, which started from
the London terminus on the evening of the 31st August, at
five o'clock, and the accident which led to the present in-
quiry took place at the Homey station on that evening. It
appeared that at an earlier hour of the day an accident had
happened to a coal and timber train between Barnet and
Swingy, and this train being delayed in consequence, did
not arrive at the Hornsey station until five minutes before
five, and it was necessary that it should then be "shunted,"
as it was termed, across the down line into •
siding. The express train was not duo at Hora-
n,' until ten minutes past five, so that there
was a period of fourteen minutes for this operation. The
whale of the trucks, it appeared, had passed safely over,
bat it teemed that, unfortunately, as the tender was
riming, it got off the rails, and thus completely obstructed
the own line. The moment this was perceived, the dan-
gle signal at the station was put up, another danger signal
dust Ave hundred yard. up the line, towards London was
aim pat up, and a man was sent up the line to meet the
train, with red flag, which was also a danger sig-
nal.geal:d he proceeded to some distance beyond the second
st nal port. la addition to these precautions an electric
=asw sent to London, informing the persons there
line was obstructed ; in fact, everything • ppeared
le bawl been done that was possible by the persons at the
stetson to prevent an accident. Unfortunately, the ex-
press train had started when the message had reached Lon-
don, so that the only chance of preventing any misfortune
depended upon the persons having the charge of the engine
of the exprem train performing their duty properly by
paying attention to the rules and regulations of the company
with regard to the signals, and it was for their neglect in
that respect that the present charge arose. It would arras
that the train proceeded at the usual rate of speed woe
it arrived at Hornsey, and, according to the evidence, he
defendants were talking together at that time. In what
manner, however, they were engaged, it was clear that
they paid no attention to any of the signals that were out.
bind,and no steps were taken until too late to arrest the
train ; and the consequence wee that it ran WO he
tender, and by the collision a good many of the -tam pee
received very severe, although, he was happy es say, amen
of them were fatal injuries. It was hardly necessary he
him to state that it was a most important past of the
duty of persons in the position of the defendants to o
the rides and regulations of the company with regard
to the signals, and he was in a position to makE out me*
clearly that one of the defendants had not seta the ram
with the flag, who was still further up the line, yet if
they had attended to the fixed signal, which was more Om
five hundred yards from the station, they could withtfat
any difficulty have stopped the train, and thus have pre.
vented the accident. The learned counsel then proceeded
to state that the first three counts of the indictment wens
found upon the 13th and 14th sections of the act for rem
latiag railways; but as, he said, some difficulty
arms upon these counts as to the question of j
he thought it right to state that the charge would saki*
depend apse the construction that was te be put ulna the
lash section of the same act, by which it was enacted that
any person who should wilfully do, or cause to be done, trep
act tending to obstruct the passing of any soil=
or carriage upon a railway, or to endanger the si=
any pasaengen travelling on or upon such carriage,
be found 'silty of misdemeanour. The question, theeshee,
to be oonsidered was whether the act of the defend
care whirls the errealag of this chase, and whether nada
the aireeaseriest the defendants could be said to have wit.
tally driven their engine in a manner to endanger the
of the is in the train. The learned conned
by stprriYat it was clear the safety of passengers was
endangered because many of them were really injured
very seriously, but he was at the same time bound to
admit that, sapposiog there had been no obstruction, the
defendants were driving the train at a rate quite in accord-
ance with their duty.
Mr. Jae*, Cresswell said, then supposing no signal had
been cep tat defendants would only have beta acting is the
proper= of their duty ?
Undoubtedly that would be the fact.
Mr. Jailiseoasswell—Then the real offence with which
they me sicaped is not seeing the signal. Can you say that
Ala aismate as wilfully doing an act tending to endanger
the safety of the passengers. It is quite clear to me that it
is not.
Mr. Chambers—lt was an act of omissim, and not of
oossaialtta. certainly.
Mr. Justice Cresswell—Yes, but not of wilful omission.
Serpent Wilkins—Unless they intended to destr ay their
Own liyes.
Mr. Chambers called the attention of the court to the fact
that the defendan's would be proved to be talking together
at the time instead of keeping a look out, and it was their
undoubted duty to keep such a look out as to see any signals
that might be presented. There could be no doubt that it
was negligence on their part not to have seen the signal,
but of course he was aware that the question here was
whether the act imputed to the defendante amounted
to • misdemeanour under the act of parliament. The
directors, feeling their responsibility to the public, thought
they had as ether course, when they had reason to believe
that all the alp that were possible had been taken to stop
the train, mod Sat the signals had been disregarded, than
to ham a thirmalt inquiry, but he was instructed to state
at the tae thee that both the defendant, had been em-
ployed spat the liar for Wine years, and bore • very good
ehatestart, sad were looked upon with confidence. The
climates say tame forward to perform a public duty, and
after what had been stated by the court he felt it would be
idle to weepy tiers unnecessarily, and he should therefore
refrain tier calling any evidence.
Mr. ladies Cresswell, after conferring with Mr. Justice
Williams, said he was clearly of opinion that upon those
Donets which - framed under the 13th and 14th etc-

lionsago
esertwer•bm juidistion, -sa—h7—viarti— ‘
ions— ofth4heagpril been.__visio
n 6.4 by
nallpill probability, the accused, who
was to be taken before the Commissionen of Police, would
be dismissed the service, the accused wu liberated.
for the otwats was 'mentioned u the tribunal
to which suds a should be remitted. With respect
to the other um; which wu framed under the 15th section, LAMBETH.
he was of °pink& that the mere fact of omitting to see a Thomas Richardson and John Warr were charged with
signal would not aimaaat, auseding to the words of the breaking into the dwelling-house of Mr. William Williams,
statute, to " wilfully defog ea set to endanger the safety of in Richmond-plan, Old Kent-road, and stealing a quantity
the pump's.'of elate, about 31. is cash, and other property.
&meat Within. ttasatittA that this clause was clearly From the evidence it appeared, that at 11 o'clock ea the