The Sun.
London, England, 1853-08-22 00:00:00

it.ATLWAY COMPANY.
This was an action brought by the executor of the
late Mr. Constantine Carati, a Greek merchant and
broker residing at Glasgow, who was killed by a railway
accident near .Bolton, in March last, on the defendants'
railway, to recover damages for his family for his loss.
The Attorney-General for the County Palatine, Mr.
Hill, Q.C. and Mr. As land appeared for the plaintiff;
and Mr. 'Serjeant Wilkins, Mr. Tomlinson, and Mr.
Marshall for the defendants.
It appeared that the plaintiff was travelling on the
defendants' railway, on the 4th of March last, by a train
which left Belton at 5.45. After passing Halshaw-moor
station the speed was increased, until, according to
various witnesses, the train was going at about 40 miles
crashese heardii :
the and
late felt
iv, r aid
Caratii
thean hour, and there was great oscillation. On arriving
at Dixon's-fold station " a sudden jerk" was felt by the
trwaains was
passengers, then a " jumping motion," and two or three
discovered to be off the line. After running about 70
thrown over, and he was severely injured and taken to
the Manchester Infirmary after some delay. There he
yards,separate
ia4 weree in
wile
remained until the 10th of April, when he died from the
injuries he had received. At the coroner's inquest which
followed, Mr. J. Nasmyth had been requested to examine
the line, which he did with others. Some of the sleepers
were longitudinal, and the bolts fastening the chairs of
the rails were some of them loose and raised an inch—
some so loose that they could be pulled out by the fingers.
Many of the sleepers of the permanent way were decayed.
The chairs were spiked down on the sleepers, and this
mode of fastening had in some cases split the sleepers,
and the motion of the trains had loosened the spikes.
In other cases the rotting of the sleepers had left the
spikes loose. These spikes were driven every three or
four feet, and were not an efficient fastening. From
these causes the permanent way was unsafe and the
gauge not maintained. The engine used was a four-
wheeled engine, and one of the axles was broken. Six-
wheeled engines were safer, as if one axle were broken
the engine could still go on. In the opinion of Mr.
Nasmyth 40 miles an hour was not a safe speed with the
line in this state, and four-wheeled engines were parti-
cularly unsafe hen a line was in this condition. In
his opinion,
the train had run off the line from the gauge
not being maintained, and the wheels of the engine run-
ning between the rails, and not from the breaking of the
axle. The fracture at the axle had been very gradual.
Instead of being right across, a piece had evidently hel
on to the very last, and there was a burnished appearanc
on the face of the adjoining parts of the fracture, as i
they had been in attrition against each other. Many o
the rails were loose. Four-wheeled engines were bette
where there were many curves on a line. There were
many severe curves on this line. As evidence to esti-
mate the damages which ought to be awarded, it was
proved that the deceased had carried on business 10 or
11 years at Glasgow as a broker for export to a large
extent, and his net income was estimated by various
witnesses to be from 1,500/. to 2,500/. a year. He had
a wife and two children living at Lytham, and had had
a child born since his death, and supported his father
and mother at Constantinople. It also came out in evi-
dence that he supported one Annie Brown, who had
children by him, and to whom he left 400/. by his will,
and an annuity of 1001. to his wife.
At this period the defendants offered terms to the
plaintiff, which were accepted, and a verdict was taken
for the plaintiff—damages, 3,0001., which were appor-
tioned by the jury—ls. for the eceased's father and
mother, one quarter to his widow, and the residue to his
three children.
There were five other actions against the same com-
pany, arising out of the same accident, which were also
arranged. In " Tritton v. The Company," a verdict
was taken for 2,000/. damages; in "Pugh v. The Same,"
for 1,0001. ; in " Sofiano et ux. v. The Same," for 150/.
in " Sofiano v. The Same," for 100/. ; and in " Kay v,
The Same," for 1,050/.—being a total of 7,300/. damages.
Another ease, of "Ford v. the Midland Railway
Company," was also settled by the plaintiff's counsel
agreeing to accept 500/. for injuries suffered in a colli-
sion. The plaintiff has died during the assizes.
Mr. Serjeant Wilkins wished, on behalf of the Lan-
cashire and Yorkshire Railway Company, to state that
the directors greatly deplored and commiserated the
sufferings to which the several plaintiffs had been sub-
jected in consequence of the accident. They had pur-
chased the line six years ago, and found that it had been
made under the first contract in an inefficient manner.
The traffic upon the line was immense, and it was im-
possible to close it altogether ; but from that time to
the present the directors had kept relaying the perma-
nent way and improving it. The directors had behaved
with great liberality, and he hoped they would stand
well with the public. Fewer accidents had occurred on
their line than on any other, and from the damages they
had had to pay for this accident, it would be seen that
self-interest alone would induce them to keep their per-
manent way well.
Mr. Justice Erie said, he thought the damages now
paid would be a matter to quiet the public mind with
respect to proper care being taken to avoid railway
accidents. A great desire had been manifested to make
railway directors felons, by prosecuting them for man-
slaughter in cases of death from railway accidents. It
had, however, always been his opinion, that civil actions
and the costs imposed consequently would secure proper
\ care.

ICROWN COURT.—(Before Mr. Justice Wightman.)
Patrick Livingstone, an Irishman, was indicted for
having, on the 9th of August, feloniously stabbed Den-
nis Carrol in the face, with intent to maim and disable
him, to do him some grievous bodily harm, and to pre-
vent his lawful apprehension.
Mr. lihshton prosecuted, and Mr. T. Atkinson de-
fended the prisoner.
The prosecutor, a policeman, accompanied by another
constable, went to apprehend the prisoner on the night
of the 9th March last, on a charge of stabbing a man
named Michael M'Loughlin, in an Irish row. The pri-
soner was in a house with two other men and 15 or 16
women. On telling the prisoner the charge against
him, and that he had come to arrest him, the prisoner
pulled a clasp knife out of his pocket and threatened to
drive it through the prosecutor if he came near him.
Not being able to get near the prisoner, the policeman
left the house, but returned again in a short time. The
prosecutor and two other policemen then knocked at the
cellar-door outside, and threatened to break it open if
not admitted. A woman opened it, and they entered.
The prisoner did not appear to be there, but the prose-
cutor said, he must search a closet before which a table
was placed. On stooping to look into the closet the
prosecutor received a stab in the cheek from the pri-
soner, who cried out, "I am here ; I may as well be hung
for you now as at any other time." The prosecutor was
carried out wounded, and the prisoner threatened to
kill any one who came in to take him. The other
policeman then entered the cellar again, and found the
prisoner gone back to the closet. They told him to
come out and throw up his knife like a man, and pro-
mised not to hurt him, and he then came out and shut
up his knife, which was wet with blood, and gave it up,
saying, " It's all right, I've had my will of Carrol."
The learned counsel for the defence having addressed
the jury,
His lordship summed up ; and
The jury found the prisoner guilty of wounding, with
intent to do grievous bodily harm.
He was sentenced to be transported for seven years.
William, Royle, Thomas Coyle, and William. .Hill,
were indicted for cutting and wounding James Cromp-
ton with intent to do some grievous bodily harm, at
Pendelton, on the 2d inst.
Mr. J. Cross and A. Cross prosecuted • Mr. Bliss,
Q.C., and Mr. Fry defended Royle and Hill, and Mr.
Wheeler defended Coyle.
The prosecutor, it appeared, is a dyer, carrying on his
business at Ford-lane, Pendleton, and the prisoners are
all dyers. A strike having arisen among the dyers, who
turned out, they attempted to force out the men em-
ployed by the prosecutor, numbering about 150, who,
being satisfied with their wages' did not join the turn-
out. About half-past 5 o'clock on the 2d inst. about
80 or 100 " turn-outs," armed with sticks, went to the
prosecutor's works, and four or five advanced to the
prosecutor, crying out, " Here the devil is," and began
to beat him violently over the head and shoulders with
their sticks, striking him down and crying
out
him, kill him." The prosecutor got awayot,n some‘‘ policemen coming up, and concealed himself. Coyle,
who was on the roof of a building with a half brick in his
hand, directed the crowd to where the prosecutor had
gone, and the dour was broken open, and he was
dragged out and again struck a severe blow' on the fore-
head. The police, headed by Sir Elkanah Armitage,
then came up and rescued him. The prisoners Royle
and Hill were identified as two of the men who had
attacked him. The prosecutor was found to have re-
ceived very severe injuries on the head, a dangerous
scalp wound, and various other contusions.
On the part of the prisoners an alibi was set up, that,
though in the neighbourhood, they were not present at
the riot.

His Lordship having summed up,
The jury found Royle and Hill guilty of wounding,
with intent to do grievous bodily harm, and acquitted
Coyle. _ _ _

The sentence was deferred.
This case concluded the criminal business of the
assizes, and his Lordship proceeded to try common
jury cases.

ELECTRIC GAS AS A MOTIVE POWER.—The application
of electric gas as a motive power has been discovered to
possess extraordinary advantages—a machine appended
to a steam engine will generate gas sufficient to supply
as much power as the ordinary furnaces. An extraor-
dinary fact, we may mention, as au evidence of the appre-
ciation of its value by practical men, is, that the London
and North Western and the South-Eastern Railway Com-
to which they have affixed their
panLs have already entered into contracts with the Elec-
t:a-
of the discovery for
their locomotives.—Mining Journal.
i:peGctivso Cc:111'17113071Y seals, for the use
CHARTERTIOUSE. —THE TALBOT SCHOLABSHIP.—The
first examination for this scholarship, which has been
recently founded in commemoration of the late Hon. J.
C. Talbot, Q.C., who was educated at the Charterhouse,
commenced on Thursday week, and terminated on Tues-
day morning, when the examiners (the Rev. Dr. Haw-
trey, Provost of Eton, and the Rev. Dr. Russell, for-
merly head-master of Charterhouse School), awarded the
Talbot Scholarship and Medal to Mr. Newmarch, an
the second prize of books to Mr. Blore. They also ma d
honourable mention of Mr. Shackell, as nearly equal to
the two above-mentioned. The scholarship is tenable at
any college or hall at Oxford, Cambridge, Durham, or
Dublin.