The Sun.
London, England, 1845-12-19 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—York, Ilse. 15.
(Before Mr. Justice ERLE.)
CHARGE OF MANSLAUGHTER.—DEATH OF THE LATE
Mn. BUTELEIL—Thomas Wheatley, a young man of
about 25 years of age, who had been out on bail to
appear to the present charge, and who had been engine-
driver upon the North Midland Railway, was indicted
for the crime of manslaighter, in having, on the 28th of
October last, at Royston, feloniously caused the death of
William Fuller Botelcr, Esq., by neglect and unskilfully
(!riving a pilot engine, of which the prisoner then ha•l
the management. The circumstances attending the
lamentable event will be in the recollection of everybody,
from the great interest which was excited at the time of
its occurrence. It was reported that Wheatley intended
to keep out of the way, but the result has proved other-
wise, and this morning he was put to the bar to take his
trial.

Mr. Hall, Mr. Boothby, and Mr. Pickering appeared
to conduct the prosecution ; and Mr. Bliss, with whom
was Mr. Overend, for the defence.

Mr. HALL opened the case by observing to the jury,
that it was one which had naturally caused a more than
ordinary interest in the public mind, on account of the
rank of the deceased gentleman, who had been one of
her Majesty's Counsel, a Commissioner of Bankruptcy
for the Leeds district, and Recorder of Maidstone, as
well as on occount of the known excellence of his cha-
racter and disposition, and those high attainments by
which he had been distinguished in life. This case must
also be of unusual importance, from the circumstance of
the melancholy loss of life having occurred upon a rail-
way, now that it had become an almost universal habit
with the people of this country to travel by railways.
It would appear that on the night of the clay in question,
Mr. Boteler set out from London by the mail-train to come
to Leeds. An accident happened to the train before
it arrived at Barnsley, but having got some temporary
repair, the train proceeded thither, and then con-
tinued on, a pilot engine being ordered forward
to its aid, and which followed after to overtake
it. From Barnsley, towards the north, there was a
considerable rise. The prisoner, it would be shown, had
put on steam, and had added speed, when he should have
slackened it, therefore he had been guilty of negligence.
Also, it would appear that he had not kept at his post
while on the pilot engine, for he was driving it without
keeping that look out ahead which was a part of his
business. Now, the law would protect every man in his
calling, so long as he properly conducted himself in its
pursuit ; but if he were guilty of such negligence as was
incompatible with the safety of others in that calling.
and so caused death, the law would hold him guilty of
the crime of manslaughter. One circumstance, render-
ing the prisoner's act inexcusable was, that the usual
lights were exhibited at the tail of the mail train, into
which he had run the pilot engine. And it would ap-
pear that he must have seen those lights on approaching
the train. Immediately after the collision, which arose
from his misconduct, a passenger by the train charged
him with it. The prisoner said there were "no lights."
But that passenger, having ascertained that there w ere
lights, then told him so, and to that information he
replied only by saying, that " they were very dim."
To account, in some measure, for the prisoner's negli-
gence, the jury would learn that there was a strong
south wind blowing at the time, and, perhaps, it might
be that he had so placed himself upon the engine so as
to screen himself from the wind, but in such a position
as to prevent him from performing the duties of his post.
It had further been alleged, on the part of the prisoner,
that the rail was slippery, but as the engine he drove
was at the time proceeding up an incline, that circum-
stance, if true, would operate a contrary way, and would
rather tend to retard than accelerate. It was also said
that the break of the pilot engine was imperfect ; but it
would be shown that that part of the machinery was
quite sufficientfor its purpose, and an officer, who had
been sent down by the Government to inquire into the
cause of this disaster, would be called before the jury
to establish this latter fact. Having detailed the facts
throughout, the Learned Gentleman proceeded to call the
witnesses for the prosecution.
The evidence did not materially differ from that given
on the coroner's inquest, which has already appeared in
The San.

After an address from Mr. Buss for the prisoner, the
jury retired for half an hour, and on their return said
that they found the prisoner Not Guilty.
A verdict of Acquittal was then entered upon a second
indictment, in which the prisoner was charged with
the manslaughter of John Stubbs, the polic-officer,
who died in consequence of injuries received upon the
same occasion.