The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-03-30 00:00:00

MANSLAUGHTER

Dennis Baxter. aged 30, and William Breyers. aged 20, were
charged with having caused the death of Alice Hunt.
Mr. HULTON conducted the prosecution, and Mr. Warily
defended the prisoner Breyers.
The prisoners had acted as engineer and fireman on one of
the engines of the Livezpool and Birmingham Grand Junction
Railway Company. The charge against them was that on the
9th of- September last, they, through negligence, caused the
death of Alice Hunt, by suffering the Grand Junction train to
run against the Bolton train.
It appeared that on the 9th September last the deceased took
her place in the Bolton train, which proceeded to the Kingston
Junction, where it had to be attached to the Manchester train,
which it seems was somewhat late. It arrived there about seven
o'clock in the evening. The weather was somewhat foggy, and
some rain had fallen. While the proper persons were engaged
in fastening the two trains together, an alarm was given that
the Birmingham train was coming up. Two men, Thus. Mort
and John Warburton, ran forward and made signals for the
Birmingham train to stop. It was at this time about three
quarters of a mile off, and rt was seen that the steam from the
engine had been turned off. The Bolton train had the signal.
lamps up. Mort and Warburton seeing that the train was corn-
ing at the rate (in their opinion) of thirty miles per hour, called
to the people in the Bolton train to get out. Sand was thrown
on the rails with the view of increasing the friction, and War-
burton ran some distance .forward repeating the signals for the
train to stop. It however came up at the rate of about fifteen
miles per hour, and struck against the Bolton train, breaking
several of the carriages to pieces. When the carriages were
examined, Mrs. Hunt was found lying insensible in one of the
carriages.
The surgeon who attended the deceased detailed the injuries
which she had received. The witnesses generally agreed, that
it was the'duty of the engineer to keep a look-out, and that the
fireman also was expected to do so when not otherwise employ-
ed. The usual mode of stopping the train, it.appeared, was, to
throw off the steam and let down the breaks. the rain, it was
stated, which had' fallen, would make it more difficult for the
trains to stop. The engineer had a break to the engine, and
the guard also had charge of breaks, which it was necessary for
him to put down when the train was to be quickly stopped. The
engineer was seen with his hand on the break as the engine
shot past one of the witnesses.
Mr. MURPHY addressed the jury in defence of his client,
contending that, as a fireman he might have been employed at-
tending to the fires, and could not therefore be expected to be
always on the lank •
Baxter, who was undefended, stated, that he was examining
the glass tube, which indicates the height of the water in the
boiler, when the firemen turned off the steam, and told him that
there was a light in .front. The fireman ran to the break, and
he ran to the lever. This lever, which governed the eccentric
was out of order, and it was tied up to the railing to prevent it
from slipping out. It was tied so fast that he could not undo it,
consequently he was unable to reverse the engine in-time.
Collier, the engineer of the Bolton train, was recalled, and
he proved that the lever was tied. If it had been in repair, it
would not have required to be tied.
His Lordship summed up with great minuteness.
The Jury retired. They returned in about half an hour, and
on their return they gave in a verdict of guilty against Baxter,
'acquitting Breyers.
The sentence not passed upon Baxter.