Glasgow Courier. — 1858-10-02 (Glasgow, Strathclyde, Scotland)

CULPABLE HOMICIDE.  William Forrester was accused of the crime of culpable homicide, in so far as on Monday, the 3d of May last, he having been in charge of, and having the direction and management as engineman of a steam-engine, and of the winding and other machinery therewith connected, at the mouth of a new pit called No. 3 Shank Pit, then in course of being sunk, and situated at Temple Lock or Bridge, near Netherton, parish of East Kilpatrick, and possessed by Jas. Barclay, coalmaster at Garscube Colliery; and which steam-engine was used for lowering and raising from the pit, in a vessel called a kettle, the workmen employed therein, and which winding machinery was capable of being thrown into or out of gearing with the engine, as might be required, and it having been his special duty,when the said winding machinery was out of gearing with the engine, and any workman required to be lowered into the pit, carefully to bring the winding machinery into gearing with the engine. Nevertheless, time and place above libelled, the winding machinery having been for a time out of gearing, and the now deceased Robert Donaldson and Daniel Kelly, then workmen employed at the pit, having required to descend the pit, and he, the said. William Forrester, having brought the machinery into gearing for the purpose of lowering the said workmen, did recklessly fail to secure the winding machinery by properly screwing the plumber-block to the sole plate, and fail to place the key or jib securely in its position, and the men having been lowered about ten fathoms, the plumber-block did in consequence of his neglect slip back, and the winding machinery did in consequence suddenly get out of gearing, and the kettle did descend the pit with great velocity to the bottom, a depth of sixty fathoms, whereby the said Robert Donaldson and Daniel Kelly were deprived of life. Panel, who was defended by Mr Moncrieff, pleaded not guilty. From the evidence for the prosecution, it appeared that the key had been found, after the accident, on the spot where it was usually kept, beside the engine, and the inference was that panel had neglected to place it in position. For the defence, it was alleged that the machinery was in a defective state, and that in consequence the key had slipped out while the machinery was in motion. Panel in his declaration stated that the engine had been out of gearing shortly before the accident; but that before the men were lowered he had placed the key in position. After trial the jury returned a verdict, finding by a large majority the charge not proven. Agnes Hutton and Jean Green or Qtl9Xll.B were accused, the former of having on Wednesday, the 23d of June last, stolen a gold watch and cotton bedcover from the house of James Brook, clerk, residing in Hospital Street; aftd the latter of resetting the stolen watch, aggravated by previous conviction in the case of Hutton. Querns was out on bail. The prisoners pleaded not guilty. After trial the Advocate-Depute withdrew the charge against Querns. Hutton was convicted and sentenced to 18 months' imprisonment. William M`fifillan, accused of assault and robbery, was sentenced to seven years' penal servitude. John Stewart Caldwell, John Cadzow, and William Sloan, were accused with breaking into the goods shed of the Caledonian Railway at Wishaw. Panels pled not guilty, but after trial, Caldwell was sentenced, to seven years' penal servitude, and Cacizow and Sloan were cliamissed from the bar. Catherine Kelly or M`Kenzie, for uttering base coin, was sentenced to two years' imprisonment. James Broadfoot, Wm. Brown, and Charles, WlCendrick were charged with theft. Broadfoot and Brown were sentenced to eighteen months, and M`Kendrick to four years' penal servitude. The Court then adjourned till next morning at ten o'clock.