The Sun. — 1853-03-28 (London, England)

RAILWAY TRIALS.-CONVICT 1 OXS FOR  NEGLECT OF DUTY:  The High Court of Justiciary met at Edinburgh oii Thursday last for the trial of the officials of the North British Railway, implicated in the collision that took place at Portobello, on the Bth of October last. The. panels were five in number, of whom three were tried on Thursday. John M`Donald, engine-driver, Thomas Wilson, station-master, Portobello, and John Ilogarth, porter, Portobello, were placed at the bar, charged with culpable homicide, as also culpable neglect of duty ; in so far as on the Bth October last, a goods-train, consisting of eighteen trucks or waggons, drawn by a locomotive' engine, in charge of M`Donald, having arrived at r°ll10 bello from Edinburgh station at or about fifty-five in.' nutes past five o'clock, or at all events within fifteen minutes of the expected arrival of the 5.55 train from Edinburgh, Hogarth, in violation of his duty, neglected to present the fixed station signal at nal the west of the station to warn the mail train that the station was not clear, and Wilson neglected to see that the said signal was duly presented, and continued to be presented, while Wilson also neglected to take proper measures, and to issue the necessary orders for the clearing of the line for the passage of the mail-train ; and M'Donald, aware of the starting of the said train, neglected his duty to proceed with his own train to the first offset or siding, at the station, whichi. would hold it clear of the main line ; in consequence of all which, or part thereof, the mail train came into Tie. lent ,collision with the goods train, the porter of the goods train, named Stewart Ogilvie, was killed, and several of the passengers of the mail train were bruised and injured. At the close of the evidence for the prosecution, the charge against Hogarth was withdrawn, and the evidence on the subject of the signals being contradictory, the court directed the jury only to consider the other point. _ The jury found Wilson guilty of culpable neglect of duty in not clearing the station, and I,lPonald also guilty, in not removing his engine and train from the line, with this extenuation, that he was under the impression that he should attend to the orders of the guard' Sentence was delayed till next day. On Friday William Lyall, superintendent of the goods department, Edinburgh, and Alex. Ranie°3s foreman porter, and acting as day pilot-guard, were charged with culpable homicide, or culpable neglest o duty, in so far as, on the Bth of October, they or dered or permitted the irregular train to leave the Edinburgh station at about 5.45 p.m., or, M least, within 15 minutes of the time advertised for the starting of the mail train, with the object of depositing some of the trucks at the Portobello station, and soul: at Leith junction ; in consequence of which, the WA; train having started from Edinburgh at or about its usual time, the collision occurred as above stated. The charge against Lyall was withdrawn, and he Woe accordingly acquitted. The jury found the case against Ramsay not proven. Wilson and M‘Donald were then placed at the bar for sentence, and were awarded— Wilson eighteen months', and M`Donald four months', imprisonment. Throughout the trials the counsel on both sides, and especially the court, animadverted strongly at the laxity on the part of the servants of the company that wascountenanced by their superior officers, and which led t! such danger to the public. The Lord Justice Clerk r_e_ marked that the disclosures that had been made, made pretty evident that on a similar case occurring it would be the manager or the directors, and not the inferior. servants of the company, that .would be held responsible, should this laxity be allowed to continue.