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

SCOTLAND.  RAILWAY TRIALS,CONVIOTIONS FOR  NEGLECT OF DUTY. The High Court of Justiciary met at Edinburgh on Thursday last fpr the trial of the officials of the Nom, Elitists Railway, implicated in the collision that took place at Portobello, on the Bth of October last. The panels were five in number, of whom tam were triad on Thursday. John IPDonald, engine-driver, Thomas Wilson, stationmaster, Portobello, and Joha Howarth, porter, Portobello, were placed at the bar, charged with culpable homicide, as also culpable neglect of duty ; in so far as on the Bth Octet). r last, a goods.train, consisting of eighteen trucks or wegitens, drawn by a louromotive-engine, in chug* of Ni.Doetahl, having arrived at Portobello from Edinburgh station at or about fifty-five minutes past five o'clock, or at all events within fifteen militates of the expected ;arrival of the 5.36 mail train from Edinburgh, Ilogar.h, in violation of his duty, neglected to present the fixed station signal at the west of the station to warn the mail train that the station was not clear, cud 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 necessal y orders for the clearing of the line for the passage of the mad-train ; and M'Donsld, aware of the starting of the said train, neglected his duty to proceed with his own train to Inc first offset or siding, at the station, which would hold it clear of the main 'line ; in consequence of all which, or part thereof, the mail train cams into violent e,llisioa with the goods train, the porter of the goods train, named Stewart Ogilvie, was killed• and several of the passenger of the mail train were bruised and injured. ' At the close of the evidence for the prosecution, the ebergc against liugerth was withdrawn, and the evidence on the subject of tne signal, being contradictory, the court directed the jury only to consider the other point. Tile jury found Wilson guilty of culpable neglect of duty la not clearing the station, and 3.l•Donald also guilty, in nut removiug his engine and train from the line, with this exlineation, 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 departmeet, Edinburgh. and Alex. Ramsay, foreman ppurtc and acting as clay pilot-guard, a ere charged with culpable homicide, or culpable neglect of duty, in so far as, ou the Bth of Oettib?_,T they ordered or permitted the irregular train to leave tho Edinburgh station at about 5.45 p.m., or, a least, within 15 minutes of the time advertised for the starting of the mait'trein, with the object of depositing 191210 of the trucks at the Portobello station, and some at Leith junction; in consequence of which, the mail train having started from Edinburgh at or about its usual time, the COWIN/II occurred as above stated.  The charge againsti;;EWas withdrawn, and he was accordingly acquitted. The jury found the case against Ramsay not proven. Wilson and dl•Donald were then placed at the bar for sentence, and were awarded —Wilson eighteen months, and M'Douald four mouths' imprisonment. Thrtr.ighout the triais the counsel on both sides, and especially the court, aniniadver ed strongly at the laxity on the part of the servants of the company that Was countenanced by their superior officers, and which led to such danger to the public. The Lord Justice Clerk remarked that the disclosures that bad been made, male it pretty evident that on a similar case occurring it would be the manager or the directors, and not the inferior is of the company, that would be held responsible, should this laxity be allowed to continue.