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" PEDESTRIAN COMPETITION.j

,TRADE OUTRAGE TRIAL.

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THE FOUR 100-TON GUNS PURCHASE.…

COLLIERY ACCIDENT CASE. j

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COLLIERY ACCIDENT CASE. j At the Crown Court (Oxford Circuit), before Mr. Justice Denman, James Davis was indicted on Friday at Stafford for the manslaughter of James Smith and Thomas Whitmore, at Wolstanton, on the 23rd of January last. This was an inquiry arising out of a colliery acci- dent, and it was interesting as showing that capes do arise when not only is it fairer to a prisoner that he should be permitted to give evidence, bnt the whole course of truth may suffer under a procedure by which such evidence is excluded. The accident took place at a colliery known as the Apedale Colliery, near Wolstanton. The pri- soner was employed as engine-tenter, and he had held this employment for nine years with an excellent character. The nature of his duties in connection with the engine were somewhat complicated, requiring skill and presence of mind. No one was allowed to be with the prisoner in the engine-house, and in managing the engine when it was required to operate in drawing the cage up to the pit head be would have to make use of a wheel for turning off the steam, a reversing lever, and a foot treddle with which to work the brake. He would also have to watch with his eye an indicator, which would show him when the cage would be near the top, and when he was to begin, therefore, to shut off steam. Upon the day on which the accident happened the donkey engine broke down, and there being a want of water in the boilers of the main engine, the prisoner was told to draw up the men from the bottom of the pit as fast as possible. Nine loads were drawn up in safety, but as the cage was ascending for the tenth time something happened which caused the cage to fly up at tremendous speed, till it was only stopped by the pulley itself. All the men in the cage were thrown out, and two of them, James Smith and Thomas Whitmore, the subjects of the present inquiry, were killed by the accident. The question for the jury was whether the accident was owing to the culpable negligence o' the prisoner or was due to causes beyond his control. The rules of the colliery required that no one should be with the pri- soner in the engine-house, and thus there was not only an absence of evidence of what was the immediate cause of the accident, but the prisoner himself, who alone could give an explanation, was, of course, unable to give any evidence in court. It was admitted in the case that the engine itself was in good order, and that the cage was being drawn up at the usual speed, which was at the rate of about 20ft. to the second, or something less than a minute for the whole distance, and the suggestion was that as the prisoner was stopping the engine a.stiffness in the lever caused a delay of a second, during which the accident happened. Mr. Wynn, the Government Inspector, said, in his opinion, the driver ought, in stopping the engine, to make allowance for possible stiffness, and not allow tbe band on the indicator to revolve too far before he actej upon it; but, oa the other hand, it was urged that there was no evidence that the prisoner had shown such a deficiency of caution in this case, and that, as there was no explanation of the accident except what was supplied by the accident itself, the prisoner, who was proved to have been sober at the time, and had managed the encino successfully for nine years, was entitled to an acquittal. The jury, in the end, adopted this view of the case, and leturned, without hesitation, a verdict of not guilty.

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GflAZI OSMAN'S KNTRY INTO…

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DASHING EXPLOITS.

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NATIVE RACES IN CHINà. í

A HERO OF THE COMMUNE.

THE BATTLE OF MONASTERO. f

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THE DEAF AND DUMn AT BOARD…

THE DREADFUL FAMINE IN CHINA.

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