Thomas Goucher sentenced
At the Crown Court, Northern Circuit, York, on July, 19 1853, before Mr. Justice Erle, Thomas Goucher and William Stacey were charged with throwing stones at and after an engine on the Midland Railway, at Brinsworth, in the West Riding, on the 4th of May last, thereby endangering the safety of persons conveyed on the said railway.
Mr. Overend appeared for the prosecution; Mr. Pickering defended the prisoner Goucher; the other prisoner was undefended.
The prisoners were indicted under the 7th section of the 14th and 15th Vic., which enacts that "if any person shall wilfully and maliciously cast, throw, or cause to fall or strike against, into, or upon any engine, tender, carriage, or truck, with the intent to endanger the safety of any person being in or upon such engine, tender, carriage, or truck, every such offender shall be guilty of felony. and, being convicted thereof, shall be liable, at the discretion of the court, to be transported for life, or for any term not exceeding seven years, or to be imprisoned, with or without hard labour, for any term not exceeding three years."
It appeared that the prisoners, who are both young men above twenty years of age, were labourers in the employ of Mr. Waring, of Haworth Hall, and on the night of the 4th of May they left Haworth-lodge, and proceeded towards the railway bridge. The main train left Masborough station at 9.30 p.m., and when it got near the bridge at Hayworth it was preceding at the rate of 35 miles an hour. After it had passed through the bridge some stones and a brickbat were thrown from the bridge, which struck the tender, and the brickbat struck the weatherboard, which is placed across the engine to enable the driver to keep a look-out in bad weather along the line. The brickbat bounded off the weatherboard, and struck the stoker so severely upon the arm that he could not do his work conveniently for a week.
Some little time afterwards Goucher was apprehended on the charge, and he then told the officer that he had only came in time, as he intended to be off that night. He then asked if Stacey had been apprehended, and said that he would smash Stacey's brains out, and that the engine driver did not see him when he stood on the bridge; when Stacey was apprehended, he said that it was Goucher who began it, and he said when the train was coming up, "Here's a train; let us throw stones at it."
Mr. Pickering addressed the jury for Goucher.
His Lordship having summed up, the jury returned a verdict of guilty.
His Lordship, in passing sentence, said that the case looked as if the prisoners had yielded a sudden wicked thought, by which they had placed the lives of many persons in great danger; but he was willing to believe that it was a thoughtless act, seeing that they had afterwards acted as if they were sorry for what they had done, having expressed their contrition, and not attempted to palliate their conduct. He would therefore pass a light sentence, but if he had thought that there was any malignity in their conduct, he would have transported them for the full term given by the law. The sentence was that they be imprisoned with hard labour for four months.
Source: Leeds Mercury 21st July 1853
