We have already mentioned that the Royal Commissioners caused an

extensive series of experiments to be performed in their presence upon

a portion of the Midland Company's system near Newark, in order to test

the various methods which have been invented for applying continuous

brake-power to trains. Before, however, the trials of the various

continuous 'brakes' were made, trials of the amount of brake-power

_usually_ supplied to the trains of some of the chief railway companies

in Great Britain were made. From these experiments it appeared that

with the amount of hand brake-power usually supplied, a train going

at between forty-five and fifty miles an hour could not as a rule

be brought to a full stop in much less than half a mile. During the

trials at Newark, the merits of eight different kinds of 'continuous

brakes' were tried; and 'amply proved the necessity for some greater

control over fast passenger-trains than that hitherto provided in this

country.' Speaking approximately indeed, it was shewn conclusively at

these trials that a good continuous brake will reduce the stopping

distances of fast trains to one-third of the distance within which they

can be stopped by the present ordinary means. With regard to the effect

upon passengers of any sudden stoppages by means of these continuous

brakes, it is satisfactory to know that 'by none of the systems used in

the trials could the brakes be applied too powerfully or too suddenly

for the safety of the passengers.'

As the result of these Newark trials, the Royal Commissioners recommend

that it should be made obligatory upon railway companies to provide

every train with sufficient brake-power to bring it, at the highest

speed at which it may be travelling and upon any gradients, to an

absolute stop within five hundred yards. They also advise that a

large proportion of the brake-power should be in the hands of the

engine-driver. He is usually the man who first espies danger; and as

when a train is travelling at the rate of sixty miles an hour, it

passes over eighty-eight feet per second, it will easily be seen, that

however slight may be the interval necessary for the driver to attract

the attention of the guard, and for that official to apply his brakes,

it may be sufficiently long to cause a serious accident.

Every newspaper reader must have remarked the frequent accidents

which occur through passengers (whilst entering or leaving railway

carriages) falling between the steps and the platform. This being so,

it is satisfactory to remark that the Royal Commissioners have resolved

to recommend that the adoption by railway companies of continuous

foot-boards of sufficient width should be made compulsory wherever, in

the opinion of the officials of the Board of Trade, 'the circumstances

of the traffic are such as to render them necessary for the safety of

passengers.'

As regards the important subject of the compensation which the

railway companies are at present obliged to make whenever a passenger

is--through no fault of his own--killed or injured whilst travelling

upon their lines, the Royal Commissioners have not thought it necessary

to make any special recommendations. They appear indeed to think that

the principle of self-interest will be sufficient to make the companies

introduce all reasonable improvements and take all possible means to

secure the safety of their passengers. Mr Galt, however, one of the

Royal Commissioners, dissents from this view of his colleagues, and

we think with reason. He asks in connection with this subject the

following very pertinent question: 'Does the sum paid in compensation

by the companies exceed the expenditure that would necessarily be

incurred for the avoidance of preventable accidents?' This question Mr

Galt proceeds to regard from two points of view. First, the effect of

accidents on the market value of railway shares; and second, the cost

which the companies would have to incur in order to introduce various

well-known means for the prevention of accidents, which have often been

pressed upon their attention by Captain Tyler and other officials of

the Board of Trade. The effect of an accident upon the market value of

railway shares, even when it is one of exceptional severity, Mr Galt

shews is only temporarily and never permanently to lower the value

of the shares in the particular railway company upon whose system it

occurred. The first cost, moreover, of introducing improvements upon

their lines, Mr Galt points out, is felt very severely by railway

companies; whereas the compensation which they pay for personal

injuries does not at present amount to one per cent. of their total

expenditure. Mr Galt indeed asserts that the saving which the companies

would effect by the use of every available means for the prevention of

accidents would 'scarcely amount to a shilling in the hundred pounds.'

Hence he arrives at the very disagreeable conclusion, that so far as

the _pecuniary_ principle--apart from all higher considerations--is

concerned, the railway companies' interests and those of the general

public are diametrically opposed to each other!

We shall conclude this article by giving a brief epitome of the

principal points upon which the Royal Commissioners have made formal

'recommendations' either for the consideration of parliament or of the

railway companies. 1. They have recommended that discretionary powers

should be conferred upon the Board of Trade to enforce the extension

of stations and sidings wherever the accommodation provided for the

traffic is so inadequate as to endanger safety. 2. To enforce the

adoption of the block and interlocking systems on all lines or portions

of lines where the introduction of these improvements is necessary for

the safety of the traffic. 3. To restrict the speed of trains upon any

line or section of a line which is in a condition to render a high rate

of speed unsafe. 4. To require companies to provide their passenger

carriages with continuous foot-boards. 5. To impose conditions upon

companies in certain cases in sanctioning the opening of new lines. 6.

To require companies to provide foot-bridges or subways at stations

where the absence of such accommodation is proved to be a source of

danger. 7. To require a lodge to be maintained at public crossings for

foot-passengers wherever circumstances render it necessary for safety.

8. That railway companies shall be required by law, under adequate

penalties, to supply all trains with sufficient brake-power to stop

them within five hundred yards under all circumstances. 9. That in

order to produce greater punctuality in the conduct of the traffic on

railways, additional facilities be afforded to the public for obtaining

compensation when trains are late. 10. That the 31st and 32d Vict. c.

119, s. 22, relating to intercommunication in trains, be amended in the

manner which we have indicated above. 11. That the civil liability of

railway companies for accidents to their servants, and of the criminal

liability of persons in railway employment for acts of negligence

endangering life, be extended.

Some at least of these proposals of the Royal Commissioners will

doubtless be adopted by Her Majesty's government, and will be proposed

to parliament, with all the weight of their authority, during the next

(1878) session of parliament. That the government measure which will

embody these 'selected' recommendations of the Royal Commissioners will

satisfy all parties--directors of railways, railway servants, and the

general public alike--would of course be too much to hope. But this may

at least be confidently predicted--that if the chief recommendations

of the Royal Commissioners be adopted by parliament, and be loyally

carried out in practice by the railway companies, they will tend in no

inconsiderable degree to render railway travelling in Great Britain in

the future both much safer and much pleasanter than it has been in the

past.

DROLLERIES OF THE AMERICAN BENCH.

Droll things are reported of the bench and bar in the United States.

Perhaps all that is said of them in the newspapers may have a tinge

of exaggeration; but we do not doubt that there is a considerable

substructure of truth. What, indeed, but odd sayings and doings can be

expected from judges who are appointed by universal suffrage, and may

in many cases be little better than the boon-companions of the culprits

who are apt to come judicially before them. We cull a few drolleries of

the American bench for the amusement of our readers.

Wearied beyond endurance by the tediousness of a long-winded pleader,

a Kentuckian judge put himself out of his misery and his tormentor out

of countenance by suddenly exclaiming: 'If the court is right, and she

thinks she air, why then you are wrong, and she knows you is. Shut

up!' Almost as rude in speech was Judge Dowling, who after serving as

fireman and police-officer, became by election one of the magistrates

of the Empire City. 'What are you reading from, sir?' asked he of a

counsel.

'From the statute of 1876, your Honour,' was the reply.

'Well,' said Dowling, 'you needn't read any more; I'm judge in this

court, and my statutes are good enough law for anybody!'

This worshipful gentleman plumed himself upon deciding 'according

to the equities of the case,' law and precedent to the contrary

notwithstanding; they went for nothing with him.

They did not go for much more with the western administrator of the

law, Judge Alec Smith. A divorce case being called on, he, addressing

the plaintiff's representative, said: 'I don't think people ought to be

compelled to live together when they don't want to do so. I will decree

a divorce in this case;' and the parties concerned were thereupon

declared to be no longer man and wife. Presently the defendant's lawyer

appeared, and was not a little surprised to find all was settled,

that the judge had decided without hearing one side, much less both.

He protested against such over-hasty proceedings, and appealed to

the court to redress the wrong it had committed. The court not being

inclined to own itself in fault, he was informed it was too late to

raise objections; the decree had been pronounced; but if he wanted to

argue the case 'right bad,' the court would marry the parties again,

and let him have a crack for it.

When Miss Amelia Donnerschley claimed two hundred dollars from

faithless Augustus Berker for breach of promise, the gentleman

justified his conduct on the plea that after dwelling under the same

roof with the young lady and her mamma for eight months, he found it

so impossible to live comfortably with the one, that he was compelled

to cry off with the other. The judge inquired if the mother purposed

living with her daughter after marriage, and receiving an affirmative

answer, asked the defendant whether he would rather live with his

mother-in-law or pay two hundred dollars.

'Pay two hundred dollars,' was the prompt reply.

Said the judge: 'Young man, let me shake hands with you. There was a

time in my life when I was in the same situation as you are in now. Had

I possessed your firmness, I should have been spared twenty-five years

of trouble. I had the alternative of marrying or paying a hundred and

twenty-five dollars. Being poor, I married; and for twenty-five years

have I regretted it. I am happy to meet with a man of your stamp. The

plaintiff must pay ten dollars and costs for having thought of putting

a gentleman under the dominion of a mother-in-law.'

The much-married dignitary was not so susceptible to the charms of the

sex as his brother of Iowa, who refused to fine a man for kissing a

girl against her will, because the complainant was so temptingly pretty

that nothing but an overwhelming sense of its dignity prevented the

court kissing her itself.

It is lucky for an offender when his judge puts himself in his place;

justice is sure then to be tempered with mercy, as in the case of the

snatcher of spoons brought before a Georgian court many years ago. Bela

Brown, who then went the circuit as judge, was an able man, in equal

repute as a lawyer and as a boon-companion. The night before the court

was to open at Dayton, his Honour went to a tavern kept by Sterrit,

and had such a good time of it with his legal friends that by midnight

he was not quite so sober as a judge should be. Somebody cleared the

table of all its spoons, and put them into the unconscious gentleman's

pocket. He was greatly perturbed at finding them there next morning.

They were Sterrit's spoons without doubt, for they bore the landlord's

initials.

'Polly,' said the judge to his wife, 'was I tipsy when I came home?'

'Yes,' said she. 'You know your habits when you get among those

lawyers.'

Much relieved in his mind, the judge declared he could understand how

the spoons came into his possession. 'That fellow keeps the meanest

liquor in the States; but I never supposed it would make a man steal.'

A day or two afterwards, a man was arraigned for larceny; he pleaded

guilty, but urged he was intoxicated when he committed the offence.

'What's the nature of the charge?' inquired Judge Brown.

'Stealing money from the till at Sterrit's tavern,' replied the clerk.

'Young man,' said the judge solemnly, 'are you sure you were tipsy when

you took this money?'

'Yes, your Honour; when I went outdoors the ground kept coming up and

hitting me on the head.'

'That will do. Did you get all your liquor at Sterrit's?'

'Every drop, sir.'

Turning to the prosecuting attorney, the judge said: 'You will do me

the favour of entering a _nolle prosequi_; that liquor of Sterrit's

I have reason to know is enough to make a man do anything dirty. I

got tipsy on it myself the other night, and stole all his spoons.

If Sterrit will sell such abominable stuff he ought not to have the

protection of this court.--Mr Sheriff, you may release the prisoner.'

Like the sailor who objected to his captain preaching and flogging too,

offenders generally do not appreciate being suitably admonished as well

as punished; and no doubt the Californian felt annoyed when, through

incautiously demurring to the magistrate reproaching him with having

no ambition, he found himself put to the question with: 'Where is it,

sir? Where is it? Did you ever hear of Cicero taking free lunches? Did

you ever hear that Plato gamboled through the alleys of Athens? Did you

ever hear Demosthenes accused of sleeping under a coal-shed? If you

would be a Plato, there would be a fire in your eye; your hair would

have an intellectual cut; you'd step into a clean shirt; and you'd hire

a mowing-machine to pare those finger-nails. You have got to go up for

four months!'

The Honourable Kiah Rodgers, commonly called Old Kye, presiding in a

Louisiana court, thus spoke his mind to a delinquent named Kettles:

'Prisoner, stand up! Mr Kettles, this court is under the painful

necessity of passing sentence of the law upon you. This court has no

doubt, Mr Kettles, but what you were brought into this scrape by the

use of intoxicating liquors. The friends of this court all know that

if there is any vice this court abhors it is intoxication. When this

court was a young man, Mr Kettles, it was considerably inclined to

drink, and the friends of this court know that this court has naterally

a very high temper; and if this court had not stopped short off, I

have no doubt, sir, but what this court, sir, would have been in the

Penitentiary or in its grave.'

Still more communicative was Judge Kye respecting his young days when

summing up in an action brought by an overseer for wrongful dismissal

from his situation.

'The jury,' said his Honour, 'will take notice that this court is well

acquainted with the nature of the case. When this court first started

in the world it followed the business of overseering, and if there

is any business which this court understands, it's hosses, mules,

and niggers; though this court never overseed in its life for less

than eight hundred dollars. And this court in hoss-racing was always

naterally gifted; and this court in running a quarter race whar the

hosses was turned, could allers turn a hoss so as to gain fifteen feet

in a race; and on a certain occasion it was one of the conditions of

the race that Kye Rodgers shouldn't turn narry of the hosses.' Surely

it must have been Old Kye who upon taking his official seat for the

first time, said: 'If this court know her duty, and she thinks she do,

Justice will walk over this track with her head and tail up.'

Prone as he might be to discursiveness, we fancy the Louisiana judge

would have laid down the law a little more lucidly than the worthy to

whom a Minnesota juryman appealed for aid, when his ideas as to what

constituted murder had been confused by the arguments of counsel.

'Gentlemen of the jury,' said this legal luminary, 'murder is where a

man is murderously killed. The killer in such a case is a murderer. Now

murder by poison is just as much murder as murder with a gun, pistol,

or knife. It is the simple act of murdering that constitutes murder

in the eye of the law. Don't let the ideas of murder and manslaughter

confound you. Murder is one thing, manslaughter is quite another.

Consequently, if there has been a murder, and it is not manslaughter,

then it must be murder. Don't let this point escape you. Self-murder

has nothing to do with this case. According to Blackstone and all the

best living writers, one man cannot commit _felo de se_ upon another;

and that is clearly my view. Gentlemen, murder is murder. The murder

of a brother is called fratricide; the murder of a father is called

parricide, but that don't enter into this case. This case is murder,

and as I said before, murder is most emphatically murder. You will take

the case, gentlemen, and make up your minds according to the law and

the evidence, not forgetting the explanation I have given you.'

When an English judge has passed sentence upon a criminal, he has done

with him. It would never enter his head to visit a man he had condemned

to death. Judge Smith of Cincinnati had different notions of judicial

etiquette. One Samuel Covert, about to be executed at Lebanon, had just

taken his last meal, when the judge looked in, inquired how he felt,

and asked for his autograph. Having obtained the autograph, and learned

that Covert was pretty well, considering circumstances, the judge shook

his hand warmly, saying: 'Good-bye, Mr Covert; I shall not see you

again.'

'Good-bye, Mr Smith,' was the reply. 'Remember my last words to you:

you have passed sentence of death upon an innocent man.'

'That is so, is it, Sam?' queried the visitor.

'Yes, sir.'

'If that be true, you've nothing against me; have you, Sam?'

'No, sir; you did your duty under the evidence.'

'Well, Sam, if you are an innocent man, it is a great calamity.'

'I am innocent,' repeated Covert.

The judge then departed, and Covert was marched to the scaffold.

Judge Smith hardly felt so easy in his mind as a Californian sheriff

did after being interviewed by a self-confessed murderer, who desired

to be sent to New York to answer for the crime he had committed in that

city.

'So your conscience ain't easy, and you want to be hanged?' said the

sheriff. 'Well, my friend, the county treasury ain't well fixed at

present, and I don't want to take any risks, in case you're not the

man, and are just fishing for a free ride. Besides, those New York

courts can't be trusted to hang a man. As you say, you deserve to be

killed, and your conscience won't be easy till you are killed, and

as it can't make any difference to you or to society _how_ you are

killed, I guess I'll do the job myself!' and his hand moved to his

pocket; but before he could pull out the revolver and level it at the

murderer, that conscience-stricken individual was down the road and out

of killing distance.

When lawyers behave in such a free-and-easy way, it is not surprising

that a prisoner presumes to enter into familiar conversation with

the bench. 'An old tippler,' asked by a Nevadan court whether he was

rightly or wrongly charged with being intoxicated, pleaded, 'Not

guilty, your Honour. Sunstroke!'

'Sunstroke?' queried Judge Cox.

'Yes, sir; the regular New York variety.'

'You've had sunstroke a good deal in your time, I believe?'

'Yes, your Honour; but this last attack was most severe.'

'Does sunstroke make you rush through the streets offering to fight the

town?'

'That's the effect precisely.'

'And makes you throw brickbats at people?'

'That's it, judge. I see you understand the symptoms; and agree with

the best recognised authorities, who hold it inflames the organs of

combativeness and destructiveness. When a man of my temperament gets a

good square sunstroke he's liable to do almost anything.'

'Yes; you are quite right--liable to go to jail for fifteen days.

You'll go down with the policeman at once.' With that observation the

conversation naturally closed, and the victim of so-called sunstroke

'went down.'

The bench does not always come off so victoriously. A prisoner before

the court of Keatingville, Montana, neglecting to remove his hat, the

sheriff was directed to do it for him, and obeyed instructions by

knocking the offending head-gear off with his rifle. The owner picked

it up, and as he clapped it on his head again shouted: 'I am bald,

judge!' A repetition of the performance followed; at which, waxing

indignant, his Honour rose and said: 'I fine you five dollars for

contempt of court--to be committed until the fine is paid!'

The offender walked up to the judge, and laying down half a dollar,

remarked: 'Your sentence, judge, is most ungentlemanly; but the law is

imperative, and I will have to stand it; so here is half a dollar; and

the four dollars and a half you owed me when we stopped playing poker

this morning, makes us square!'

The card-playing administrator of justice must have felt as small

as his brother-judge when he priced the cow. Being at Little Rock,

Arkansas, on business, that judge strolled into the market, and seeing

a farmer with a cow, stepped up to him and asked what he wanted for

her. 'Thirty dollars,' said the farmer. 'She'll give you five quarts of

milk if you feed her well.'

'Why,' quoth the judge, 'I have cows on my farm, not much more than

half as big as yours, which give twenty quarts a day.'

The cow-owner eyed his new acquaintance very hard, as if trying to

remember if he had seen him before, and then inquired where he lived.

'My home is in Iowa,' was the reply.

'Yes, stranger,' said the farmer, 'I don't dispute it. There were heaps

of soldiers from Iowa down here during the war, and they were the worst

liars in the whole Yankee army. Maybe you may have been an officer in

some of them regiments?'

Without satisfying his interlocutor's curiosity on that point, the

judge, we are told, 'slid for the court-house.'

THE FAIRIES.

Where are the wonderful elves, and the fairy creatures bright?

Where are the tiny things that danced in the pale moonlight?

Danced in a magic ring, and fluttered in robes of white,

Like motes in the sunbeam whirled, like leaves in the forest hoar.

_Hark to the sound of the sea, and the cry of the waves on the shore._

Where are the dusky gnomes who toiled in the golden ground?

So that the miners trembled hearing their hammers' sound,

Hearing them tapping, tapping, delving in darkness bound,

A thousand tapping hammers, beneath them hammering.

_Hark to the muttered thunder, the voice of the hidden spring._

Where are the forest fairies, the elves in Lincoln green,

Deep in the forest hidden, and never in cities seen,

Sought for by timid maidens, on sainted Hallowe'en,

The joy of all true lovers, a merry band were they!

_Hark to the hum of the bee, in the scented blooms of May._

Where are the household fairies, who loved the embers' glow,

Who played at games with the shadows flickering to and fro,

But left no track on the sanded floor, no trace on the fallen snow,

And filled up the little slippers the children left behind,

_Hark to the howl of the tempest, the moan of the stormy wind._

The elves are waiting, waiting, for the golden days to come,

When grief shall be known no longer, nor faithful love be dumb;

Till the figures all are added up, and finished the mighty sum.

Ah yes, they are waiting, waiting, till grief shall be no more.

_Hark to the rustle of raindrops, that kiss the deserted shore._

* * * * *

The Conductors of CHAMBERS'S JOURNAL beg to direct the attention of

CONTRIBUTORS to the following notice:

Chambers's Journal of Popular Literature, Science, and Art, No. 703 June 16, 1877 · 第 3 / 4 段