Callendar Advertiser 12th June 1926 reported –
The four young Stirling railwaymen implicated in a charge arising out of the stopping of a passenger train at Cornton level railway crossing between Bridge of Allan and Stirling during the recent general strike had its sequel in Stirling Sheriff Court on Thursday when they appeared before Sheriff Dean Leslie. They were Alexander McIntyre Cairns, 11 Baker St, Stirling, William Colquhoun Wright, 4 Brighton Place, George Street, Stirling, John Blackwood Nicoll, 671/2 Port St, Stirling and John Blair 321/2 Cowane St, Stirling; and the charge against them was that on Wednesday the 5th of May on the main line at the Cornton level crossing they, in concert with others, did acts calculated to injure or prevent the proper use and working of a passenger train on its journey between Bridge of Allan and Stirling railway stations by trespassing on the line and throwing stones or other missiles, where by John Aitken, a railway fireman from Glasgow was struck on the chin and injured; and by cutting the tube of the Westinghouse brake between the engine and the front carriages, uncoupling the engine and attempting to break into the signal cabin.
The case had aroused widespread local interest and long before the trial was due to begin a crowd had gathered outside the court evidently willing to stand in the rain for a chance of admission. When the court proceedings were commenced the public benches were packed and the audience had to listen to several civil actions before the trial of the Railwaymen came on at 2:30pm and lasted until 7:00pm at night.
Mr J. R. Archibald Procurator Fiscal conducted the case for the crown while Mr MacDonald of Cook Wallace MacDonald solicitors Glasgow appeared for the defence. All four accused adhered to their previous plea of not guilty.
The Case for the Crown
The first witness for the prosecution was Hugh Dewar (21) Ironmonger Hillview, Bridge of Allan who stated that on the evening mentioned in the charge along with two companions he was cycling home to Bridge of Allan via Cornton Rd. When going along the road witness passed a crowd of young men making towards Cornton level crossing and when passing them he heard them talking about going to hold up a blackleg driver. Mr MacDonald for the defence objected to the Fiscal leading evidence about what was said in this crowd unless he was going to prove that the accused used the words. On the advice of the Sheriff The Fiscal agreed to withdraw the last question regarding what was said by the men in the crowd. Continuing, witness said he and his companions then crossed the railway line. They dismounted from their bicycles and waited to see if the train would be stopped. After a bit a passenger train came from Bridge of Allan and when it was about 20 feet from the gates the driver drew up and the young man who in the meantime had been hiding down by the bank by the signal box rushed out and scrambled over the railway gates. They approached the engine shouting and yelling, and stones and bits of turf were thrown from another part of the crowd which went up the embankment behind the signal box. The whole crowd numbered about 200. Cairns Nicoll and Blair were taking a prominent part in the proceedings. Cairns approached the engine and turned a level in front of it. The rest of the crowd had scrambled up on to the footplate of the engine and with tampering with the coupling behind tender. Cairns and Nicoll went up to the signal box and Nicoll put his shoulder against it the crowd shouted “never mind opening the signal box draw his fire”. Witness then went to see if the local policemen were coming. He heard Cairns say to a lady and others who were standing at the gate that he had shut the steam off and the engine driver would not be able to get away. Witness said he had no difficulty in recognising the three men he had mentioned. Cross examined, witness said he did not hear Cairns or anyone call to the crowd to stop throwing stones.
Two against two hundred
Daniel James Monroe (19) Clerk residing Sydenham, Bridge of Allan, and who was in company with Dewar said he saw no stones thrown. Asked to identify accused witness said he recognised Cairns and Nicol. When the two constables came from Bridge of Allan they charged the crowd which then ran. Witness said he had seen the accused a good deal at the station as he travelled to bridge rail. Nicoll he knew as a runner at games meetings. Witness said the crowd detached the engine from the carriages. John Wilson Innes (23) merchant service officer Abbots for Bridge of Allan who was in the company of the two previous witnesses said he heard Cairns say to someone the gate “I wonder if the driver knows that I have uncouple the (witness was unable to remember this word) as well as the brake”.
David Chalmers (23) Seedsman, Beech Grove, Bridge of Allan, acting fireman on the train, said that when the crowd came onto the line and stones were thrown the other fireman on the engine (there were two firemen) was struck on the chin. There was a good deal of shouting and booing. The driver, the other Fireman and Witness were shouted at as being “scabs”. After a number of the men came onto the railway there was a hissing noise an indication that something had been done to the brake. Cairns was the only man witness saw going between the tender and the carriage. The driver asked the crowd to let him drive on as this was his last run. Witness said he saw Wright throw a stone which struck the tender. Wright was standing with a girl at the time. Cairns took a prominent part in the proceedings. Under cross examination witness said Blair also took a prominent part in the booing and shouting.
Threats by the Crowd
John Aitken 24 manufacturers agent Newlands Glasgow who was acting as a fireman on the engine along with charmers said he was struck on the chin with a stone just as the engine stopped at the gate.
Asked to identify any of the accused who took a prominent part in the affair witness mentioned Blair and Wright. When the engine which had been uncoupled from the train proceeded to Stirling the crowd threatened those in the driver’s cab and told them they would be better to stay at home.
Under cross examination witness amplified this by adding that the crowd said if they returned they would lose their lives. Did you identify Wright in the identification parade? – “No” – Why? – “Because I was not positive. I was told not to identify anyone unless I was positive. I had a feeling I had seen the face before but was not certain. On having another look at him now I am sure
Driver’s Graphic Story
John Robertson, (55) Engine Driver, 145 Wishart St, Denniston, Glasgow, the driver of the engine which was held up said Cairns told him if he went away with the engine he would be left alone. He suggested that witness should “take” the gates in front of him but he refused to do so until they were opened. He told Cairns for God sake not to do anything that he would be sorry for afterwards.
The Fiscal – What impression did you form of the attitude taken against you that day? I formed the impression that the sooner I was out of there the better for me. (laughter). Robertson further stated when the Westinghouse brake was cut the only brakes left on the train were the handbrake on the engine and the van brake.
Moses Curran (69) railway guard, Mount Stuart St, Shawlands, Glasgow, stated that the Bridge of Allan Station Master accompanied them in the train from Bridge of Allan to open the gates for them at the level crossing. He disappeared when the train stopped however. Mr MacDonald – he evidently thought that discretion was the better part of valour (laughter) The Sheriff – The noise was enough for him.
Constable Williamson Bridge of Allan, stated that when he and Sergeant Keir arrived at the crossing they drew their batons and the crowd dispersed. Sergeant Keir, Bridge of Allan, gave evidence relative to the statement made by the accused when charged with the offence. Nicoll admitted having been at Cornton level crossing and said he went alone. On arrival there was a large number of people up behind the signal cabin waiting on the arrival of the train. He also admitted going up to the signal cabin and trying to open the door. Cairns said “all I have to say is that I am not guilty of any violence. The only thing I am guilty of is being on the engine at the drivers invitation. What the driver said was “For the love of God try and get them to stop throwing stones” he told the driver for his own safety to get out of the road. Wright said He was out with the wife as usual that night he took the Cornton Rd not being aware of what was going to take place. Blair had nothing to say other than he was at the level crossing that night. Constable McKinnon, Stirling, who returned to the crossing on the engine after it had gone to Stirling gave evidence regarding identification.
Sheriff’s Rebuke to Applauders.
When he was being cross examined there was a demonstration by those in the public benches feet being stamped and hands clapped the Sheriff said “If there is the slightest disturbance I shall at once clear this court!”
This concluded the prosecution case which had lasted from 2:30pm until 5.15pm.
For the defence, Cairns, the first accused said he met George Howe and Frederick MacDonald, two companions of his, and he went for a walk down Wallace Street and from there to Cornton Rd. They had no purpose in view. When they got to the Cornton level crossing the train had come to a standstill. He was not on the crossing prior to the train’s arrival. When he got there he went up the road which leads to the free coup on the cabin side of the railway and he went to the side of the fence and stood looking at the engine. The driver of the engine called him over and witness went over and climbed up onto the step of the engine. The driver asked him for the love of God to try and get the crowd to stop throwing stones. Witness got them to refrain from doing so. He advised the driver to get away.
In answer to the fiscal he denied that it was arranged that the crossing was to be held up, and that he went out for that purpose.
George Howe, (24), Postal Worker, 25 Bayne St, Stirling and Frederick McDonald (21), 61 Cowane St, Stirling, who were with Cairns gave evidence in support of his testimony.
Mrs Anderson (29), 5 Bayne St, Stirling, who was at the level crossing spoke to seeing the driver call Cairns over and engaging him in conversation. She saw no stones being thrown and did not hear any noise.
Wright, the second accused, was the next witness. He said he was out with his wife for a walk when they came to Cornton level crossing. The crowd was on the line. He never handled a stone and denied doing anything in the way of interfering with the engine or person.
Nicoll said he was on his way to keep an engagement with a young lady in Dunblane that night and was cycling when he came to the crossing. He had no idea that there was any intention to stop the train. He waited till the train proceeded on its way and then went to Dunblane. The only one of the accused he saw present was Cairns speaking to the driver.
Blair said on his return from Blackford where he had been on a motorcycle run with two friends Ben and John Wyatt of 33 Baker St, Stirling, he saw a crowd at the crossing. He stopped to see what was going on for a short time but paid little attention to what was taking place. Ben and John Wyatt corroborated. This concluded the evidence.
The Sheriff Sums up.
Sheriff Dean Leslie, summing up, said if people allow themselves to be mixed up in a crowd which had a bad purpose then people must just take the consequences of what the crowd did. The best thing people could do if they wish to keep clear of mischief was to keep away from crowds. The question was whether the accused formed part of a crowd which interfered with this engine. Even if they were in the vicinity they were guilty. Accused had been guilty of a very serious attack on the working of this railway. It was not as if they were two or three individuals but they were part of a mob which was there for the purpose of intimidating those men from working and preventing the working of this line. They took upon themselves to see that the working of this line was not going on. Now that could not do! Cairns seemed to be the ringleader and he would go to prison for three months and the other three accused to prison for two months each.
Cornton - Our Story 