"A CASE of interest to the public, and especially owners of traction engines, was heard at Malvern Petty Sessions on Wednesday," reported the Gazette 100 years ago.
"Mr Shadrack Strickland was summoned for driving a locomotive which did not consume its own smoke. The police evidence was that the locomotive discharged volumes of black smoke for about a hundred yards when passing through Malvern Wells on Sunday 11th August. This was corroborated by Mr Harold Freeman of Thorn Bank, who added the smoke at first was so dense that he could not read the name on the waggons attached to the engine.
"For the defence several witnesses were called, including the defendant, who said the locomotive was named the Pride of Worcester and was the best that money could procure, being based on the principle of consuming its own smoke. He denied that any black smoke was emitted, and thought the constable had made a mistake."
That sounds like a rather thin defence, but a traction engine expert testified that Mr Stricklands's machine was indeed "the best that money could supply", and defending solicitor G Foster pointed out that in law based on previous cases, "a conviction could not be sustained in respect of the emission of smoke on one occasion".
After retiring, the chairman of the bench, Sir Henry Foley Gray said that they could not convict. He "remarked that the magistrates believed that the wet weather on the day in question might have aggravated the trouble."
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here