At Petersfield a Mr H. E. Barnes has been fined £2, and 18s 6d costs, for smoking in a railway carriage.
Royal Cornwall Gazette - Friday 22 November 1861
SMOKING ON RAILWAYS.—Mr. Henry Eugene Barnes, a gentleman residing at Southsea, was summoned before the Petersfield bench of magistrates on Tuesday the Hon J. J. Carnegie in the chair, for smoking in a railway carriage on the Direct Portsmouth line on the 21st of September, the defendant did not appear. Service of the summons having been proved the case proceeded in his absence. Mr. J. Bonham Carter, M.P., deposed,—On Saturday, the 21st of September, I travelled from Petersfield to Portsmouth by the 11 30 down train from London. Shortly after leaving the station a considerable quantity of tobacco smoke found its way into the carriage in which I was, causing annoyance to the passengers. On the train arriving at the Rowland’s Castle station I directed the attention of the station-master to the facts. He went to the carriage, and spoke to some one in the compartment I pointed out to him. John Heygate, the station-master in question, deposed that he went to the front compartment of a first-class carriage, and on opening the door saw a gentleman with a lighted cigar in his hand. He told him he must not smoke in the carriage. His reply was, ‟Mind your own business.” Witness told him a gentleman had complained. He said, ‟There are plenty of other carriages.‟ Witness told the guard what had taken place. In reply to the chairman, witness stated that he opened the door for two ladies. One got in but the smoke was so strong she was compelled to get out again. Mark Wenham, station-master at Havant, said he opened the door of a first-class carriage at Havant to let in a lady and gentleman. The lady had partly stepped in, when she hastily retreated, saying, ‟Oh, dear, I can’t ride here; there's smoking.” He put them into another carriage, and requested the gentleman to desist, but he made no reply whatever. The guard identified defendant as the gentleman in question; he got in at Waterloo station. The bench fined defendant 40s. and 18s. 6d. costs; in default of payment distraint to be made, and if not sufficient goods one month’s imprisonment.