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Northern Star (1837-1852), 27th November 1852, Edition 2 of 2, Page 6, COURT OF QUEEN'S BENCH. Sir Charles Napi...

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    • ACCIDENTS AND CASUALTIES.
    • LAW COURTS.
    • POLICE COURTS
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      246 -The St Alt Of Freedom. [November 27...

      246 -THE ST Alt OF FREEDOM . [ November 27 .

      Accidents And Casualties.

      ACCIDENTS AND CASUALTIES .

      Curious R Ailway Accident.—A Few Days Si...

      Curious R ailway Accident . —A few days since as the up goods train of the South Devon Railway was passing Rattery , something sot out of order , the train was stopped , and Robert Bnnd , the fireman , and Fust , the driver , went under the boiler and put all right . The driver then got on the engine , and thinking that Brind was in his nlace put it in motion . Brind , however , was standing between the rail and the parapet , where there was not room for the engine to pass him . He leaped to the parapet , but instead of alighting on it he threw himself over , and fell to the bottom of the viaduct , a depth of 35 feet . He was , as may be imagined , quite insensible when picked up . Though for some time his life appeared to be in jeopardy , he is now considered to be out of danger .

      Collision on the South Wales Railway . —A fearful accident occurred on this line of Railway at Bullo Pill , near Newnham , Glouces tershire , on Wednesday night week , the accident apparently originating in a want of proper sidings . A train of empty coal waggons left Gloucester on the evening of the above mentioned day for Chepstow , and on its arrival at Bullo Pill , which is a small shipping place for coal from the forest of Dean , it was shunted on to the up line in consequence of the down express train from London being due . It was now about half-past eight o clock , and the express train having passed on its way towards Chepstow , the engine driver of the coal

      train was about to move back to the down line , when the up goods train for London was observed approaching at full speed . Finding it impossible to get out opon the down line in time to avoid a collision , the driver of the trucks immediately reversed his engine in order to run up the up line , and so break the force of the expected collision , It was impossible , however , to get the train into rapid motion quick enough , and the heavy London goods train rushed into it with great violence , knocking the engineer and stoker from their places , but they

      appear to have escaped with a few cuts and bruises . Thus liberated from all control the engine and empty train ran up the up rails towards Gloucester , passing Newnham station at the rate of 20 miles an hour . A few miles further , however , and before reaching the next station ( Okie-street ) the steam became exhausted , and the runaway train came to a standstill—a most providential circumstance , inasmuch as had it proceeded to Okie-street , it would in all probability have dashed into the third class evening train , which stops at that station for the collection of the tickets before running into Gloucester ,

      and which train was only a short distance before it . Assistance was obtained from Newnham station , but more than four hours elapsed before the line could be cleared , and the up mail train to London was detained three hours before it could pass . Both the engines were much damaged and several trucks dashed to pieces . Loss of Four Lives from the Floods in Surrey . —The inundations in Surrey are now , and have been , for the past week , so extensive as to have made all communication to the different towns and villages extremely dangerous on foot , and , in many parts , even so by horse conveyance . The inconvenience sustained , and contrivances

      resorted to , has led to the following melancholy loss of life at Waltonupon-Thames , a village near Chertsey , upon the South Western Kail-• way . On Saturday evening , about five o ' clock , Sarah , the wife of James Lilley , together with her son , a boy about twelve years old , and her daughter , aged fourteen , together with their father , had been employed on App ' s Court farm , in the occupation of Mr . William Careless , and were returning home from their work at the above hour to their cottage , which is at present , in consequence of the floods , completely surrounded by water . The farm of Mr . Careless is surrounded by a deep moat , which separates the cottage of the

      unfortunate deceased and another from the farm where they had been at work , and their ordinary mode of getting to this cottage was by means of a path running along the side of the moat , and then over a high embankment at the end of it . This embankment is now about three feet under water , and therefore to get to their cottage they had recourse to a beer cooler , about seven feet long , four feet wide , and only seven inches in depth , for the purpose of being punted across the moat , which is in its present state about 30 yards wide . On the evening in question the three persons above named , viz . Mrs . Lilley , and

      her son and daughter , having returned from the farm , were waiting at the edge of the moat for the return of the husband of Mrs . Lilley , who had gone to the stables , to punt them across in the beer cooler , he having previously to leaving them told his wife to be sure not to attempt to cross the moat until he came back , which caution , however , appears to have been neglected , as the deceased Thomas Jarvis , a shepherd in ilr . Careless ' s employ , who was feeding some sheep in a turnip field a short distance from the moat , is supposed to have offered , or was solicited to ferry the three persons across . The four persons were all

      seen by Ellen , a younger daughter , who was standing at the cottage door , to leave the bank in the beer-cooler together , being punted over by the shepherd with a long pole . She immediately afterwards heard cries for assistance , and upon running out of the cottage she saw them all struggling in the moat and the beer-cooler floating filled with water . Assistance "was procured as speedily as possible , and the bodies were got out , but unfortunately life was found to be extinct in them all . An inquest was held on Tuesday , when the jury returned a verdict of " Accidental death . "

      Fatal Accident . —On Saturday night last Mr . James Montgomery ,-a respectable farmer , who lived inthetownland of Ballygarvey , near Ballymena , was brought to an untimely grave under the following melancholg c ircumstances : —His brother , who lived convenient to him , went to him and requested him to shoot a dog which had hurt one of his children . H took down his gun , and to try whether it was charged or not , he urged a man who was stcnding beside him to hold a candle to the touchhole while he blew into the barrel with his mouthi

      In adopting this hazardous test some sparks from the tandle came in conract with the powder , which ignited , and discharged the contents of the gun into the head of the incautious victim , killing him on the spot . The deceased has left a wife and eight children to mourn his loss . An inquest was held on the body of J . Jellett , Esq ., coroner , when a verdict wat returned in accordance with the above facts . Frtal Accident to a Collier . —James Farnworth , a collier , of Singing Clough , Bolton , has lost his life by the careless use of a naked candle in the mine where he was working .

      Seven Tons Of Australian Gold.—On Tuesda...

      Seven Tons of Australian Gold . —On Tuesday three vessels arrived in the River Thames from Australia with the extraordinary quantity of upwards of seven tons of gold on board . One of the ships the Eagle , was freighted with- the largest amount of the precious metal ever known to arrive in one vessel , viz ., 150 , 000 ounces ( upwards of six tons ) and of the value of more than £ 600 , 000 . The Eagle also made the most rapid passage on record , having done the voyage from Melbourne to the Downs in 76 days . The other ships are the Sapphire from Sydney , with 14 , 668 ounces on board , and the Pelham , from Sydney , with 27 , 762 ounces . The Maitland also arrived a day or two since from Sydney , with 14 , 326 ounces . Great , however , as has been

      the wealth brought over by the Eagle , the ship Dido is expected in a few dayswhich will far surpass it , having on board 280 , 000 ounces , and a half of the precious metal . The Neptune , ounces ; the Andromache , 42 , 051 , ounces ; and other valuable freights , are nearly due . Telegraphic Communication . —Local arrangemade in Belfast for the speedy erection of the magon the line of railway between the capital of Ulster and ,

      , Or About Ten Tons J*Jj5] 17-,O0o Stoos...

      , or about ten tons j * jJ 5 ] 17-, O 0 O stoos ^ with as : | 3 p 3 ! Epios of mmMs & been ta q ^ grap h il ^^ fMpietropohs or about ten ton ; 0 on P- - as va 33 01 been ipho etrou

      Law Courts.

      LAW COURTS .

      Court Of Queen's Bench. Sir Charles Napi...

      COURT OF QUEEN'S BENCH . Sir Charles Napier and the " Quarterley Review . —Mr . M . Chambers , Q . C . ( with whom were Mr . A . J . Stevens and Mr . Alcock ) , moved for a rule , calling upon Mr John Murray , the publisher of the Quarterly Revieio , to show cause why a criminal information should not be filed against him for a libel on Sir Charles Napier , published in the October number of that Review . Sir Charles Napier , entered the army in the year 1794 , and had gradually raised himself by his services to the high rank which he now occupied . He

      had served during the Irish rebellion . It would be necessary for him only to mention that Sir Charles Napier served in the Peninsular and was afterwards in the American war of 1815 . He then served in the Ionian islands , and afterwards commanded in the northern district in this country . In the year 1842 , when Lord Ellenborotigh was Governor-General of India , Sir Charles Napier was sent to Scinde . At that time , on the completion of the Anglian war , Scinde was governed by certain chieftains of the Beloochees , the conquerers of Scinde , who were styled the Ameers of Scinde . These chieftains were ascertained to have been in correspondence with the Affghans during the war , and it was the duty of Sir Charles Napier , under the directions of Lord Eilenborough , to investigate all these facts . The

      result of these investigations was from time to time communicated to Lord Eilenborough . The facts of the case , which the learned counsel narrated at great length , showed that Sir Charles Napier , so far from hurrying on the attack , had committed the fault of * being rather too slow and cautious in leading forth to the attack the force which he commanded . At last , however , he was obliged to lead his small force against them , till he arrived at Meanee , where , after a furiously contested battle , he gained a brilliant and decisive victory . That victory was soon followed by the capitulation of Hyderabad . In conformity with the usual military rule , Sir Charles Napier issued an order enforcing the most careful discipline , and particularly directing that the women of the Zenana of the Ameers should be treated with

      the greatest delicacy , and should be allowed to leave , carrying with them their jewels and other property . Possession of the place was taken in the most orderley manner , and so entirely were the directions of Sir Charles Napier carried into effect , that the women contrived , under their privilege , to carry off with them between two and three millions of public money from the treasury . For his services on this occasion , Sir Charles Napier received the thanks of Lord Eilenborough , and was appointed to the military and political command of Scinde , and subsequently , on his return to England , he received the thanks of Parliament . He was afterwards again sent out to India as Commander-in-Chief . Under these circumstances the Court would ,

      no doubt , be surprised that an article should be published in the Quarterly Revieio , charging Sir Charles Napier with disgraceful conduct in his career , both as civil and military commander in Scinde . Lord Campbell said that , giving the most implicit credit to Sir Charles Napier in all that he had sworn , he felt he should not be justified in interfering in the manner desired . If there had been anything in the article to show that it was written with an' intention to calumniate Sir Charles Napier , it would have been a proper case for a criminal information ; but Mr . Chambers had failed to show anything of the sort . The article seemed to be an historical essay upon a disputed

      passage in history , as to whether the Ameers were treated with harshness or with generosity . Upon that question he ( Lord Campbell ) would express no opinion . He entirely believed everything which had been sworn by Sir Charles Napier in his vindication , but he thought it would be enroaching on the liberty of the press to say that a criminal information ought to be granted under such circumstances as the present . The court sat here to repress , under constitutional principles , the licentiousness of the press , but not more . Whatever might take place elsewhere , he ( Lord Campbell ) trusted this country would still continue to boast of a free press , and that questions of

      history , modern or ancient , might be freely discussed , without any apprehension of a criminal information . The authorities cited from the old books , when the law of libel was either not settled , or tyrannically settled , in which it was laid down that to impute to any high officer of the Crown , that he was incompetent for his office , was a libel on the Government , had long been exploded . There was no impropriety in calling in question the competency of any public functionary for the due and efficient discharge of his duty . Sir Charles

      Napier was one of the most gallant , most distinguished , and most meritorious generals that ever led the British armies into the field ; but , believing all this , and that what was imputed to him was the result of a mistaken judgment as to one who in the hour of his country ' s peril was always ready to render his most valuable services , and who , in case of any emergency , would be zealous , to do so again , he ( Lord Campbell ) still thought this was a case in which a criminal information ought not to be granted , The other judges having expressed their opinions to the same effect , the rule was refused .

      CENTRAL CRIMINAL COURT . Trial of a Child-for Manslaughter . —Wm . Baker , 11 , was indicted for the manslaughter of Charles Baker , his brother . —The particulars of this charge are fresh in the public mind . A passionate word at the dinner-table , a thoughtless blow with a knife , and the fatal act was complete . The prisoner expressed his sorrow the moment it was two late , and has ever since evinced the greatest distress of mind at the loss of his brother . At the trial , the facts having been proved , a witness was called to speak of the boy ' s disposition , and she

      deposed that he was always considered a good-hearted boy , but passionate . —The jury , after a short deliberation , returned a verdict of " Not Guilty . "—The Recorder , addressing the prisoner , who stood at the bar weeping bitterly during the whole of the trial , said that the jury had taken a most merciful view of his case , and he was very glad they had done so . There was no doubt , however , that his brother had received his death from his hand , and he hoped that these proceedings would be a solemn warning to him for the rest of his life . —The prisoner was then ordered to be at once discharged , and he was handed over to the care of his father .

      Uttering a Forged Note . —David Lewis , alias Allen , 35 , described as a dentist , was indicted for feloniously uttering a forged 5 / . Bank of England note , with intent to defraud . The jury returned a verdict of Guilty . Mr . Clarkson informed the Court that the prisoner had pleaded guilty on the previous day , in the New Court , to an indictment for uttering counterfeit coin , 14 pieces being found in his possession , and he had recently suffered an imprisonment of eight months for defrauding one of the city charities , known as Wilson ' s Charity of 10 GX , under the false pretence that he was a trader . The prisoner was sentenced to be transported for 10 years .

      Bigamy . —A respectably-dressed , and elderly woman , named Smith , surrendered to take her trial for bigamy . The case was a somewhat singular one . The prisoner was married on the 13 th of October , 1816 at Tonbridge , in Kent , to one John Smith , with whom she lived for some 10 or 11 years ; after which they separated , from some cause that was not stated . After that period it appeared that she had amassed some property , consitiug of two small houses and some monev and was again married , on the 29 th of January , 1841 , at Newinn-toiY to a man about her own age , named Joseph Hensman , stating herself to be a widow . She placed the whole of her propertv at his disposal and acted the part of a good wife to him , and had worked at her business as a wireworker . Two years after her second marriage the sec ond husband heard that sh , e bad ahusband living , and taxed her with

      Court Of Queen's Bench. Sir Charles Napi...

      it , but this she denied ; and they went down together to Maidstone and the first husband was introduced [ to the second , as the brother of the first one ; and it was not until a few weeks ago that the second husband did find out the truth . When the police-constable told her with what she was charged , she said that she had not been guilt y of any offence , as her first husband was married again . This was not proved ; but it was shown that he had , from the period of their separation , lived with a woman , calling her his wife . The jury found her Guilty , recommending-her to mercy . The Recorder , after commenting upon the nature of the case , ordered her to be imprisoned for one month in the gaol of Newgate .

      Forgery . —John Gerrard , 36 , builder , was indicted for feloniousl y forging a request for the delivery of goods , and thereby defrauding Charles -James Andrews . The jury fouud him guilty . Mr . Cockle said the prisoner had obtained a quantity of iron , building materials , and other property from various people , amounting in value in the whole to nearly 400 ? ., all of which he sold as soon as he got them at a great sacrifice . ' The Recorder sentenced him to 10 years'

      transporta-. Burglary . —James Lewis , 19 , labourer , and Wilson Cuiuimgham 19 , were indicted for burglary in the dwelling-house of John Wilson ' and stealing a silver cream-jug , a quantity of knives , four coats , a cloak , and several other articles . In defence , the prisoners set up the very stale excuse of having accidentally tumbled over the property . The jury having found them guilty , a former conviction was proved against Cunningham for stealing lead in 1051 . The Common-Serjeant then sentenced them to be transported , Lewis for seven years , and Cunningham for ten years .

      Bigamy . —William Edwin Lewis , 2 G , carpenter , was indicted for feloniously intermarrying with sarah Hales , his wifetbemg then and now alive . —Mr . Metcalf prosecuted , and Mr . Ballantine defended . — The first marriage was proved to hove taken place at the Registeroffice in Bridgewater in September , 1851 , and that he lived with his wife about four months . —Elizabeth Hales , the second wife , next wave evidence of having been wedded to the prisoner on the 5 th of September , 1852 , at St . James ' s Church , Westminster . —By Mr . Ballantine . —She had not instigated this prosecution , it was her brother . Prisoner had always behaved kindly to her . She freely forgave him the '

      injury he had done her , and was willing to give him up to the ri ght-j ful claimant . —A certificate of the second marriage having been put in , —Mr . Ballantine rose to address the jury for the defence , and , in so doing , commented strongly on the circumstances of the case , regretting that he had not the power of placing before the jury evidence which , as he was instructed , would considerably extenuate , although , of course , not justify the conducet of the prisoner . The truth was , he had lived most unhappily with his first wife , and being prevented by the monstrous regulation of a law which afforded the luxury of divorce to the rich , while it denied it to the poor , he had rashly , and certainly most unlawfully , contracted a second marriage . —The learned counsel then called Mr . Thomas Hutchins , a builder , who stated that

      he had travelled from Bridgewater to give the prisoner a character ; he had known him for four years as a well-conducted young man . — Mr . Metcalfe cros-examined this witness as to his having heard the prisoner boast of this bigamy , and assert that in the event of the second wife not suiting him , he would shave off his whiskers and get a third . ( Laughter . )—Mr . Ballantine appealed to the jury if they had ever heard of such a mode of getting a wife . He had always believed that such blessings were obtained by such appendages being retained . ( Much laughter . )—The jury found the prisoner Guilty . —When called on for judgment , he entered into a long statement of his wife ' s abandoned habits , which she , on being called , said was totally without foundation . —The Common-Sergeant , on hearing this , ordered him to be imprisoned and kept to hard labour for 12 calendar months .

      Police Courts

      POLICE COURTS

      —O—« Mansion-Ho Use. Emigration Fraud,—L...

      —o—« MANSION-HO USE . Emigration Fraud , —Lionel G , Thompson , late of No . 1 . Richescourt , Lime-street , shipping agent , was brought before Sir Robert W . Garden , in the custody of Michael Haydon , the officer , upon a warrant issued under the Passengers Act , for the non-payment of of the sum of 591 . 4 s . 6 U , being the amount of the passage-money , and the incurred in

      expenses , consequence of the default of the prisoner to provide certain persons named Hart with passage in a vessel called the South Sea ; and also charged upon a warrant for a conspiracy with G . Shotter , to defraud William Henry Bassett , a person yho ejected to be a passenger by the same vessel , of the sum of i ei' w * PP eared in pursuance of his recognisance upon which fair h . W . Garden had discharged him , who expressed at the same time his opinion that Shotter had not been aware of

      aninteny tion to deceive the emigrants . Thompson—I had provided three hundred passengers for the South Sea , and I acted under the belief that I had full authorit y on behalf of Mr , Baynes , who is the owner at the vessel . Sir R . W . Cardeii-It is in evidence that you have received a large sum of money from different persons , upon your undertaking to procure for them accommodation and a passage in the vessel . Ion sent them to Liverpool , where they had to encounter the heavy ent

      disappointm of rejection , and were obliged to come back for redress ; and you have done all this with the painful example of fa nZf T f y ° ' ancl the awM Foment affixed , to the ohence . Now , there are some of these industrious but unfor tunate adventurers who have been relieved from this justice-room , to the case came last before me I intimated that notice should be given to the various emigrants who have been defrauded in their attempts Lukltt T T ? H less Precarious support , whenever you nfV ^^ 4 ed * nm tell y ™ that it is my intention to send you to the House of Correction for three months , under the , femnTvn , n S ^ , ^ smn of 59 Z ' * - ^ and I shall Ste ^^ ™^^ * -spiral * * i f llocomlai ff

      ITrLVi T , P » ^ having been defrauded by you 2 !^ TiTi " H s T f llgtlleir <***• l ***** " > ' ta SfniW ? hotter lia s * em most harshly treated in being allowed I S V ? f \ Z ? prisou for ™ of bail , as it appean to ) wkl ff ^ * J ** autho ity .-liompso ^ was then conveyed to the Compter 9 IrErr ^ T * " **>***«> & . 0 ^ 8 . ?^ , of no . , Wle ' d vo 111 ' l ieesemoi W was charged with having em « S n ZTJT * ° T ney am ^ ting to ^ about 70 Z . -Edwardd JSnJS ™ o ? GTeen *^ F « wed the pay m ent to the p risoner of I 55 ™ f + i / m ° ney I- "f an 0 ther g ^ cerf residing at Blackheath--& SS ^ hi ™ * 2 U 8 s 6 d to the prisoner , who sign edd tomvllrf ™ ffw ~ J 0 Seph S ^ ***** b 00 kke ? P t ^ I a ^ Zh ^ ! ° ? those B ™ ^ been paid to him byy the pnsoner , who ought to have accounted for all of them to him . i . Ihe prisoner was remanded .

      FORGERY .-Frederick Stearns was charged with having forged a a Sw S ? L 5 ? *? 1 ° - ' ^ fr ** t ^ defraud Wnnam FoU , ™ £ ' W + , ? I ? ? havin S been heard , the prisoner wasts owl w ; nf ^ nn d ^ bail m two s ™ ties of i * 0 each , and hisis own sunty of £ 100 , would be accepted for his appearance .

      GUILDHALL . AssAULiwYary Wood was placed at the bar before Sir P . Laurie , * & tilr ^ f * aliat ' andmffirtinga severe wound on her nose , whereby she was rendered unable to attend to here

  • Citation
    • Northern Star (1837-1852), Nov. 27, 1852, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns2_27111852/page/6/