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Northern Star (1837-1852), 27th November 1852, Edition 1 of 2, Page 246, COURT OF QUEEN'S BENCH. Sir Charles Napi...

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  • Departments (3)
    • ACCIDENTS AND CASUALTIES.
    • LAW COURTS.
    • POLICE COUKTS
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      Ar00606

      Accidents And Casualties.

      ACCIDENTS AND CASUALTIES .

      Curious Eailway Accident.—A Few Days Sin...

      Curious Eailway Accident . —A few days since as the up goods ' train of the South Devon Eailway was passing Rattery , something got out of order ; the train was stopped , and Robert Brind , 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 place put it in motion . Brind , however , was standing between the rail arid 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 . Ke 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 , Gloucestershire , 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 hack 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 Tun Tip 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 Tan 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 Eewnham station , bnt 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 Railway . 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 theih 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 Mr . 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 Balryniena , was brought to an untimely grave under the following melarichoig circumstances : —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 mouth .

      In adopting this hazardous test some sparks from the tandle came in _cbnract 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 . . _FrtalJlccident 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 Biver 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 iu 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 , howeveras has been

      , the wealth brought over by the Eagle , the ship Dido is expected in a few days , which will far surpass it , having on board 280 , 000 ounces or about ten tons and a half of the precious metal . The Neptune ' with 17 , 000 ounces ; the Andromache , 42 , 051 , ounces ; and other ships , -with as valuable freights , are nearly due . _EkTtNsiON of Telegraphic Communication . —Local arrangements have been made in Belfast for the speedy erection of the * magnet _^ tejegrapb . on the line of railway between the capital of Ulster and the _Insft metropolis .

      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 Rmimv , 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 tlie high rank which , he now occupied . He had served during tlie 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 Ellenborough 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 Ellenborough , to investigate all these facts . The result of these investigations was from time to time communicated to Lord Ellenborough . The facts of the case , which the learned counsel narrated at great length , showed that Sir Charles Napier , so far from hurrying onj 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 theni 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 Ellenborough , 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-Chiefj Under these circumstances the Court would , no doubt , be surprised that an article should be published in the Quarterly Review , 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 lie 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 _ISapier , 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 enioaching on the liberty of the press to say that a criminal inforrnation , 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 _eitec from the old books , when tlie 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 imation ought not to be granted , The other judges _havmo- exed their opinions to the same effect , the rule was refused °

      CENTRAL CRIMINAL COURT . Trial op 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 . — Ihe jury , after a short deliberation , returned a Verdict of "Not Guiky . " -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 dad they had don 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 nri soner 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 feloniousl y 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 in dictment for uttering counterfeit coin , 14 pieces being found in hk possession , and he had recently suffered an imprisonment of eiriit months for defrauding one of the city charities , known as _WilsniA Charity of 1001 ., under the false pretence that he was a trader ' Th _* prisoner was sentenced to be transported for 10 years '

      Bigamy _^ -A _respectably-di-essed and elderl y 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 livedI for some 10 or 11 years ; after which they separated , from some cause that was not stated . After that period it appeared that she . X amassed some property , consiting of two small houses and some _nlT and was again married , on the 29 th of January , 1841 , at SS to a man about her own age named Joseph Hensman , stating hSf to be a widow . She placed the whole of her _prouartv at lik _§• and acted the part of " a good wife to him , _audS _woffi ft ness as a wireworker . Two years after her second _marmot _JL ond . _imsM heard that to had _aMand J _^ _ri _^^^

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

      , 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 guilty 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 witli a woman , calling her his wife . The jury found her Guilty , recommending her to mercy . The Eecorder , 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 _defraudino-Charles James Andrews . The jury found him gnilty . Mr . Cockle said the prisoner had obtained a quantity of iron , building material s , and other property from various people , amounting in value in the whole to nearly 400 Z ., all of which he sold as soon as he got them at a great sacrifice . The Recorder sentenced him to 10 years' transportation .

      Burglary . —James Lewis , 19 , labourer , and Wilson _Cuunhi gham , 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 propert y . The jury having found them guilty , a former conviction was proved against Cunningham for stealing , lead in 1851 . The Common-Serjeant then sentenced them to be transported , Lewis for seven years

      and Cunningham ior ten years . Bigamy . —William Edwin Lewis , 26 , carpenter , was indicted for feloniously intermarrying with sarah Hales , his wifetbeing then and now alive . —Mr . Metcalf prosecuted , and Mr . Ballantine defended . — The first marriage was proved to hove taken place at the Kegistevoffice in Bridgewater in September , 1851 , and that lie lived with his wife about four months . —Elizabeth Hales , the second wife , next crave evidence of having been wedded to . tlie 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 kindiy to her . She freely forgave him the

      injury he had done her , and was willing to give him up to the rightful claimant . —A certificate of the second marriage having been put in , —Mr . Ballantine rose to address tlie jury for the defence , and . in so doing , commented strongly on the circumstances of the case , regretting that lie 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 Hutchius , a builder , who stated tint

      he had travelled from Bridgewater to give the prisoner a character ; he had known him for four years as a well-conducted young man _.-l 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 Coukts

      POLICE COUKTS

      O—Mansion-House. Emigration Fiuud,-Lione...

      o—MANSION-HOUSE . Emigration FiuuD ,-Lionel G , Thompson , late of No . l . Bichcscourt _. Lime-street , shipping agent , was brought before Sir Robert W . Carden , m the custody of Michael Haydon , the officer , upon a _^ 1 _^^ _** _**»«>& " Act , for the non-payment of of the snm of 59 _* . 4 s . 6 d ., being the amount of ie pa _^^ e and the expenses , incurred in consequence of the default of the pri-! _Xwi r _! i T tain perSOnS named Hart _vitl 1 P _^ _ge a vcssel called the South Sea ; and also charged upon a warrant for a conspiracy wi h G Shorter , to defraud William Henry Bassett , a person who expected to be a passenger by the same vessel , of the sum of _iwni _q _7 p w n er _W _^ ed in pursuance of his recognisance upon m _^ WW _^ _? ¥ discharSed him ' * expressed at the _lt Shotte not been aware if

      inten-T _^^^ _T _^^ L _^ any _Wl 1 _1 th < J r _^ f _^ ' _Thompson-I had provided three _SiS ? TVV S ° UtllSea ' and X acted under the belief of tt v _fi Ml _^ l 3 _^ _tohalf of Mr , Baynes , who is the owner c ived I 1 < _f * _; ' _G _^ -I * m evidence that you have ro-Xl tf m ° / mTy from tlifferent _Persons , upon W undervSs 7 Yrr _^ i _fT . acco _™^ ation and a pas age in the heavv dfcVJS _w ° Liver P ° ' wliere _^ _W to _encounter the r _^^ _K" ? _, reJeCti ° ' vere obl W _™ me back for imZ \ Z Jf haVe U d ° aU tMs with the painful example of f a Ince Zl Z ° ' " _* _avfuI P _^ ent affixed to the adven urefs wh T * _*? _*** _., these indust _™« _^ _™«—c _thlcafe _camrW w _^ T eileVed from this J _^ _tice-room . When o the vaS _, _/ n _^ ° _. _^ V _*™^ that llotice _should be _tfven o _wtSm _f ° been defrauded in tllch' _atteV _™ goto _' another country for _rss ™< p _™™™ _. m * __ i , L SoSd 5 y or less precarioiis _^^ i

      e ZXnrrT p ****** _™ send vou to th _^* _W ' _^ 1 tel 1 _>* ou tha _* [ t is _W intention _Passes' lol _^?? e ° Cori _' ectio _» _^ three months , under the _SK n _^ il S _?® 8 , pay the Bum of m ' 4 s- _Cd , and I shall _oXK _S 1 , _5 1 > day _^ ° the cha _S of _conspiracy , in order _appSff _* _KhI f T _^? ° _^^ g been defrauded by you of oS _^ lar _^^ f ? _* _" _? 1118 tllGir Claims 1 thi _« k _* nece _^ ry to _Kto _^ _KtS GU m ° lia _^ _% treated in being allowed _^ Z _^& _£ _2 _% ? T ° ; _™ Of bail , as it _appears to _uCffl ? I _^ is , clerktoMr . s . Peai , of No . bUd various _sS _orST _* 8 _" _^ _^ l with having em-Deal , a _erocTa _foLl ° a T ; mtill _S about 701 . —Edward various 2 _^ of m _^^ _Cf * _* _" ** " _* tlie F _^ ° t If , proved the _paySt _TwTff' T _^ M f _^ * i the receipt in her _wesm _^ t i c K to _**• prisoner , who signed to Mr . Peart , p oved _tlatl f _. ? h Spivey ' casllier and bookkcei f the prisoner _wKS ? t Tf ° _^ SUmS had been P to hil _^ _ThepriwnerWS _a _* lme accoimted _^ _& <* them to him . ha

      binrf _SLJStit " _- _/ . + chai _^ _with ™ s s a innkeeper , of Erith ij _? ' * _^ mtent to defra _™* William Fownes , _i _^ nto _^ _^ _tTOWdTw" _? _- _! _^ been _beaid , the prisoner _^ own _surity So w _S _^ * J _- SUrities of _^ each ' _^ y _* _iuu , would be accepted for his appearance . _Assujl — GUILDHALL . _cliaiSftr committL ? _^ plMed at the bar beforo Sil > R lm ' > _wouna _ouhe nose _wWw _f' Wlth al _^ tchet and inflicting a severe « aw nose , _wneieby she was rendered unable to attend to her

  • Citation
    • Northern Star (1837-1852), Nov. 27, 1852, page 246, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/nss_27111852/page/6/