The Press. — London, England, 1853-08-06 00:00:00

AUGUST 0,,1855. AXIL pretreat any danger. The special train proceeded on its journey, and the neglect charged against the defendants was that they took no steps to give notice at the succeeding stations of Ash and Faru ham of a special train being apes She Sae, and the con• sequence was, that the deesaned, mho Inn I porter at the latter station, believing it to be the ordinary ppwases ger train, rose to meet it, believing it would stop at the tifltioa, n and was run over and killed. He believed there was no distrie telegraph upon the line by which a message could have bees transmitted to the stations, giving them notice of the fact of a special train being upon the line, but he submitted that under Ile circumstances some means should have been takes in gke anodes of Use Ilase, and that not doing so amounted to The CHisr Banos inquired of Yr. Bodkin ins eotaddered the notice ought to have beau given? Mr. BODKIN was not prepared to say when the notice ought to have been given, but contended that the chairman of a railway ought to be well acquainted with all matters relating to the safety of persons upon the line, and was In a different position to an ordinary person. The CHIKr BARON did not agree with the learned counsel in this respect. In his opinion a railway chairman or director wbo engaged a special train was in exactly the same position as au ordinary traveller, who might reasonably suppose that all that was necessary to be done would be done by the persons hi the employ of the railway upon whom that duty devolved, and could not be responsible unless it was shown that he bad done *onto personal act or given 8011D1 direction which led to the accident. Mr. BODKIN said that, as this was his lordship's opinion, there was an end of the (nee. The LORD CHIEr BARON wished, before the jury returned their verdict, that they should distinctly understand the grounds upon which he formed his conclusion. It might be very true that one of the defendants was chairman of the board of directors in London, and that the other was superintendent of trait'. in London ; but when they were removed to a distance from what might be called the scene of their Immediate activity or business, and were at a considerable distance, he thought it would be going a great deal too far to make it a matter of criminal negli- gence on their parts that they should not he acquainted with all the arraagementa of that portion of the railway where they hap pened to be, and that if an accident. occurred in consequence of some want of notice being given they should be held responsible under the criminal law. It appeared to him that when the defendants engaged this special train at Guildford they were as liWe responsible for the oonsequeuces of that journey as an entire stranger would have been, and he thought it was rather too much to say that the chairman or the superintendent upon a railway was bound to be aware of the time of starting and stopping of every train that travelled upon the line trom one end to the ether. The ATTORNZT-GENERA[., believing that • good deal of feeling bad been shown with reference to the ease, begged to say • few words in justification of the gentlemen for whom he appeared on the present oecasion. It had been stated that this special train had been engaged by the defendant for purposes of their own, but there was no truth whatever in that statement. The train was engaged entirely for the purposes of the railway, and the object in going to Alton was to make a survey, and see that the line was in a proper condition. There were no means by which notice could be given that the special train was on the line ; but it was due to the defendants to state that the proper signals were exhibited at the stations, which it was the duty of the de ee•sed to have attended to; and if he had done so he would have known that this was not the passenger train, and the acci dent would not have occurred. The jury then returned a verdict of Not Guilty, and the defen dants left the court ONE OF Two PARTNERS, foreigners, and desig nating themselves merchants, was examined at the Guildhall on Wednesday, charged with obtaining a quantity of French truffles, valued at 1201., by frau dulent representations. His name was Jean Auguste Labat, and an order he gave in the name of Sange and Co. for another consignment of the same article from a house in the City led to inquiries which re sulted in the present charge, in which a merchant of Carpentras, in France, was the real sufferer and prosecutor. The place of business whence the soi• divine firm dated their orders was 94, London-wall, but on inquiring there Labat was found living in a back parlour, for which he paid 7s. per week, and there was no name up, or anything else to indicate any business being carried on. When he was searched, eighteen pawnbrokers' duplicates relating to property pledged for small amounts of Is. and Is. 6d. each were found upon him. By way of proving the truth and respectability of his alleged merchan dising, the defendant called his partner, Guillaume Charles Theophile Sange, who declared that they were actually engaged in a genuine business, having commenced partnership in April last, and done busi ness with various wholesale houses in the city of London. Labat conducted the whole of the trading, but he visited the " office" occasionally. The witness added that by their partnership agreement they were to share between them 51. per week out of the pro fits, but admitted that he had brought no capital into the concern:— Cross-examined : I received 101. on account of the truffles from I.argier, and the prisoner received 40L I paid 7s. for the rent of the office in London-wall only once. I owe Moutin, a baker, up wards of 2L fur bread he has supplied to me and others. I occupy the third-floor back room at 24, Deau-street, for which I pay Ss. Ml. per week. I formerly lived at ot, West-street, Carnahy. market, where I paid 4s. 6d. per week for a second-floor back room, which I afterwards left, owing 13s. 6d. fir rent, but I paid it within a week. Previous to that I lived at 16, King-street, Soho, and occupied a third floor front room, fbnilahed, at be. per week. I left that place owing the landlord N. rm., but I gave him my acknowledgment for the amount, and he has never troubled me since for the money. I receive no money as charity from any society in London, hut I do receive 6.. per week subscribed by my own political friends. Mr. Parry, who appeared for the prosecution, con tended that it was evident the "firm" was not jus tiled in holding themselves forth as respectable merchants and men of capital, and that the orders they issued under that designation were construc tively fraudulent. The consequence of M. Sanger evidence on behalf of his par.ner was therefore to place himself in the same predicament, and both were consigned to prison, in default of sureties for their future appearance. THE P ES THE ITNHAPPT CASE of THE BAHOWESS VON Baca has resulted in another action, brought by Constant Deers de Meroda against tour parties, at whose re quest, or under whose authority, the arrest of him self and the late baroness had been accomplished at Birmingham. A similar action was tried last sum mer, when a verdict was given for the defendants ; but a new trial being moved for, and granted, the plain tiff now returned to the charge better provided with the technical evidence, the lack of which had been the chief occasion of his failure before. The cause was heard at Warwick, on the Midland Circuit, on Wednesday last, and ended iu a verdict tor the plain tiff; the jury finding his allegation of false imprison ment established, and giving him 8001. damages. IN THE ST. CROSS IitiSPITAI. CAME, which has been the subject of such protracted litigation, judgment was delivered by the Master of the Bolls ou Monday last : The eompland was'lliat the property of this charitable estal) • lialunent had been misappropriated ; also, that the funds of the charity in CO '4' C with ht. Cross Hospital, called the House of Noble Poverty, established as early as 1446 by Cardinal Beau fort, had also been diverted h.oin the origiind purposes of the charity. Disputes had taken place *OM time to time as to the proper naude of ad AAA 11l tett.tillg the property of the charity, midi it win (Mind necessary to draw up what was called a comment. dinarium for the regulation of the charity. Notwithstanding which, its fluids continued, as it was alleged, to be misappropri• ated for 1541 years subsequently. Under these cirriunstances the court had come to the determination to make an order that the charity should be re-established so as to render it conformable to the original trusts, as laid down by the f lens, as nearly as the altered chre maces of the times would isennit ; for which reason it would bum part of the judgment that the practice of granting leases on lines, by which it appeared that the property — and the income, more espMally--isf the charity was materially Injured and diminished, should for the future be discontinued. There should also be an inquiry as to the present state and eon dition of the charity, and an order that the present master of SL Cross Hospital, the Karl of Guilford. al Id account for the re ceipt of the rents and profits of the hospital from the date of the Ming of the present inkftination. SECOND EDITION. SATURDAY EVENING. LATEST FOREIGN INTELLIGENCE. (Front our own Correspondents.) A telegraphic despatch from Madrid, dated the Ist inst., states that the Queen had refused to accept the resignations preferred by her minister, with the ex ception of that of Senor Mayano, the Minister of Public Works. Senor Collantes has been appointed in his place. All the railway concessions are to be confirmed. The Russian army in the principalities, according to the last and most authentic accounts, will com prise sixty-four battalions of infantry, eight regi ments of light cavalry, two regiments of Cossacks, twenty batteries of artillery, belonging to the 4th and sth army corps, in the whole amounting to somewhat less than 140,00(1 men. The 3rd army corps is mobilising, and will probably follow, should the two divisions of the sth army corps which have remained at Odessa and Sebastopol cross the Danube. General Manin commands on the Lower Danube. The quarters of Prince Gortschakoff are at Jekucz, a small town at some distance from Berlad. The Austrian army at Peterwardein amounts to 18,000 men, of which 4,000 were furnished by the garrison at Vienna. Dip oniatic news from Constantinople contradicts formally the statement that the banner of the Pro phet, proclaiming a holy war, had already been hoisted. Public excitement was on the increase, and rears were entertained about the maintenance of the local peace. It is said that the charge d'affaires of Prince 0 hika had lefteonstantinople, declaring that, as the Porte had not the power of preventing foreign military forces from entering Moldavia, or of pro tecting the principalities efficaciously, the latter would throw themselves entirely under ltussian pro tectorate. The semi-official Austrian Correspondence contra dicts the statement of some London journals that the resolutions adopted by the representatives of the great powers were sent to St. Petersburg, in the form of an ultimatum. A great Council of Ministers was held at Vienna on August Ist. It lasted several hours, the Oriental question being the subject of their deliberations. The representatives of the great powers held daily conferences with the Foreign-office. The Queen of Prussia arrived at Scluenbrunn on August 2nd. The marriage of Prince Milosh Obknowitsch of Servia with the Austrian Countess Kethely took place at Vienna on August 2nd. The Russian Am bassador was present. Professor Gervinus, of Heidelberg, has received a call to Zurich. He has refused. • In a Council held on August let at Copenhagen, the King of Denmark signed the act by which Prince Christian of Ulucksburg is to ascend the Danish throne should the male descendants of Frederick 111. become extinct. Prince Christian assumes the title of Prince of Denmark. 323 Several young Walachian:4 have arrived in Paris. They fled from their native country at the commence ment of the Russian invasion. It is said that after the departure of these young men no passports were granted to other inhabitants of the province who likewise desired to go abroad. The Consul-General Kotzebue has been appointed to the poet of Secretary to the Diplomatic Chancel levy which has been established in the princi palities, with General Dannenberg for its President. The Czar has ordered the Baltic fleet to be equipped and go to sea immediately. The fleet consists of about twenty ships of the line and fifteen frigates. Padre Vitalli, the administrator of a Capuchin convent, has be en arrested at Cremona. lie had been preaching at a place near, and when he left the pulpit was taken into cus tody and conducted to the city. MAJOR.GENERAL JACKsoN is to ho Commander in-Chief of the Cape, vice Major-tieneral the lion. George Cathcart. *hose time has expired. Major General Staveley, from Bombay, is to succeed Lieut.• General Sir Richard Armstrong at Madras. Major General Anson is to be appointed to the stall in the East Indies. TN SOUTH STAFFoRDSHIRE there appears no probe. bility of opposition to the return of the lion. Edward Littleton ' the son of Lord liatherton, in the room of General Anson, appointed to the Bengal command. At one time it was supposed that the iron interest would put forward a candidate in the person of Mr. Philip Williams, but. that gentleman, at a meeting of the trade, recently held at Handsworth, repudiated any intention to enter the House of Commons. Lord Ingestre, the son of Earl Talbot, and Lord Anson, the son of the Earl of Lichfield, have likewise been spoken of, but., at present, appearances betoken a quiet and unopposed election. His EXCELLENCY THE RUSSIAN MINISTER and the Baroness Brunow have issued cards for a grand ball on Thursday next, the 11th instant, in honour of the Grand Duchess of Leuchtenherg and the Crown Prince and Princess of Wurtemberg. THE second of the new and splendid ships of the General Screw Company's fleet was launched this day (Saturday) from Mare and Co.'s establishment at Blackwell. She is named the Jason, and is of 2,500 tons burden. Her engines (screw) will be 400-horse power. THE STRIKE OF THE LONDON DOCKYARD LABOURERS is to he imitated, at the East and West India Docks. A meeting of the men on strike was hold last vemng in Bonner's-fields at which not fewer than 3,000 assembled, principally connected with the London Docks, and passed resolutions declaring their intention to stand out for 3s. a day, and ridi culing the efforts of the employers, who, it was said, had ransacked the workhouse and Greenwich Hos pital for fresh hands. During the proceedings depu tations from the East and West India Dock labour ers made their appearance in the field, followed by a crowd of working men, in front of whom was borne a large white banner, with the inscription, " East and West India Docks. Brothers, be firm. 3s. said no sur render." They were received with heartycheering ; and, when some order was obtained, several of the deputa tion addressed the spectators, and it was understood that the labourers in the East and West India Docks were to strike on Saturday (this) morning at eight o'clock, if the directors (lid not give 3s. per (lay. The meeting went off very quietly. A TELEGRAPH DESPATCH was sent yesterday to Chelmsford and other places, requiring hands to be sent up, and the towns have been placarded with notices that men are wanting at the London Docks, and offering preferable work to those of good character. CITY, SATURDAY. The Funds continue to droop. Consols close this afternoon at MI 1. Shares and Foreign Stocks are flatter with Consols. NETRY.—The Northers Bee, a jour nal known for years as the semi-official organ of the Russian Government, has published a poem by (Warns', from which we extract the following tran script :—" From the lee Sea up to the shores of Pontus a million of bayonets shine, dire, ten ng and with portentous noise—on the ruled ocean a hu idreds of ships are to be seen, and on the endh am t rritory the very ray of the morning sun has completely vanished away, ttc." THE DUTCH GoVERWHENT has answered the objec tions raised in the sections of the Second Chamber against the project of law regulating the control over public creeds. The Government maintains its constitutional right of legislating on the matter, but introduces several important changes in the bin. The answer is accompanied by a note of the Papal interntmcio at the Hague, authorising the modifica tion required by the Dutch Government in the forth aif the oath to be taken by the prelates. _ M