The Press. — London, England, 1858-08-21 00:00:00

814 The FOREMAN asked Captain Miller if he thought it possible for any one to get a sword out of a man's body into which it had been thrust seven or eight inches without altering the motion of his hand ? Was there nut some jerk on the part of Lieutenant Clavering ? Captain MILLER said he observed nothing of the sort. He continued, in reply to other questions, to say Clavering and he examined the swordstick at the first light place they cams to on the road. They had not gone anything like a mile before they exa mined it. They were only a short distance from the body before they met the cart. They had got through the railway arch which crosses the Acton road before they did so. He should think they were from the body about twice the distance along the Acton-road, from the end of the Priory-lane, which abuts upon that road, to the railway arch, before they met the cart, which would be about 200 yards. They did not ascertain whether the cart stopped and took the body up ; they were too far off to see whether it did or not. A JURYMAN asked Captain Miller if he was sober at the time. Captain MILLER said he was as sober as a bishop (a laugh), and Lieutenant Clavering was also per- fectly sober. The witness withdrew, and at the suggestion cf Sergeant Ballantine, and also at his own request, Lieutenant CLAVEIUNG was called, and in reply to questions put by Sergeant Ballantine, said :—I am a lieutenant in her Majesty's navy, and have served in China and elsewhere. Captain Miller, a friend of mine, was on a visit at my house at Bayswater on Monday week. lam a married man and have two children. Another officer, Captain Skipwith, was also steying at my house on that day. About ten o'clock in the evening a walk was proposed, and, though I had taken a good deal of exercise during the day, I said I was game for a walk either to Harrow or Acton. My aunt had formerly resided at Acton, and I knew the road perfectly well. We wanted to take the first road round by the Pack Horse to the railway, but having passed that we went by a longer road, instead of taking a shorter cut, which had been my usual way in going to the rail road. That led us to the station house, where we asked the road, but got no answer. We then found we were at the end of Priory-lane. We turned down the lane, and did not hear the noise until we got nearly to the top of it. We heard a man cursing and swearing, as if be had been fighting somebody or had lost something. We had not then seen him. He was on the further side of the road, towards the railway bridge, and a good deal in advance of us. On emerging from the lane we turned towards London. Then Captain Miller said, " Stop a mo ment, let that fellow pass on ; he seems to be a bad character." The man was then about ten yards in advance of us. We stopped imme diately, and then the man made a nish towards us, coming across the road as he did so. Capt. Miller was then on my right side, and we were quite close together. Sergeant BALLANTINE : What did the man say or do ? Lieutenant CLavEarrto : He said, " What the 13— are you doing there ?" I said, quite quietly, " We are two gentlemen taking a constitutional walk home atter dinner, and allow us to pass on our way." He muttered some imprezation, and I then said, " Take care, for I am armed with a swordstick." He then grasped at my swordstick, exclaiming, a You —, I will do for you both." He wrenched the sheath off my swordstick, made a spring back, and then sprang on me, and struck me with the sword-sheath on the right side of my forehead a very violent blow, which slightly grazed the skin, though it was made through my hat. He also stuck me a blow on the right shoulder, but the violence of that was broken by the rim of my hat. I wore a stiff, low crowned, wide•awake hat. He then sprang back to make another blow at me. I pointed my sword up wards, and he struck it a violent blow with the sheath, so much so that I thought the sword was broken. He sprang back to aim another blow at me. I then said, " I am a strong and determined man, and if you strike me again I may do you a personal injury." I cannot recollect whether I said " I may " or " I will do you a personal injury." I think I used the words " I may." He made another spring at me, and alter coming forward two steps he fell. I was two yards at least from him when he fell, so that whatever injury may have been inflicted upon him must have been inflicted at the third blow, when he struck my swordstick. Sergeant Bia.narrrNE : Were you, upon your oath, conscious at that time that you had inflicted auy injury upon the man Witness : Upon my oath, I was not. When he fell he let the sheath out of his hand. I did not see him rise again. I then marls a grasp at the sheath and passed on, thinking the man would get up again. I said to Captain Miller as we walked along, " I hope I have not pricked that fellow in the arm." The effect of the blow of the sword•sheath on the blade of THE PRESS, AUGUST 21, 1858. the sword was to turn the sword downwards. I was not then conscious that the sword had touched his body. There was a mark on the sword, which I showed to Captain Miller two or three minutes after the affray, saying, "There is the place which the fellow must have hit when he struck at my sword stick." That was the first time I ever had the swordstick out of doors in my life. I purchased it in the month of March last. I then bad the charge of the Siamese Embassy in London, and I bought the swordstick, thinking at that time that I should be going out to Siam with the Embassy. We afterwards met a cart, and 1 sung out to the man driving it, " There is a drunken fellow lying on the side of the road there ; don't you drive over him." Mr. Sergeant BALLANTINE : When did you first learn that a man bad been found dead in the road ? Witness: About two o'clock on Sunday afternoon when I read the account in the Observer. I then went to Sir Richard Mayne and told him what I knew about the matter, and this I did without com municating with any one. I saw Sir Richard about four o'clock on the Sunday afternoon. I had com pany at my house (continued the witness, in answer to Sergeant Ballantine) during the whole of last week. On the Tuesday we had a ball ; I went to the theatre on Wednesday night; we had a picnio party to Richmond•park on the Thursday, and a dinner party on the Friday. I swear I did not strike the man. I mean by that that I made no thrust or blow at him. I have been in active service in the navy, and have bad the command of two ships. I commanded the Pluto on the coast of Africa, and the Caradoc in the Mediterranean. I took Lord Lyons to Sebastopol on the day on which it was given up, and I brought Sir William Codrington home. I had a glass of whisky.and•water between ten and eleven at the Pack Horse, Turnham•green, and Captain Miller had a glass of beer during our walk. We only had it for the sake of asking our way. With the exception of two glasses of sherry at dinner before coming out, that was all the drink that I had had that evening. Other witnesses were then called, who deposed to the fact of the deceased being intoxicated. Mr. L kNOHAM, the surgeon, said he had heard the statement made by Lieutenant Clavering, and the wound was consistent with the evidence given by that gentleman. The CORONER summed up in the usual way ; and the jury, after being absent about two hours, returned the following verdict :-- We, the jurors, consider that the death of John Gates was caused by a wound in the chest, which penetrated to his lungs and heart; but whether the said wound was inflicted wilfully, or was caused accidentally, there is not before the jurors sufficient evidence to prove. The CORONER said he was bound to say that, had he been a juryman in this case, he would have returned a verdict of that kind, or some closely ana'ogous to it. The circumstances of the case were involved in great doubt and difficulty ; but this was a very severe verdict, because, in point of fact, it showed that Lieutenant Clavering's description of the manner in which the wound was inflicted was not credited. The FOREMAN said they had given him the benefit of their doubt in that respect. The CORONER said he did not think the jury could have done otherwise. At the same time he must remark that none of the particulars of the case would have been known if these gentlemen had not come forward as witnesses. Notwithstanding, it appeared that the jury did not give credence to their state ments. The FOREMAN said there were some statements made in the evidence which they found it impos sible to reconcile. The CORONER said he had no doubt the jury had acted conscientiously. Mr. GIFFARD (the barrister) said Lieutenant Clavering and Captain Miller were in attendance. The CORONER ordered their recognizances to be discharged, and said they might leave the court. The proceedings then terminated. SIR FREDERICK CURRIE, Sir Henry Rawlinson, and General Sir R. Vivian, have accepted seats in the new Indian Council. General Vivian may be considered to represent the Madras presidency and army, neither of which had any representative in that part of the Council elected by the late Directors, or among those hitherto nominated by the Government. He was no minated a Director of the East India Company under the Act of 1833, and commanded the Turkish Con tingent in the Russian war. He was for several years Adjutant-General of the Madras army.—Mr. John Stuart Mill, to whom Lord Stanley offered a seat in the Gouncil, has declined to serve on account of failing health. A seat has also been offered to Mr. J. P. Willoughby, M.P., but he has not yet so. cepted it. !Tjoneg ratfut anti Citg FRIDAY EVENING. THE return of the Bank of England fur the week ending Wednesday last, the 18th inst., shows the following changes compared with that for the week preceding : I jr ) n e c c r r e e a a s se e i i n n Public Circulation ........ ti ts ,Fivi Deposits ...... Decrease in Other Deposits lncrease in in Government Securities2°lCit Decrease in Other Securities Circulation,lncrease B eclrrl ieeoaan: n i e i e i n nn ol tjuehn Reserve l sletipiounlnedpi Departments mts g Bank Post 17:141:::1°774RU Bills This comparison again shows that the business of Bank in U.scounts and Advances continues to fall t owing to the lower terms offered by the Lombard -street houses; for the Private Securities, it will be observed hate fallen off rather considerably, until they aggregate now; no more than about 15,000,0001. In order to employ some portion of its reserve, there being comparatively ' discount or loan transactions, the Bank is adding gradually to its stock of Public Securities. Meanwhile Private Deposits are being reduced by withdrri from public bodies ; but this item is of 1 consequence under existing circumstances. The Put Deposits continue to enlarge as the quarter progresses, showing that the revenue is well and cheerfully - and as a necessary consequence the circulation undergoing some contraction, which, in the absence t other means to employ the money, tells upon the amount of the Reserve. The Bullion has received a satisfactare addition ; and it now approaches 17,500,0001., with prospect of a continuous increase for some weeks to come. Altogether, the position of the Bank is such as to impart confidence to the trade of the country. The commercial demand for money is still rather , the increase, but it is readily met by the ample supplies the market, so that hitherto it has caused no change in rates. They remain at the average given last week of and-a-half per cent. Although some portion of the demand has naturally arisen front incidental circumstances—snr' as for payments connected with the gathering-in of t harvest, and for the provision which is an ordirary charm' teristic of trade towards the fall of the year—there can' no doubt that by far the greatest proportion of the der has arisen out of the just and legitimate requirements genuine commerce. It is an obvious fact that there speculative movement to create a demand for capital. joint stock undertakings are projected except very few ~ bona-fide and remunerative character. Anything hazar dous or involving doubtful results, in the present temp of capitalists and of mercantile men generally, receives absolute discouragement, even though the possible results may appear promising. In this disposition, which is common to all the commercial classes, it is impossible to create combinations of sufficient extent to affect V value of money by speculative projects. It may therein?' be repeated, with some degree of confidence, thin existing inquiry, growing as it is, has not arisen, and arising, from a spirit of doubtful enterprize. Whence has it arisen ? This question is readily answered. It arisen from the reviving trade of the country, which actively occupied in the execution of enormous domestic orders for almost every description of manufacture. Mi. of it is also due to an increase of foreign trade, though this respect there is still room for considerable deie ment. The American, Brazilian, Canadian, and trades are not so active as they might be, and have but on the other hand the trade with India, notwithstandi some disasters at Calcutta. is extending, and a I market, almost entirely new, is springing up in that colonial dependency to which the gold discoveries Frazer's River are giving so much vitality and energy. the same time Australia is sending target orders fur. products; and even China is in same important respects adding to her trade with us. In point of fact our ' customers at thin moment are ourselves at home and relatives in the colonies; while contemporaneously the additional requirements from these quarters the there irso gradual extension of our foreign trade prcper. such an expansion requires capital for its suppor t. moderate demand for capital, which is the prevail feature of the Money Market, is the necessary conseqt of this expansion. It is most satisfactory to perceive it has arisen from a cause so natural and so legitur and it is also satisfactory, for the sake of our commercial interests, that the terms at which it is supplied are so' partitively cheap. They cannot be expected to retest however, in the event of any further material extension trade, or of a demand for great enterprizea, particularly: we are now approaching the last quarter in the year, wl, more money is ordinarily required, and when the re turn . from fixed investments are usually less in the agg re ll t . 2t , a than in the preceding quarters. Considera t i on s of kind induce us to repeat that it is hopeless to expect mo u e)h going below the present market rate ; standing the possibility of a reduction in the ro i discount in France, the tendency here willprobabi I the opposite direction. a nd that, not ' ova tt, fro int! niel 14rr eek fro' the sap (le, eek bee 0511 P°' to the col off es' fro e:. oh alt be cr I the in off, trees hate of in )w to some few 1 . us if al tl its in swabs little 'ublic mt eases, paid, in is ice of s mount etsry ith a some. input upon lies in in the )f two- smand —such of the !bane. tan be e mand tots of vista 1. No w of a hazes. tropes !ceives results [eh is ossible et the srefore tat the As not e then It has tich is mestic Much ogh in Nylon- other been; tndiog large at new ies at y. At home , apeota ir best of our y with reisa Course The railing iuence re that imste; io emit - lain so, sion of arty 0 when Timms tregst a A this money itwitb - i tle of I be in