The Press. — London, England, 1857-04-25 00:00:00

APRIL 25,1857. the boiler was found embedded a foot deep in the premises of Mr. Beddowes, coach-builder, Cleveland road, more than a gun shot from Mason's. When the smoke and dust cleared away, a search was made on the premises, and a most deplorable spectacle presented itself. Mr. Mason, jun., the acting pro prietor of the works, had his bead blown off, and his arms nearly severed from his body, which was otherwise horribly mutilated. The engineer and two other men were also quite dead. It was ascer tained that. twenty-three persons were wounded, and many of these bad not been engaged on the premises, but were merely passing in the street at the time of the accident. Most of the survivors were taken to the South Staffordshire Hospital. With regard to the cause of the calamity, it is stated that the water in the boiler was allowed to get so low that the metal became red not; a supply of cold water was poured in, and the explosion took place. THE LIINDHILL COLLIERY is now nearly emptied of the water. Last Friday week the first descent was effected into the mine since the explosion. The ex• plorers penetrated a short distance on each side of the shaft. All the doors and stoppings were blown down, and the state of the mine, as far as the explorers could see, afforded strong proof of the intensity with which the fire had raged. The roof was falling in is many places, and the stables were down. The party remained in the mine for a considerable time, and suc ceeded in finding three bodies. The bodies next day were got up and an inquest held the same night. The identification of one of the bodies was accurate. Though horribly decomposed, the wife recognised the body of her husband, Thomas Gray, by a wart on the root of the thumb on the left hand. Another woman, Mrs. Cutts ,recognised the body of htr son by the waistband of his trousers. Six had hurriedly repaired it the day of the explosion, and left one but tonhole unfinished. Every possible precaution is being taken to prevent any ill-effects from the effluvia which will come from the pit. Dr. Holland, of the Board of Health, a few weeks ago visited the pit and gave various directions with this view, and Messrs. Sadler, Ibeson, and Sadler, of Barnsley, surgeons to the Landhill Company, have addressed to them a long letter on the same subject. They recommend that all advances from the bottom of the shaft into the pit shoul.t be preceded by the circulation of sul phurous acid, to be generated by mixing oil of vitriol with M‘Dougall's powder ; that only hale men should be employed in the recovery of the bodies ; that, provided there is much smell, the men should come frequently to the surface, and that any person who may feel himself powerfully affected by the stench should at once return for a while to the fresh sir. They intimate that to carry out the latter recom mendation it will be necessary to have relays of men, so that the work may progress as rapidly as possible. They recommend the use of Stern house's charcoal respirators ; that M'Dougall's disinfecting powder should be not only dredged upon the bodies but freely scattered about the mine ; and that the corpses should be put in coffins lined with pitch, and kept in readiness in the . pit. The letter concludes as follows : From the pit having been on fire. some days before the water was admitted into it, it is probable that the bodies have been exposed to the action of a strong dry heat, which would reduce them to a state somewhat approanhing to that of mummies; certainly the three bodies recovered on Friday night last resembled this state, but this may have been caused by the men being near the furnace when the explosion took place. The above recommendations are being, and will con tinue to be, carried out as fully as possible. On Tuesday night five more bodies were di s covered, all mutilated and decomposed. The work of clearance proceeds slowly, the Liebris from the fallen roof in volving much labour in its removal. G4;alu anti DENISON v. DITCHER. ARCHDEACON DENISON'S appeal that as proceedings had not been taken against him within two years, according to the provisions of the Church Discipline Act, the whole matter must fall to the ground, was finally adjudged on Thursday by the Dean of Arches The learned judge reviewed all the facts of the case, and said the question at issue was, whether the proceedings were taken against the archdeacon within two years of the commission of the offence. He (the learned judge) must rule that the issue of the citation was to be taken as the com mencement of the proceedings according to the Church Discipline Act, and that as more than two years elapsed between the commission of the offence and the commencement of legal proceedings, his opinion was, that whoever might be to blame, this suit had not been pursued with sufficient activity, and that the archdeacon must not suffer. Having cited many cases to the same effect which had been decided in that court, and finding no adverse decision in any of the superior courts, the learned judge said he must pronounce for the appeal, and thus reversed the decision which dismissed the archdeacon from his preferments in the Church. THE PRESS. Dr. Phillimore applied for costs. The learned judge said be must decline to make any order. Mr. Bathurst, on the part of Mr. Ditcher, gave notice of an appeal to the Judicial Committee of Privy Council. With this decision of the Dean of Arches all the other points connected with the appeal which the Court of Queen's Bench ordered the learned gentle men to hear, and which would have gone to the merits of the sentence of deprivation which the Arch bishop of Canterbury pronounced, fall to the ground, and, as far as the Court of Arches is concerned, the case is at an end. IHE ROYAL BRITISH BANK. THE adjourned examination of Mr. Stapleton was resumed on Wednesday, before Mr. Commissioner Holroyd. Mr. Coryton, depositor, applied for an order to stop any further examination on the plea of expense. The Commissioner having declined to accede, Mr. Stapleton's examination proceeded. He was not aware that Mr. Mullins had died letely indebted to the bank. Mr. Cochran's debt, which on the 4th Feb., 1856, amounted to 8,0261., had reached 10,3291. by the time the bank closed in August. From the sth to the 30th August, 1856, the day the bank closed, Mr. Cochran had received from the bank upwards of 1,0001. The sum of 393/. for bad debts, announced to the shareholders in Feb., 1856, as a provision to cover those debts, he did not consider "sufficient." He had no " exact idea " of the actual losses of ths bank at that period. He did not know they exceeded 25,0001. He had read and remembered the exposures and attacks in the Joint stock Journal. He believed a portion of them to be untrue. With respect to Cameron's debt of 30,0001., Mr. Esdaile, on the Ist August,lBs6, stated that the bank was covered by Cameron's securities. He (Mr. Stapleton) thought at the time that this was too sanguine a view, but be took no steps to correct the misstatement : Mr. LINKLATEB: Now, Laving had warning after warn ing in the Joint stock Journal with reference to the false hood, as alleged, in the amounts laid before the share holders, I ask you, did you take any steps whatever to see of what the assets consisted that were represented to the shareboldets in the balance-sheet of August, 1856? Mr. Stapleton: I took the most effectual step, and the only step that a man in my position could take. I put the preparation of the balance-sheet in the hands of the new general manager. The first item in this new balance sheet represented the assets as being 810;2041. Os. 7d. I cannot say whether that was a true account. If Crawford had had time he would probably have prepared a very dif ferent balance sheet. I was on the past dne bill dem tnittee. Crawford very possibly told me that the assets of NlO,OOOl. included past-due bills to the amount of 42,0001., hut they were considered a valuable property—worth 2)s. in the pound. Mr. Stapleton was next examined touching his knowledge of the past.due bills book and other debts owing to the bank, and the manner in which each debt was described. The amounts varied from 201. to 20,0001. Against one debt to which Champion, Corser, and Rubinson were the parties, there was written in his own hand, "Champion dead—Corser discharged—and nothing expected from Robinson." Against another was written, " All in the Gazette, let the bank debt be proved." He did not notice that Mr. Valliant had written " Bad " against one or more debts. Against Mr. M‘Leod's name there was written, " Debt hopeless—proceed against Smith immediately, who is gone away." He was aware that this was the mode o I marking page after page, but he never looked at the book, and seldom had occasion to refer to it. He would not swear that he did not believe at this time that one fourth of the capital of the bank would not prove to be lost. On the 31st of January, 1858, he did not know that a single shilling was placed to the bad-debt fund. A statement was put forth to the public after this time in the document produced that more than ordinary provision bad been made for bad debts. He never addressed his mind, however, to that subject, and he had no belief upon it. Would not undertake to say that Mr. Esdaile had not in his presence stated that a sufficient provision had been made for bad debts. Something was said ou the 10th of August about the bank closing its doors. - Mr. Linklater, after a few more questions, said he hal concluded the examination of Mr. Stapleton. Mr. Stapleton: I wish to have an opportunity of stating, after all this examination, that I only really became an active member of the board at the time already stated, and that during the whole time I was on it I never re• ceived any advantage whatever, except receiving a small Le as a director. I wish particularly to state, as by some accident or other it was stated in some of the papers in my examination a fortnight ago that I had signed a peti tion to the Bcard of Trade containing misstatements, I never signed a petition to the Board of Trade. The only document I signed was the certificate of the shares, and that certificate I firmly believed to be true. Mr. Linklater said he proposed to examine the auditors on a future day, and to examine Mr. Humpliry Brown (Mr. Brown was present in court during the proceedings) on Wednesday next. Mr. Alderman Kennedy was abroad and suffering from ill•health. He could not, therefore, be examined at present, 407 THE SWYNFEN v. SWYNFEN CASE, WhiCh creates much interest, from involving the question as to the right of counsel to bind the client by a compromise, is about to be litigated in the Court of Chancery. Various witnesses were examined on Thursday before the examiner (Mr. Otter), and amongst others, Sir Frederic Thesiger. Mr. Edwin James, Q.C., at tended on his behalf. Property to a large amount depends upon the validity of the will of the testator. THE QUESTION OF MRS. CUMMING'S SANITY 15 again to be decided by a jury. Since this eccentrie lady's death much litigation has ensued with respect to her large property, and the Lord Chancellor has nJw granted an application for an issue to try the question whether the deceased lady was of sound mini between certain periods of her life, during which she executed some important deeds. Our readers will probably recollect that Mrs. Cumming was alleged to be insane on the following grounds :- Ist, on account of her eccentricity in keeping four cats in the house ; 2nd, because she was represented to entertain a morbid aversion to her relatives ; 3rd, because she was said to have some delusion respecting poison. Dr. Winslow considered all the,e imputations of insanity as utterly frivolous and vexation a , and wrote a strong opinion to the Court of Chancery in support of Mrs. Cumming's mental soundness and capability of managing her own affairs. THE LAW AS TO PROVING GUNS was illustrated this week by the case of " Goodman v. Spence," when the question was raised by the plaintiff whether the Gunmakers' Company of London were not bound to receive for "definitive " proof, barrels which bad been " provisionally" proved in Birmingham. It was stated that though all the gun barrels used in the kingdom were made at Birmingham, many of them are sent to London, where they are finished, and fitted up; that provisional proof is a test to which barrels are sub jected whilst eley are in the state in which they come from the forge, but if they were subsequently bored or have their substance otherwise decreased, they must undergo definitive proof. If the two prov jogs were required to take place at the same proof house, it was said that this inconvenience would arise, that barrels would frequently have to be sent two journeys between London and Birmingham where otherwise only one journey would suffice. Another hardship which it was said would be in flicted upon the Birmingham trade was this, that if they were required to send barrels to London for provisional proof it would frequently happen that barrels which would not bear that test would be sent, so causing expense and delay, which would be avoided if the first testing took place at Birmingham and the second in London. The court, after hearing counsel at some length, decided that the action was not maintainable, and that their decision must be in favour of the defendant.. THE GREAT SHOEBLACK BRIGADE QUESTION WaS brought under the notice of the Lord Mayor this week. Mr. D. W. Harvey, the Police Commissioner, vindicated the conduct of the police with respect to the charge against them of having interfered un necessarily with the boys. Mr. Harvey explained that the Ragged•school Society desired to establish a system which an irregularly self-constituted set of shoeblacks materially interfered with. These boys were principally thieves and vagabonds, and annoyed the public. Mr. M'Gregor, of the society, attended to explain the objects of the society, and the Lord Mayor promised to put down the irregulars if they interfered with the public. BACON AND HIS WIFE, it is understood, will be jointly tried for the murder of their children, and in such case the statement of the wife that her husband committed the murder may be tbed as evidence against herself. It is expected that a joint defence will be made, and that it will be that the act of murder was committed by Mrs. Bacon while in an unsound state of mind, and that she is consequently nut criminally responsible, and tbat the husband had nothing whatever to do with the same. If this should be successful, and Bacon shoals be acquitted, he will then be removed to the county of Lincoln to take his trial at the summer assizes for the poison ing of his mother. THE CalM. CON. CASE OF "BARING •. GORDON," which for the last six weeks has excited so much discussic•n in society, was finally heard on Thursday at the Sheriffs' Court, and a verdict at once returned for Mr. Baring, with damages to the amount of 3,0001. THOMAS NArtoN, condemned to death for the murder of Aplin, a farm labourer at Wiveliscombe, Somerbet, was hanged at Taunton on Tuesday. About 8,000 persons were present. The prisoner died without making any express confession) of his guilt. He admitted having perpetrated other crimes, as numerous, he said, as the hairs of his head, but he denied to the last having been the murderer of Aplin, and accounted for several of the evidences of his guilt by plausible, but unsatisfactory statements. Of his guilt of the crime for which he sufferei there was neither morel nor legal doubt,