The Sun. — London, England, 1861-08-30 00:00:00

:11 TERRI.BLE COLLISION ON THE LOA'l) 0 Ar AND BRIGHTON RAILWAY, --- THE ADJOURNED INQUEST. B RIGHTOIN,-111-CICSO AY . EVENING. The investigation into the circumstances under which the lamentable accident occurred on Sunday morning last, was resumed, for the fourth time, in the magistrates' room, at the Town Hall, before Mr. David Black, the coroner far the borough. C.ptain Tyler, the Government Inspector, was offi cially present from the Railway Department of the Board of Trade. Lle London and Brighton Railway Company was represented by Mr, Faithful!, their solicitor ; Mr. Roupell, barri,ter, instructed by Mr. J. J. Stuckey, solicitor, of Brighton, appeared to watch the case on behalf of the relatives of the late Mr. Ingledew ; Mr. Lamb, solicitor, of Brighton, was present on behalf of the representatives of Mr. John Lockstone and Mrs. Jane Elizabeth Biden ; Mr. Tenfold, solicitor, of Brighton, represented the re lations of Miss Rebecca Barclay, Mr. Fryer, of Gray's-inn, watched the case on the part of the friends of Mr. Greenfield, oilman, of Union-street, Borough ; also for Mr. John Field and Mrs. Field, of Montpelier place, Brighton ; and also for Mr. Edward Sewell, of College-place, Camden-town — the last three named persons having been very much injured by the collision. Mr. Pook, solicitor, of 27, Basinghall-street, was present on behalf of the friends of Messrs. Thomas and George Noble ; also for Mr. Robert Ayley and Mrs. Elizabeth Thompson—these two last named persons not being at present deceased, although seriously injured. Mr. Evans, solicitor, of Bedford-row, watched the pro ceedings for the friends of Mr. Geo. Gardener and Mrs. Christiana Manthorpe • Mr. Stevens, solicitor of Brighton, attended for the representatives of Mr. John Wheeler, Mrs. Wheeler, and Daniel Wheeler, their son ; and Mr. T. H. Reed, solicitor, of St. Ann's-lane, London, appeared on behalf of the hus band of Mrs. Westcott and her daughter, now lying ill in the hospital; and also Mr. Henry Watkins and Mrs. Watkins. Mr. Frederick Slight, the secretary ; Mr. Geo. Hawkins, the traffic manager; Mr. Chester Craven, locomotive and carriage superintendent ; Mr. Perry, inspector of the permanent way ; Mr. J. S. Farmer, Mr. George Faithful!, with other officials of the company were also present. Mr. Conyngham, M.P., Sir Richard Levinge, M.P., with many other gentlemen of position and influence, also watched the proceedings during the day, and the court-room was again densely crowded. Before the commencement of the proceedings, Mr. Fryer, addressing the coroner, wished, before they 'went into this matter, to make a formal application that he (the coroner) would exercise his authority to induce the railway company to let the profes sional gentlemen concerned in the case have a copy of the book of rules and regulations issued to their servants for their guidance and instruction. He (Mr. Fryer) believed that the coroner possessed such a power ; but, if not, it was to be hoped that the railway authorities would, for their own credit's sake, and for the satisfaction of the public, enable the legal advisers of those who were so deeply in terested in the inquiry to see those rules, the in fraction of which might be the gravamen of the charge (if any) which might attach to any one in the course of the investigation. The Coroner observed that he should be glad to assist the professional gentlemen present to the best of his power, and wou_d lend his own copy of the rules and regulations to the legal gentlemen in the ease. The examination of Dewey, the assistant signal man, proceeded as foliow ; Captain Tyler—You have been at the tunnel mouth eight or nine years. Have you had a tele graph all that time Witness—Yes. Captain Tyler—Have you never had a break down in the tunnel ? Vitness—Not while I have been on. _ _ Captain Tyler—Or a train stop in the tunnel ? Wi;ness—Not to my recollection ; nor on any occasion that I was required to send a messenger through. Captain Tyler—How did you come to hear of the accident ? _ _ Witness—One of the passengers came running by my house and told me of the accident. I went down to the signal box and got a lamp before going into the tunnel. _ Captain fyier—Have you heard Killick's evidence t o- day. Witness—No, sir. - - - - - Captain Tyler—Did you converse with him ? Witness—Yes. I said, " How did this happen ?" Jack,9on, who used to be one of our engine -drivers, was a passenger by the train, and he then came into the box and said, " Come along, here's a dreadful accident," and I went off with him. Captain--Tyler—Having been on duty so recently Sou would naturally ask how it happened? Witness—l did, but he said he did not know. There were several passengers in the box, who must have overheard what I said. _ _ Capt. Tyler—Do you kaow any one who was there? Witness—No more than the man in the moon. A Juryman—Why did you not tell us on Monday 'night, when we were there, that Killick was up in his cottage ? Witness—l did not know he was there. I had not been up to the top of the tunnel from the time I came down in the morning till I went back at night. A Juryman—Are you on friendly terms with him? Witness—Yes, very. Mr. Roupell—How far in the tunnel did the ac cident— _ _ _ Ery a Juryman—Excuse me, sir, I have more questions to ask. The night we were there a train passed without ringing the bell. Mr. Hawkins asked you if you knew of such a circumstance oc curring before, and you said you never did. What did you mean by telling the jury the signal wa3 not wound up as the cause of the bell not ringing. ? Witness—You misunderstood me. I must have said I overwound it by pulling the signal too far. Mr. Roupell—Then every time you overwind the signal the train is to pass without notice ? Witness—lt never occurred so before. Mr. Itoupell—Never ? That is very extraordi nary. Your arswer vas, you never knew it to fail before, and you told me the reason was because it was not wound up. The Coroner—l think he said not set. A Juryman—l understood him to say it was very difficult to account foi• it. Another Juror—The witness said—" We had been running all over the place, and treading on it ever y few minutes." Another Juror Ito witness)—The signal not acting 011 M ond a y . n i g ht, if ano th er t ra i n h a d come u p, it Wl7_lod h ave gone on and entered the tunnel, witness—Certainly. But I should have put the signal on 1 iminediat e y, and waved the flag. By the Coroner —If the signal had not acted, would it not have bee n your duty to put it on ? \Witness—Yes. B;y Mr. Lamb—Do /ou keep a watch in your pocket ? la Fitness—Yes, Sir. YEly Mr. Lamb—Does it correspond with the clock at the station ? Witness—Yes. As near as I can judge it was aborut a quarter to nine when I went down to the boy;. If the train was going on, and the r ec i s i gna i shown, I should expect the driver to shut the steam off and stop as soon as he courd. I should not look up the tunnel to see if bJe had stopped ; but certainly should not let another train go through until I had a message. I could see 100 yards up the tunnel if the wind took the steam up the shaft hole. I never remember in my experience three trains entering the tunnel wifain seven minutes of each other. Daniel Kean—l live at 14, Popham-terrace, Is ling•ton, and am a plasterer. The deceased Anthony Kean was my brother, and was about 57 years of age. By business he was a master tailor. I identify the body I saw at the County Hospital yesterday even ing as b2ing that of my deceased broth( r. Mr. John Saxby—l live at 20, Buckingham-row. I am foreman over the carpenters, and have charge of lamps, signal works, gas, and gas fittings. I pro d uce- a model of the signal works at the south or Brighton entrance of the Clayton Tunnel. (The moi•'l was then produced.) The witness fully ex plained the details of its working. His examination Awa-4 then proceeded with. Captain Tyler—Can you account for the signal sometimes failing, as we have heard it does? wi tness —l cannot account for it in any way, unless b 1 the wires getting hung up. Captain Tyler—Was there not a vertical motion, when. I went to see it, of the horizontal slide bar ? Witness--Yes, sir, there was, and thit might, I t hink, account for it. - Hy Ihe Jury--I have had much experience in 5i,, ,, - Ihkkinko.f.tilthi4 kind, and have repaired them. I do not often gez out of order. I have seen the j ut w oL . goat almost every day, and several days often lam not inspector of signals. lam ,s i, il .lg,P a a:t n , and always look at the signals. fi yi nc ' e a t ; u 4 A' t:iciel o i L been altered or meddled with generally get any report of the sL.,f;rlrtitolsti out tram the traffic man a hers belonging to the corn pgearniy, a nd w'nenev" Ihave any such report I always send off a man imm ediately, and do whatever is re quired'. . One of the jurymen here put e c. v .i e n r e questions which had been mainlYd di sPo tion given in the early part offir, Saxoy's exami nation- nasignals froze ' • ye known the By the Corot] er—J up, and I have also seen ordinary signals not able n to act se well as the self-acting ones. If the m„ drew the wire tight enough to release the vertical arm, the signal must have acted. By a Juror—ls it possible to pull it too far Witness—No. Captain Tyler—l suppose you mean unless you break it ? Witness—Exactly. Captain Tyler—Do you have the signals oiled ? Witness—Very seldom. Captain Tyler—Are they oiled by any one ? Witness—When they require doing anything to, I generally take them to pieces and clean them with greasy wipings, as we find if they are oiled too freely the dust collects in them. By a Juryman—l have heard the distance signal would not act, but I do not know it of my own knowledge. If the signal had acted on the Sun day morning the Brighton excursion would have stopped ; when the man had received the message that the Brighton had gone through, he would have set it all right. In that case the Brighton ordinary would have gone clear. By a Juryman—Was the non-acting of the signal the cause of the accident ? The Coroner—l think you must shape that ques tion somewhat differently. The Juror—l will not press it. (To the witness) —lf the distance signal had acted and had shown danger, the Brighton ordinary would have stopped before it got to the tunnel ? Witness—Certainly. By a Juryman—Would an engine-driver look out for a small red or danger flag after he had passed a distance-signal that shoived " All right ? ' Witness—An engine - driver is always on the look out near any part o the line where there are sig nals usually exhibited. By Mr. Evans—l have charge of all the signals, and do all the work. All the station-masters or sig nal-men are supposed to look after the well working of the signals. There is no other regular inspection. By Mr. Penfold—The wire to this signal is under ground, and therefore not liable to expansion. The last complaint I heard was, I think, in February, and I have never known the signal out of order since then. I cannot explain why the signal acted on Sunday morning last, when tried by Mr. Craven, without ringing the bell. By Captain Tyler—l think the wire is buried sufficiently to prevent so much expansion in a dis tance of 300 yards as to interfere with the regular action of the signal and bell. By Mr. Reed—lf the weather is cold or frosty, the signals are all looked at, and most of them have m y personal inspection. lam sure there is not one signal on the line which I have not inspected in the course of the year. By Mr. Faithfull—lt is the duty of the engine driver and the guard to notice the signals, and if they see anything wrong to report it at the next station they come to. When a man is sent by me anywhere I always tell him to notice the signals. If the enginemen and guards notice the signals as they ought, and as I have reason to believe they do, that is a practical inspection of the signals. I consider I can inspect their working better if I am on an engine travelling on the line than if lam walking. I went down to the scene of the accident on Sunday morning, and I set the signal "on," and set it " off," from the man's box, and did not experience any difficulty in doing either. It was in good working order, and there was nothing to lead me to suppose that it would not act when a train passed. By the Coroner—Why did you make the inspec tion on Sunday morning ? Witness—Mr. Hawkins, the traffic manager, wished me to do so, James Hackman—l live at 21, Kingsbury-road, and am an engine-driver in the employ of the Lon don, Brighton, and South Coast Railway Company. I drove the Portsmouth excursion engine on Sunday morning last. I have been in the company's service ten years. I left the Brighton station at 8.28 by watch, which was right by the clock at the station, on the platform. There were 16 carriages, but I cannot describe them further than that there was a break-van next to the tender. When we approached the Clayton tunnel, after passing the distance signal, I did not look back to see if it worked. I had passed, and looked forward. I did not think it my duty to look back. We always look out a head. The distance signal was all right as we approached. Ido not know exactly what time it was when we entered Clayton tunnel, which we should pass through in about three minutes. I met with no obstruction on the way. In entering it I saw the signalman at his post, be had a white flag. During the time I have been a driver I never noticed the distance signal fail to act on the trains passing over the line. By the Coroner—lf on entering the Clayton tunnel you had seen the signalman wave a red flag after you had passed the distance signal, which had stood at " all right," what should you consider it your duty to do ? Witness—Stop as soon as I could. Coroner—Do you mean to stop in the tunnel ? Witness—Yes, wherever I might be, whether in the tunnel or not. Coroner—Has such a case ever occurred to you ? Witness—No, Sir. Coroner—ln going from Brighton to Clayton tunnel, did you at any time in the transit see or hear anything of the train which followed you? Witness—No, sir. Coroner—During your experience as an engine driver, have you known a train overtaking you if they have started five minutes after ? Witness—Only when we have stayed at a station, and then they stand at the distance signal. Coroner—Have yon never had a break down ? Witness—Oh yes; several, but have never had a train so close as that. By Capt. Tyler—When I went into the Clayton tunnel, I saw the signal-man at the south end ; he showed a white flag. I saw the signal-man at the other end of the tunnel, and he had a white flag too. Capt. Tyler—Did you see the signal. man ? Witness—Yes. Capt. Tyler—Have you ever driven the excursion train before ? Witness—Yes. Capt. Tyler—Every Sunday ? Witness—Every other Sunday. Capt. Tyler—Do you follow each other quickly? Witness—l cannot say how much so. Capt. Tyler—Have you ever seen more than one train at the mouth of the tunnel at one time ? Witness—No, I never have. By a Juryman—Have you ever started at the end of five minutes after another train ? Witness—l think not. Juryman—Have you ever come in sight of a train at the mouth of the Clayton tunnel ? Witness—No. Juryman—How long does it take to pull up ? Witness—l should say about five or six minutes on such a morning as it was on Sunday last. Juryman—lf the red flag had been waved between the mouth of the tunnel and the distance signal, what should you have done ? Witness—l should have pulled up. Juryman—lf you had stopped in the tunnel, what should you have done ? Witness—l should have stopped still, and sent the guard back. Juryman—How long have you been in the ser vice of the company ? Witness—Three or four years. Juryman—How many times have you passed with the distance signal, showing safety, and after wards seen the red flag waved ? Witness—Never, that I know of. Juryman—When you passed the distance signal did you look out for the man at the signal-box ? Witness —Of course ;we always do. By a juryman —During your experience have you ever known such circumstances as occurred on the morning o f S unday last ? I Wit n il s a s n fbe i v d e r . Jury you notice the c l oc k w h en y ou went out ? Witness—l did ;it was half-past eight. By Mr. Roupell—There is a run of about a mile, which you can see before you get to the tunnel. We do not time ourselves in running up to the tunnel. I should not have backed nuderuat should yocuilrd cumstances after I had seen the red flag, but have waited until the guard came back, and told me what it was. By Mr. Penfold—There used to be premiums given to the drivers who kept good time, and their names entered in a book. Ido not know why the register is kept. Theie is a register kept as to the quantity of coke used, and the time kept. Ido not think there is a feeling amongst the engine-drivers to make up lost time. I think the premiums have been stopped five years. By Mr. Evans—lt is our duty to report the time we start with a train, and also its arrival on coming back to Brlghton. By Mr. Fryer—l do not know whether Mr. ITawkins, the present traffic manager, instituted the system of premiums. By Mr. Poole—Patcham Tunnel is about a mile and a half long. Mr. T. H. Read—l should have stood quite still, and waited while I sent the guard back to find out what the red flag meant. If the tunnel is clear of steam, and you are at one end of the Clayton Tun nel, you c in see a train entering at the other end. By the Coroner—l do not kno ,v whether we had a signal lamp at the back of the train ; that is the guard's duty, but we had a light in the front. By Mr. Faithfull—lt is my duty to look at the signals as we pass, but I should not look back to see if the distance signal was put for the next train, unless there was another signal put on. The pre miums were given to the engine drivers who travelled the greatest number of miles and con sumed the smallest quantity of coke. By the Jury—lt is my duty to see whether the THe"SITN, ) LONDON, FRIDAY - '7EVENINU, AUGUST 30, IS6I. distance signals are right for me to pass ; and although I have never had occasion to report the 1 signals as being wrong; I certainly hive not for gotten that which is ia my work, and which I am bound to think of and attend to every day. Alfred Moore—l am a guard in the service of the railway company, and have been so for 15 years. I was in charge of the Portsmouth train on Sunday morning, the 25th inst., which left at 8.28. The carriage next the tender was a third-class break, two third-class carriages, one first-class, one second.- class, one second-class break, one first-class coupe, one second-class, seven thirds, and one third-class break behind. e had a lamp in rear of the train ; it was a light. On going to Clayton Tunnel I saw the distance signal all right. The signal-man showed a white flag, and so did the signal-man at the north end. If I had passed the distance flag all right, and on coming to the mouth of the tunnel, had been shown a red flag, I should have applied the break immediately, but such a case has never yet occurred to me. 1 sometimes look back after passing, to see if the distance signal works all right. I did not do so on Sunday last. There has been a case sometimes in which the signals have not acted. In such an instance I reported it at the first station I name to. I knew a case, four years ago, at the Woodgate station. The station-master told me he reported it at Brighton. By Captain Tyler—l was riding in the break behind the tender. There were two tail lamps to the train, as is our usual practice on the main line. I saw the signal-man on the right hand side of the down-line, the other side from his box. He was holding the white flag. I did not see anyone there about the box with him. There was another guard at the tail of the train. I saw the distance signal was all right before we came to it, but I did not notice it after we passed. By the Jury—We did not get to Brighton till 8.16 that morning, while we should have left for London at that time. We had a heavy train up. I booked the time as head guard of the train. By Mr. Roupell—The signal-box at the north end is on the west side of the line, and when we passed he was standing on the other side of the line, and would, therefore, have to recross the line before he could attend to his signals. I do not think there was a red board to signify another train was coming. It was an advertised train. I did not see the excursion train after we left the station. I made the memorandum as to the making up of the train on Monday morning, because I thought I should have to explain it. By Mr. Evans—lt is safer for the signal-man to be on the opposite side of the line, and we can see the flag easier. As the head guard, if I had seen the red flag exhibited, As I have heard stated, I should have gone back to find out why the red flag had been shown. I generally notice the signal man stands on the east side of the line to show his flag. Joseph Drew confirmed the evidence of the head guard, except in one special and most important particular, averring that he was aware the signal man stood on the side of the line where the box stands, which was the opposite side to the one on which the previous witness swore he (the signal man) had stood on the morning in question. James Scott—l am an engine -driver in the ser vice of the London and Brighton Company, and on Sunday morning last drove the Brighton excursion 'ip. I have been in the company's service nine years. I noticed the time I started from Brighton ; it was 8.31. I took that time by my watch, which agrees with the clock in the yard near the stores. There were seventeen carriages, but I did not take notice of the breaks. I should think it was about ten minutes to nine when we got to the Clayton Tunnel. When I approached the dis tance signal I saw it was all right, and just as we were going into the tunnel he gave his red flag. I immediately shut off the steam. I should think I had got abont 250 yards into the tunnel before I succeeded in stopping the train. I reversed the engine, and put the break on to stop as quick as possible. In reversing the engine the train might back 20 or 30 yards ; but I did not back the engine at all. We were not going back when the collision took place. We were standing still, and had been for about two minutes. I had not time to send the guard back. I did not see anything of the other train coming till "he hit her." The collision knocked me into the tender, but did not hurt me much. I got up and went back, and saw broken carriages, and people lying hurt. The engine was standing nearly upright, resting nearly on the top of one of the carriages. I have never looked back to see whether the distance signal at Clayton has not acted when we have gone over it. I consider it quite clear by all means to stop as soon as possible after I see the red flag, even if shown at the mouth of a tunnel. By Captain Tyler—l have been a driver since May last. My watch was right by the clock against the stores. I was going nearly 30 miles an hour. I shut the steam off' just as we were going into the tunnel. I only saw the red flag about three yards before we got to the tunnel. I think by reversing the engine I could stop at 250 yards, although the gradient is down hill. When I brought the train to a standstill I looked over the hand rail fora signal to start again from the guard. I could not see him, it was too dark; nor anybody else. The engine might have moved back 20 or 30 yards, having the steam against her. I had not the steam on when the collision occurred, for I shut it off directly. The buffers were closed, and that caused the train to move back. Captain Tyler—lf you shut the steam off, what should make the train move back 20 or 30 yards? You had to push the train up hill that distance ? Witness—Yes, I think so. By the Jury—The signal-man was inside his box on the morning in question, and came out with the red flag in his hand. We generally expect to see them standing there, and not coming out of the box. If the signal-man had had the wheel in his hand prepared to set the signal I must have seen him. By a Juryman—Are you quite sure that you must have seen the signal-man had he been at the wheel ? Witness—Yes, quite sure. By a Juryman—From how far off'? Witness—About half way from the distance signal, I never ran past the distance signal before and had the danger flag shown at the tunnel. I cannot say whether the distance signal failed to act on the passing of the Portsmouth train on Sun day last, If danger had been shown on the dis tance signal I should have drawn up between the signal and the tunnel, and the train following would cone to a stop on the Brighton side of the distance signal. I always sound the whistle on going into the tunnel. By Mr. Roupell—l could not see the signalman if he came up the tunnel with a flag, because our steam had filled the tunnel. When I first saw him he had the red flag in his hand. _ _ _ By the Coroner—We started very closely after the other train, more so than ever I remember be fore. Mr. Legg started the train. I did not make any objection to starting so soon. By Mr. Pook—l screwed the breaks tight the moment I saw the red flag, and was entering the tunnel. I did not whistle for assistance while in the tunnel, because it was no use. I Ist off the steam, but it did not make ranch noise. By Mr. Fryer—l made a report about the acci dent. It was made in writing. Mr. Fryer (to the Coroner)—l ask, sir, for the production of that document. Mr. Faithfull objected to give it to the legal gentlemen, but would produce it to the jury. The Coroner—Will you produce it to me Mr. Faithfull—Certainly, if you ask for it. The Coroner—Then I do ask for it. Mr. Faithfull—Then produced a copy. Mr. Fryer urged that the original ought to be furnished. The Coroner observed that the original report would doubtless be furnisLed for the instruction and information of the jury. Mr. Faithfull at once sent for the document. Mr. Fryer then asked for the daily report of the working of the engine, and the return made to the foreman. Mr. Faithfull said he felt bound to interpose, and hoped that some regularity would be observed in conducting the proceedings. Whatever docu ments the jury required they should have, but he could not, acting on behalf of his clients, consent to documents being used for the purposes of cross exarainatiou, which might be prejudicial to their interests, or, for what he knew to their wishes, and as they could not be demanded in a court of law. he objected to their being obtained in the coroner's court for the purpose of getting up a case. Mr. Fryer objected to go on without the docu ments. Mr. Faithfull said he would place them before the jury. The Coroner thonght that the time of the Court ought not to be occupied with the discussion. Mr. Fathfull had said he would only produce the papers to the jury, and therefore he (the coroner) ordered them to be furnished at once. Mr. Faithfull—l wish you, sir, distinctly to un derstand that I am most anxious, on behalf of the company, to produce every information that may elucidate this case. The pacers that have been asked for are privileged communications, and while, as I have said, I will furnish them to you and the jury for information, I decline to produce them for the purposes of cross-examination. The Coroner—l am aware that in a civil action it might reasonably be an objection to produce docu ments which could be construed into privileged com munications, but a criminal inquiry was not affected in a like manner. (Addressing Mr. Fryer)—l have required their production, and 1 understand the ore= to be refused. (To Mr. Faithfull)—Will you produce these documents ? • Mr. Faithfull—l have not any documents to pro duce. The Coroner noted this answer, and Mr. Fryer then objected to continue his case without the documents referred to. The examination of the witnesses was then pro ceeded with, but it was merely a reiteration of facts aiready detailed. _ _ Mr. Pook objected to Mr. Faithfull taking fur ther part in the proceedings, as being in contempt for for disobeying its orders; but the Coroner ruled that as a higher tribunal (the Court of Queen's Bench) must settle the question, Mr. Faithfull was at present entitled to appear. In the course of the afternoon some discussion arose as to the presence of certain attorneys, who were, as alleged, acting without proper instructions. The investigation was protracted till a very late hour, and was again adjourned. for the plaintiff ; Mr. Overend, Q.C., and Mr. S. A. Russell, for the defendants. The plaintiff was an Irish cattle drover, and, having to take cattle into Yorkshire, he engaged trucks at Skipton for that purpose. A dispute arose as to the number of trucks which were necessary for the purpose, and as to the payment to be made for such trucks. The plaintiff paid for his trucks, but a companion of his with whom he associated did not, and on the money being demanded for the latter the plaintiff, as was alleged, interfered, and a scuffle ensued with a servant of the company named Barker, which led to the plaintiff being given into custody. The jury found a verdict for the plaintiff for £lO5. PROSSER V. THE LANCASHIRE AND YORKSHIRE RAILWAY COMPANY. This was an action to recover damages for injury to the plaintiff's house by the wall of the defen dants' station at Liverpool leaning against the plaintiff's house. Mr. Brett, Q.C„ and Mr. L. Temple appeared for the plaintiff; and Mr. Edward James, Q.C., Mr. Mellish, Q.C., and Mr. Quain appeared for the defendants. It was alleged on the part of the plaintiff that, owing to the wall of the station leaning against his house, the vibration from the trains had caused the greatest injury to his house, cracked the walls and ceilings, and quite destroyed his trade as a board inghouse-keeper. All this was denied by the com pany. When the case had proceeded for some time the learned Judge interposed, and the parties agreed to refer all matters in dispute to Mr. Bellhouse, of Manchester. POLICE INTELLIGENCE-Aug. 29. MANSION-HOUSE.—John Linch, who was brought up last Thursday charged with stabbing Ann Parsons, daughter of Mrs. Baker, of the Lamb and Flag public-house, Crutched-friars, where she acted as barmaid, was again placed at the bar. Mr. Goodman, the chief clerk, informed the Lord Mayor that since the former examination it had been thought necessary, in consequence of the critical state of the unfortunate woman, that her deposition should be taken. Alderman Sir R. Carden, accompanied by Mr. Oke, the second clerk, accordingly attended St. Thomas's Haspital on Tuesday, when, in the presence of the prisoner, the following statement was made by her : "My name is Ann Parsons. I live with my mother, Mrs. Baker, who keeps a public-house in Crutched-friars. I have been married, but my husband is now absent from home. I know the prisoner. He was employed by my mother in the cellar and in attending to the business. He left our house about nine or ten months ago ; it might not be so long. On Wednesday last, between 8 and 9 o'clock in the evening, I went out on some errand and met the pri soner at the corner of John-street and the Minories. I spoke to him first. I said, W ell, John.' He said,' What business have you come to meet me ?' I said, I have not come to meet you as I know of.' He began to swear at me because I went out the night before with a young man and woman. He swore at me, and took out a knife—a clasp knife, and opened it, and said, Consider this in your heart.' I said, 'Go on with your nonsense, :and he took and put the knife back in his pocket. He called me all sorts of terrible names ; some more words ensued, and he took out the knife a second time, and I thought he put it back into his pocket. He then knocked me down by a blow on the side of my neck. Two women picked me up, and I found I was wounded. As soon as he knocked me down he crossed the road, and I did not see him afterwards. The prisoner, John Linch, is the man. I was taken to Dr. Cook's, and afterwards to this hospital." In cross-examination by the prisoner she said —I met you on Monday night, and agreed to meet you on Tuesday night. On Tuesday night I went out for a ride. 1 told you on Monday that I should not be able to go out with you on Wednesday night, because I should have a hard day's washing. The following additional evidence was now given : Mr. Daniel Reeve said,—l am a mercer, residing at 124, Minories. On Wednesday, the 21st inst., about 10 minutes past 9 in the evening, I was stand ing at my door, looking towards John-street, when I saw a young woman with the prisoner, whose back was partly towards me. In about half a miaute from the time when I first noticed them I saw the prisoner raise his arm and give the woman what appeared to me to be a smack in the face. She in stantly fell on her knees, and the prisoner walked coolly across the road. I at first thought the woman was intoxicated, but she cried out " Seize him ! seize him ! he has stabbed me." I saw the prisoner go slowly down Haydon-street, and there I lost sight of him. When I turned towards the woman I saw she was bleeding from a deep wound in the neck, and that the blood was rushing from her in a torrent. I have known the prisoner for the last 12 or 18 months from seeing him in the neighbour hood. I am quite sure that he is the man who dealt the blow. I subsequently saw the young woman in Dr. Cook's surgery, and shortly afterwards police-constable 531 came in and saw her there. I saw no knife or other instrument in the prisoner's hands with which it was likely he could have in flicted such an injury. Police-constable Brown, 531, in answer to the Lord Mayor, said that he had made inquiry at the hospital, and found that theyoung woman was going on more favourably. The prisoner, who said nothing, was again re manded. CLERKENWELL.—John Carey and Matilda Carey, news agents, carrying on business in Little Gray's-inn-road, were charged with having a large quantity of counterfeit coin in their possession. The man has been convicted of a similar offence, and the woman has also been •in custody. For some time past the prisoners have been under the sur veillance of Mr. Brennan, the Mint agent, and he, in company with Inspector Bryant, G. division ; Sergeants Brennan, 21 G ; Leather, 6 G, and Elliott, 13 G, went into the prisoners' apartmenta and seized a large quantity of counterfeit coin, Mr. Pater, who appeared for the prisoners, sub mitted that the woman ought to be discharged. The man would reserve his defence. Mr. D Eyncourt fully committed both prisoners to Newgate for trial. THAMES.—Louisa Nieumann, a native of Ger many, aged 34, and dwelling at the time of her ap prehension at N 0.13, John's-hill, Ratcliff-highway, was brought before Mr. Woolrycb, charged with committing a series of violent and brutal assaults on her son, a boy aged seven. , It appeared from the evidence of Alice Smith, Ann Dartnell, and John Harris, neighbours of th e prisoner, that she had for some time past been in the practice of beating the son with a broom handle and cane over his head, arms, and body. On Wednesday morning the prisoner compelled the child to break up coke in the yard at the back of her house from seven to eleven o'clock, and refused to give him any food until he hat, completed his task. She beat him with a broomhandla a week since, and to stifle his cries seized him by the throat. On Wednesday, after the boy had • finished his task of breaking up the cok ), she beat him savagely with. a cane over the head, arms, and back. The little fellow was convulsed by her savage expedient of stifling his cries by compressing his throat. There was a little stream of blood on his shirt sleeves, and weals on his arms from the brutal caning be had received. The child's back was exposed to the view of the magistrate, and shown to be covered with weals. There were also several limps on his head. His appearance generally indicated that he had been Greatly neglected. On Mrs. Smith, one of the witnesses, remonstrat ing against this cruelty a few weeks ago, the pri oner replied in English, using abusive language. %he at the same time threw water overthe witness. Hugh Andrews, a police-constable, who arrested the prisoner, said she was in custody 12 months ago for ill-using the child. The witnesses were not then forthcoming. Her husband had been con victed and sentenced to seven years' penal servi tude for sheepstealir.g, and she had since been cohabiting with a saddler, who had also beaten the child very cruelly. Mr. Woolrvch—Why is he not in custody ? Andrews--He has absconded. The prisoner, in defence, stated, in the German language, that her boy had stolen money and a ri ng from her, had ill-used the baby she carried, and tried to set fire to the house. Mr. Woolrych interrogated the child , who denied the charges preferred against him by his brutal mother. Ile then addressed the prisoner in German and English, and sentenced her to one month's im prisonment and hard labour for an aggravated assault. Andrews proposed to take the child to the Ger man Orphan Asylum, where he expected it would be provided for. James Macnamara surrendered to answer a charge of cutting and wounding Dennis Shea, on the night of Saturday, the 17th inst., at Old Ford, Bow, both being Irish labourers. It appeared that on the night in question a luna lie had escaped from an asylum in the neighbour hood of Old Ford, and Macnamara, Shea, and others had assisted in th 9 recapture of the madman. The keeper of the asylum gave the men half a sovereign for their trouble. A quarrel took place about the division of the money. The two Irishmen parted at midnight. At, 2 o'clock in the morning the pro secutor was on his way home, when he was again met by the prisoner who " fell upon him and put his foot out. to, throw him." Shea got away from the prisoner, who thereupon went into his own house, in Taylor's. buildings, Old Ford, armed himself with a knife, and came out again, without his coat, waistcoat, and hat, and attacked Shea. whom he attacked in the left thigh. The wounded man fell and bled copiously. He has been ever since Under the care of Dr. Hill, a physician and surgeon in the Bow-road s who now described the - wound as one of a very seri ;us nature,' inches in length and 24 inches in depth. The wound had been inflicted with great violence, the knife having been stopped by the bone. Police.sergeant Poole, of the K division, who arrested the prisoner, said both men were the worse for liquor on the night in question, and the prose cutor was the worse of the two. Mr. Woolrych committed the prisoner for trial, but he said he would accept good bail. SOUTHWARK.—Mr. James Burr, the landlord of the Winchester Arms Tavern, Winchester street, Southwark, also carrying on an extensive business as a carman in the same street, and George Cope land, one of his men, were brought before Mr. Combe, for final examination, charged with stealing upwards of 50 quarters of oats, the property of Messrs. James Hartley and Co., wharfingers, Wrest Kent Wharf, near London-bridge. Mr. Lilley, instructed by Mr..Ed win, appeared for the prosecution; and Mr. Best was counsel for the prisoner Burr. The other was undefended. Mr. Thomas William Wright, manager to Messrs. Hartley and Co., said, that in consequence of an extensive fire in West Kent Wharf some time ago, they hired the basement floors of premises adjoin ing those in the occupation of Burr, for the pur pose of depositing a large quantity of Russian oats consigned to them. There was a large hole in the wall nest to Burr's premises, which witness had strongly boarded up on their side, prior to the oats being stowed away. It was also matted over. In November the cellar was filled with oats and securely locked. On Friday last he received such information as induced him to call on Mr. Burr. He proceeded with him to his basement floor, which was used as a carpenter's workshop. There was a great deal of lumber piled up against the hule in the wall, and oats were sprinkled about the floor. He called Mr. Burr's attention to that, and told him that he understood that there had been a com munication between his and their side since the oats had been stowed there. Burr said he knew nothing of it. Witness expressed his surprise, and directed his attention to the spot behind the lumber, and asked if he had any objection to its removal. He did not object but assisted witness in doing so. Wit ness then saw boards nailed on Burr's side of the hole, and on removing them he perceived oats lay ing in the thickness of the wall. Their boards were not in their original position. Oue of their boards was actually on Burr's side. Oats were scattered from the opening all over the workshop, a portion of which witness collected, and found them to cor respond with the bulk on the other side. Witness asked him how he could account for those oats ; but he made no answer. He (Mr. Wright) left him and communicated with the police, when he examined the stock of oats and missed about 50 quarters. In cross-examination by Mr. Best, witness said that the prisoner Burr called on him at West Kent Wharf previotis to his inspecting the premises, and told him something about a carpenter named Smith spreading a report that he knew enough to convict him. He then tendered witness the key of his work shin. and went with him to examine the place. William Smith, a carpenter, residing in Kent street, said that some months ago Mr. Burr em ploy ed him to build a van. Wit ness workedin a basement floor in Winchester-street, and when he left off work generally carried the key of the place away with him. About four months ago, when he had left off, Mr. Burr asked him to lend him the key. He did so, and went to a publichouse close by. On leaving the latter he returned to Mr. Burr's to ask how he could get the key in the morning. He saw both prisoner's in his warehouse. The lumber was cleared away and the hole in the wall was open. The prisoners were dragging a sack of oats from the latter, and Copeland carried them into Burr's house. On the following morning when he went to work he found the opening closA up as before. Since then witness had seen the pri soners carry oats from the same place. Mr. Combe here cautioned the witness, as he un derstood that he was suspected of stealing the oats himself. The witness, cross-examined by Mr. Best, said that when he first saw Mr. Burr removing the oats from the opening, he thought that it was all his pre mises, and that they all belonged to him ; but after wards he suspected something wrong, and mentioned the fact to Mr. Hayman, the superintendent to Messrs. Sturdy Brothers, and other persons. He never had any of the oats, neither did he offer to sell any to a man named Battey ; nor did ha show the latter the key, telling him that was the key where the oats were kept. A lad named Airey, lately in the employ of Burr, said that he had seen oats brought out in sacks from the workshop mentioned, but he could not say where they came from, William Holmes, 252 M, said that on Friday afternoon last he was called to take the prisoners into custody. Mr. Wright was present, and handed him the bag of oats produced, which he had picked off the floor. Witness asked the prisoner Burr whether he could account for the hole being opened and the oats scattered about. He said he could not. This being all the evidence for the prosecution, Mr. Best contended that there was not sufficient evidence to mid the case before a jury, as no reli ance could be placed upon the testimony of the wit ness Smith, who was clearly connected in some way with the oats. He therefore called upon his worship to discharge the prisoners, Mr. Combo observed that he could not do that. It was a case for a Jury. Mr. Best remarked that if such was his worship's decision he supposed would be accepted for Mr. Burr. He was a respectable licensed victualler, and had for many years been in business as a carman. Mr. Combo agreed to accept bail for Burr, and the `required sureties b e i ng en t ere d i nto, both pri soners were committed for trial. LAMBETH.—Three men named Lloyd, Dicken son, and Kent, who have held the situations of timekeepers and foreman to Messrs. Lee and Bowles, contractors under the Board of Works for the high level sewer, were finally examined on various charges of plundering their employers. From the evidence it was clear that since the month of March lass the prisoners had been carry ing on a wholesale system of robbery by disposing of gravel, bricks, timber, barrows, and, in fact, all sorts of materials. Several clear cases were established against the prisoners, who were fully committed by Mr. Nor ton to take their trial. GREENWICH.—WiIIiam Tarbuck, lately an attendant at Bethlehem H&spital, was brought up on remand charged with stealing the contents of a cashbox and a silver• cream jug, and other articles of plate, the property of Mr. Teesdale, an uphol ster, of Greenwich. Th,3 prisoner pleaded guilty to the charge. Mr. Train, at' the request of the prosecution, dealt with the case bummarily, and sentenced the prisoner to four months' imprisonment, with hard labour. THE HARVEST IN NORTHUMBERLAND AND DURHAM.—The harvest in these two northern counties promises to be ingathered fully a month earlier than last year; and this week from Barnard Castle to Berwick ope rations are being pushed forward with immense energy and activity. The weather is beautifully fine ; on Wednesday it was quite hot, and human labour is supplemented by reaping machines, a considerable number of which are used this year by the farmers. By the end of the week a very considerable quantity of grain will be gathered into the stackyards in prime condition. The corn crops, to appearance, seem to be a good average. Turnips are look ing extremely healthy, but there is a talk of disease among the potatoes in certain parts of the country. ST, HELENA.—By the Cape mail steamship Athens, which arrived on Wednesday at Plymouth, we have Solomon and Moss's shipping list. The Viscount San'ion, 90 days from Rangoon, for Liverpool, arrived July 16 ; the Douglas, 85 days from Rangoon, on the 17th; the Sunrise, 69 days from Cochin, for London, and the Crisis, 113 days from Singapore, for Liverpool, on the 18th; the Star Queen, CO days from Bombay, for London, on the 19th ; the Serin. gapatam, 78 days from Bombay, for London, on the 20th ; the Shantung, 83 days from Batavia, for London, on the 21st ; the Sir Robert Seppings, 107 days from Akyab, for London, on the 23d ; the Sarah Scott, 91 days from Akyab for Falmouth ; the Joshua, 80 days from Bombay, for Liverpool, and the Strathmore, 99 days from Whanipoa, for London, on the 20th; the Christabel, 76 days from Ceylon, for London, and the Madagascar, 67 days from Bombay, for Falmouth, on the 22d ; the General Caulfield, 56 days from Madras, for London, and the Siam, 83 days from Cal cutta, for London, on the 23d ; the konneguash, 80 days from Ceylon, for London, and the Early Morn, 20 days from Port Natal, for London, on the 22d ; the Tiberias, 61 days from Ceylon, for London, on the 24th ; the Victory, 68 days from Cochin, for London, on the 23d ; the Forgan hall, 72 days from Bombay, for Liverpool, and the Char lotte Jane, 117 days, for London, on the 24th ; the Lam: mina Elizabeth, 60 days from Batavia, for Amsterdam, and the Monica, 60 days from Bombay, for Liverpool, on the 23d ; the Lady M'Naghten, 90 days from Moulmembl.?r Falmouth, on the 24th; the Winifred, 72 days 1° 8 13 6 dal ys from for London, on the 26th ; and the Liverp ool, from Moulmein, for Cork, on the 31st. pills acr are the r efore n n o mer cury of the [ADVERTISEMENT —Holloway's phis.—Diseases o oway pills Digestive Organs.-1 hese admirable cury nor other noxious ingredients, and „ pe culiarly adapted for those ailments which Holloway's attack the. mucous membranes during the summer. cleanse the blood, stomach, liver, and lLngs from all hurt fulfiatui courseen flatulency, these giddiness, d i nesB, yimprove ts the powers of digestion, a'a.dd speedilys eradicate all disorders impurities, and subdue local irritation. The i of the liver, bowels, and cool ing pills prevents the distre bilious attacks induced by cnsi cl ny isp : e hot or humid weather, antt headache, an d costiveness. . As purifiers o f the blood Hol loway's pills stan d uurivayed, hence the power they possess of clarifying the complexion, removing sallowness, check ing the growth of purples, sad reauating the vital foot- ' WU, LOSS uF THE BRITINII SHIP ASIATIC FIFIEEN LIVES. The sad details of th foundering of the ship Asiatic, nearly 1,000 tons burden, while on her homeward voyage from Akyab to Falmouth, for orders, and the loss of the greater portion of her officers and crew were made known yesterday at Lloyd's, by a despatch from Lloyd's agent at St. Helena. The survivo rs , n i ne i n num b er, had reached that island by the Hanoverian barque Olympia, Captain Tobias, which picked them up on the morning after the loss of their ship. Among the survivors is Captain Watts, the commander, who gave the following version of the catastrophe : " The Asiatic started on her voyage from, Akyab on the 28th of Mareh last, and on the 15th, of June she was in lat. 34 56 S, long. 27 E. On the 1701 a gale sprung up from the N.W., of a most threaten ing character. They took in all sail and hove to on starboard tack under lower ma i ntopsa il . By nine o'ciock the gale had reached to almost a hurricane with a turbulent sea, which caused the ship to labour violently and ship large quantities of water, filling the decks fore and aft. About the time a sail could be observed some four miles distant, evidently in the same trying position as the Asiatic. She was seen to be hove too on the same tack, and was under the main trysail. The Asiatic's pumps never ceased working for a moment. About noon a terrific sea caught the ship, washed aw y port bulwarks, port quarter boat, galley water cask, and everything ?a deck. At 5.30 p.m., another sea struck the ship, which drove in the front of the poop and topgallant forecastle, and carried away all the internal fittings'. The storm gradually became more furious, fa the ship rolled and laboured greater than before- The pumps, although kept constantly going, could not relieve the ship of much water. From this time up to midnight-the gale continued to rage with in creased violence. About half-past two on the fol lowing morning, the 18th, the .ship was evidently' fast settling down, the foretopmast staysail was set, with a view of wearing the vessel round, and the helm had been put up, when all of a sudden, the crew at the time being engaged in hauling on the weather main brace, the ship fell on her broadside and commenced sinking. Captain Watts and eight of her crew who happened to be on the poop at the moment, had barely time to get to the weather side and jump into the lifeboat before the ship disap peared. She went down instantaneously, the lash ings of the boat had been cut, and the heavy sea. threw her over the masts of the ship as she went down. As it was, the bow of the boat struck the mast and stove one of her planks, and it was with the greatest difficulty and exertion that they could prevent her sinking. At times she was half full of water, they kept baling her oat with their boots and caps. With the exception of one man, he savr nothing of the remainder of the crew. Thu en deavoured to save him, but owing to the strong end heavy sea running they could not reach him. The survivors in the boat kept her head to wind until daylight, using the bottom boards in the boat for paddles, having lost the oars. About five o'clock they saw a barque four miles distant to the S.E. They paddled towards tae sail and succeeded in getting alongside about six o'clock, and they found the ship to be the same vessel they had been in company with on the previous evening, and which was the Hanoverian barque Olympia, also from. Akyab. The Olympia t oo k th em on b oard, treate d them with much attention, and conveyed them 0' St. Helena. Both the vessel and cargo were fully' insured. Several of the sufferers have left widows and families. COUNTRY MARKETS. MANCHESTER—Aua. 2S. - New English wheat was in better demand, and in most cases is dearer ; old sorts neglected, and kreign was less in request. New English flour in moders.',,e request, but for all other sorts bu-iness was limited. and prices unchanged. Oats and oatmeal were difficult to sell, and rather cheaper. Beans and Indian corn 6d cheaper. BIRMINGHAM—Auo. 28. At to-day's market there was a moderate supply of Enr lish wheat from the farmers, which sold slowly at a decline of is on last week's rates. Old vats unaltered in value; new is lower in price. Ba:ley supported late quotations. Beans and peas no cheaper. ASSIZE INTELLIGPNCE. NORTHERN CIRCUIT—LIVERPOOL, Aug. 28. (Before Mr, Baron Martin and a Special Jury.) TOWER AND OTHERS V. RAWLING AND OTHERS. Mr. Temple, Q.C., Mr. Bett, Q.C., and Mr. Per ronet Thompson appeared for the plaintiffs ; Mr. Manisty, Q.C., and Mr. Vernon Lushington for the defendants. This was an action brought by the owners of the collier brig Palmyra, 270 tons, against the owners of the schooner Edith, to recover damages for injuries sustained by the brig on the 16th of March last, when the two vessels came into collision off the Yorkshire coast, not far from Whitby. The plaintiff's case was that on the voyage from London to Sunderland the brig, on a very dark night, the wind being W.S.W., was sailing close hauled, when the lights of the Edith were seen half a point on the starboard bow, about a mile off; that the Palmyra immediltely ported her helm, in com pliance with the rule of the Merchant Shipping Act ; that the Edith wrongly starboarded instead of likewise porting her helm, and thereby rendered inevitable the collision which immediately ensued ; and o which the result was that the Edith was cut down to the water's edge, and soon after sank, the Palmyra being also much damaged that with diffi culty she was towed into Sunderland. The case for the Edith was that she was on her voyage southwards, close-hauled, with the wind S.S.W., when the Palmyra was seen ; that, being unable to lie near to the wind, she continued her course, as she had a right to do ; and that it was not until the collision became inevitable that her helm was staraoarded to ease the blow. The Edith's people, however, admitted to some extent a conversation between the respective masters at the time of the accident sworn to by the crew of the Palmyra, to the effect that on the master of the brig charging the Edith with having improperly starboarded when she first saw the Palmyra, the master of the schooner reproachfully inquired of his mate why he had star boarded, to which the mate replied that the brig was crawling across the Edith's bows. In addition the mates of two other vessels which had been off the same part of the coast about the same hour produced their logs, and proved that the wind had then been as alleged by the plaintiffs. The learned Judge summed up, when the verdict was given for the plaintiffs, the amount of damages being referred to arbitration. This case occupied till past 6 o'clock last night. HARRISON V. JANSON. This was an action on a policy of sea insurance, brought against the underwriters to recover the value as a total loss of the ship Indian Queen. The defendants paid into court the sum equal to 36 per cent. on the sum insured—from £4,000 to £5,000 — which they alleged was sufficient to put her in an efficient state of repair. Mr. Brett, Q.C., and Mr. Milward appeared for the plaintiff; Mr. Edwd. James, Q.C., Mr. Mellish, Q C., and Mr. T. Jones for the defendant. It appeared that the plaintiff was the owner of the ship Indian Queen, which cost in 1853 £15,000. She was repaired in 1858 at a cost of £5,700, and was insured on a voyage out to Valparaiso last year in the sum of X 12,000 ; her value was said to be then £4,725. On her voyage out, on the Ist of last April, while sailing 12 knots an hour, at night, she en countered an iceberg, and was greatly damaged by the collision, her masts and rigging going by the board, her boats being broken, and many of her crew and passengers killed ; and on arriving at Val paraiso it became necessary to repair her. It was found thlt the repairs would cost from £5,000 to £6,000, and as the ship, it was said, was only worth £4,725, the owner elected to go against the under writers as for a total loss, and sell the ship for the benefit of the underwriters. The ship was accord ingly sold by public auction for 10,000 dole. For the defendant it was contended that the ship, when repaired, would be worth 40,000 dole., and as the cost of her repairs were estimated at only 29,000 dole., the plaintiff could not elect as for a total loss. It was further contended that the repairs were over estimated, and could have been done by contract at Valparaiso for 23,000 or 24,000 dols. A great deal of the evidence was taken under a commission, and read in court, and anything more dreary at the end of a most protracted assize cannot well be conceived. The few counsel in court who remained looked jaded and impatient. the court was half empty, and except the parties and those actually engaged in the con duct of the cause no one in court appeared to have the slightest interest in the matter. His Lordship having summed up, The jury found a verdict for the plaintiff for the full amount claimed as for a total loss (Before Mr. Overend, Q C., sitting as a Commis sioner, and a Spedll Jury.) 11 ( CANCE V. THE LONDON AND NORTH-WESTERN RAILWAY COMPANY. This was an action to recover the sum of £69 as the amount of damage sustained by plaintiff in con sequence of the defendants having carried plaintiff's horses, in July last, in defective trucks, from Liver pool to Wolverhampton, whereby they were injured. Mr. C. Russell appeared for the plaintiff; and Mr. Manisty, Q C., and Mr. Quain for the defen dants. It appeared that the Waintiff brought his horses on the Bth of July, 1861, to the defendants' station at Edge-hill. They were three in number, and late in the evening they were put into a truck pointed out by the company's servants, with four horses of a man called Keatinge, who was travelling with the plaintiff. The seven horses filled the truck so as to prevent their jolting. After they had been put into the truck Keatinge went into the com pany's office and paid the carriage, £2 19s. 6d. At the same time he put his mark to a printed declara- Jo❑ that the value did not exceed £lO each horse. There was a difference between the evidence of the plaintiff and that for the defendants, as to whether the contract was read over or explained to the plain- tiff. At the time this printed form was signed the I plaintiff got his receipt, with general conditions of carriage ,printed on it. When the train arrived at Warrington it was discovered that the bottom of the truck was broken and the wood rotten, and that the legs of two of the horses had got through. One of them was killed by defendant's orders, and the others were considerably injured. The defendants paid into court £25, which it was admitted covered the loss, assuming the value of each horse to be conclusively fixed at £lO. Assuming that the limit was not £lO, the plaintiff's damage was admitted to exceed £23. The questions raised were--first, whether the printed form was, in fact, an agreement limiting the terms of the contract to carry; and, secondly, whe ther, if so, it was a reasonable one within the Rail way and Canal Traffic Act (17th and 18th Victoria cap. 33, sec. 7), so as to bind the parties. A verdict was entered for the plaintiffs for £4O in excess of the £25 paid into court, with liberty to the defendants to move the superior court as to the question of law. _ _ It is expected that the few remaining causes will be got through in the course of to-morrow, as, one by one, the parties, tired out with waiting, are be ginning to settle. AUGUST 29. (Before Mr. Baron Martin and a Special Jury.) MORGAN V. SMITH. This was an action to recover damages for carry ing the plaintiff in defendant's ship to New Orleans against the will of the plaintiff. Mr. Edward James, Q.O , and Mr. Milward ap peared for the plaintiff; and Mr. Mellish, Q.C., and Mr. Deighton for the defendant. The plaintiff was a Channel pilot employed to pilot defendant's ship,the Rockland down Channel the month of February last, and instead of put ting the plaintiff, after his task was done, on board an inward-bound ship, or on shore, he was taken on to New Orleans. The nature of the contract entered into with pilots in such cases was at first disputed, but finally it was agreed that the contract was that the captain of th e outward-bound ship should use reasonable exertions to land the pilot or put him on board an inward-bound ship. The plaintiff alleged that the defendant did not do this, but that, the ship being short of water, she hurried on to New Orleans. On the other side, it was stated that severe easterly gales set in at the time, and that it was impossible to land the pilot or put him on board an inward-bound ship, and that all reasonable exer tions were made to do so. This question was left to the jury, and they at once found a verdict for the plaintiff for IN. DUGGAN V. TUE MIDLAND RAILWAY COMPANY. This was an action for giving the plaintiff into custody and assaulting him. Mr. James Q.C., and Mr. C. Russell, appettred LYNN-AUG. 27. Our market this morning was fairly attended, and the wheat only in moderate supply. Several samples of new wheat of fine quality brought full rates, with a free sale. Oats, beans, and peas were unaltered. Old white 42s to 50s I New..' . .50s to 580 Barley. ....285. to 32s I Oats.. .22s to 26s Beans .400 to 46s I Peas 48s to 54s SHEFFIELD—Aua. 27. There was a larger attendance to-day than for some weeks past, and the market was more animated. A considerable number of samples of new wheat were shown, in excellent , condition, and sold well. Old wheat was unchanged is value. New oats declined is to 2s per qr from last week. Flour id per 141 b lower. Other articles were at former prices. Rod wheat, per lead of 3 imperial bushels...l7s Od to 25s Od White New red /, » ...258 Od to 28s Od New to 26s oer , I New white ~ Beans ~ f ...20s Od to 24s 6d. If ... 16s Od to 18s 0 3 Peas, per qr ,, Grinding barley, p er qr s4s Od to 553 Od. 33s Od to 3580dt Oats Malting ditto, ~ 3ss Od to 43s Oa 258 to Od 77 Millers' prices for flour-2s Od, 2 s ld, and 6d 24 3d 34s per 141 b. EDINBURGH GRAIN—Aut. 28. Wheat on the top 3s Od down average Os lid down• Barley on the top Os 6d up .average is Od up. Oats on the top Os 6d up. .. . average Os id down• Beans on the top is Od up.... average Os 8d up.l Averages per Imperial quarto?. Wheat. New wheat ... ..... 00 0 0-12ths Barley 1 I( 1 7-12ths Oats 1 10 5 10-12ths Beans Total Supply ant) Sales Wheat ..1065 qrs ........ Sold 164 qrs Barley... 265 qrs Sold 249 qrs Oats :763 qrs Sold 669 qrs Beaus ;.58 qrs Sold 67 qrs DERBY SMITHFIELD—Aro, 27. A fair number of fat beasts to-day, but the demand was very tame, and little business done. Beet bid to 7d I Veal Lamb Mutton .. 7d to 7fd Pork 'ld to 6d .. 8d to —d Rough fat, 4s 3d per stones Hides, 3d to 44d ; calf skins, 5d to 6d, THE MAILS. MAILS DUE. Australia, Ceylon, and Mauritius (via • South ampton) ..• Sept. 18. Do. (via 11Tarseilles) Brazil and Cape Verds S s e e p r t t ..l 3 2 . . Buenos Ayres, Monte Video, &c. Cuba and Mexico Aug. 28. Canada, &c. (via L'd err y) .. Aug. 28 ' Cape of Good Hope, & c . Sept. 1 . China, Penang, and Sin ga pore ( v i a S' amp t on) Sept. 1. Do (via Marseilles) Aug. 26. Gibraltar (via Southampton) Overdue' India(Calcutta), Ceylon, &c. (via Southampton) Sept. 1 . Do. (via Marseilles) Aug. 26. India (,Bombay), (via Southampton) Overdue. Do. (via se .........................Sept. Aug. 26. Lisbon • •• • •• •• l. Malta, Egypt, and Aden (via Southampton) Overdue. Do. (via Marseilles) .. Aug. 26. Vigo, and Oporto Sept. 1. United States, California, &a. .. S e pt. 4. Western Coast of Africa, Madeira, Teneriffe Sept. 1 0 . West Indies and Pacific, Carthagena, Cub a , &c. Aug. 28. FATAL ACCIDENT. —The sorrowful news hat; reached Warrington of the death of Miss Gertrude Powys, while bathing near her father's palace, Isle of Man. It appears that the young lady, while bathing with her elder sister, went beyond her depth, and no aid being near ell was drowned. The deceased was about 14 years of age, au the youngest daughter but one of the late esteemed rector of Warrington. She will be buried at Warrington en Fri day next. Warrington Guardian. Mrs. Chas. B BURRIDGE.—On the 2 13 8th 1 ina T t., B at B T . aunto n, Burridge, of a son. HARRIS.—On the 29th inst., at Gatton, the wife of Edwd. Harris, Esq., of a son. ROGERS.—On the 29th inst., at Barnes, the wife of John Bellas Rogers, Esq., of a s on. WALDucR.—On the 28th inst., at Stockport, Mrs. Herbert J. Walduck, of a daughter. MARRIAGES. CHAPMAN BLACR.—On the 28th inst. Thomas A. Chap man, tiV• H. Black, Eq oCnhti h n e a, 2F t B o tisi M i i n r s g t a .a t t , t t h h e e second daughter o f.,London. Samuel John, eldest son of Mr. S A.3BCl44l , LLu heepBlde, London, to Emily, th e daughter of Mr. John Woolfall, of Runcorn, Che shire. I o ec m . w n je s n rr E . so—RlNui of 0, oFr;fP: DEATHS. CHESTER —On the 21st inst., at St. Helier's, Jersey, are" nado Chest er , E sq , late of the H.E.1.C.5., Madras, aged 57. - - COVEY.---O n the 28th inst., at The Shrubbery, Basing" stone, Edward Covey, EN., surgeon. FRY.—On the 28th inst., at Plashet, Essex, Joseph Fry, Esq., aged 85. PALMER.--On the 27th inst., Mr. Thomas Palmer; of the firm of Palmer and Co., North-street, Brighton, aged 68. . PARLANE,--On the 22d inst., suddenly, at Corrie, Island of Arran, William Parlane, Esq., of Stanley-grove, Manchester. POWER.—On the 19th inst., at Leicester, William Hunt Power, Esq., aged 86. LONDON : Printed and Published by MURDO YOUNG, at No. 112, Strand, Printer, at ME SuN Office, No. 112,Strand In the Precinct of the . Savoy, in the County of leicifileseir Friday, August ao, 3881. d:: -~ -:~„ ,~ '; ,