The Express.
London, England, 1863-08-13 00:00:00

TEE EXIIIFSS, TITUESDAY FVENING, Al' GUST 13, 1863.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—CRoyDoN, Arousr 12.

The business of these assizes a still " dragging its slow
length along," and according to the present rate of progres-
sion, tbo whole of the muses will not be tried in less than
another fortnight.
(Before Baron Chantiell and a common jury.)
COOrtiß V. JAY.

This was an action to recover the amount of certain
bills of exchange. alleged to Fare been accepted by the de-
fendant

Sir C. Honyman and Mr. derwick were for the plain-
tiff ; eta Bei jeant Parry and Mr. Barnard for the de-
fendant.
Thin action was brought by the assignees of a baoknpt
named Church, who bad carried on the business of a leather
merchant, to recover the amount of several billsof exchange
that were alleged to have been accepted by the defendant,
who is a boot mai shoe manufacturer at Wellingborough, in
Northamptonshire. The defence that was set up wee that
the acceptances to the bills in question were forgeries,
and from the evidence adduced it was clear that either
the offence of perjury or forgery must have been
committed. The plaiutrff '4 case rested mainly upon the
evidence of two brethren named James and Benjamin Lovell,
both of whom bad been engaged in the leather trade ; and,
according to their evidence, they had had dealings with the
defendant end had supplied bun with leather, and upon
their representing to him that they wanted to raise some
money, they stated that he accepted the bills in question.
The acccuut they gave, however, of the transaction was
certainly a very extraordinary one, for they stated that the
defendant write his name across a blank bill stamp, without
anything being said as to the amount, and that the sums
were afterwards tilled in by one of the witnesses referred to.
It was also admitted in cross-examination that in order to
make the bills appear more respectable they were made
payable at the lon on and Weattniuster Bank, where none
of the parties kept an account; and likewise that
the defendant had only upon one occasion purchased
leather of Benjamin Lovell, and that the amount of leather
supplied was not more than ad. In answer to the carte set
up for the plaintiff, the defendant himself was examined,
and he swore positively that the acceptances to the bills in
question were forgeries, and that no such transaction aa the
one referredto by the two witnesses ever took,place. lie gave
his evidence in a most clear and straightforward manner,
and it was confirmed in some material matters by other
testimony.
The learned Judge having summed up the whole of the
evidence, the jury almost immediately returned a verdict
for the defendant.
The attorney fur the plaintiff was directed to take charge
of the bills, is order that they might be forthcoming tu the
event of any ulterior proceedings being taken.

(Before Baron Bramwell and special jaries.)

E. 4 TON AND ANOTHER T. PRATT AND ANOTHER.

This was an action of ejectment to recover possemaion of
some property at Bermondsey.
Mr. Lush, Q.C., and Mr. Murphy were for the plaintiffs ;
Mr. Montagu Chambers, Q.C., and Mr. Raymond were for
the defendants.
This calm occupied the court for several hours, and ter-
minated in ► verdict for the plaintiff*.

THE RAILIVAY ACCIDENT NEAR LYNN.

KING'S LYNN, AUGURT 12.

The inquest on the body of Mr. John Dennis,
who died from the effects of injuries received on Monday,
the 3rd inst., at the accident on the Lynn and Hunstanton
Railway, was resumed at the Town-ball, Lynn, before Mr.
E. M. Beloe, deputy coroner, this morning.
Mr. Edwards appeared for the Great Eastern Railway
Company, and stated that the verdict of the county jury
was such an extraordinary one, and its terms so extravagant,
that the company bad determined to appeal as it were from
that jury to the present one, and to ask them as gentlemen
of the town to goes fully into the inquiry as it had been
gone into before, for he mr. Edwards) could not believe
that two bodies of men who brou.ht uubiaimed minds to the
subject could arrive at the same decision as had been
arrived at.
Mr. George Billings' evidence was then read over to him,
and some additional facts (without importance) were
. .

Mr. Edward Blocofield repeated his evidence. He also
said that he did nut make any complaint to the company of
the state of the fences before the 20th of July, except to
the navviee when they were making the lion. He knew,
from the nature of the soil, that the ditch would be dry in
summer. _ _ _ _ _ _ _

By Mr. Edwards—l apprehended an accident when I com-
plained. I apprehended the accident when I refused to
take my bullocks off the field. I did apprehend that the
bullock might be killed, but I did not suppose it would
throw the train off the line. When I made a complaint I
was told wire fencing was being put up.
By the Jury—l did not think the line safe u to the fence'
when the government inspector gave his report.
By Mr. Edwarda— Whilst there waa water in the ditch I
never knew my stock to get upon the line.
Thomas Andrews, whitesmith, Lyon, said—l came home
by the first train from Hunstanton' and went back to tt out.
toes with the engine and carriages that went to the relief.
1 saw a third-class carriage on its side with the compart-
ments broken through. (Witoess described the position of
the injuries of the carriage.) I observed a little hit of rot-
tumuli in the carriage, but a part we bad to knock out was
as sound as when it was built he should say.
By the Jury—lt is a till that was rotten ; not the frame-
work. It seemed to be a Mil laid upon the framework. In
washing the carriage and such like it might have become
rotten. It mold not be seen. The buffer plank of the
carriage was as sound as could be. No one could see the
rottenness unless it was broken to pieces.
Mr. Billing produced a bit of rotten wood taken from the
end of the carnage be came out of.
Mr. T. M. Kendall repeated the evidence he had already
given.
Mr. Robert Howlett., of Stourbridge—l remember the 3rd
of August. I came from Hunstanton in the evening. I
was travelling by the excursion pain from Cambridge. It
was between six and seven. Am we were getting near Lyon
I observed either a bullock or heifer on the line. I did
not communicate that to either guard or engine-driver, or
any one. He was feeding by the side of the line. He did
not appear to take say notice of the train, and I looked at
him until the train was quite by.
By the Jury—l was about midway of the train, and I
did not observe that the engine-driver whistled, or took any
notice of it.. . _

John Thompson, the shepherd to Mr. Hamond, was neat
examined. He said he had had bullocks in the (kHz since
Michaelmas last, and they had not got on the line ; they are
heavier bents. He complained of the fences to the work-
people and to "our *quire," and to " Lawyer Swatman
likewise." He bad never seen above a foot of water in the
ditch. Did not mason it, but went by his eye.
By Mr. Edwards—Have had some talk with Mr. Swatman
this morning. The gravelliog of the roadway was oomplaioed
of. Mr. Seaman came after everything, roads and fences
also. Would swear that he complained of the fences to Mr.
Swatman and " oar squire" since the line was opened. His
cattle had strayed into other people's field, and others into
his. Although be considered he fences insufficient against
hones and bullocks, as a fact, the fence bad kept in the
stock since about Michaelmas.

Mr. T. R. Milt, station-master at Lynn, said Monday.
August :3, was an excursion day from Cambridge, Withech,
and Lynn to Ruostantoo. The Cambridge pseeengere were
conveyed by a special train leaving Lynn at IL3O, and re-
turning from Hunstanton at 6.45. We had more than the
ordinary number of passengers on that day, and in
consequence of that it was thought better to divide
the train into two instead of mooning one long
train. It was thought to be more convenient, because
one must stop at each station. One left 13 minutes
after the other, and they were ordered to return in the
same manner. My first intimation of the accident was
about 8.30. Mr. Platt came with the engine of Abe unfortu-
nate train. I immediately sent round to the surgeons and
dispatched all kinds of servants with tools to the segue of the
accident. I took the leading part, and directed everything
to be done that could be done, I returned to the thew
with Mr. E. Self, one of the directors. We brought the
dead to the Gaywood gate, and from thence to the Ship
Inn. Mr. Dennis was carried home wounded. There had
been a sudden and =looked for rise iu the number of
passengers. The week ending June 7, there were booked
from Lynn, 532 ; week ending July 5. 1,258 ; week ending
July 19, 2,008. The excursion traffic five Wisbech in
particular, rose in the same prop rtion. n
Mr. Edwards said the conduct of the wit ess bad been
most exemplary on the occasion.)
Witness (by the Jury)—The servants have never com-
plained to me of stock on the line, not in one single instance.
By the Coroner—Fifteen minutes is ample time between
two trains ; we consider ten minutes enough. The second
tram cannot be called a fast train ; it was a special tram
which knew the circumstances under which it started, and
it had to atop at two places on its journey.
By Mr. Edwards—Trains are usually run between inter-
vals of fifteen minutes.

By the jury—The driver should report to his foreman at
the finish of the journey, and also at the next station he
passes, if he saw any obstacle on the line. The driver of
the Cambridge train, nor the driver of the next train from
Ilunstanton, did not report that a bullock had been seen on
the line. I believe the driver of the first of the two trains
might have pulled up with perfect safety supposing they
took immediate precautions to protect their train. I should
certainly consider a bullock a dengeroue impediment. The
driver was guilty of a dereliction of duty if Le did not report
that ; but he had not arrived at Lynn in time to do so. The
accident occurred whilst he was coming into the yard. The
Cambridge train arrived here at 20 minutes past seven.
There was certainly time fur him to have reported the ob-
struction to me. No driver or guard has ever reported
seeing bullocks on the line.
Mr. Edwards said it was not in evidence that any driver or
guard bad seen bullocks on the line.
Witness continued—The Cambridge train only coming to
the junction ought not to make any difference in his report-
ing to me. 1 think the driver of the first of the two trains
did the beat thing in not stopping to put off the bullock.
James Beaumont said—l drove the train from Hunstanton
to Cambridge on Monday, leaving If uostanton rat 6.4 for
the return journey to Cambridge. I saw no obstruction on
the line. 1 saw a bullock partly in the dike and partly out
on the other side of the fence. I just caught a glimpse of
it as I went by, an I got up from attending to nay engine.
Had nothing to tell, and I told nothing.
By the jury—l did not remark it to my firemen. as I bad
nothing to remark to him. According to what I saw it was
on the other side of the fence. I certainly did not see it.
I speak as I saw. lam prepared to asy I did not see it.
Mr. Howlett recalled—l was sitting with my back to the
engine. The bullock was to my left. Another xenon, my
wile's sister, saw it as well as myself. The bullock that I
sa► was feeding by the side of the basal.

PointonJackwacwi's evidence was repeated,
Thomas Wakefield was also examined—He had turned
oat many carriages for defects, but never any for rot.
SetIONA. _ _

William Attock, superintendentof the carriage department
at Stratford, said—My attention has been called to carriage
279. The last time it was in the shop was in December
last. It went through a thorough repair and painting in'
1856. (The witness gave the dates of several repairs and
alteration. of the carriage.) The latter repairs were only
alight ;in 1836 it underwent a general repair. The sew
second-class =triages were of mahogany, with a framing of
English oak. The monde were not turned into third
because of unsoundness, but because new second-class =T-
riages, such as described, have been introduced. The car-
riage 279 was built in 1846. It was built by Wright, of
Birmingham, the best builder in the kingdom. The witness
described an examination he had made of this carriage. The
underframe was of the very best description of oak. The
I end bar of the body Maid. was decayed, but it would be
impossible for any one, had the carriage not been knocked
to pieces, to detect it. On this carriage the buffer rod,
which was 21 Mars In diameter, and of solid iron, was
broken away, showing that the shock must have been of a
severe description. We have about 300 men attending to
the repairs of carriages.
By Mr. Edwards—Many of the lines have =triages of
lighter construction then the carriages referred to in the
examiner's reports. They toured that the carriages did not
run without going through the shops once in every six
months. _

—Timothy Wilson, foreman to Mr. Attock—The facts
which Mr. Attack had stated he could corro'oorate most
emphatically. He produced his books to vouch for the cor-
rectness of Mr. Attack's facts.

Mr. Alan H. Gwatmen—le the early part of September
Mr. flamed brought to me the usual plan and notice.
I went down with him, and we determined upon the even-
ing. Among other things we talked about the fencing, and
I told him I thought there woe no occaaion to mention that,
u the Lands Claus, Consolidation Act provided for it. After
the line was made, Thompson came to meat least six or seven
times to complain of the difficulty he bad in keeping the
stock in Mr. Ham rs ond's marsh-land off the line. I sent him
to Mr. Durant, who dismiaaed him very cavalierly, and said
he should speak to his betters ; whether Mr. Thompson's
betten or Mr. Durrant's betters I did not know. Lip to the
15th of May I had called upon Mr. Durant, and complained
to him, amongst other things, of the fences. I subsequently
called upon Mr. Valentine, and made the Name complaints
to him, and he limited his reply toe reference to the road-
way. Amongst his notes was "fencing and diking insuffi-
cient." Since then no attention has been paid to the sub-
ject. I was down the day after the nettle wan as the Bee,
and I saw the treekway where they had been. There was
DO water in the ditch just after Michaelmas. The rail wee
el6-inch rail. _ _ _

By Mr. Ellararda—No complaints bane been made to me
since May 13. lam quite curtain that the 'abject oi the
esimplaint wee lencleg.

By the Coroner—l cannot swear I spoke to Mr. Edwards
about the fence, but my impression is that I did.
Mr. Jae. Platt was Med. In reply to the jury,
be said nn break power could have stopped the train in the
fort yards.
Myr. C. E. During, borough treasurer of Lynn,
swore, stated that be was in the habit of meet-
Mg the occupiers of lands adjoining the railway
—oheare, Sherringbam, Royaton. and Blorofield, among
others. He had never had • single complaint from those
persons about the fence. He had read • letter of Mr.
Bagg's through Mr. Simpson. He went down to the place
indicated, and found that the fence had been deepened, and
looked to him to be in a very fair and proper condition. He
hail frequently been • passenger on the b but
had never bad complaints, either through their own
people or the Greet Eastern. Most emphatically, he never
bad any complaint from Mr. Gwatmari, on behalf of Mr.
Hamond, as to fences. The complaint was about gravelling
a road. As to the fence, it was a perfect mistake. Thomp.
son, a shepherd, never complained to him to the beat of his
recollection.
Thompson, recalled, said he bad spoken to Mr. Durrant,
in his office, as to the water and the fencing.
Mr. Dormant said be might have bad a conversation as to
the water—the culverts. In his opinion a nine-foot dike
and a rail was a sufficient one. The rail, he apprehended,
was only for the protection of the quick whilst it grew. It
was supposed the ditches never would be dry.
The inquiry has not terminated.

their fiduciary character, and the intereeta of the corn- •
pang. He proceeded to state that the railway having to
pus through an estate of 130 acres of land which Mr.
Parson and Mr. Blake had purchased for a sum of 107,50[.,
and the company requiring 2i acres, a claim had been
made for it through solicitors employed by those gentlemen
at first of 7,5001. and afterwards for 20,0001.
A discussion followed, after which
The CHAIRMAN defended himself against the charge that
he had endeavoured to benefit himself at the expense of
the company. He showed that in October, 1862, Mr. Blake
having purchased the estate offered Lim a fifth of it, and ,t
was not until the 20th November that they became equi-
table owners of it. Although the company had not yet
obtained its not of parliament, they offered to allow
the works to be commenced; and in March, 1863,
they offered to allow the price, of the land
to be fixed by the same arbitration to which other land was
subjected. It was admitted that the company had not
been damaged by the transaction, nor could it be, as they
were only desirous of receiving the proportionate value of
the laud. The demand of 7,5001. and 20,000/. were made
by the solicitors on their own avowed responsibility, and
the demand of 20,0001. had been made in order to protect
them from a claim under a right of preemption of Mean-
Bixbury and Vigor' for 14,600/. in respect of seven acres of
the land. He was now willing to submit to any arrange-
ment which would be deemed satisfactory, and he denied io
the etroogeat manner that he had done knything in his cha•
racter of landowner to the detriment of the compiny.
After some further discussion,
Mr. NOAKES and Mr. LYNCH-STANTON, directors, elated
that they had no knowledge that the land belonged toMtesrs.
Parson and Blake until recently.
Mr. Otairls, a director, said he did not know exactly
when he became acquainted with the fact, but as the
land had been dealt with in the ordinary way he did not
attach any special interest to the matter.
Mr. POWLK defended Messrs. Parson and Blake, contend-
ing that the only object in view was to give Mr. Burge),
entire control over the company.
A very aniniated personal altercation ensued, at the end
of which
Mr. SUROXY replied, urging that Messrs. Parson and
Blake ought to resign.
The resolution was then put and carried.
Mr. &MET asked if the chairman and Mr. Blake pro-
posed to resign.
The CHAIRMAN said he should consult his friends, and
consider what course be should pursue.
The meeting then broke up, having lasted from two
o'clock till five.

THE MernoroLlTAN RAILWAY.—The following
official report was presented to the board yesterday : -
" Gentlemen,—l have to report that the narrow gauge
engines and trains worked satisfactorily throughout the
whole of yesterday. A temporary stoppage of the traffic was
occasioned by an engine coming off the line at the Bishop's.
road station, owing to the narrow gauge line (which has not
hitherto been used) being slightly out of level, but the only
effect was to detain the trains until the engine could be again
placed on the rails and proceed on its journey. The engineer
Las his attention specially directed to the narrow gauge
lines, and Ido not apprehend any future irregdarity. The
carriages which the Great Northern and on and North
Western Railway Companies have been good enough to lend
us in this emergency are not quite so well adapted to the
traffic of the line as those will be which you have already
ordered; and I would suggest that the contractors be
premed to complete them, if possible, before the let of
October, at which date they have engaged to deliver them.
Mrize ForroN, General Manager.—London, August 12,."
ISLE OF WIGHT (EASTERN SECTION) RAILWAY.—
The report of the directors congratulates the proprietors of
the company. It states that the construction of the railway
between Ryde and Ventnor has been vigorously prosecuted
during the past six mouths. The bill for the extension of
the company's railway from Ryde to Newport, and from
Newport to Wroxall, where it would join the Ryde and
Ventnor line, bad received the royal assent, and the di-
rector trusted that those extensions would be teeeflcild in
completing • most valuable system of railways for the
public by the shortest routes, and a system calculated to
protect the interest" of the proprietors from competition by
other companies in the Isle of Wight. The directors re-
gretted that the proposed tramway for oonnecting the com-
peea terminus at. Ryde with the Pier Company's on the
Esplanade was rejected by the Howie of Lords on the oppo-
sition of the commissioners of the town of Ryde ; but the
directors believed that the time must soon arrive when the
necessity for the connecting link between the railway and
the waterside would become apparent to • Large majority of
the inhabitants and commissioner, of that town. The
report of Mr. J. Fowler, the engineer, stated that he saw
no difficulty in opening the hue between Ryde and
Shauklio on the Ist of March next. The capital account
showed that 63,9001. had been expended, leaving a balance
of 2,9401. in hand.
STOCKPORT, DISI.EY, AND WHALEY BRIDGE
RAILWAY.—The report of the directors states that the
traffic for the year ending Jane 30, 1862, was 14,3261.
15s. Bd., and for the year ending June 30, 1863, is 15.7021.
16s. Id., being an increase of 1,376/. Os. sd. The directors
have satisfaction io drawiog the attention of the proprietors
to the large increase (equal to 61. Ga. per mile per week) in
the receipts for the past half-year as contrasted with those
of the corresponding half-year of 11162. Although part of
that increase is attributable to the opening of the extension
to Buxton on the 15th June, the greater portion is conse-
quent on the natural development of the traffic on the rail-
way. The decrease observable in the receipts from the
. mineral traffic is only apparent, and is caused by the clearing-
house having discontinued to separate the goods and mineral
traffic, the foreigu traffic for minerals being now included in
the goods return. The net balance of revenue for the half.
year is 2,0804 lla. 10d. ; the balance brought forward from
last half-year is 721. 15e. 4d.- available for dividend,
2,153/. 7s. 2.1. ; the dividend of 41 per cent. on the preference
capital called up will require 107/. 19s. ; leaving &balance of
2,045/. 8a 2d. ; out of which the directors recommend that
a dividend should be declared on the ordinary shares at the
rate of 3 per cent. per annum which will require 2,0341.6 a.;
leaving a balance to be carried forward to the credit of the
current half-year's account of 111. 2s. 2d. The directors
congratulate the shareholders on the completion of the line
from Whaley Bridge to Buxton, which, after IMO. difficul-
ties and lung delay, was opened on the 15th of June last.
From the earnest of traffic which has already been received
the directors trust that this extension will prove remunera-
tive on the capital expended in its construction, and they
have every reason to anticipate that it will be of great ter-
vice in developing the traffic on the original line. The divi-
dends will be payable on and after the 17th inst.

THE GREAT EARTERN.—The big ship is again on
her way across the Atlantic. She left the Mersey on Tues-
day at 9 a.m. for Now York, rid Queenstown, and as usual,
large numbers crowded both sides of the river to see her off.
Besides a large cargo the Great Eastern takes out 900
passengers, and at Queenstown, we understand, she will
take on board about 200 more.
THE HERRING TRA DL —The John o'Groaf Jour-
nal Herring Circular, of Saturday, says :—" The prospects
of the early part of this week have not been realised iit our
herring fishing, and the weekly catch has finished with a
niuch smaller average than was anticipated after the take of
Wednesday. The average fur the season is now crass
per boat, which is under most other stations at this data,
but not under soma pi evioue years at a like date. Lybeter
is a little ahead of Wick iu it average, and Helmialale is
considerably in advance. There was a good fishing on
Friday at Latherouwlieel, Foote, and Gunboat'', and the
whole Latherou coast is now rather above the average of
bygone years at this date. Sarclet, like Wick, is a com-
plete blank to-day. The fishermen, however, are in good
spirits, in the belief that they are to make a fishing next
week. At Peterhead the fishing is still very backward, the
first three days of this week having only added about three
crams to the former oversize of fifteen crass. Fraserhurg,
however, has done well. This week, as will be seen from
our report below, has added largely to the take of that im-
portant station, the overage up to Thursday, the date of our
last advises, being thirty four crass. At most of the stations
in the Baud district the fishing this week has been pretty
good, although not quite so heavy as at Fraserhurg. These
stations, however, had previously done well, so that the
general average for the 1143511011 is high. At Gardesatown
the average for the 84.160111 is about 50 crane. Portnoy about
the same, while Maciiuff and Whitehills show an average
of something like 40 cows. At Burghead, Hopefuls°, and
Lossiemouth, there has not been much done this week. At
Lrasiemouth on Wednesday there was a good fishing, the
average being between seven and eight crane, but the
boats at the other stations were clean. The demand for
cured fish is by no means brisk, notwithstanding that our
fishing is light. We have not heard of any sales this week
above 24a. per barrel, but that mice was for fish eight days
old. Of this description upwanls of 3,000 bangs have
been despatched within the past few days. At Peterhead
245. Cal. was this week paid for the lame kind, but that is
the highest figure obtained as yet. and with anything like
ao average fishing we do not see Guy prospects of 1.0 ad-
vance. Offers from Wick have been sent to Stettin of
275. 3d. oat, freight, and insurance, and refused, for full
crown brand. Spent fish have not been quoted yet this season.
A few small parcels have already been breaded at Wick.
but the greater part of those already caught will be shipped
without the brand."
" '

.—„ .....
PATRONIZING TIIE Point. Row often have I
heard the unfortunate workiug man lectured, as if be were
a little charity-child, humid as to his nasal development,
strictly literal in to his catechism, and called by providence
to walk all his days iu a station io life represented on fea•
tire OCCI.BiODS by a mug of maim milk-and-water and a bun!
What popguns of joke. have these earn tingled to bear let
off at him, what swirlier, sentiments, what impotent concha-
pious, what spelling-hook moralities, what adaptations of
the orator's insufferable tediousness to the assumed level of
his uoileistanding ! If his sledge-hammers, his spades and
pickaxe., his saws and chisels, his paint•pota and brushes,
his forges, furnaces, and engines, the horse■ that he drove
at his work, and the machines that drove him at his work,
were all toys in one little paper box, and he the baby who
played with them. he could not bare been discoursed to
more impertinently and absurdly than I have heard him
discoursed to times innumerable. Consequently, not being
a fool or a Ulmer, he lias come to acknowledge his patronage
by virtually saying—" Let me does. If you understand
me no better than that, sir, and madam, let me alone. You
mean very well, I dare say, but I don't like it, and I won't
come here again to have any more of " All
the Year hound."

LONDON 0 RN ERAL OMN IBM! CONPAN Y(LINITILD).
Teaks receipts for the week audios Aug. 8,12,2661. lie. 34.