The Press.
London, England, 1858-12-25 00:00:00

Yaiv nub Volta.

GEORGE WILLIAM SAUNDERS, Esq., of Rolls-yard,
Chancery lane, London, has been appointed Com•
nnssioner of the Birmingham Court of Bankruptcy,
in the place of the late Mr. Balguy, Q.C. The
new Commissioner was called to the bar in June,
1820, and has for several years filled the office of
secretary to Loid Justice Turner.
COMBINATION AIIONST PRINTERS has been exem•
plified in an action tried on Tuesday and Wednesday
in the Court of Exchequer. The action was brought
by the proprietor of the Sheffield Times, and two
other papers, against the proprietor of the Sheffiell
Daily Telegraph, for publishing a libel, consisting of
attacks nropagated by the l'rinter's Union of the
town. The trial resulted in a verdict for the
plaintiff, with 500/. damages.
MR. JOHN TOWNSEND, described as an auctioneer
and late M.P. for Greenwich, has at the Court of
Bankruptcy applied for a certificate. After a
lengthened bearing the Court deferred judgment.
TRIAL BY JURY has received a somewhat rude
shock in the refusal of Lord Campbell to receive a
veraict. On Friday, in the Court of Queen's Bench,
in the case of Smith v. Great Northern Railway
Company, arising out of an accident in a fearful
storm, Lord Campbell, in summing up, directed the
jury to find a verdict for the defendants, it they
the train was not proceeding at excessive speed.
If, however, they were of opinion that there was neg-
ligence on the part of the company, they would find
a verdict for the plaintiff with adequate but moderate
damages. The jury, after being absent more than
two hours, returned into court, when the foreman sail
they had agreed to a verdict for the plaintiff—damages,
one farthing.—Lord Campbell: Gentlemen, I really
cannot in the discharge of my duty receive that verdict.
It is impossible it can be right. It cannot stand.
The Court of Queen's Bench will set it aside. If
you find a verdict for the plaintiff you are bound to
give him reasonable damages, and if he is not enti-
tled to a verdict you must say so. I must, there.
fore, beg you to retire to your chamber and recon-
sider your verdict.—A juror: There is no chance,
my lord, of our agreeing.—Lord Campbell : I hope
that by consultation and deliberation you will be
able to agree.—Several jurymen said it was quite im-
possible.—Lord Campbell: Trial by jury has long
flourished in En3land to the great benefit of the
land, but it has done so by reason of jurymen delibe-
rately and calmly consulting each other, and coming
to a conclusion on one side or the other. Now, it is
quite clear you have not done that. 1 must beg. of
3 on to withdraw and deliberate upon your verdict.
I should be guilty of a dereliction of duty if I
were to receive a verdict which is unquestionably
wrong.—The jury then left the Court.--At halt-
past five o'clock, after they had been absent
about two hours, they came into Court again.—
The Foreman : My lord, there is no chance of our
coming to an agreement.—Lord Campbell : I can

only order you to return to your chamber and delibe-
rate again upon your verdict. The law is binding
on me and you, although not to force your con-
sciences. You must return, and be locked up until
you agree.—A juryman :We have agreed.—Lord
Campbell: You have agreed in a verdict which I
must say is contrary to law, to justice, and to common
sense. (Laughter.) lam astonished at it. It does
surprise me to find that gentlemen of your intelli-
gence will now, after being told that your verdict
cannot be received, and is a verdict contrary to law,
justice, and common sense, persist in a verdict for
the plaintiff; giving it as your opinion that there was
negligence on the part of the company, whereby the
plaintiff suffered severe injuries, and yet cutting
him off with a farthing. That is not creditable.
You will return to your chamber.—A juryman :
Does your lordship refuse to receive the ver-
dict ?—Lord Cambell: I do refuse to receive it as
the law requires me. You must return to your cham-
ber and reconsider your verdict.—The jury then
withdrew.—Lord Campbell, before quitting the
bench, directed the associate of the court to receive a
proper verdict ; but intimated that, if the jury per-
sisted in the verdict they had already returned, he
should certainly not discharge them until the next
morning.—At 12 o'clock the jury had not agreed to
their verdict, and consequently they remained locked
up all night. On taking his seat on Saturday morn•
ing Lord Campbell inquired whether the jury had
agreed to their verdict, when the foreman said they
had not, and there was no probability that they
would agree.—The jury were then discharged without
coming to a verdict, a result which has not as yet
been attained in any of the numerous actions
brought against the company for the same accident.

THE PARLEY MURDER was tried on Friday at the
York Assizes. The prisoner, James Alinson, aged
24, was indicted for the wilful murder of Mary Jane
Scaife, at the parish of Hampthwaite, in the West
Riding, on the let of August last. He refused to
plead when arraigned, and by his lordship's direc-
tion the jury were sworn to try whether he stood
mute of malice or by the visitation of God. Mr.
Anderson, the surgeon to the gaol, was then sworn,
sad stated that the prisoner, in his opinion, could
both hear and perfectly understand what was said to
him. Atter this evidence, the jury found that the
prisoner stood mute of malice, and by his lord-
ship's direction a plea of " Not guilty " was re-
corded for him. It appeared that the father of
the deceased was a small farmer near Darley,
and the prisoner was the son of a flax-spinner az.
Darley, and acted as his overlooker. The prisoner
and the deceased had been attached for several
years. Shortly before this sad event there had been
a gala at Bewerley-park, at which the deceased and
the prisoner were. A man named Gill, a farmer of
the neighbourhood, who was also there, had paid the
deceased some attentions, which had apparently ex-
cited the prisoner's jealousy. Shortly after this, on
the Ist of August, the deceased met the prisoner as
she was coming from church with her sister, and he
walked towards her home with her, a man named
Furness walking with her sister. The prisoner and
the deceased were seen to go up a lane called
Stump'slane, and the prisoner was the last person
seen walking with the deceased alive. The
deceased next morning was found in a ditch in
this lane, with her throat cut and dead, and
the prisoner was in consequence apprehended.
It appeared that early that morning the prisoner
had gone into his brother's bedroom, and had made
a statement that he bad cut Mary Jane's throat,
exclaiming, the Lord have mercy upon him, he bad
murdered his sweetheart. On being taken into
custody he repeated this assertion, and subsequently
made a lengthened statement detailing the particu-
lars of the crime when before the magistrates.
Evidence was then given of the above facts. The
ground of the defence, which was supported by
several witnesses, was lunacy ; it being alleged
that his brother was an idiot ; his aunts were
lunatics ; his father's brother was a furious lunatic;
his grandmother had brought lunacy into the family ;
and this malady was traceable to even more remote
generations. The prisoner was an imbecile, in•
capable of appreciating the circumstances under
which he was placed at this time, and insensible to
the nature of the act which ho had done.—The
trial was resumed on Saturday, when the jury, after
two hours' deliberation, returned a verdict of " Not
guilty," on the ground of insanity.

EDWARD TomuEs, who is charged with the murder
of Charles Canty by cutting his throat, still remains
in Newgate ; and it is the opinion of the medical
officers of the prison that he is in a hopeless state of
insanity.
THE DESERTER TO THE RUSSIANS, Private Thomas
Tole, of the 7th Royal Fusiliers, who was arraigned
before a court-martial on the charge of having, when
serving in the Crimea, deserted and gone over to
the enemy, has been sentenced to transportation for
life.