The Express.
London, England, 1855-04-20 00:00:00

TEE EXPRESS, FRIDAY

doubt that If the parish took sureties without questioelar
thews whether they wove worth the sum they offered thew
eaves for, they would Duly have themselves to blase for
otateatioss.—ne twee was adjourned Mae dbl.

rG, APRIL 20, 1855.

GAME AFFRAY IN DERBYSHIRE. 1 SINGULAR COAL-PIT FATALITY, AND
----o-- NARROW ESCAPES.
On Tuesday, et the Sheffield Town Hall, befoul
, An inquest wan held yesterday before Mr. W. S.
Wilson Overeat!. Req., end H. 11. Cl , Esti.. ItallP" Rutter, one of the coroners of the *aunty of Lancaster, at
Harrison Can, blade forger, sad Robert Drury, collier, both 1 Farowei th, neer Manchester, on • youth named John
living at Gleedlees, were brought up on • warrant, the ITonge, aged 16, who lost his life on Saturday under cireum-
former
chard with masaiming Henry St. sob, Hayford, 'stances of • very novel character. According to the evidence
of James Tonge, deceased's father, the youth was employed
Rig , of Wistow.hal, Leicestershire, and the latter with
in a cold mine called Top Level But, in Fernworth, one of
assaulting Francis Westby Begthews, Esq., of the Oaks. the collieries of the Duke of Bridgwater's trust, into which
Mr. Bronson appeared to support the complaint, end Mr. a branch of the subterranean canal used for carrying put-
Chamber for the defence. The chugs against Care was poets, and so curious a feature to strangers in this neigh-
bourhood, penerrates. The you bed not returned home
taken first. at hall-put four o'clock in the evening, and witness learn-
Mr. Raiford, being examined, deposed that on Good .
ing, on proceeding to the pit mouth, that he had not come out
Friday afternoon, himself and Mr. Bedtime's, to whom he of the mine, descended the shaft to the galleries below by one
was on a visit, were taking a walk towards Gleadleres. when of the ladders used for the purpose. Knowing where deceased
worked, be proceeded from the bottom of he ladder for about
230 yards along one of the levels, end then turning to the
they Kw Cur, who bad • setter dog with him, fire a gun
twice. They followed him. Mr. Bagahawe got up to him
east, about 80 yards further, he curse to a place where there
first. When he (witness) got up to hint, he asked him his wee a bust lying in the canal, partly filled woh coal. Is
that boat were his son end another collier (Win Long.
same, and Carr, in reply, wanted to know what they had to
do with his name, and asked witness what was his. Witness worth), apparently asleep, and a third collier was lying at
the end of the level. The boat was not at the side of the
told him, end that he was brother-in law to Mr. Bagahawe.
level, and not being able to reach it, he returned, and lost
Can replied, "If you want to know my name, you may nearly an hour in getting down another shaft, where a boat
follow me." He (withers) said they would, and they did
was moored, by means of which he could get alongside of
so.
Carr then left the road to go round a house. Mr. Big- that in which his son was lying. lie had now the assistance
&haws followed on one side, and witness went round to the of another collier, and his eon and two compenions, being
insensible, were got to the bottom of an engine-shaft, and
other. Witness followed Cur out of the road over two or
drawn to the surface. His son was then found to be quite
three fields, Cur meanwhile turning round two or three dead but the other iwo colliers slowly revived. He thought
times shaking his gun at witness and threateoiag him. I .
he perceived the presence of the "black damp" in the
8 ion afterwards he took the gun in pieces. Witness still .
followed, until Carr tinned round and said, "If you follow mine.
me over the nest hedge I'll strike." Witness did so, and re. Longworth one of the survivor. was next examined
by the coroner. He had worked more than ten years in the
over another. Carr again turned, and threatened him with
and had. to the place where he and deceased
the gun-barrel. Witness told him if he touched him he'd miner,
were 'found at 10 o'clock on Saturday morning, ct
be in a serious row ;he oily wanted his name. Carr then in to find deceased and li be"
•
struck at him with the gun. Witness put his hand up,
goat. lle did nut find rot ell o-y there with a
landing
there, but
and the gun struck his hand. He then closed with Carr, lie found deceased lyingt eon "fir.
who previously had snack him with his fist over the eye. a state of insensibility. Believing thate the youth serer intais
Witness Cot his arm round him to keep him from striking fit he lifted him on to the coal, in the bust, and proceeded
to. complete the filling of the boat.' He then pushed the
till Mr. Bushes!' came up. The latter was trying to take
the gas-barrel away, when the other defendant ran up, bout away . but time•
out away , at this he had felt a trembling Benue
with several other persons, and there was a g I :ere bit—
to Come over Woe, hi b d •
and fall uporithe bust, Rendes
morale. Witness and Carr gut down together. CarrT "te._,l'Pehr•!..fors;elll4
se they fell pulled some hair out of his head, wards until he found himself in bed, att
home. Inge leite-•
which bled a little. Same others were also on the e.... . •
Caudle burning at the time It was not the " black damp"
top of him (witness) ; but at last Carr was taken off. or any other gas that he bad met with before, that over-
In crose.examination, Mr. Belford said—We were rather powered him ; he could trot say what it was.
more than& quarter of • mile from Carr when we first saw
him. Carr was theft in a field in the occupation of Mr
attributed the death of deceased to what he called " white
The underlooker of the colliery was nest examined, and
Hoyland, and Mr. Bagahawe has not the right of shooting
over it ; but et the time both Mr. Bigsbewe and myself be damp." In driving the level, the colliers bad broken
bend that he had. I which a large furnace was usually kept lighted, to cause a
heard anything said about his through into the workings of the Holton collieries, in
going to prison and he refused to give his name. Mr.
ght of air throuh them. This fire had probably
Brgshawe might hive said so before I came up, but I bend good dray
rue " return air" to penetrate the levels in which deceased
nailing of the sort. Cur's manner was disrespectful be. gone out on the Saturday, sod would case what was called
sides refusing to give his name. He took a blackbird out
of his pocket end said he had been shooting blackbirds. 'was working, and would be sufficient to produce saran
He did his best to walk away from us. He had told us to tion The communication was about to be bricked up, so
let him alone, and that his name was no business of ours. as to prevent similar casualties in future.
After Mr. Bagahawe left me I helloed to him as I went The jury returned a verdict of " Accidental death."
seer the fields, and called him by name as well. Mr. Bag-
skews returned the shooting, end the whole neighbourhood
might have heard us. I never put my hand on Carr's
shoulder. I neet r put my hand on his person, or attempted
to do so till he struck me. Mr. Bagahawe had a small
walking-stick, but I had none. Mr. Bedstraws did not
strike Carr when he got to him. Before Cur was in reach
of Mr. Begabswe's stock, Drury had tripped up Bigshewe.
Carr struck at Mr. Bagahawe with the barrels becomes I
said to Mr. Bagahawe, " Take the gun barrels away from
him." After CMS I wished to follow Carr, but Mrs. Baton
(Care's sister) stepped between us gaol asked me to stop.
Elbe pushed Cur back to keep him from me. Mr. Bagahawe
touched Carr. When I seized Can after he struck me
be struggled to get away.
Charles Renton, apprentice to • pawnbroker, said he was
on • visit at Gleadleos, on Good Friday. In the afternoon
Mr. Bagahawe same by the house. and asked whether there
was a road at the back. He went over the fields,
and witness followed him to the too of a field, Mr.
Helloed end Carr scuffling in the hollow below. Carr
had two barrels in his hands with which he was beating Mr.
Helford over the shoulder and beck. Mr. Ilsgrhewe
west down and tried to separate them, but another
men came up and pitched him over. Witness was
the first to come n? and see what took place. The
woman (Mrs. Eaton) took the gun barrels from Can's
hand, and he took them back, saying he would serve her the
same if she did nut be quiet. Witness saw blood on Mr.
Halford's coat and on his forehead. There was a bruise on
his forehead. Witness was positive Mr. Bagahawe did net
strike at Cur with his stick.
Cross-examined—Mr. Raiford was kneeling, and Carr
was standing as if he bad got him down.
At this point it was discovered that the information was
not valid, the offence being laid in Yorkshire, whereas the
affray actual took place • few yards across the boundary
in Derbyshire. A new information was made out, and the
evidence already taken was sworn to again.
Alter • few further immaterial questions the witness
Renton retired, end Mr. Bronson intimated that that closed

his case.
Mr. Chambers asked whether Mr. Bagshawe was not to
be callsriss a witness ?
Mr. Branson intimated that be was now conducting the
ease against Carr, and Mr. Bagshawe would nut be called
till the charge against Drury, in which he was personally
concerned, was called on.
Mr. Chambers then addressed the bench on behalf of
the prisoner Carr. who, he said, to in me extent stood on an
inequality with his accuser. He did not impute to the
bench say intention to do otherwise than right between
man and man ; but it was almost impossible fur gentlemen
in such a position to dismiss certain feelings which, it
allowed to influents them, would pit( vent an unbiassed
exercise of judgment. Be contended that the whole charge,
or nearly so, rested on the testimony of Mr. Raiford, who
I was not fully borne out, but rather contradicted, by the
only other witness that we. called. Mr. Wa rshaw. saw not
only all that was seen by Renton, but also the first commence-
MOW of the affair; and why was not Mr. Bagshawe called
as • witness? There must he sometoieg which Mr. Branson
wished to conceal, or he would have gives him an opp rtunity
of nose-examining Mr. Baashawe as to the whole transaction.
What were the facts of the case? Mr. Salford and Mr.
Bagshawe sea a man with a dog and a gun at a quarter of
I • male distance, and they immediately come to the conclu-
sion that he is sporting on Mr. Bagshawe's grounds.
Without any inquiry they rash Lrward, and overt. king
the man in a fis:d where be has a perfect right to be, accost
Um with "Give me your name!" "Why do you ask it ?"
the man replies ; and then they accuse him of sporting on
Mr. Bagshawe's land. The man tells them that he has not
been sporting on Mr. Bagshawe's land, bat that he has bet n
'booting blackbirds in Mr. Hovland's field. "No matter for
that, what is your name ?" The man, being thus roughly
asemted, naturally refuses to give his name. He says, "It
you want my name follow me." Now Mr. Raiford and Mr.
11.gsbewe knew very well when they made this demand
that they had no right to make it, because the min was
not trespassing. Yet they persisted in demanding his
*sm., and the man with great forbearance walked away.
Could anything be more proper conduct ? He walked away,
and even went round a house in order to avoid an alterca-
tion. Mr. Hillard dogge his footsteps, as though deter-
mined to fasten a quarreld on him. Tee conduct of Mr.
Belford was most improper, and ought to be reprobated
throughout the country in the strongest possible manner.
Mr. Gleans—But Mr. Raiford was under the impression
that he was right.
Mr. Chembers--No doubt he was; but that did sot
justify his conduct. A man had no right to go and take
possession of his neighbour's premises because be was under
the impression they belonged to hint. Carr, thinking that
Mr. H.lford wanted to apprehend him, used threats, and
tried every means to induce him to let him alone. Carr
would naturally think that the intention was to apprehend
bias, because Mr. Bagshawe and Mr. Belford were halloo
lug to each other, and there was every circumstance of •
regular putsuit.
Mr. Chambers then called for the defence William Can,
table• blade forger ; Jane Eaton, sister to Carr; Jervis
Baton, leer husband ; George Barker, publican ; and Mrs.
Barker, his wife. Their united evidence was to the effect
that Mr. Bsetshawa damensfed Carr's same, and charged
him with having been on his (Mr. Bsgskawe's) land shoot.
leg. Our said be had not. Mr. Belford subsequently
came up, seised Carr, and tried to prevent his going
forth' till he had given his name, and a sculls ensued,
all this taking plus before the witness Renton came up.
At no time did Carr strike, or att-mpt to strike with the gnu
barrel. Mr. Bagshawe tried to strike Can several UM..
but Drury went up and endeavoured to stop the disturbance.
Nearly all theta witnesses swore positively that they saw
Mr. Bartsbawc, 'evict; on to Can with his stick.
Mr. Hugh Hovland deposed that be had given Can
liberty to shoot over his lend.
Mr. Henry Ward stated that he occupied the two fields at
()legalese, and on Good Friday he directed Carr is dtsat
rooks on the
This closed the case for the defence.
The witness Renton was re-called by Mr. Overend, and
stated poeltivein that Mr. Bagshawe did not strike Can
with a stick. He had no stick to strike with.
Mr. Overend said ha was afraid some of the witnesses for
the defame had been committing perjury. Nothing woald
justify an assault with a gun barrel, • weapon which might
nave caused the meat serious and even fatal results. The
question was, whether Mr. Belford bad been assaulted with
the gun barrel. The statements on the other side were
full of discrepancies and improbabilities. It was • very
serious offence, and, with Mr. Greens's approbation, he
should indict • penalty of M.
Mr. Greens expressed his assent.
Mr. Onnad—Then the fins will be U., or is default of
paymest two months' imprisonment in the Derbyshire gaol.
After a shout consultation with Mr. Bsgshawe, Mr. Bros.
son stated that, in order to show that there was no vindic-
tive feeling, the case against Drury would not be pressed.
Drury was therefore set at liberty.
Mr. Overend—l should like to know, Mr. Bagshawe, for
my own satisfactim. whether you had • stick in your hand
whoa yea reached Can.
Mr. Bephawe replied that he had not. He dropped his
stick on the road ; and, not wishing to lose it, he west sad
picked it up after the affray was over.
Mr. Grum—Than what Woman of all the seldom@ fee
,the defames?
Mr. Ragshawo—lt is downrighterjary.
Mr. Groayss—l believe it is. The witnesses ought to be
indicted for perjure.
Mr. Chambers—lf that b!so, the mean they are indie'ird
eau hotter, and lot this matter be decided by ajury.o—Abridged
from the SetwOoki