The Press.
London, England, 1858-08-21 00:00:00

THE PRESS, AUGUST 21, 1858.

the sword was to turn the sword downwards. I was
not then conscious that the sword had touched his
body. There was a mark on the sword, which I
showed to Captain Miller two or three minutes after
the affray, saying, "There is the place which the
fellow must have hit when he struck at my sword-
stick." That was the first time I ever had the
swordstick out of doors in my life. I purchased it in
the month of March last. I then bad the charge of
the Siamese Embassy in London, and I bought the
swordstick, thinking at that time that I should be
going out to Siam with the Embassy. We afterwards
met a cart, and 1 sung out to the man driving it,
" There is a drunken fellow lying on the side of the
road there ; don't you drive over him."
Mr. Sergeant BALLANTINE : When did you first
learn that a man bad been found dead in the road ?
Witness: About two o'clock on Sunday afternoon
when I read the account in the Observer. I then
went to Sir Richard Mayne and told him what I
knew about the matter, and this I did without com-
municating with any one. I saw Sir Richard about
four o'clock on the Sunday afternoon. I had com-
pany at my house (continued the witness, in answer
to Sergeant Ballantine) during the whole of last
week. On the Tuesday we had a ball ; I went to
the theatre on Wednesday night; we had a picnio
party to Richmond•park on the Thursday, and a
dinner party on the Friday. I swear I did not strike
the man. I mean by that that I made no thrust or
blow at him. I have been in active service in the
navy, and have bad the command of two ships. I
commanded the Pluto on the coast of Africa, and
the Caradoc in the Mediterranean. I took Lord
Lyons to Sebastopol on the day on which it was given
up, and I brought Sir William Codrington home. I
had a glass of whisky.and•water between ten and
eleven at the Pack Horse, Turnham•green, and
Captain Miller had a glass of beer during our walk.
We only had it for the sake of asking our way. With
the exception of two glasses of sherry at dinner
before coming out, that was all the drink that I had
had that evening.

Other witnesses were then called, who deposed to
the fact of the deceased being intoxicated.
Mr. L kNOHAM, the surgeon, said he had heard the
statement made by Lieutenant Clavering, and the
wound was consistent with the evidence given by
that gentleman.

The CORONER summed up in the usual way ; and
the jury, after being absent about two hours, returned
the following verdict :--

We, the jurors, consider that the death of John Gates
was caused by a wound in the chest, which penetrated to
his lungs and heart; but whether the said wound was
inflicted wilfully, or was caused accidentally, there is not
before the jurors sufficient evidence to prove.
The CORONER said he was bound to say that, had
he been a juryman in this case, he would have
returned a verdict of that kind, or some closely
ana'ogous to it. The circumstances of the case were
involved in great doubt and difficulty ; but this was
a very severe verdict, because, in point of fact, it
showed that Lieutenant Clavering's description of the
manner in which the wound was inflicted was not
credited.

The FOREMAN said they had given him the benefit
of their doubt in that respect.

The CORONER said he did not think the jury could
have done otherwise. At the same time he must
remark that none of the particulars of the case would
have been known if these gentlemen had not come
forward as witnesses. Notwithstanding, it appeared
that the jury did not give credence to their state-
ments.

The FOREMAN said there were some statements
made in the evidence which they found it impos-
sible to reconcile.

The CORONER said he had no doubt the jury had
acted conscientiously.
Mr. GIFFARD (the barrister) said Lieutenant
Clavering and Captain Miller were in attendance.

The CORONER ordered their recognizances to be
discharged, and said they might leave the court.
The proceedings then terminated.

SIR FREDERICK CURRIE, Sir Henry Rawlinson, and
General Sir R. Vivian, have accepted seats in the
new Indian Council. General Vivian may be considered
to represent the Madras presidency and army, neither
of which had any representative in that part of the
Council elected by the late Directors, or among those
hitherto nominated by the Government. He was no-
minated a Director of the East India Company under
the Act of 1833, and commanded the Turkish Con-
tingent in the Russian war. He was for several
years Adjutant-General of the Madras army.—Mr.
John Stuart Mill, to whom Lord Stanley offered a
seat in the Gouncil, has declined to serve on account
of failing health. A seat has also been offered to
Mr. J. P. Willoughby, M.P., but he has not yet so.
cepted it.