The Express.
London, England, 1847-08-11 00:00:00

PROVINCIAL.

PENALTY UNDER THE TEN HOURS ACT.—Yeeter-
day Mr. Graham, sub-inspector of.factories, came before the
magistrates at Manchester to prefer a charge, under 10 Vie.
r. 29, roiled Mr. Robert Fairweather, Kenyon-street, of
having employed in his factory sir females for the week
ending on the 24th July more than 63 hours per week. The
amount of penalty to which Mr. Fairweather had rendered
himself liable was not less than It, and not more
than 31. in each ease.—Mr. Fairweather's brother, the
manager of the mill, appeared to answer the charge,
and admitted the offence, but pleaded it was committed in
ignorance of the law.—Mr. Graham explained that what Mr.
airweather meant was, that the machinery in the mill had
done running, but that in reality "employment in factories"
bad been defined by one of the older factories seta to include
denting the machinery.—Mr. Fairweather said, in answer
to a question, that his brother had carried on business 6 or 7
years.—Mr. Maude thought he could not well plead ignorance
then.—Mr. Maude said it MU well for Mr. Fairweather that
there were only six persons in the room ; for the lovreetpenalty
being 1/. in each case, it would bays amounted to a heavy
suns if the room had been full of hands when Mr. Graham
entered.—Mr. Graham said the room was full, but he bad
thought it sufficient, as a first offence, to take six cases.—Mr.
Maude: Then the penalty will be 61.
DUEL BETWEEN Two SAILORS.—A conflict of a
most sanguinary and voyage character took place on Sunday
evening last, near the Dingle, between two Neapolitan
sailors. From some inquiries made in the neighbourhood we
have been enabled to gather the following particulars
About five o'clock In the evening six men, in the garb of
sailors, were obierved standing in the road which leads
towards the Dingle ; they appeared perfectly sober, and on
good terms, and nothing took place to indicate that any-
thing of a hostile nature was intended. In a abort time,
however, a person who was purring saw the six men in a
hollow, or excavation, a short distance from the road, and
on' going up ascertained that they were just terminating
a duel, which bad been fought between two of them.
The combatants were then engaged with large clasp
knives, and the other four appeared to be acting as
seconds. The contest must have been a most desperate
one, as the men were almost covered with blood, having
received several wounds about the head and face, and
other parts of the body. We ucilt•rstt.al that no pto.ice
officer was at hand, and that all the parties retired int-

mediately after the occurrence. One of the duellists, it
appears, was taken to the Southern Hospital, where he now
lies in a dangerous state, although not considered beyond the
reach of recovery. He has one or two wounds on the head,
and one of his arms, near the elbow, is almost cut to
pieces, so much so that amputation of the limb will be
necessary. His opponent made hie way down to the
vessel to which he belonged, at the Prince's Dock, and
his condition being ascertained, be was sent in a car
to the Northern Hospital. He has a wound on the side
of the head, tannin g in an oblique direction under the
chin, about seven or eight inches in length ; it le of em-
siderable depth, and the head is partially severed from the
body; the jugular vein has, however, escaped with only
a slight scratch. He has other injuries on the neck and
arms, and when brought to the hospital presented a
frightful spectacle; his recovery is considered doubtful.
The two men, whose names we have not been able to
ascertain, are sailors, and belong to the ship Regina
Cteli ; it is supposed they had quarrelled on board ship,
and had, after the custom of their own country, resorted to
this method of settling their disputa. Neither of them can
speak a word of English. The knives used on the occasion
were sailors' clasp knives, but unlike those in use by our
English seamen, having long blades, and pointed. The
police are on the alert to discover the men who acted as
seconds on the occasion, so that some light may be thrown
on the affair, and the guilty parties brought to justice.
YORKSHIRE.
CHARTER OF ,INCORPORATION FOR WAKEFIELD.—
The following appears in the Louden Gazette or last evening:
" The inhabitant householders of the borough of Wakefield,
in the West Riding of the county of York, having presented
a petition to her Majesty in council praying that a charter
of incorporation may be granted to the said borough, her
Mejesty wsa this day pleased to order, and it is hereby
ordered, that the said petition be taken into consideration by
a committee of the Lords of her Majesty's most honourable
Privy Council, on Saturday, the 28th day of August next.".
WORCESTERSHIRE.
THE ACCIDENT ON THE BIRMINGHAM AND BRIS-
TOL RAILWAY. —On Monday as inquest on the body
of Warburton, the unfortunate engine-driver who was killed
on Friday night, commenced at Kingsnorton. Mr.
Sanders, of the Midland Railway, was in attendance to
watch the proceedings. The first witness examined was
Thomas Fletcher, who stated that he resided at 13u1saie-
heath, and was a fireman in the employ of the Midland Rail-
way Company. He knew the deceased well, and he was an
engine-driver. Deceased left Gloucester on Friday evening
last with the mail train for Birmingham. There was only
one engine with the train. No accident or break-down
occurred until the train arrived near the lodge at
Kingsnenton. The train was proceeding at the rate of 36
miles an hour. On its arrival at the above place witness
felt the engine roll, and the deceased made some observa-
tion is to their position, when instantly both engine and
tender fell to the ground. Ile (witness) held by the bottom
part of the spring balances, but the shock did not compel
him to lose his hold, and he became wedged in between
some poetical, of the engine, so as to be unable for some
time to extricate himself. When he had recovered a
little be called out for the driver, but received no
reply, whereupon he jumped upon the engine and
tried to find the regulator, but could not succeed.
lie then attempted to put the fire out, but could not find
any of hie tools. Messengers were then sent up and down
the line to prevent luggage or any other trains from pro-
ceeding either way. After some time the fire was put out,
and then witness took a lamp from a guard (named Har-
vey) and commenced a search for Warburton. He was die
covered in a few minutes quite dead. About 40 yards from
where the engine lay witness found either one of the chairs
had been broken, or one of the keys had come out.
He was inclined to think the chair was broken. It was the
outside part of the chair which was broken. The metals he
believed were straight over. He was quite sure the engine
ran off the line at the broken chair. There were he thought
four carriages and the van, and all but one were thrown off'
the rails. He did not see deceased after he was found, but
he heard that he was dead. Witness escaped with a few
severe bruises on his back, knees, and hands.—By a
juror : It was one of Long ridge's engines. She was
a six-wheel engine. He thought she was too
heavy for the train she took. He did not attri-
bute the accident to any fault in the engine. She has
been running for some time. Witness passed the manse spit
going towards Gloucester about five o'clock, but no impedi-
ment was observable. He did not see any plate-layers at
work near the spot. Had been a stoker for about twelve
months. Knew nothing of engineering until be came to
work on the line. Did not know whether the axles were
broken or not. Before he (witness) became a stoker he had
been three years at sea. Was now nearly nineteen yearn of
age, and was in receipt of 3.. 9d. per day from the
railway company. The drivers had not watches or time
pieces with them. Before he was placed on the engine as
stoker he was employed about eight months in the engine
shed. In case the engine-driver should be thrown off the
engine, or anything happen to him, he (witness) had suf-
ficient knowledge how to manage the engine and take the
place of the driver, [The jury here expressed a desire to see
the spot where the accident occurred, and have some expla-
nation given them, as the witness who had just given evi.
dence could not give the information required. The
coroner immediately assented, and the jury proceeded
to the spot.] On their return, Mr. Matthew Kirtley
said that he resided at Derby, and was the lo-
comotive superintendent to the Midland Railway Com-
pany. He knew the engine which was driven by the
deceased at the time of his death ; it is No. 37, and was
built by Longridge and Co. It is a six-wheel engine, with
two outside cylinders. The height of the driving wheel is five
feet six inches. The engine weighed 21 tons when in work-
ing trim. It had been in use four months only frees the
time it was sent out from the maker's. It was his duty
to inspect and examine the company's engines before
they were put on the line. He inspected the en-
gine in question, and was perfectly satisfied with
her, and had no reason to object in any respect. He
had never received any complaint respecting the engine
from those parties whose duty it was to report to him.
Shortly after the accident on Friday night he proceeded to
the spot and found the engine on her broad side on the up
line. The connecting rods, the gearing, the wheels and
axles, were uninjured, and the gauge of the wheels correct.
Relative to the cause of the accident he could not account
for it except by looking at the whole of the circum-
stances. The speed was no doubt excessive, the oscillation
while running round a curve must have been great and the I
road too light for that class of engines. All those circum-
stances combined might have caused the accident. The
sleeper which was on the line at the time of the accident
was certainly not a very good one. He did think, taking
the road as it is constructed, a light train ought not
to travel taster than thirty-five miles an hour. lie
was of opinion that the engine in question was
too heavy for passenger trains, and under that impression
he intended to cause the Ne. 37 engine to erase running pas-
senger trains and convey heavy goods only. The driver re-
ceiver 76. a day wages.—The next witness examined was Mr.
\V. Barton, the resident engineer, who add that he, some time
since, recommended that new and heavier rails be laid down.
The inquiry was then adjourned until Wednesday, to enable
this witness to produce his letter to the company.

gbe anut.
ASTLET'S AMPIIITHEATILL—On Monday night a
new piece was produced at this establishment. lb title is
"The Prince of Cyrus ; or, the Horse of the Elements."
The Prince and the Horse are of course the heroes, and to
work out the plot the Horse of Me Elements literally
goes through fire and water to arrive at the cl.'nouement. In
one act a very brilliant series of fireworks is displayed. The
second act is chiefly devoted to the element of water,
which is vehemently agitated to imitate a !storm in
which a barque is loft, with a successful simulation of
all the horrors of shipwreck. The scenery throughout the
piece is very gorgeous, and the mechanical coatrivanees
unusually ingenious. The drama is interspersed with those
lime and deadly combats, hand to hand, which appear so
necessary to the entertainment of tranepontine audiences
that they are never omitted. A few devils also appeared, by
long usage, to do the magical business of the piece.
The acting made a more than ordinary impression on
the house. Mr. Barry, the comedian, as the squire of
the hero, gave very general satisfaction, which was ex-
pressed in laughter sad applause, both frequent and von-
SISSOIN4 To the mock vicissitudes, premeditated chances,
and verileaftil escapes planned beforehand, unfortunately
was ANA a real accident. Miss Henry, who acted the part
of the Primers, dislocated her uncle at the close of the first
act, by a false step in descending from her horse, and her
part had to be assigned to another actress. The feats in the
circle were exceedingly attractive.