The Express.
London, England, 1849-04-09 00:00:00

ASSIZE DrI'ELLIGBNCE

WESTERN CIRCUIT.—TsurrroN, Aram 7.
Mat Puts.—Before Mr. Jorthis William and • EM•eisl Jury.
DESTRUCTION OF WORKS AT A MINI AND

ACTION AGAINST A
BANWILL AND °Man IA INHAD/TANTS OT Tun
HD-MUM or WINITUDITOILIA—In this very Interesting
cam the proprietors of the llindip Mlnhng.Compaf soneht
to recover a compensation in damages item the Itoadued in
which their works see shoaled, for the isbity done to their
weeks by a body of poem unknown, role it wen elk*
annelessuely sal rMesaely assembled isgether sad Mimi-
onsly pulled
de, usedown sad annoyed a melds emotion et the
plea used
by Ibsen in esedealis their lendnees."
mares were Lid at 6001.—The il~erepisalled, fret, bet
the erettion was not feloniously pulled denim alandly. *het
the erection wee net an ean, need be SD the
plaintiffs' hams ; thirdly, bet the douse did exhamt
101.

Footle plaintiff' appeared Mr. Coekburn, Mr. Montague
Smith, and Mr. Piston. For the defendants, Mr. Crowder,
Mr. Beddow, and Mr. Pridrau Mr. Herepoth, the well-
known analytical Amid of Bristol assisted the solicitor for
the defendant.
Mr. Ciodbarn mid the present ethics was brought under
the ad 7 and 8 Oro. IV. cap. 31. The ptherliag act (sap.
1111=it thth say persons risithaely sod- tantulthously
sad
yepulling down or demolishing any steam
the ers;liter for sinking, draining, or working any
mhos, er any buildings or omen= used in eenducting the
businem of soak mine, shall be deemed puilty of felony, and
the 31st cep. rendered the hundred liable for the damage.
He should show them that forty or fifty persons riotously and
tumultuously assembled together at sight with guns and
Ine.srms, end dentoliehed a emondsvable portion of the water
troughs belonging to the Mendip Mining Company, and if
Improved that the &had= would have to make compel-
anon for the damag• in aaoeiaais with the Watery law
which made all the uthalitsids of a MOM interested in the
preservation of the pulls peals.
Francis Cann Harper erenthood—l sat the agent of the
Mendip Missing Company, sad set as apes of their mines.
I have been engaged ore anther ethos I nint nine years of age.
The company have a lead mine solbod the MmHg Rill Mine.
They have worked it rather mess Sea three pun. They
have four shafts there. Troughs had been nested to convey
water to the mine for the wpm damsels, the ores. The
water is taken up about mils sad st MK has the mine, at •
place celled Colee's Farm, bossed liiimegh a wood called
Lang Wood, and continued to Velvet Valley, when it ends.
It is nearly a mile and a half long. The lead in the mine is
mixed chiefly with Use rock. It has, when "brought to
grass," to be dressed with this water. In some places the
wisest are supported at a omosiderable height above the
grand by wooden legs. We had bees working at the mine,
and &co at what is relied the " slag." The mine was en old
mine, and there was • large quantity of slag lying near the
mine. The else °mastoid a good deal of lead and was
treated as the load ore. On the night of the 9th of
June the trourha were injured, sod the repair of shaml
cost between 601. end 701. In consequence of something
that occurred, I set Joseph Cole to watch the troughs on the
night of the 23rd of June. About one o'elook I was awoke
by Cole. I heard the report of firearms. I was afraid, and
therefore did not go to the spot at that moment; but the
next morning I went to the troughs, and found that they
had been broken down, even to a greater extort than before.
They were broken to plena in every direction for more than
a mile, and the east of reparation is 1401. We have made
every endeavour to discover the perpetrators of the mischief,
but have not succeeded.
. .

Crosoexamined—The slag bed was taken about twelve
months altar the mine was taken. The mine was taken of
Dr. Bummers, the slag bed of Lord Clifton. The troughs
and washing pkees were applied both to the produce of the
mine and of the slag bed. We have washed between eight
and nine tool cf ore there. We do not °onside the
business of the mice complete till the ore is wetted.
We have not abandoned the mine and worked only
at the slag ; we have worked at both together; we were
working in the mine when the troughs were broken be-
fore we took the water; I do not know whether or not it
went down for the use of the Cheddar people. I don't know
where it goes now. It is absorbed in the earth directly be-
hind our works. I certainly have heard complaints that we
had pekoned the water. A meting was held at Cheddar,
at which the Rev. W. Beadonpresided, and throe of the
directors of the mine attended. There was a complaint made
then that we had poisoned the water. The directors said
ahoy would have ft attended to. I beard something said
-about the works being stepped unless it was altered. There
were hundreds of people at the meeting. I cannot say
whether it was stated that them were upwards of 100 persons
dependent upon that stream for water for domertio purposes,
but something to that effect passed. I heard also that there
was a good deal of illness amnngst the cottages, attributed to
the foulness of the water. TAO water goes into the earth,
and Cheddar is three or four miles away.
Mr. Crawder—Goes into the earth, but it may come up
arida ? Witaess—That I don't know. I am not aware
that it was well known that it was the Cheddar people who
broke the troughs. The directors did not say that if the
Cheddar people came again they would meet them by force.
I do not know that any steps were taken to analyse the
water. I know there is carbonate of lead in the slag.
Re-examined—We offered a reward of 20f. for the dis-
covery of the offenders, and have used efforts to find them
out, but without avail. As far as my experience u a miner
has gene, it is absolutely necessary to wash the ore before
sending it away. If sent away undressed, the expense of
carriage would make the ore valueless.
Joseph Cole examined—l was in the employ e the Kos-
ilia Company on the night of the 23rd of June, when Item
set to watch the troughs. I watched till half-peat 11, when
I peteeived the water abate and the troughs shaking. I
went up through the wood to the heed of the troughs, and
within half a mile ofthem I found a large gang of men smash-
ing the troughs ia every direction. I stepped into the bushes
to watch them go past. There were 40 or 60 of them. I
celled out to know what they were doing, end desired them
to go away. They then discharged four or five gene, and
gave several cheers, continuing to smash the troughs to
plea's. I called out for assistance, as though I had others to
back me, and they fired again. I suppose they fired twelve
guns that time. They called out to me to oome on, if there
were 50 of us.
Mr. Phfun—Awl did you " go on ?"
Wituese—Not towards them, sir. (Much lanchter.)
Kr.Pains—Yon went off—like one of their guns, I
believe t
Witness—l certainly wasn't very ready to go amidst them.
(Laughter.) The witness added that he could not digits-
gat& any of the parties.
Other evident, was called to rapport the allegation that
the erection was necessary for the carrying on of the plaintiff's
Desloge&
Mr. Crowder for the defence celled on the jury tome that
the cue was w clearly made out as they would require it to
he if they_wer. trying the actual offenders upon a charge of
Many. He remarked upon** unusual character of the se
Non, and contended at some 1 ngth that the creetionwts net
an erection necessary to the carrying on of the plaintiff's
business, and that it had not been demolished feloni-
ously, but in the =ends' of a right on the part of
the much grieved people of Cheddar whose water had
been plimid by the pLiatfb. The learned counsel said if
he had been thus aggrieved, he would have taken a hatchet
himself, and ant down these tress in midday because he
knew the law would justify him in doing se. In any sane
where a mimeo wee oommitted, end a parson was iajtwed,
that person seed& p and abase the nufsanee. He weld do
mare—be wield, upon the lend of the offloading party—if
a met made a ditch on hie Lad, and abated the water of a
mill, the valor meld go and seep it up : that was the law ma
laid dews in " Abridgment."
The learned judge left two imam to the jury—was the
unties socumty t ins it desfto fekaionelv t Verdict
for the plaintiff of both Imes; damages, 1401.; with leave
to defendant to move on the point of law as to the erection.

NORTH WALES CIRCUIT.—CRIMPER, APRIL 7.
CUMIN Corer.—Belor• Mr. Jostle Erie.
CRAROB OF CHILD MULDER.
Bridge! Stanton, 26, was charged with the wilful murder
of Thomas Stanton, and pleaded not guilty.
Mr. Trafford and Mr. Brandt prosecuted. The former
stated the case to the effect that the prisoner, who is the wile
of a match seller, come to lodge at North.rode, tear Maccles-
field, in October last. In the middle of N remises- last, her
husband joined her and they continued lodgmg there till
Sunday, the 17th December, the day of the aaeged murder,
hiving with tbelathe deceased child, Thomas Stanton, which
she smiled. Oa the morning of that day, the husband
Mug >h bid, he and the prisoner quarrelled because
she had not washed lib shirt on, the Saturday night.
They eabeequeatly quarrelled at dinner time, when the
husband hit her a tap on the side of the head, she
having the child in her areas. She fetched the constable,
and told him her husband had beaten the child, and knocked
two teeth but, sad had btt it a blow on the ; and she
showed him the Mild. The constable sent her and the child
to Macclesfield workhouse ; and when on her way there she
was seen by several parties, and the child appeared to be
quite well. The last pleat she called at no child was seen,
but she had something under her cloak that appeared like a
bundle. She arrived at the police station, Macclesfield, about
Isar o'clock, and produced the child, which was dead, and
she stated that her husband had killed it by abusing it and
knocking its head, and its teeth out. The husband was ap-
prehended on he statement, and a surgeon made a post
*oriels examination, and he found some severe bruised on
the aide of the bead, a mark Oi the cheek, and a rumba on
the lbilth- The surgeon was of opinion that the blows on
the side piths head were the MUM of death. The examina-
tion on the inquest resulted in the discharge of the husband
and the *mantel of the prisoner.
Several witnesses were called to prove the occurrences at
North-rode, and on the way to ,wl-nflaid. One of the
witnessee said that when at the lodfthouse the child had
tem tenth knocked out, and looked y and delicate, and
that prisoner said her husband had done it, and that
she yould send her husband where he wra before, for her
woald ddb. Cox, the constable, in his evidence; add

'hat when the prisoner fetched him, she said har htudtend
had abused her sad the child, and that the latter would die
Weretight: Mr. Williamson, Macelmileld, come-We,
premed that the primmer brought her dead child to the police-
ease ; and she mid her husband had inflicted the inks.
rim on the child in bed that morning, and that the child
had died when she had got some &team on the way from
North.ede. Mr. Newb-,ld, surgeon, stated that be ex-
, axing the ehild, and found bruises on the fore-
head. Met temple, left &reek, and left title it had oat
about fight meth, and the two lower Suerl:a 'ASA 'fur
mining, bevies been violently cattrackd ; • quantity of ex*
triturated blood lees found on the brain, and on the bus of
the skull. The braises on the head were the came of death.
Five or de boars might beve elapsed between the blow and
death.

The learned Judge went minutely through the evidence,
and laid that if the clause of death admitted of rearmable
doubt, then in a merlons ease rtka this their verdict must be
on the side of mercy. In this case the mass of death was
involved in great mystery, and there was no direct testimony
implicating the prisoner or even, whether, supposing she in-
itiated the injuries, that they had been inflicted waxily ;
but there was soma evidence that those injuries had been in-
flicted before she left North-rode. It was an extremely im-
probable motive to assign that the prisoner did this act in
order to charge it ea her husband and get him sent to gaol.
—Verdict, Not Gwitty.