The Express.
London, England, 1853-08-02 00:00:00

STATE OF THE PUBLIC HEALTH.

107,861 deaths were registered in the three months of
April, May, and June. This number is the highest that
has ever been registered belle in the corresponding season,
and exceeds by 7,018 the deaths in the spring quarter of
18.52. The rate of mortality in England is highest in the
winter (2.467 per cent.), lowest in the sumixer quarter
(2.129 per cent.), while the mortality of the spring quarter
(2.23) holds an intermediate rank. near the average of the
year. This average is exceeded by tke present return,
which shows a mortality at the rate of 2.3a3 per cent. per
annum, higher than the rate in the corresponding quarter
of every year, 1843-52, except the spring quarter of 1847,
when the population ,pas infested by scurvy and its
attendant diseases ofter the great failure of the potato crop
in 1816. The rate of mortality we, then 2 506; in the
autumn influenza broke out, and cholera followed on its
footsteps in 1848 and 1810.
The mortality of the quarter was above the average both
in the town and in the country districts ; the annual rate
of mortality was 2.606 in 117 dirtricte, comprising the chief
towns, and 2-19 G per cent. in 508 districts, extending over
the rest of the kingdom.
The population of England is, there is reason to believe,
collectively healthier than any equal amount of population
in any oilier kingdom ; but the rapid increase in the pro-
portion of the town population,—in which the mortality is
27 per cent. higher than it is in the country, and the sick-
ness, the suffering, the debility, the physical degeneracy of
race are in an equal excess,—makes this question of the
health of towns and the fertilisation of the surrounding
fields one of the great questions of the day demanding
immediate solution. It is difficult for the imagination to
c.inceive all the beneficent effects that would flow from the
possible diminution of the mortality which the subjoined
figures express in town and in country throughout the
changing seasons of the year:

Average annual number of

Lives de-
: atroyed by
the matters
which are
reiwine in
rtna houses,
and
•lreallP, but
are fertitio-
.ng matures
tiealn.

Deaths to

Deaths to

10,utru per.
SOLD
:was.

every
10,000 per
eons living

In *be month. of
January February, 'Much
April, May, June
July, August, September
October, November, Dicembet
The year

in the
counury.

In London the mortality has considerably exceeded the
average, and it is chiefly due to diseases of the respiratory
organs, typhus, hooping cough, diarrhoea, and violence of
various kinds. Twelve deaths were referred to privation,
25 to poison, 68 to burns and scalds, SG to hang;ng and
suffocation, VI to drowning, 171 to mechanical injuries of
various kinds, 33 to wounds ; and in nearly all these cases
' the numbers exceed those returned in previous years. The
violent deaths, including a few from intemperauce, want of
breast-milk, and privation, in London, increased from 1,206
in 1840 to 2,140 in 1852 ; and in the last quarter the excess
in deaths from violence alone over the deaths of 1852 was
131. The increase of steam-vessels, railways, omnibuses,
and new mechanical forces of every kind, as well as the
obstructions of the streets, may partly acceuet for this loss
of life, as well as for the numerous injuries and mutilations
not fatal, in the battle of every day.
The mortality in the South Eastern Counties has been
above the average, and the greatest caress has occurred in
Gedstone, Croydon, Bromley, Dover, Eastbourne, Lewes,
the Isle of Wight, Alverstoke. Woking has been unusally
healthy. Scarlatina has been rife in Smileaks, Maidstone,
and other district'.
In the South Midland Counties Wisbeach continues to
experience a high rate of mortality; the deaths in. three
months, cut of a population of 36,215, were 274. In Cam-
bridge, on the other hand, the deaths out of a population of
27,815 were only 110. Hooping-cough and bronchitis pre-
vailed at Wisheach ; while in Cambridge the Registrar re-
ports, that " great improvements have been made by the
local authorities in the sanitary arrangements; they have
been assisted very materially by the reports and suggestions
of the medical profession."
Romford, Tendring, Colchester, Witham, and Saffron
Walden in Essex; Sudbury, Thineoc, and Stow in Suffolk,
experienced a high rate of mortality. Typhus has Ina n
fatal to many persons in nigh Easter, Dunmew ; in Down-
ham, Norfalk, ague and lever have prevailed; in Norwich
the mortality bas not exceeded, and in the whole county
has been below the average.
In the south-western counties the general mortality has
slightly exceeded the average. The typhus in Lougbridge
Deverill broke out a second time, and the deaths in the
sub-district equal the birth.. In one house the man, et ifs,
and six children were all attacked, and one child, nine
years of age, d ed. At Exmouth fever has prevailed. In
Wharton, Heavitree, small-pox is raging ; several children
are suffering, and two have died; "still the people refuse
cow-pox." In Barnstaple typhus and small-pox have pre-
vailed ; the deaths helve exceeded the births. The emigra-
tion from Redruth has been extensive, and the births have
consequently decreased; in another district of Cornwall,
Lerriu, the registrar says: "The births and deaths ore
much below the average. Numbers are yearly leaving this
l district for other putts of this country, or for America and
Australia, which is the only explanation 1 can give of the
decrease."
Measles has been very fatal in Truro. In Freres the
deaths from pulmonary diseases are much above the ave-
rage; the same diseases have prevailed in Batts,
In the West Midland Counties the mortrd.Sty is somewhat
above tee average ; small-pox prevails in Gloucestershire ;
Bristol, Gloucester, anti Stroud have nrilected vaccination ;
i carbuncles, boils, and purulent eruptions have bern very
prevalent in Stow-on-the-Wold as well as in London. This
Lot
medicalet o bytifneeo. lioanl l. theA abattde ifitoiromn
el twhichens iilt edeserves epidemic
from has
tt
of scarlatina has pro-,ailed in Staffordshire, "the cause of
which," the Registrar of Bilston conceives, " is insufficient
drainage, cesspools stagnating, and filth of the slat offen-

tive Character aegimulated in the yards ind Is of the
poor, wise have been the victims of the few r." The elects
of births in West Bromwich and Westbaryor-Severa is
sou-Meal to the inerewe of firpulation c &used by employ.
meat en railways. The prosperous state of treoe snit the
imptoved circumstances of the people are al-o metitioned iu
connexion with a low rat, of io,rt ilitj.
The deaths in Lincolnshire b.ee to.: a bet iw, in S itting-
hamEhire and Derbyshire above the g, The registrar
of Leaks in Leicestershire says: 't ScvEral deaths have oc-
curred during the quarter from scarlatina and from small-
bex. The latter diecase has been very prevalent in a 'ilium
longing to my district. The ignorance and wilful stu-
pidity which mist amongst a certain class of people are
astonishing; nether threats nor Entreaties can induce them
to hues thi ir children vaceitteted. A pitug women, rte
her confinement, and the mother of two other children,
who refused to be vaccinated herself or have ter
vaccinated, was seined with small pox. On Jane 1201
attended her; the discos* was coulluent; she became a
most loathsome til.j.ct, and in this state gave birth to a girl
on thc 15th, and died on the 18th. The infant took the
, and has slam died. I have vaccinated • large
number of children and a few adults, but the
same prejudice still artists with others, and this frightful
disease is yet progressing. lam firmly convinced that if
every child wis properly vaccinated under the age al 12
swaths there would be no cases of smallpox, or,it would be
so modill .d as to require little notice. I am of opinion
that the disease would in the end be extirpated."
Cheshire and Laucashire have not been more than usually
unhealthy. 2.749 maths were registered out of a lapels.
lion of 411,515 in Liverpool and West Derby; 2,361 in
Manchester and Salford out set 315,916. The morte ity in
these diamicts was below the average to which they are
subject. This district, says the Registrar of Hahne,
Chlorites. never was in a mire healthy state." No kind
of epidemic /details. .• The operative clames are an well •
employed, and althourth the prices of various kinds of pro-
vision, are on the advance, there appear, a general &peel- ,
lion to it.crease wages in proses:ion.'
In Yorkshire 11,412 deaths were registered. The mor-
tality **waded the average, and most notably in Skipton,
litighley, Huddersfield, Halifax, Bradford, Sheffield,
Roth. Maus, Doncaster, Thome, and Duffield. In Leeds
sod Hull the mortality declined. One death fr-m Melees
was registered iu the workhouse. Horton, Bradford. In,
Murcia p led in Leyburn, scarlatina in Reath.
In the northern counties 5,621 deaths were registered.
Ague, typhus, awl huoping-cough have prevailed in many
of the Durham c Misty districts; 23 persons died of measles
is Yarn., Stockton.
. . .

Law fattlligeart.

HOUSE OF LORDS.-YEirERDM
Euticrom r. Ent Bitowxilw.—THE EA It L UP
B I Ittl FATAT Ei.

In tnit cue, the object of which was to hive it dio.'ated
rho was the person entitled to certain estates the
will of the late Ii al of Bridgewatsr, and which were left
to the Ist* Lord A:ford, provided in his lifetime he obtained
the, of llu:a or Marquis of Bridgewater, cirtain
question, were submitted to the judges of the common law
outdo at the conclusion of the arguments on the 30th of
June last.

This morning was appointed f r the delivery of the opi-
nions by the judges. Accordingly. the Lord Chief Baron
and Mr. Justice Williams attended. It was understood that
the ',awned judges differed in their opitdona, and that the
Chief Baron and Mr. Justice Williams were deputed to
state the opinions on each side.

A long consultation ensued among the noble end learned
lords present, which ended by
Lcrd Ilr4ughein's moving that the further consideration
of the cue be postponed till this day fortnight.
Lord Truro having concurred,
The Lord Chant, llor said that the reason that this course
was pr••posed on the prtunt occasion was, that it was the
custom when all the judges agreed in their opinions to
allow those opinions to be delivered byoneaf their lordships,
but whtn they differed it was usual for all the judges to
deliver their opiniocs seriatim." In the present ease a
difhculte had occurred in consequence of the departure of
the judges for their circuits immediately after the close of
the arguments, and it was feared they would not be able to
attentt their lordships before the close of the session. It ap-
peared that they were divided in opinion, and it was pro-
posod that one judge should deliver the opiuion of each
clue of their brethren. This, however, was a case of so
much importance, and as there was no reason to believe that
the session would close before this day fortnight, be
thought it was most advisabl • that the further consider►tion
of the case be postponed till this day fortnight, when their
lordships would have the advantage of bearing the reasons
fir their opinions from all the learned judges, who would
by that time have returned from circuit.
After some further discussion the motion was agreed to,
and the further consideration of the case postponed till

Moudq, the lrith Ausuit.

EQUITY COURTS.-YESTERDAY.
Savona me Slurs. c ?Hi Roux.

The death in the Welch division (7,288) exceed the
average ; boo ping cough prevailed in Newport, Sw►nsea,
mid li►terlordwest; •mall-pox and bronchitis in Cardiff
and Carmarthen. The exerts of births and deaths in

TRI ATTORNEY-MINIMAL V. TIME E•IL 01' MACCLES-
TIZLD ♦ND TDB MAATIN AND BRETHDAN 02 EWALD'S
ALWANUIW.-JODOXILNT.

Mienlol, ANeristwith, is referred to the great increase of
the mining piyolation. Stn.ll-poz, scarlatina, and typhus
still prevail in the Wrexham district. " it.e board of gum-
dians are caueing proceedings to be taken adainst the owners
and occupiers of houses. as directed by the Nuisances Re-
moval and Diamees Preventiun Act, and in all cases
where they bass suninsuned have succeeded in getting CILI-
Tktiwas."

His Honour delivered judtrment in this case, which he
said came on in original and supplementary information
filed by the Attorney-General against the master and poor
brethren of Ewelme Houses in the county of Oxford, and
against the Earl of Macclesfield and the Regius Professor
of Medicine in the tiniversit7 of Oxford, who claimed to be
master of the hospital. roe information prayed that
proper directions might be given to regulate the charity ;
that the system of letting the property by fines should be
discontinued ; and for an inquiry whether steps ought to be
taken for the purpose of setting aside existing leases. The
question which hid been argued before him related exclu-
sively to the right of presentation to which there were three
claimants—the Crown, thei.l i verti ty of Oxford, and the Earl
of Macclesfield as Lord of the Manor of Ewelme, and the
rights of the crown were waived in favour of the university.
Ile should make a declaration that the right of
presentation was in the university, and there must be a de-
cree for a scheme according to the minutes stated by coun-
sel at the time the cause was heard.

IREL IND.

Dlmux. Aro. 1.

It is understood that Mr. F. B. Btamish will be
the liberal candidate for the vacancy created in the
representation of Cork city by the expected appoint-
ment of Mr. Commissioner Murphy. If Mr. Beam-
jib stand, his return may be looked upon as certain,
his past services and well-merited popularity giving
bim a strong claim upon his fellow•cttizens. Colonel
Chatterton, the tory candidate, promises, however,
to stand the brunt of the battle, and a severe contest
may be expected. The colonel has addressed the
electors, but no indication of Mr. Bearnish's inten-
tion has yet been made public.
Under the influence of the inclement weather on
Saturday the number of visitors at the Great Exhi-
bition sunk so low as 4,122, being less than one-half
the average attendance on other days.
The 11 estern &or ,says :—" During the last few
days several reports of the appearance of the Wight
have been circulated in Banagher, but in no instance
is it of any importance, only that the leaves appear
a little withered in one or two gardens in the neigh-
bourhood."

Mr. Itoupeli, who appeared for the information, asked
what order the court made as to costa ?

His Honour laid of course he should not give the earl
his costs incurred in resisting the information. The ques-
tion was, whether he could make him pay. The bid, as
regarded Mr. Napier, was dismissed.
THR ATTORNIT-GINRIUL V. Sr. CROSS HOSPIT.I.L.—.-
JUDOMiNT AGAINST TYR EARL or OVILDFORD.

His Honour, in delivering judgment in this case, said the
object of the information was to obtain a decree for the re-
gulation and future management of two charities—the one
the Hospital of St. Cross at Winchester, and the other the
Almshouse of Noble Poverty, which had been practically
united since the institutien of the latter, and fur
the application of the funds belonging respectively
to such charities. It was in his opinion incumbent
on this court to settle • scheme fur the future administra-
tion of this charity ; but even if he concurred in the ar-
gument and considered the alcohouse el Noble Poverty •
mere addition to the endowment, he should be of opinion
that the defence, resisting the int tion of this court,
would fail. In reviewing this case, he found it impossible
not again to revert to the fact, that in 1372 the Master en-
deavoured to convert the revenues to his own use, that in
1560 the Master again endeavoured to do this, and was de-
feated by the statute; that 130 years later, in 1686, the
Master again attempted the same thing with greater suc-
cess, and succeeded in diverting the charity from its ori-
ginal purpose for 130 years. Ile should now make • de-
cree stating as plainly aa he could the charitable nature of
this foundation ; but, looking at the pertinacious
attempts so oftea repeated and with success to divert these
fends from their original purpose, he could bat see the pro-
bability that some century or two hence his decree might
also be sought to be set aside by a like attempt to divert this
charity from its original use. There must be • declaration,
an injunction to restrain future grants by lease, and a refe-
rence to inquire if the leases now in existence were ori-
ginally granted by fine. With regard to the decree
against the Earl of Guildford personally, the Attorney
General said he would leave the matter in the hands of the
court. The court could not go beyond the prayer of the in-
formation ; and as the information did not ask for
accounts before the time of the information, and
though the Master referred to the custom of
130 years, and that custom originated in fraud, he should
not require him to account previous to the information ;
but, from the date of the information, the Earl of Guild-
ford must account for the monies received, and he must be
answerable to keep the buildings in a state of repair.
Neither should he make him pay the costs of the informa-
tion. Of course, with the view he had, he mold not give
him or the other defendants costs. The informer would
have his out of the charity. lie should reserve further
consideration and subsequent costs.
Mr. James—What order does the court make as to the
coats of the bishop ?
His Honour-1 he bishop must have hie costs.
Mr. James—There will be an inquiry as to what the pro-
perty consists of ?
His Honour—Yes.

SPORTING.

TATTERSALL'B.-MONDAT.

Rotolo, terrace, and yard were crowded throughout the
afterglow', but beyond the beetling on the Ooodwoud events,
very lisle buns weetranutzted.
Moat of the balance-sheets presented an extraordinary
array of bgeres, the betting having been to an event
Sedan if ever eurpaseed. That it had been a smiling
*eating for the fielders was very evident, but "the
true joy is when the money comes;" and what with the
late attendance of some parties—the total absence of the
mounts of othen, heavy betters, too—sod the disappoint-
ment sawed by three or four " hit and missing," uue of
whom used to be deep in commissions, and whose focus
stew& in future is likely to be in that paradise of defaul-
ters, Boulogne, there was a fruitful source of vexation and
complaint. At to the parties who Lave means at command,
but who postpone the day of payment as long as they can,
thetneed scarcely be told that they place themselves in a
position which is calculated to have a damaging effect on
their credit. .

_... _.__.-.
The few hats which came under notice were in accord-
NM with the odds stated below.

BRIGHTON STAKES.

3 to 2 1 taken !reel;)
3 to 1 Lord Clifden's Poodle
3 to 1 Mr. Magenis's Pantomime (t)
4 to 1 M. Lupin's Jouvtuce
BT. LEGER.

S to on Mr. Bowes's West Australian (offered
to money)
sto agst Duke of Bedford's Sittingbourne (t)
8 to Mr. Powney's Cineas (t)
DEBBY.
25 to 'gill Lord Derby's Boiardo (t)
25 to Lord Derby's Ortolino (t)
25 to Mr. Thellusson's King Tina (t to 1001.)
25 to Mr. Merry's Wild Huntsman (t)
23 to Mr. Greetlle's Paxton (t)
30 to Mr. Signell's First Lord (t)
1000 to 30 Lori Clifden's Alembic (t)
50 to Mr. Disney's Knight of St. George (t
to 3001.)
On the rnsiou afternoon 7,000 to 200 wu taken about
Muscovado.

YoaL AND NORTH MIDLAND RAILWAY V. 0110R01
HUDSON, Eat., M.P.
Mr. Roundell Palmer moved that the defendant be or•
dercd to pay into court on the 17th August, a sum which
had been found to be due from him under a decree of the
court of the 11th February, 1853. The certificate was
datad July 27, 1853, by Which it was found that
66,9551. lOs 3d. was due, but a set-off bad been allowed of
2,3641. Os. 5d., leaving 53,5901. 9.1. 10d.
Mr. Its', and Mr. Toiler opposed the motion on technical
grounds, contending that under the orders defendant had a
right to appeal to the court as to the amount of the certi-
ficate.

ffisituavow unswaY SrAinit.—Kettoyside liero and
Beauty are soratehed.
FLTIXO BTAILES, WORCEST7I.—We understand that
the Stewards of the Jockey Club have decided that Le Jeff
is entitled to the stakes: we have not, however, received an
official announcement of the fact.

SALE OF BLOOD Broca.—The undermentioned horses,
the property of Deana Anson, were sold yesterday at Tat•
tonsil's, with their eagagements:—A chesnut mare, foaled
in 1847, by Gladiator-31archesina, 50 guineas ; a Husain
filly, two years old, by Ingo out of Crusade (no engage-
ment), 18 guineas; a ehrenut filly, two years old, by John
o'Gaeat dam by Glarliator—Marchesine, 15 guineas; Ha-e,
two years old, by Cothentono out of Gossamer, 34 guineas ;
Communist, two years old, by Don John, Ingo, or Joe Lo.
cell—Cam Cim's dam, &c., 44 guineas; The Druid, two
years old, by C9therstone—The Abbess, 67 guineas; a thee-
nut colt, three years old, by Don Joha—Potentia, &e., 40
guineas ; a bay gelding, three years old, by Tearaway out
of Margaret, &c., 19 guineas; a bay gelding, three years
old, by Theon out of Louisa, &c. (no engagement), 44
guineas; Lady Margaret, three years old, by lthuriel out of
&e., 110 guineas; &dead°, a bay geldiug, four
years old, by Orlando—Gossamer, &e., 68 guineas ; Ball's
Eye, four years old, by Doa John out of Lollypop, &c.,
gonna.

His Honour made an order for the payment of 53,5901.
gs. 10d. on the first day of Hilary term, with liberty to
apply in the meantime.
The court then rose shortly before twe o'clock for the
long rustiest.

INTELLIGENCE EXTRA.
BRIONTON RACES.
ACCIPTANCU for the LICZNSID VICTVALLEILS' STALES.
A winner after the pahlicatiun of the weigh:s to carry blb
extra. The New Coarse.
Age. at lb Ale. et lb
Rubins/ 4 8 7 Tomboy 6 8
Musician 6 8 2 Lady Isabel .... 4 6 0
Antigua,
Hirsute

CRICKET.
Eros v. WINCIIEsInt.—This match was Continned
yesterday, and the following is the score :—Winchester,
bet inning, 126; second inning, 146. £tun, lint inning,
66; second inning, 3 wickets down, b 2.

ITINERANT LITERATTYRE.—A spirited bookseller in
Manchester, following the "signs of the times," has set
up a perambulating hook store. A capacious maven, like
those in which itinerant lions sod elephants are west to
traverse the country in march of fairs, has been conetnieted
with shelves capable of holding 2,000 volumes, and stowage
for a considerable quantity. As the railway stall has brought
literature home to the traveller,—so the moveable maven
is to carry it to the deer of the workman in village and
hamlet. A tent le sorrinkby the bookseller for the accom-
modation of his nenheneesr—and winding this in the town,
he offers a shady MO Is the rural
itatias LAdvertiannonLja— FITZT OUSAND Cuss
wrriserr Mumma yDasse's IrciLsw• Sauna !ma.—
Con Ala : ft* lain/ away from dpappris
arremeess, eatins. adrirwri gisk-
ism as the ennumAr law boo ramealig Ds
••••idis am Doi,
Om lift aPs=plitsu dr Iti& Ds lad NNW de
Dedso:—.l Iwo sisdassbi• Snag kedliird Mt lad
ernorin sts potairsien et One bss"--Iturt d• d is
issrdri st 11 11, al Us. tars-rsilesd quality, IS„
•• SOL ; sins; re di D. rid saides fees et eieriege.
by Saw Do Seem amts.. 77. Isserwmpot tonna
(Advertisennent.3_l4oELowAT's OLVTIOCIT AND
nu^ a son iescouato iS2IShT •ss Ammo awn uses Warns.
—Mars Dissed•oi Shower is Posseare U•sigrod. zsisked
mom bust is ilk MO elm* kw rams Wk. br •• pm sf doers
Nam ss bin. /a dram Acme/ Y __painstbs loam
villa dead the nut e• idiot sudsme Ls MA awl li• um scow
•mow elms
=s.pressersod Isom*, sod pules dr arrnmassiod el&
sew se ~ at mom or Wm nisidlea, be us-
Palma sid Mk did* der Is sew
Seal Mel ISSI thet anise semi lue ID es voll Si
Sad is lay son—isil siemens stness; mai rrmDrr
Rateilkkaxis Info ilseals Lae=

INSOLVENT DEBTORS' COURT.—YESTERDAY.
Bloom Ma, Onnanwsousa Pommes.
IN RE JOHN OTL/LB.—AN EXTRAORDINARY AFFAIR.
Thie insolvent was opposed by Mr. Nichols for two credi-
tors, and supported by Mr. Cooke.
The complaint was that he bad made away with his pro-
perty, instead ef paying his debts. lie had had the miefor-
tane of being engaged for some years in a Chancery suit,
which had lately terminated. it. had received two sums of
1001. and 6701. In May last 6001. was invested in the funds
in the name of the insolvent and of Sarah Agnes O'Leary,
with whoa it was admitted the insolvent had cohabited
for a number of years. The insolvent's wife hail been in
St. Pancras Workhouse, _and he mid be had allowed her
3s. 6d. a week. The poor woman came into court, and an
extraordinary scene occurred. The money the insolvent
invested he said belonged to Mrs. O'Leary, by whom he
had two children. She bad advanced him some money, and
rendered him services daring the Chancery suit. Ito gave
her a bond in 1861.

Two creditors' Mr. Hopkins, a draper, and Mr. Duff,
opposed, whew* debts the insolvent promised were to be
paid out of the Chancery suit. The money had, however,
been made over to Mrs. O'Leary. That party was exa-
mined, and claimed a debt fur upwards of WO/ , made out
in the manner stated.

Mr. Commissioner Phillips, after a long examination,
declared that he WWI not to be gulled by the pretended debt
by Mrs. O'Leary, and that the creditors must be paid.
The ease was adjourned to pay 2.50!. into court (the debts
being only 28W.) out of the money in the funds.
The insolvents wife presented herself, and declared that
she was in want, and she was referred to the parcehial au-
thorities, who could adopt proceedings against the insol-
vent. Outside of the court another scene took place between
the insolvent's wife and Mn. O'Leary.

ASSIZE INTELLIGENCE.
HOME CIRCUIT.—CRoyDoy, Avorn 1.

Cl,ll aubs.—Eff7oaa rim LOUD CRIEF B• 1011 AND • COMMON AMT.
Tai QUERN v. TED Rom. F. &OTT AND JOSEPIS
BIATTIE. CHARON OF MANSIAVOLITIR •O•INOT •
HALLWAY DMICTOZ.

The defendants, the chairman of the South Western
Railway Company and the superintendent of the locomotive
department ot tbat company, surrendered totake their trial
upon a coroner's inquisition, charging them with the man.
slaughter of Chien Cannon.
A bill for the same offence was preferred before the grand
J ug, bat they ignored it.
The defendants pleaded not guilty to the inquisition.
Kr. Bodkin and Mr. Robinson appeared for the pressen-
tion ; the Attorney-General, Mr. BalMatins, and Mr.Bovill,
were counsel the defendants.
Mr. Bodkin, in opetizil the case to the jury, said
i that he had the honour, with his scraed friend, to conduct
this important Franglais", and he nlyettcd ex-
ceedingly that, In ossesquesse of the an.:=lloot
Istate of the law at the present time, with
I regard to the conducting of criminal prosecution, like the
present, be was very imperfectly instructed with regard to
the facts of the and he trusted, therefore, he should be
excused if be did sot lay so clear and distinct a statement
before the jug as be weld bare wished to have dose. The

THE EXPRESS, TUESDAY EVENING. AUGUST 2, 1853.

charie was out of a very seriou. thar.ic:tr—une of the
gentlenan accused was a r.ll-011 of high station and
i..iarat. ter, end o„.e other filled a very risponsilde posi!ion
c..onectiil 'kith the railway. 'lLey hail no duubt •ery
mined the arsistance of the Queen's A•tor-
i_y•Ocoi L.: nod two others of Li. It 'rued friends; but Iv,
(Mr. was only re:■iucd on Friday 11.1*. ; and he
usu.tiuord ttii 41 an hdditiimal excuse if he should be found
to omit anything that was material in the statement ho
should lay before the jury. He thought it right to inform
them that, as was customary in such eases, a bill of indict-
ment had been preferred beturo the grand jury, but they
had ignored it on the ground, as Lu bc:ieved, that no
culpable negligence was established against either of the de-
fendants.

The Attorney-General objected to the learned counsel
malting any stati mutt referring to the reasons which ha-
duced the grand jury to ignore the bill.
The Chief Baron said they had nothirg whatever to do
with any proceedings of the grand jury. All they had to
do on the preoent occasion was to ilisp‘se of the matter
before the court.

Mr. Bodkin said he would confine hs.mvelf entirely to the
coroner's inquisition, which charge-1 both the defendants
with the crime of manslaughter, and be should now pro-
ceed to give the jury a brief outline of the eirentustances
under which the charge arose. 11, should explain to them
in tra outset that the principal defendant was a member of
parliament and the chairman of the board of directors of
the railway in question, and the other defendant he believed
was a superintendent of the locomotive department,
or at all events filled a responsible station in
connexion with the railway, and he should wish the
jury to understand that no moral delinquency was attributed
to them, but that the sole question they would have to de-
cide was whether by any negligence or want of proper cau-
tion on their part they had been the means of causing the
death of the deceased. The transectitin in question oc-
curred on a branch line of the Guildford iiiilway, from
Ash to Alton, between which stations there was only a
single line of rails ; and oily one station, that of Farnham,
at which place the fatal accident occurred, int d be
tween the two places; and he need hardly observe that
under such circumstances the utmost caution was neces-

like manner, a pair of h. .its, with intent to cheat John
Taylor of the tame. p ka4d
Tr.e first. cams d pt lecut.or is a woo!lendraper in V•re-
stne, Oztord-etreet, and on the tith of la-t month the pri-
soner wen. into his shop and represented to one of the sl.y-
men that he bad entered into partnership with the successors
of Halliday's old house in Be gent-street, and asked to see
some patterns of light ladies cloths. The shiipman showed
him some, and, believing what lie had said to be true, al-
lowed him to have eight yards of the sort he selected. Mr.
W. O. Taylor, the successor of Halliday. stated in his
evidence that the representation on the faith of which the
prisoner obtained the cloth was quite fahe. Ile knew the
prisoner some years ago, but he had no authority whatever
to procure any articles on his account.
11lichael Ilaydon, the detective ofth:er, said he was pre-
sent at the Old Bailey scissions in October, 1845, when the
prisoner was sentenced to 14 years' transportation for sic-
frau. ing tradesmen of goods to a very large amount.
The Assistant Judge asked Royston if he knew the
groan Is upon which the sentence was commuted.
The prieoner (whose real name was stated to be Hare)
said that would be found all etplained in his written state-
ment, which had been handed in.
. .

...
eery to be observed by every person who used this portion
of the railway. 'I he line was opened with the sanction of
the government inspector in 1850, but he believed that at
the same time the inspector communicated with the railway
authorities upon the subject of there being only a single line,
and it was understood that only one engine should be used
ate time upon the line, in order to avoid the risk of danger.
The defendants, he apprehended, must be taken as being
fully aware of this understanding, and the question upon
the present occasion would be, whether they had exereisgti
due caution upon the occasion of the fatal occurrence taking
place. The learned counsel then stated that on M,y 14 the
defendants ordered a special train at Guildford to pro
teed to Alton, and he believed he should be able to show that
orders wcrej given to the effect that they should proceed
direct to the place of their destination. Tne ordinal, passenger
train was at Guildford when the special train took its de-
parture, and it was detained in order that it might be •
sufficient distance a-head, to prevent any danger. The spe-
cial train proceeded on its journey, and the neglect charged
against the defendants was, that they took nu item to give
notice at the succeeding stations of Ash and Farnham of a
I special train being upon the line, and the consequence was
that the deceased, who was a porter at the latter station,
believing it to be the ordinary passenger train, ran to meet
it, believing it would stop at the station, and he was unable
to get out of the wry of the train and was run over and
killed. lie then proceeded to state that he believed
there was no electric telegraph upon the line by
which a message could have been transmitted to the
stations, giving them notice of the fact of a special train
being upon the line, but he submitted that under the cir-
cumstances some means should have been taken to give
notice of the fact,and that not doing so amounted to criminal
negligence.
The Chief Baron inquired of Mr. Bodkin when he coast-
I dered the notice ought to have been given ? Were the
defendants bound to have given so many hours notice of
the departure of the special train ?
Mr. Bodkin aid he was not prepared to say when the
notice ought to have been given, but he should contend that
the chairman of a railway ought to,be taken to be well ac-
quainted with all matters relating to the safely of persons
upon the line, and that he was in a different position to an
ordinary person.
The Chief Baron said he did not agree with the learned
counsel in this respect. In his opinion a railway chairman
or director who engaged a special train, was in exactly the
same position as ordinary travellers, and he might reason-
ably suppose that all that was necessary to be done would
be done by the persons in the employ of the railway upon
whom that duty devolved, and he could not be responsible
unless it was shown that he had done some personal act, or
given some direction which led to the accident.
Mr. Bodkin said that as this was his lordship's opinion
there was au end of the case, as the gravamen of the charge I
was, that knowing the ordinary passenger train would stop
Ist the Farnham station, the defendant took no steps to
have it known that the special train would arrive first,
and that it would not stop.
The Chief Baron said that the mere fact of the defendants
being the occupants of a special train did not require them
to take clue that all the necessary arrangements were made
at the different stations through which they had to pass.
Ile was of opinion that no such duty was cast upon them,
and that whether in the case of a chairman, or a director of
a company, or a manager of the traffic, neither of them
was responsible for what might occur at any station over
which they had no personal control. He had no desire to
stop the case if the learned counsel thought he could make
anything of it, or even if he was in a position to show that
any directions had been given by either of the defendants.
but if he could not do so he put it to him whether he should
consider it right to go any farther.
Mr. Bodkin intimated that he could not prove anything
in addition to what he had stated, and he said that as the
jury would be bound to act upon the direction given to them
upon the point of law, he thought it would be an useless
' waste of the public time to call the witnesses.
The Lord Chief Baron said that before the jury returned
their verdict be should wish that they distinctly understood''
the grounds upon which he formed his conclusion, that the
facts as stated by the leaned counsel for the prosecution
did not amount to a crime on the part of either of the
defendants. It might be very true that one of the
'defendants was chairman of the board of directors in
London, and that the other was a superintendent
of traffic in London, but when they were removed to adi a.
tance from what might be called the scene of their imme-
diate activity or basin's*, and were at a considerable dis
tante, he thought it would be going a great deal too far to
make it a matter of criminal negligence on their part that
they should not be 'ululated with all the arrangements
of that portion of the railway where they happened to be,
and that if an accident occured in consegence of some want
of notice being given they should be held responsible
under the criminal law. It appeared to him that when
the defendants engaged this special train at Guild-
ford they were as little responsible for the consequences
of that journey as as entire stranger would have been, and
he thought it was rather too much to say that the chair-
man or the superintendent upon a railway was bound to be
aware of the time of starting and stopping of every train
that travelled upon the line from one end to the other.
There did not appear to be evidence of any knowledge of the
arrangements regarding the trains being brought to tho
notice of either of the gentlemen under charge, and as it
appeared to him that as there was no evidence which in
common Justice, and according to the manner in which the
criminal law was administered in this country, to show any
guilt on the part of either of the defendants, he felt it right
not to allow the case to proceed any further.
The A•torney-General said that as he believed a good
deal of feeling had been shown with reference to the case,
he begged to be allowed to say a few words in justification
of the gentlemen for whom he appeared on the present
occasion. In the first place it had been stated that this
special train had been engaged by the defeadants
for purposes of their own, but there was no truth
whatever in that statemeat. The train was engaged
entirely for the purposes of the railway, and the object
in going to Alton was to make a survey and see that
the line was in a proper condition. There were no means
by which notice could be given that the special train was
on the line, Out it was due to the defendants to state that
the proper signals were exhibited at the stations, which it
was the duty of the deceased to have attended to, and if
he had done so, he would have known that this was not
the passenger train, and the accident could not have
occurred. In the case of pilot engines, and a variety of
other circumstances, no other notice could be given than
by means of the signals, and it is is the duty of the deceased
to have attended to those signals and nothing else. Ile
regretted, however, to be obliged to state that he had on
several occasions neglected to pay attention to the signals,
and be had been reprimanded for to doing, and on this
occasion the unfortunate accident was entirely the result of
his own recklessness and inattention to orders.
The jury then returned a verdict of Nod Guilly, and the
defendants left the court.

1 he Assistant Judge then read the prisoner's statement,
which tilled tear sheets of foolscap, and was rather closely
written. It set forth that he was sentenced in 1848 to 14
years' transportation, and in 1853 a petition for his libera-
tion was gut up by hie eldest brother, who promised in it
that if the prayer was granted he would supply him with
the means of leaving the country immediately he was re-
stored to liberty, upon the faith of which promise, com-
bined with the excellent reputation he had borne while at
the hulk, the Home Secretary caused him to be released in
March last. On arriving in Landon he found a temporary
home with his sister, a widow with six children, expecting
to leave England in a week or ten days at the most, but to
his painful surmise, on an application being mat.° to his
brother, he found him unwilling to perform the promise he
had made to Lord Palmerston, and he then made every
effort to obtain employment to support himself but without
success. His sister was too poor to afford him the means of
support, and she applied to the brother, bat he refused to
keep his word, saying that he had procured him his liberty,
and should do no more. He found himself in consequence
thrown upon the world, an outcast, penniless, friendless,
and without character, and being in want, his health be-
came impaired, and spirit broken, his mind sunk under the
accumulated weight of sorrow and disappointment, and for
'ileitis he wandered about in a state of semi-derangement,
and he really knew not what he was about when he did
that which led to his being sent to prison. He had
two other brothers, who on hearing this undertook to
provide him with an outfit, and place a sum in the
hands of the captain of a vessel to take him away from the
country. He solemnly assured the court that be should
n have returned to London dependent on himself, as
his character was utterly gone, as he had an excellent
opportunity of being sent to Australia with good reports
from the authorities of the hulks where he had been, and
asked, " Is there not any philanthropic or other reforma-
tory society in this Christian country whereby an unfortu-
nate outcast and true penitent may find employment and
redeem his character." lie referred to the Home-office in
verification of his statement about his brother, and the pro-
mise made by him, and after imploring that his two other
brothers may have the opportunity of sending him with his
wife and children abroad, he says, "And if your lordship can-
not consistently with your public duty listen or accede to
the proposition of my two brothers, then, my lord, let me
earnestly pray and beseech of you to pass upon me the ex-
treme penalty of the law, namely, the sentence of death,
and order the execution as early as the law will allow, (or
which I will offer up my prayers of profound gratitude and
praise."
The Assistant Judge sentenced the prisoner to be trans-
ported for seven years.

THE POLICE COURT&
MANSION-HOUSE.
Peer Sawyer was brought before the Lord Mayor,
charged with having usaulted his mother. The unhappy
parent of the prisoner did not appear.
E. Williams (473), said that at 1 o'clock on Sunday
morning, he heard the shrieks of a female in Trinity-lane.
Upon going to the place whence the noise proceeded, he
found the
_prisoner in a state of intoxication and Musing his
mother. They were both on the ground together, and the
prisoner called her as she lay by a most revolting name,
and struck her at the same time. The poor woman went
into a fit in consequence of the gross conduct of her beast
of a son, who seemed to care for nothing and for nobody.
The prisoner said he really did nut know what he had
been doing, and the strongest proof that he was not
master of his actions, was the fact that he had assaulted
his own mother.
The Lord Mayor said the cue was not capable of the
slightest alleviation, anicommitted the fellow to prison.
Henry Pullen was charged with haling committed a des-
perate assault upon a lad named Savage, who said, this
morning while I was in my curt in Cheapside the wheel of
it touched the cart of the defendant. lie thereupon fol.
lowed me down the street, struck me violently across the
face with his whip, and laid the flesh open. I went round
Ito stop his cart, and he then cut at me several times, and
whipped me about the head.
A gentleman who was passing at the time maid he ob-
served the complainant holding the reins of the defendant's
horse, and the defendant lashing the lad with his whip,
while a man who accompanied the defendant tried to force
the complainant under the horse.
The Lord Mayor said he would not then adjudicate in
such a cue of dangerous violence, and required the defen-
dant to procure bail to the amount of 501., and to enter into
his own surety for 601. to appear to answer the charge.
GUILDHALL.
- • _

John Edgar, one of the City toll collectors, wu sum-
moned by Mr. Andrew Caldecott,Jun., for unlawfully de-
mandin_g toll for lu?gage tionsistiag of his personal effects.
Mr. Caldecott said he wu driving his dog-cart through
Little Moor-fields, when he suddenly felt the vehicle tilt-
ing up behind, and in looking round saw the defendant,
who immediately demanded the toll. As the domeart was
his own, and the luggage his own personal property, he de-
sired the defendant to let him pass ; but defendant directly
seized the reins at the horse's head, and commenced a dis-
turbance ; upon which witness paid the toll and summoned
defendant.

The defendant siid there was a portmanteau and other
parcels in the cart, and not seeing the City arms upon it
be demanded the toll, u the City arms were his only guide
in cullecting the tolls.
Alderman Sidney asked how defendant was paid.
Defendant said he had half the tolls be collected, but it
did not amount to more than 91. or 10s. per week. He was
appointed by Mr. West, who farmed the tolls from Levy,
who contracted with the City for them.
Alderman Sidney said it was disgraceful to the City to
have any toll at all, for the mortgige on which they were
raised had been liquidated long ago. But it was a still
greater disgrace that the tolls should be farmed by so
1 many persons, and even the collectors te participate in the
'profits as partners. However, with regard to the charge,
the defendant had rendered himself liable to a penalty of
401., and it was no excuse for him to plead ignorance.
Defendant said he had mot twentypence, and could not
therefore pay the penalty.
Alderman Sidney said in that case he must go to prison,
and then the public would be able to go toll Jive until he
came out.

Tie tine was ultimately mitigated to 5e., which the
defendant paid.
MARYLEBONE.
.. . _

Mr. L. Levy, general agent, residing at No. 7, Portland-
place, Circus-street, New-road, surrendered to his bail, on
the charge of Iv.ving uttered two forged bills of exchange,
each for 961. 4s. 6d., to Mr. Nicholas Courtait, • boot and
vhoeutaker, residing at No. 9. Orchard-street, Portman-
square.
Upon the last examination the cue was remanded for the
attendance of • Mr. Pierson, the putative acceptor of the
bills. This witness was now in attendance.

OXFORD CIRCUIT.—MoNMotVI, JULY 30.
Sanas Ma. James CoLiIIDOL
Thomas Jenkins, aged 29, was indicted for having, on
the llth of May, feloniously wounded James Thomas.
The prosecutor, a man apparently 60 years of age, loded
with the prisoner at Tredegar, and on the night of the 11th
May he went to the bed-room of the prisoner's wife, when
the prisoner was from home, and said to her, " Melly, will
you have a glass of gin ?" " No, never mind, Jim, drink it
yourself," replied Nelly, and just at this time the prisoner
came in, and finding the prosecutor there, paid, " What do
you want here, Jim," ' and immediately began beating him
in a violent manner, striking him with a poker, and kick-
ing him while on the ground. Upon being told that ho had
almost killed the old men, the prisoner said, " It served
him right, for I found him is bed with my wife."
Mr. Sulphite urged the great provocation which the pri-
**net had received as sufficient to excuse any honourable
man who had an affiction fur his wife r sorting to personal
chastisement, but his lordship ruled that if it was quite
certain the prosecutor had gone into the bedroom with an
unlawful design, the prisoner was not justified in
taking the law into his own hands in the manner in which
he had done.
The jury found the prisoner Guilty of unlawfully wound-
ing without intent to do any bodily harm.—Sentenced to
18 months hard labour.

MIDDLESEX SESSIONS.—YESTEBDAT.
The sittings of the court for the July adjourned Quarter
Sessions were resumed at the Guildhall, Westminster, before
Mr. Scrjeant Adams.
Harrison, 42, was indicted for having fraudulently
obtained by az,Lne of (she representation', from William
Richardson, sight 7„j: of woollen cloth, value 21. lies.,
the property of William Underz'otel, with intent to chest
him thereof; sad farther, with freada/dzily obtaining, is

Mr. J. S. Pierson stated that he resided at Great Mal-
vern, Worcestershire, and was a working jeweller, and
that the bills of exchange produced were accepted by him.
He did not know anything about the bills in connexion
with Mr. Bradshaw. At the time he wrote those bills, no
amount, name, or drawing was on the face of them. He
wrote his acceptance on a piece of paper, with nothing upon
it but the stamp. On Friday week he had an application
from Mr. Steel, by letter, as to what he knew about the
bills. This letter he answered u follows:
" Great Malvern, Worcestershire, July 23, 1853.
" Sir,—ln reply to yours, I have to state I do not know
either anything about the bills or the party at Brompton,
or am I in a position to have anything to do with bills,
being here at a small weekly salary.—Yours, &c.,
" J. PIIRSON.
" To Mr. John Steel, 10, Ely-court, Holborn."
After this statement, Mr. Broughton said that the charge
of forgery must certainly fall to the ground. He then dis-
charged the defendant.
MARLBOROL:GH-STREET.

George Gorcio73,l7;;;Vaughan, ;;Tenaries Saundert,
were charged with being drunk and disorderly. Gordon
and Vaughan were further charged with assaulting Mr.
John Wells, and his von, Charles Wells, jewellers, 12,
Ryder's court.
It appeared from the evidence of Mr. Wells and his son,
that about 12 o'clock on Saturday night he was alarmed by
bearing a great noise in the passage at the side of his house,
which leads to a place called the saloon, and on going out
to see the cause of it, he was assailed by the three defend.
eats, who were very drunk, with language of the foulest
nature. Witness closed the iron gate leading to the pas-
sage, when Vaughan made a blow ;at him with a stick,
which had he not eluded would have inflicted serious in-
jury. His son then came to his aid, and in ejecting the de-
fendants from the passage Gordon struck him. A constable
was then sent for and defendants given into custody.
The defendants said they had been dining together, and
taken too much to drink ; they were now exceedingly sorry
for what had occurred.

4i7iiiiiii;it;iconimenting on the conduct of the
defendants, tined Gordon and Vaughan 40.. each for the IF
units, and Saunders, who did not participate in the attack
upon complainant, was fined 20e. The money was paid.
THAMES.

James Upson, a emitit,---;ZsTiain examined, charged
with attempting to murder Harriet Sargeant, a married
woman.

The facts of this ease have already been before tha
The prisoner having decoyed the woman out of the reach
of immediate aid, m.de an immoral proposition to her, and,
on her repeated refusals, threw her down, drew his knife,
and cut her throat. She has since so far recovered as to be
out of danger.
The prisoner WO committed for trial.
A great number of labouring men were in attendance in
and about this court to beer the result of a chirp of intimi-
dation mod threatening, preferred by the dims of the Cos-

mercial Grs Company against Chores Ragan, a tel and
powerful man, who wan arraigned btfure Mr. Ingham ;Jar
..'clock in the c Truing.
Mr. IL. M Christie, engineer to the Coninarrei:.l 041
Conpany, said that extensive buildings were in
course of erection on their premises near the Len
J 1,41100 Tavern, in Stepney, and the company hul be.•v
put to great inconvenience and annoyance by
strikes among the bricklayers' labourers, who were
instigated to leave their work by paid agitators and others,
who said they could get extra wages, and urged them to leave
their work. The strike was settled, and an arrangement
made for the men to resume their work at 10 o'clock that
morning, when the prisoner cams to the gas works and in-
duced the men to leave their work.

Mr. Magnus Iloram, another officer of the company, said
that he heard the prisoner talking very loudly to the brick
lars' labourers employed on the new works, and he said
"What fools you are, what are you working for 3s. per day
for ?" He went round and remonstrated with the
prisoner, who instigated several men to go over
to him, but,:he believed, they had since returned to their
work. A pail of water was thrown ;over one man who
would not join the strike, but he was afraid to come to
the court and give hi. evidence.
Mr. John Petry, a muter bricklayer, said that one man
was brought to him that morning very much injured be-
cause he would not join the strike. There was a strike
among his men on Thursday, but that via+ all settled, and
they came to work again on Friday morning. In the COMB
of that day, however, three men were intimidated and left,
and on Saturday two more.
In answer to questions by Mr. Ingham, the witness
said he did not believe the prisoner was a bricklayers' la-
bourer at all, and was informed be was a Whitechapel
fighting man engaged for the purpose of bullying and
fighting those men whe would not leave their wqrk. That
morning the prisoner and several others came to the Ois
Company's premises, and by threats and intimidation
caused them to leave their work. A few of them had since
retuned to their work.

Mr. Ingham said he should like to have the evidence
of those men who heard the threats made use of by the
prisoner and others.
Mr. Perry said they were afraid to come. One man who
hail been injured said he expected a knife would be run
through him next, and was in fear of his hie.
Mr. Ingham said that such a state of things as this could
not be tolerated in England. He would grant sum-
monses for the attendance of the men and they should be
protected from violence. If a case of threats and intimi-
dation of workmen was made out against any one, the
offender would be most severely punished.
Mr. Christie—You see, air, the bricklayers' labourers
are not the only persons who have been intimidated. Other
trades employed on the new works have been interfered
with, and we have been put to the greatest inconvenience.
We now have the police on the spot.
Mr. Ingham said he would remand the prisoner on the
charge of intimidation until Wednesday, and he would
advise the gentlemen entrusted in this prosecution to pro-
cure the names and addresses of any of the labourers who
heard the threats and abuse, and he would, upon a proper
application being made, grant summonses.