The Express.
London, England, 1859-07-20 00:00:00

ASSIZE INTELLIGENCE.

WESTERN ClRCUlT.—Wmangras, JVLT 18.
The harmed Judge did sot Weed the Cathedral petaday
is state, es has boa eareareery.

Ca owe Coner.—(Befer• Mr. Bean Brume%)

The RUINING OD SII tuarlaw XONeaCit.
Marko gardener was indicted lot the mandeughter of
Robert Smith, on the Bth of June, at fipitheed.
Mr. Collier and Mr. Padden wore counsel fur the meson-
don ; Kr. Coleridge for the primer.
Mr. Collier, in opening the case on the part of the prosecn-
don, said that probably the jury had heard of the loss
of the Eastern Monarch at Sppllthead, on the 3rd of
lone last. That vessel was an Indianan, of 1,600 tone
burden., and shoed 280 het in length, and was an m-
ane vessel. She had been engaged to convey
in troupe troops from India to this country. She sailed from
Bombay on the 10th of February lest, having on board 362
invelkled eoldiers, 29 women, 66 ehildrea, several calain.ris-
, etagere, sad 65 men, comprising the ship's mew,
altogether 624 souls. She also had a cargo of saltpetre :IN
Unwed. The vessel anchored at theed between me and
two oa the morning of the 3rd of June. Between two and
times o'clock la the monde, a terrific espkeice was heard,
the hatchways were blown up, several of the people
thrown from their beds, women and children were seream.
fag, men reshtug to flnd their wives, and al wee con-
futon and dbmay. Flee blatantly broke out, end within
a quarter of in hoar she was la flame from stem to stern.
Thanks to the officers and the excellent discipline of the
troops, nearly the whole of the persona on board ware leaded
in whey. One poor boy, Smith, was much injured ; he wee
takes to the hospital, but the next day he died. Upon the
eridenee tam at the emonees ferniest it appeared that the
primmer had charge of the megasine sad the mentmen, and
tibial eight o'clock an the evening of the 2nd of June the
Cmer had gone below, and had in the gunroom
a 'miler match, and had thrown It smok-
ing on the floor, on which them was a variety of
stores, mob se Maims end whet me. There wee a
headway over the room, having holes in it, end above
wee the women's cabin. The theory was that something
had taken Ore, and had smouldered from eight o'clock until
two, end had thus tamed the espkeion. That was the
ease that would be laid before them, and It would be for
the jury to say whether the prisoner had bees guilty
of negligent*, and whether that negligees had led to the
The ed judge said upon them fade he could hardly
suppose skit tee jury would convict the prisoner. Then
was en interval of as hours between the time the primmer
was in the gunroom end the bre breaking out; no fire had
bee @Nei, end no burning bed been smelt. lie did not like
interfering with the province of the jury, but it was • strong
thing to suppose that this burning was going on for six
hours. A jury did not gums at • man's guilt. He did not
'netts the teamed counsel to withdraw the case, but if ha
did so he did not Wok he would be doing wrong.
Mr. Collier said, he had consulted his learned friend, and
after his lordship's observations, which completely agreed
with his own opinion, he should withdraw the case from the
jury, particularlyas there was another indictment against the
peter for • misdemeanour.
The jury returned a verdict of Not Guilty.
The seem prisoner was then indicted for that he, being •
seaman on board • British ship, wilewfolly did an act tend-
ing to the immediate lose and destruction ot the Rip, by mai
a lighted uncovered candle in the gam-roant.
The same counsel were engaged as la the fanner cam.
Evidence was given to show that the prisoner on the 10th
of Key had lighted • match, and that on the night in quer.
don the prisoner was seen to go down to the gunroom with-
out a light, and that when there a light wan seen. It was
shown teat the prisoner was estremeiy else in weft to
get the troops out of tho ship, end was almost the Teat man
to leave it.
The Judge said, he Arnold tell the jury that If they
thought the sat of the prisootsr might have tended to the
eerioua danger of the ship, although any person prreent might
hem prevented the danger, that that sot came within the
bungs. It was evidence for the jury.
The jury eh:quitted the prisoner, thinking that elthongh he
had been Iraq of • breach of duty, *till that his act did not
tend to the vinous Mame of the ship.