The Express.
London, England, 1860-12-08 00:00:00

THE EXPRESS, SATIJRDA V EVE NIvG. DECEMBER 8, 1808.

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rim COLLIERY EXPLOSION IE 110C111 WALES.

=OA, rade( 111711
Between six o'clock laat night end ten o'cl o.ock
this meeting 1T more bodies were brought op from the pit.
and a men mew/ James /enable, who was brought
Haterillay mdeendy injured, also died last night.
added to the three bodies brought up on Wednesday night,
the boy Bandar% who died yesterday morni•
ng, and the 80
bodies previously overed, according to the list furnished
to the °proper es Tuesday morning, accouet for 102 deaths,
in Iptlition to the number of bodies still underground and
manner, which, according to the statement furnished at the
pit Wednesday, should now be thirty-five. It ap-
pears, however, that there wee • alight error in
that statement. The number of hands returned u
being down the pit when the explosion took place
on spturday was 1139: but it is now ascertained that the
number was 200, the list having be= msde from the last
pay sheet, and the same of amen who had say been employed
there three days, and whose name was consequently not on
the psi shut, having been omitted. Adding this man, and
including the two who died on Wednesday and Thursday,
the total number of victims to the sad calamity would be
138 ; but unfortunately there is reason to fear that this es-
timate is not altogether accurate, for there is • confusion
as to the let of the names fureished to the coroner that is
not easy to clear up. On that list there were eighty
names, but on Tuesday and Wednesday the coroner
and jury took adistiixot account of the bodies as they viewed
them, and found them to be 85, or lee ut axone of the number
they Ind been sworn in to view. It is assumed that, owing
to the fact of there being somany persons of the same names
among the killed, the names of sustain Josue's, Williams's.
and Funds were accidentally omitted from the coroner's
Int, or that their bodies wore not taken Into account when
they were lest brought up from the pit on 13aturday, owing
to the pseud state of excitement that prevailed and the
utiety of the friends and relatives of the doomed to rush
off with their bodies to their dwelliap, as woe as they were
above ground, and as there were Mee who lived as far as
three miles from the pit's mouth, it would in this case
have been exceedingly difficult to obtain an exact return.
The total lose of lives therefore may possibly prove to be as
high an 143 ; but on the other hand it is just pomible the
five names omitted from the coroner's List may be included
in the list of "missing and underground," and in that case
the number of deed will stand at 138. It is expected that
several other bodies will be brought to the surface in the
course of the night.
The coroner and jury met spin this mornieg, at the
Albert Tavern, and the latter were resworn and the pro•
coedinp re-opened pro forme?. They then proceeded to a
workshop near the mouth of the pit, in which the bodies re-
covered use. Wednesday, habeas placed for the purpose of
viewing them. Most of these were fearfully burnt, and their
state generally indicted that they had met their deaths
close to the spot at which the fearful explosion occurred.
In some oases the clothing had been entirely burnt, and the
bodies were completely naked, with the exception of their
boots. lu fact, it was only by the boots in some cases that
ideatilication was possible. Ms jury afterwards adjourned
to to-morrow moluzi when they will again assemble for
the purpose of say other bodies that may be re.
arvered ia the einem the sight. The Male the ahem-
phwe today has bees meek mom tavourableMisa yule*
although the benimater le still low, and the eldest washings
of the pit amid be vidlord without auger. Is consequence
of this at lame tee medial sea is always present at the
pit's mouth, se es to he ready to read., any assistance
that may be usemagy ikon any fresh accident occur, or
should any of the awe be •WWoSene by the eine* damp. On
mural maim it has ben fast ammo to wiromeier
restoratives whim the mw have mime up bees the workless,
end ow awned man, Mr. Gedwit of Metyraieter, has
wily
in bed dace bele Aunt a low boas taw Ms pal, sad has Sever
bars Saturday
Mr. 13rough, the ginernmestilligatipsetoe, was stab' down
the pit for coesideettlie poled hot night, and will spin
assist tonight in direst* the enefices of the pitmen to a
proper eparter, as iris be taking steps to clear out the
fold sh, ellheush as pert al hia official duty to
do es. Mr. Palmer and armsl other gentlemen coo-
, meted with velem ths aelsithoorhood are also reader•
leg miry aid la their to Kr. Phillpotts. the
maw el the Ekes and Iron Company, and it is in
fact pike iespedlie to generate the general feeling of
sympathy whisk adds in the district, or the general ed.
hotness to aid In the recovery of the bodies. Mr. Brown,
the Mayor of Mop" visited the pit this morning, and
intends to convene • paths mating, for the purpose of
utpaanw • IlleeWiliee to medest a general subscri on on
behalf of the senacies. Meanwhile, we repeat ttt the
Rev. Williams Phillips, sande of Riaca, will be glad to re-
ceive sitheeripMens and to apply them as he may be di-
nned, creels may deem most likely to conduce to the
allevisties el the sufterinp in the district.
Yenta* there were about eighteen funerals, and a great
many at the dead set be buried, although several
GUMS Wife missSoda , every effort was being made
to lest lie bens@Weaved aserdekly as possible.
The know* ses the amiss si the seventeen persons
whose bodies were brought up hit night t:—James Plummer,
John Watts, Men .7 Jells West, Joimph West, George
West (three brothers), leelbury, Abraham Reece,
Frederick Oullick, Samuel Chimes, Charles White, Henry
Thomas, George Webb, Morpa Hughes, William Perry,
James Phillips, and Thomas %Hoek.
The follows% are the mums of the thirty air persona
who are still reported to be " missing sad underground r
John Phillips, Nathaniel Phillips, John Bateman, Titus
Goulding, John Richards, Thomas Rosser, John Fisher,
William Jonas, Charles Cox, Edmund Williams, Isaac
Frans, Charles Evans, Thomas Viand, Henry Goulding,
Reese Pries William Hodge, Phillip Jenkins, Gething
Roberts, William Reece, Joseph Evans, Thomas Turner,
Levi Bateman, James Blanfield, William Davis, William
Ban field, Henry Parnell, James Jacques, George Rage,
Thomas Williams, Joseph Powell, Richard Jenkins. William
Falinoods, Nathaniel King, James Fisher, John Sage, and
Theophilas Jones.

Rats Intlllignue.

COURT OF QUEEN'S BZNCH.—Dac. 7.

eittiap at Niai Prima after To m.--(Ratan the Lord Chad
Justin aad Cosmos Juias.)
CUNNING P. DV/EDSON (CLAW
.

This was an action on a promissory note for 1501.
Mr. Knowles, Q.C., and Mr. Gates., appeared for the
plaintiff ; Mr. Philbrick for the defendant.
The note in question, which bore date the 9th of April
last, was made payable to the Rev. H. C. Hielbron, •
clergyman of the church of England, but without • bene-
fice, and bad been by him indorsed to the plaintiff. The
plaintiff is an attorney, in partnership with Mr. Van
Sondes, of King-street, (limpid°, the latter being the
father-in-kw of the Rev. lir. Hielbron. In the course of
the spring, Mr. Hielbron having been introduced to the de-
fendant, the Rev. E. Davidson, who was then editor and
proprietor of the Church of England !Monthly Review, ne-
gotiations were set on foot between them for publication in
the Renew of articles from the pen of Hielbron. Asaaine quit
non, however, to Davidson's entering into an engagement
with Hielbron, the latter was to advance a sum of 11109. at 5
per cent, interest to Davidson. This sum liielbron under-
took to advance, after it was peed between them that
Hielbron was to have inserted in each number of the
Eerier an article from 12 to 15 pages long, and di be paid
for by the week, at the rate of 10a per page, extracts to
count as original matter, and payment to be made in the
first week of every month, but extra work not to be paid for
until the end of the year. Moreover, the defendant was to
be entitled to six months' notice of the withdrawal of the
money, supposing all conditions duly fulfilled by Man
otherwise, a week's notice. Such being the agreement entered
into, Van Sendai! got his partner, the plaintiff, to advance
the money to Hielbron, who in his turn handed it over to the
defendant. The first article was inserted in May, and for
that payment was made in due course ; the amend in June,
and that likewise was paid fur according to the terms of the
agreement ; payment of the July publication was, however,
postponed until the 18th of the month, whilst the August
insertion was not paid for until the 22nd of September, after
the present action was brought, and that for September 1
still due. There bed, therefore, been a clear breach of the
agreement of the 9th April. So after notice to the defendant
Hielbroxt endorsed the note to Cumming by the advise of his
father-in-law, Van Sandau, and hence the present action.
The defence was that Hielbron by a letter had waived
the breach in August, that he had included in his demand
a snm payable for extra work, but which, aorAsiing to the
articles of agreement, was sot due until the sod of &eyes, ;
sad, lastly, that Davidson had not ressivel the week's
notice to which he was entitled, the writ having been issued
the 13th of September, just a day too soon.
As the case turned upon points of law, his Lordship
directed a verdict for the plaintiff, giving the defendant
km* to move.

Verdict aopord
Several ohiagly.ooso wore struck oat of the list, in consequence
of the noskaitosimoi of mensal and witnesses. were

witnesses. Three
referred, awl Is orie the it WA/ Doustutod. The bet
in both code WM quite

BAIL COI:MT.—Mc. 7.

Sittings at Nisi Prins at Westminster. —(Bdore Mr.
Justice era:wits and a Commas Jury.

HACKETT r. APTCLIPIE-EALIII

Thu was an action for false imprisonment. The defen-
dant pleaded not guaty.
Xr. fierjeant BallinOw sod Mr. Brett were counsel for
the plairdiff Clambers sad Mr. Russell were
counsel for thedefendsat.

ItyLe;red that tiff, with some of his friends,
Lad cascaded • trades union meeting. Returning home about
ow o'clock in the morning, they met the defendant, who
charged them with having robbed him, and gave them into
custody. They were take. before • magistrate, and ulti-
mately diecharged.
For the defence it was stated that the defendant had been
robbed by four men, and in themusuit he lost sight of them
for • few minutes, bat • overtook the plaintiff and three
other men walking as if in great haste. Thinking they were
the men who had robbed him of his watch be pee them
into the custody of a policeman, saying they wens •
set of thieves, and he would give theist levee years. On
the following day they were taken beton • magistrate,
when they were remanded on their men reongnimanoes, the
defendant not appearing against them.
The jury returned 'verdict for the plaintiff—Damages, MX.
COURT OF COMMON PLEA& —Dsc. 7.
BEOOND 00IIRT.

Sittings at Nisi Prins in Midellesex.-4Before Mr. Julies
Willie and • Common Jury.)
PILL r. ADDIMON.—RICTOIIif Wasuurres.
The plaintiff in this case was rector of Ickenham, in the
county of Middlesex, and the defendant wee the executor of
the former rector, the Rev. John Addison, who had held
that.positioe forty years. At his death certain repairs were
required to the panoramae house and to the chancel. and his
repreeentatives paid far the former, and the present action
was brought for the estimated amount of the latter, IW.
His lordship suggested that the most satisfactory. way to
determine the dispute was for some one to inspect the
chancel and say whether any and what repairs were re-
quired.
This suggestion was after some discnasion adopted, and a
verdict was taken for the plaintiff subject to a reference.

mained till the 17th April lag, and was skill an out-
patient.
The plaintiff was called, and deposed to the above hats.
He said his leg was fractured and two of his ribs broken.
Tee pieces of bone had been taken from his leg. Hs had
pieces of iron up the side of his leg to enable him to walk.
Cross-examined—He was not drunk. When the accident
happened the omnibus was going at the rate of 10 or 12
miles an hour. He fainted, and knew nothing till he found
himself in the hespitail. He had no recollection of saving
at the hospital, ' If I get over this I'll never get dunk
Apia ; it's all my own fault." If he uttered the words he
must have uttered them while in a state of insensibility. He
denied having made such a statement to a person named
Wilson, who was an in-patient of the same ward with the
plaintiff, and to Mrs. Elliott, the " sister " or bead nurse.
Plaintiff did sot run against the pole of the omnibus.
Kr. Gilbert lildurdo, our of the senior surgeons of St.
Bartholomew's Hospital, deposed that the plaintiff was
suffering from a comminuted fracture of the leg, and one
rib broken. There were great doubts of saving the leg.
Had the plaintiff been a man of intemperate habits there
must have been amputation. The plaintiff ea, crippled
for life.

Several other witnesses were called for the plaintiff, and
among others the friends with whom he dined. They all
said only balls gallon of porter was had for dim:Ber between
Su of them, and one we. a teetotaller. (Laughter.) They
all spoke of the plaintiff u a sober man.
This was the plaintifFs case.
Mr. Faeroe addressed the jury on behalf of the defendant.
Be Loured them that the defendant never defended an ac-
tion of this kind without first having the facts fully inves-
tigated. From the evidence he should call it would be for
the jury to say whether or not the accident was the
result of intoxication or negligence of the defendant. lie
called the follow tag evidence.
Police constable 500 A said the omnibus in question was
only going at the rate of five miles an hour at the time of
the accident. When at the hospital he asked the plaintiff
if he blamed himself or the driver for the accident, and he
replied he could not blame the driver for it. He said that
if he got over it he would Dever drink any more on Sun•
days. Witness did not notice if the plaintiff had fainted.
He was the worn for liquor.
The Lord Chief Baron expressed his doubt if a policeman
or any other person could tell if this poor man, with his
leg and ribs broken, and suffering from pain, wee the worse
far liquor. lie wished policemen would not busy themselves
so meek as they did in making questions in hospitals and pri-
, Kau and of persons who were utterly unable to answer
them from the condition they were in.
Polies-constable 509 A corroborated the evidence with re.
ference to the plaintiff's statement in the hospital.
Mr. Thonuo, a compositor, who was a passenger on the
omnibus, deposed that he was sitting by the driver when the
accident happened. The omnibus was going at the rate of
five miles an hour. The plaintiff came suddenly from
behind • cab just in front, and before the driver could pull up
the pole struck the plaintiff. He did not think the defen-
dant's coachman could have prevented the accident. The
driver's head was not turned round looking at an omnibus
behind him. To the beet of his belief there was no racing.
The driver pulled his horses round to prevent, if possible,
the wheels from passing over the plaintiff.
Several other puesugers were called, and gave similar
evidence with reference to the accident.

A man named Smith, ab;tcher,---was called. He stated
that he law the accident. The omnibus was coming along at a
moderate pace, and after the man was knocked down the
driver pulled the horses' heads off. (Laughter.) He did
not mean right off. (Renewed laughter.) He meant that
the driver pulled the horses to the off side, and in so
doing the hind near wheel of the omnibus only went over the
man. The driver pulled up immediately, and did all he
could to avoid the serious injury sustained by the plaintiff.
Mrs. Elliott, one of the sisters of the hospital, deposed
that the plaintiff attributed the accident to intemperance on
his part. He was as sensible at the time he was brought
to the hospital as a man in liquor could be.
Edward Wawa was in the hospital as • patient, and
heard the plaintiff attribute the anackint to his own intem-
perance.
Henry Chapman, the driver, gave a denial to the plain-
tiff's version of the accident. There were tweuty-eight per
ilous in and on the omnibus at the time. Plaintiff had
hailed the Clapham omnibus coming to the City in mistake
for a Kingsland omnibus.
Day, the timekeeper, said he went to the hoepital with
the driver after the accident, and saw the plaintiff, who said
it was a pure accident.
The learned counsel having addressed the jury on behalf
of their respective clients,
The learned Judge annulled np, and
The jury returned a verdict for the plaintiff—damages

THE POLICE COURT&
MANSI9N-BOUSE.

The Lord Mayor, mom Elting his seat on the beach yes-
terday, said that he bed reamed a number of CjP2MUIIII.I,-
tiolui upon the subject of ■ pneral holiday on Monday, the
24th inst. Re felt that such a concession would be highly
appreciated by a large number of the most deserving classes
—be referred more particularly to those engaged in offices,
not only in the City, but throughout the metropolis, as
it would enable them to enjoy the relaxation of three con-
secutive days of rest ; be, however, felt that he could only
throw out the suggestion, which he might add met with hto
entire concurrence, and he trusted that the writers would
accept this statement as an acknowledgment of their com-
munications.

Mr. Alexander Henderson, • photographic artist, was
summoned for unlawfully aiming on his ordinary OCCU pa.
Lion on Sunday, the 2nd of Deoember, whereby, under the
provisions of a statute passed in the reign of Ling Charles
11., he had forfeited a penalty not exceeding ss.
The defendant, it appeared, had engaged the top room of
the home, No. 49, King William-street, and the summons
was taken out by Mr. td'Unith, • boot and shoe-maker,
occupying the ground floor, and according to his evidence
the proceedings of the defendant on Sundays were • com-
plete nuisance to every one of the lodgers in the house, and
it was admitted that the principal object in obtaining the
summons was to get rid of the defendant. Evidence was
adduced to show that on the day named in the summons the
defendant took the likeness of • young man named Alston,
who was seat there for the purpose
Mr. Beard, on behalf of the defendant, said he should not
attempt to deny that this old, almost obsolete act of parlia-
ment, had been infringed, but it was clear that the only
object of the parties was to force the defendant to go away
from the plum where he was carrying on his business.
Whatever might be the result, however, he was instructed
to inform the complainants that the defendant would not
leave, and he would rather submit to be summoned and
lined every week, and he would persist in carrying on his
baldness as usual.

The Lord Mayor said that the offence had been clearly
established, and the evidence of the gentlemen who bad
been examined, induced him to believe that the defendant's
proceedings on the Sunday were a very great nuisance. Ile
therefore felt called upon to adjudicate in the matter,
and as the defendant through his solicitor expressed his
determination to act in defiance of the law he should in-
flict the full penalty of 5e., and should also allow half-a-
crown to each of the three witnesses who had been
examined, and the costa of the summons, amounting in all
to 14a

A young man named John Cooper, who is in the service
of the lashmentioned defendant, was then charged with a
similar offence, and be pleaded guilty.
The Lord Mayor fined him bs. and costa.

A young woman named Sarah Summers, was charged
with robbing her master, !dr. Biggs, the landlord of the
Crooked Billet public-house, Crooked-lane.
It appeared, from a statement made by the landlord
that yesterday morning, in consequence of some informa-
tion be had received, the prisoner, who was cook in his
establishment, was watched, and she was observed to come
down before her usual tame, and go into the bar and draw
spirits from the taps. Ile questioned her shortly after-
wards, and she said that she had gone into the ber and that
she had drawn a little beer. She afterwards admitted that
she had drawn some gin and 'brandy. The prisoner subse-
quently showed him a tin bottle concealed behind a basket
which contained a quart of gin ; and upon searching the
prisoner's box he found a bottle containing a quart of
brandy, half-a-dosen meows of tobacco, and two half-ounces
of tobacco, all of which he bad no doubt were his property.
The prisoner, who cried a good deal, and raid she was way
sorry, pleaded guilty, and asked his lordship to deal with
the case at 0006.

The Lord Mayor, after conferring with Alderman Hale,
and having aeosrtamed that the prisoner had borne •good
character previously, maid he thought it was probable she
could nut resist the temptation of taking drink, when per-
haps she would not have taken money or any other descrip-
tion of property, and he therefor, should not punish her
so severely as he otherwise should have felt it his duty to
do. It was however, a very serious offence, and the least
sentence that the court could inflict upon her was two
months' imprisonment and hard labour.
The Reverend John Broome, the minister of the Cripple-
gate branch of the London Domestic Mission Society, at-
tended for the mares of putting the public on their guard
against the imposition of a num who was going about col-
lecting money from charitable persons, under the pretence
that it wee for the benefit of the institution mentioned.

' Mr. Broome stated that the individual he roteireit°, who
went by • variety of names, was going about and getting
money by means of forged letters, pretending that he was
connected with the society of which he was one of the
ministers, and that he was personally acquainted with him.
All that he knew of the man was that be called upon him
and wanted him to give him a letter of introduction to some
of the ladies and gentlemen connected with the society, but
lie declined to do so, unless the party gave him some re-
d famines. He then said that ho was acquainted with the
Rev. John Gordon, a clergyman at Dukinfield, in Cheshire,
and proposed to bring •-lettsr from that gentleman, and
went away. He came again • few days afterwards
and promised a letter, which he said he had received
from the Rev. Mr. Gordon, but be (Mr. Broome)
still bad his suspicions, and refused to interfere as the
man requested, and he left. He sabsequently wrote to
Mr. Gordon, and ascertained that some person bad written
to him to inquire whether air of the Dukinfieki was suitable
loran invalid. (A laugh.) He wrote in reply that it was
certainly not, and the object of the application was nodoubt
to obtain an envelope bearing the Itutield post-mark, and
that this was throne shown to him by the person he re-
ferred to, but the letter containedin it was., of course, very
different to the one sent by Mr. Gordon. Mr. Broome
added that he had since ascertained that the person in ques-
tion had been going about collecting money from charitable
persons, his whole proceeding being as entire imposition,
and he teat it his duty to make this statement publicly,
thinking probably that the prow would take up the matter,
and thus the fraud would be put • stop to.
Alderman Hale said he was sure the gentlemen of the
press would render every 111111i2iLlne in their power to put
the public on their guard sgamat such a shameful impos-
ture, and the Rev. Mr. Brooms having thanked the alder-
man for his courtesy, retired.

D. E. K. D. P. C. 1.
- - --
ABIADiin .. 28.93 46 a 8.8. W. 3 7 0
OW/COCK .. 2841 44 45 888 3 9 0
llsavacK KW 46 46 B.BW. 3 6 o
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Gaw42 .... 28.87 46 44 B.W. a 9 o
Holz
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V6I.IOITIA '
,aurerrows 20.90 47 44 K. 2 9 c
tutmou2l2
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had I Paz 19.30 62 62 B.W. 8 9 or
24 Aro. ill in 29.16 48 a 8. 2 6 be
Lbw WU 49 47 8. 2 7
Dolma 19.81 61 40 B.W. 7 7 o
P 021511017111 29.32 60 a M. W. 3 5 in
PLT300111
PINZANC3
J 360112
1388:87
RATONVE
110509