The Express.
London, England, 1859-03-22 00:00:00

4881Z1 INTELLIGEWCZ

NORFOLK CIRCUIT—CAMBRIDGE, MARCH 21.
The learned judges (Chief Justice Cockburn and Chief
Baron Pollock) nenvod in this tows from Huntingdon on
afternoon. This morning both courts opened,
there be
23 pdsowsin the calendar, and one ae two added
tines its pabliestion. There wen three causes only ; one
marked for • spsolal fury, which went off. Another Trib-
butt v. Crick," both at &holm) was sn action for sa mow%
which ended by the parties shaking herds in epees court.
And this finished ths-btudness at nisi print.

Cataturaa COUST.—(Before the Chid Baron.)
ANSLAV 0 HTEIL.

Henry Ward, 34, engine driver in the employ of the
Eastern Counties Company, was charred wish kilbng Charles
Tltchmsrsh, on the Cambridge and Newmarket line, on the
9th October last.. _ _ _ _ .

-16:EZ.i.aiid Mr. D. Brown for the prosecution; Mr.
Power end Mr. Metcalf for the defcnco.

The night in qnenticre Inetizielust;;f the week'. recto& at
Newiaerkot, sod a very buy evening. A train left New-
market la the evening, drawn by throe clime, two of diem
bang Tatars engines. There ware 21 hent-hatee, two oar-
doges, end a brake, the train messoring 170 yards. When
this train arrived at the Six-mile Bottom Statim,tbe sema-
phore red light wu Immedistely put op to indicate dearer,
and llr. Kamm, the traffic superintendent, got off the Main,
wad went into the station to see that they telegraphed to
Cambridge to ascertain if the bne were clear, so that they
might go on. This was a regular custom, and no train was
allowed to proceed until on answer was received. This
operation generally occupies two or three minutes,
but on this occasion no answer wee returned
for eighteen minutes, the tail cf the train projecting
170 yards towerds Newmarket, although they knew that
another train wu due. At 460 yards from the 81x-mein
Bottom station towarda Nowmarket is en auxiliary signal,
&heals marked red, or dangerous, as all trains bane to atop
at the station. Before the traln for Cambridge could move
oe, the train driven by the prisoner was seen corning, not.
withstanding the seprals, end although the horsebox train
wee got into action, it wee only just on the move when it
was ran into by the train driven by the primmer, and the
deessecd, who was in the broke with another guard, wee
killed es theocrat.
Foe the defence, it was coatended that the prisoner had
do= all it woe in his power to do.
His lordship stopped the case, and mid be did not know
whether it had been determined to prosecute this man to &gees
some one more guilty ; but certainly the prisoner bad stuck
to the ship when others bad run away, end he appeared the
least guilty of any.
The jury returned* 'redid of Est Guilty, and (Imprison°,
wee dis

NORTHERN CIRCUIT.—LIVERPOOL, MARCH 21'
At the I.lverpuol Moires to-day, in charging the grand jury.
Mr. Jus'ice Willa dwelt at coaridereble length upon the
of mattalsaghter against John Bschanan and lachi-
batchatil%ftchell, the first and second engineers of the Bogota,
Paddle Company's steamer, who, it will be remembered,
caused the death of a fireman named Landon, by baring him
tied to a ladder in front of the furnaces. Proceeding to the
that V

law of the ors, his lordship mid they weft all aware bi-, the
authority of the master of a vend was practically absolute
It would he difficult to dam its limits, for they expusded
with the occasion. He had a control enalogous to that of a
father over his family, sad it had been said, not alone
figuratively, that no monarch was more absolute in his
dominions than ergs a captain upon his deck. But he must
excretes that power of correction end punishment with
which the law had enemata.' him with reference to
the riicumstences of each particular rate, sod In a way
which ho mutt be pr. pared to justify if monetary before a
civil or criminal tribunal by being able to prove that the
offence was committed, and that the punishment wag no
more than pr,portionate to the offence. In mutiny or dis-
affection of the crew the necessity which ft woo said. dis-
placed law also created a law, and the eeptath and ramie
the same rower which others pawned when their
CnasTerdit threatened of pr,teceing themselves to the death.
No such danger, however, was present in the case then before
them; and, even hod the firemen be-n guilty of the offence
imputed to him (that of Mullane), the law had provided a
Innoilnu:nt which, on his arrival homeward, c std have been
dicted upon him. But supposing punishment were inflicted
on board the vessel, that punishment mud be a moderate and
remonable one, not "cruel or ununtal," them being the words
specially month nzil in the coestitution. No inquiry, however
careful ; no judgment, however solemn; no crime, however
terrible, would justify any tribunal in Ragland In inflicting
such a sentence as unquestionably wee undergone by the
deemed men Leaden ; and If it had been ordered Ly the
eaptsin himself, notwithet naiog the authority with which
that officer a as ordicarily ins rated, he would, very properly,
stand at the bar to answer the consequences. The caprM•
sass boated m a person who might safely be obeyed ; but on
the other hand, be should have that control over himself
which be sought to Impute upoa others. and be moderate It
his tamper and decent In his conduct. No inferior officer of a
vessel had any ruck power es the cantata, and bed no right
to panish except by the direct orders of the master. Anent-
leg, therefore, that re vindictive and creel a panlabiscxt
oral not hove hen imposed by the captain, much lees could
it be imposed by any interior [firer. regard to the
eireamstences distieguisbier the east of Bee keine Irons that
of Mitchell, es to the former having given= alt• runtis e order
to tie the deceased up if he would not work, his lordship e.i
it was a prieciple well laid down, end moat ancestry for the
repletion of crime, to order that priacipals should not evade
justice, whits mere meat. sad tools were that
whilst lawful orders were construed &Whey, sad the principal
was only held boned by whet his agent did strictly within
the limits of hie authority; on the other heal, authority to
do as illexel act one construed largely, sad if a wren gave
authority to soo•her by which he lent Ids eeentenance to
the doing of ea illegal act, he was sasweeshis for the
meaner an which it was doze, although the meager might
not harm keen commanded, or might even be contrary to the
ieemerad. This was pointed oat by Boom is his maxims,
•110111.1.1 that if A commended B to chest smother ponce,
eel lf I po4oned him instead of shooting him, it was not to
be that A was to escape brogan the manner in
w diocese was committed was not that which M had
ordered. But if one pot tion of this OVANDO wee tree,
able actually saw the &reseed tied le die
and mai no lIIIIKOSAMICO with hie eseced eller rim tie:
subject. It inlightlased that Ilitobell,astlag by Illee oedema
of ate saperier was jostiflNl, Lut his lordship explained that
juatilleation of this bind oolv held good in law in special
rms., each ea the ei tiny an a hostile matter as
ioreesare la a ear, ether authceised by her Majesty, or

afterwards ratified by her. Then, was another qua-
tion—santely, Si to the character of the offence
committed. The prisoners wan indicted for man-
slaughter; sad as the prosecution was in the hands of the
Treasury, he should be relieved from giving any directions as
to the shape which it would assume. Hs felt bound, how-
ever, to observe, that the malignity which could command,
end any that command into effect, of putting a human being
into a piece where his life was in danger from fire—the as-
sumed illepal authority of torturing a roan even because he
did not do his work—did, in his °pinkie, stead for make
both in fact and in law, and malice wu that which, added to
manslaughter, made the offence murder. He had felt thus
bound to dwell upon this nee, because its gravity demanded
it ; and ha should spare no exertion and as time in exposing
the circumstances and expounding the law, with regard to
a case which if passed over or lightly treated, seemed to bine
very likelyto ennWnte the cantos of inferior officers for the
commend of the master ; a state of opt reasion for
a Mare of duffel thedieses, and cruelty foe discipline.
The grand jury then retired to their dada.