The Sun.
London, England, 1855-02-22 00:00:00

RAILWAY TRAFFIC RETURNS.

GREAT NORTHERN RAlLWAY.—Traffic return for the
week ending Feb. 11, 1855 £16,649 15 9
Corresponding week last year 19,411 1 1
LONDON AND SOUTH-EASTBRN RAlLWAT.—Traffic re-
tara for the week ending Feb. 17, 1855 £10,950 18 9
Corresponding week last year 12,749 6 9

Decrease in

£1,708 8 0

LANCASHIRE AND YORKSHIRE RAlLWAY.—Traffic re-
turn for the week ending Feb. 18, 1855 £17,380 2 11
Corresponding week last year 17,658 16 6

GLASGOW AND SOUTII-WESTERN RAlLWAT.—Traffic re-
turn for the week ending Feb. 17, 1855 £4,945 11 8
corresponding week last year 4,895 2 4

'norms° in 1855 £so 9 4

LAW INTELLIGENCE.—Feb. 21.

COURT OF QUEEN'S BENCH.

SPEILMAN V. THE GOVERNOR AND COMPANY OF THE BANK
OF ENGLAND.-ROBBERY OF NOTES.

This was an action brought against the Governor and
Company of the Bank of England, to recover the sum of
1,0001. and interest, on two bank-notes for 800/. each,
which had been refusel payment by the Bank.
The defendants pleaded that before the notes were pre-
sented for payment they had been stolen from Messrs.
Brown and Shipley, of Liverpool, and that the plaintiff
had taken the notes without value, and with notice that
they had been so stolen.
The Attorney-General and Mr. Hawkins appeared for
the plaintiff ; Sir F. Kelly and Mr. Bevill represented
the defendants.

The proof of this issue being on the defendants,
Sir F. Kelly stated the case to the jury. He said that
he had the honour to appear as counsel for the Bank of
England, who came here to-day to resist payment of the
two notes of 5001. each, of which the plaintiff was the
holder. It was with great reluctance that the Bank ap-
peared to resist the claim, but they felt called on to do sn
and to lay before the jury the case which he was in-
structel he should do. The case affected the commercial
intereAs of England and France, and also the interests
of justice in both countries. The plaintiff, it would ap-
pear, was a bullion merchant in Lombard-street, Lon-
don, and ho claimed the payment of these notes from the
Bank of England under the following circumstances :
On the 13th Nov., 1852, Messrs. Brown and Shipley, of
Liverpool, received large remittances, aenongst which
were five notes of the Benk of England for 5001., and
other notes, amounting to 5001. These notes were sent
to the Branch Bank of England at Liverpool for trans-
mission to London. The notes wore given to a clerk,
who was robbed of the notes in the bank. The
Messrs. Brown and Company did all they could to pre-
vent the notes being taken by any banker or money-
changer. Tney called in the aid of the po.ice, who caused
notices of the robbery; with the number of the notes, to
be printed in English and French, and circulated amongst
all the bankers and money-changers in Europe. No-
thing, however, wae heard of the notes until June, 1854,
when one of the five notes was presented for payment,
by a clerk in the employ of the plaintiff, at the Bank of
England. The note was stopped, when the clerk said
that he thought something was wrong, as they had been
ordered to telegraph to Paris if the note was stopped.
A reference was made to the plaintiff, who came to the
bank. He said he had received the note from a person
named Monteaux, at Paris. The note weal returned to
him, and he was told that payment would be refused.
The question for the jury would be whether in this case
the plaintiff was the bona fide holder of this note for va-
lue, or whether his brother, Meyer Speilmane, who is a
money-changer in Paris, was. If they were aware at
the time they took the notes that they were the produce
of a felony, then they were not entitled to recover on
the notes. If it was shown that the notes . were stolen
notes, then the claimant was bound to show the bona
fides of his conduct, and that he gave value for the notes
without notice of the felony. Facts would be laid be-
fore the jury, which it was thought would leave no
doubt in their minds that the plaintiff and his brother
were both aware of the fact of the notes being stolen.
It would appear that these stolen notes did not see the
light from November, 1852, till June, 1854, when the
fire 5001. notes found their way into the hands of five
money-changers in Paris, two of which came into the
hands of Meyer Speilmann, a money-changer, in the
Rue Tivienne, at Paris ; and he sent them over to his
brother Adam, who presented them to the bank. On
inquiry being made, the most conflicting statements
were given as to how they became possessed of them,
and by all that could be learnt there weal little doubt
that these money-changers in Paris held themselves out
to be the receivers of stolen notes of this description, on
what terms it was net known. The learned counsel
then detailed the facts, which were afterwards proved in
evidence, on which he. relied to show the male fides of
the plaintiff and his brother when the received the notes.
The Attorney-General said that he was quite satisfied
that Brown, Shipley, and Co., were robbed of these
notes, and would not put Sir F. Kelly to prove that.

It was then admitted that the robbery was on the
13th of November, 1852, in the Branch Bank of Eng-
land at Liverpool, where Brow!' and Co.'e clerk was
going to deposit them. The number of the two notes
sued un were 93,076 and 93,509, stg.d they were of the
same date.

A. number of witnesses hiring been nailed in support'
of the defendant's case.

The Attorney-General addressed the jury for the plain-
tiff. He said that no doubt this defence, though the
defence of the Messrs. Brown, and not of the Bank of
England, was an honest one ; but the real question was
not between the Bank of England and the plaintiff, but
simply between him and Brown and Shipley. It was
admitted that the notes were stolen from that respectable
firm, but there was no proof whatevereither that Meyer
Speilmann or Adam Speilman had ever received any
notice of that robbery. It was clear that some person
connected with that robbery had gone to Paris and
passed off the various notes, one each to five money
changers in Paris, at a time when he thought the money
changers had forgotten all about it. The learned
counsel then commented at length on the case set up by
the defendant, and said that he should call witnesses
before them who would most clearly show the complete
bona fides of the whole transactions from the beginning
down to the present moment.
. .

The plaintiff, his clerk, and an agent of police at
Paris, were then examined in support of the case.
Lord Campbell, in summing up, said that he was
truly glad that the determination of this case was to be
submitted to such a tribunal as a special jury of the City
of London. It was a pure question of fact, which was
peculiarly for, gentlemen of their experience of the
world and knowledge of business to decide on. He
(Lord Campbell) did not think it would tend to assist
them to read over all the evidence which had been given
in this protracted trial. He would therefore first give
them his direction in law, and then comment on the lead-
ing features of the case. Now it was admitted that
these notes were stolen, and that being so, those who
claimed upon them must show their title. Generally, if
a party sued on a security of this kind it was enough
to show that he was a holder, but here there had
been a stealing of the security, and the party claim-
ing on it must show that he gave value for it, and that
bona fide—that was, fairly and honestly. The ques-
tion, therefore, which he should leave to them was,
first, whether Meyer Speilmann became the holder of
these notes bona fide and for value. With regard to
the notice said to be served on Adam Speilmann and
Meyer Speilmann, it had been contended for the de-
fendants that if tkat was proved it was conclusive in
favour of the defendants. That was not so, but no
doubt it would be strong evidence to show mala fides.
His lordship then commented on the evidence at some
length, and eventually left these questions to theNjury :
First, did Meyer Speilmann become the bona -fide holder
of the notes for a valuable consideration on the 25th of
June I Secondly, did Adam Speilmann receive them
bona fide as a remittance from Meyer Speilmann t And,
third (at the request of the defendants' counsel), whether
the notices were left at the place of business of Meyer
and Adam Speilmann
_ _ _

The jury retired to consider their verdict, and, after
being absent a considerable time, came into court and
said that they could not agree on the specific questions
which his lordship had proposed to them, and wished to
know whether they could not give a general verdict ?
Lord Campbell said that he wished a separate answer
to be given to th• questions.
The jury then found the third question in the affirma-
tive.

His lordship haring handed the two first questions on
paper to the jury, they retired.
The court did not rise till after tett o'clock.

A letter from Vienna of the 15th, in the Cologne
Gazette, says :—" The Austrian troops in the principali-
ties have just received reinforcements, particularly in
infantry and artillery. The sanitary state of these troops
is excellent. The rumour of the formation of a 13th
corps-d'armde is acquiring additional con ititency ; it is
to be concentrated, the report goes, near this city, under
the orders of the Archduke Charles Ferdinand."
EXPLOSION AT THE EQUITABLE COMPANY'S GAS
WORKS, Yesterday morning, between 9 and 10
o'clock, an explosion, attende with fatal results, oc-
curred at the works of the Equitable Gas Company,
situate at Thames-bank. It appears that owing to the
coldness of the main pipes, consequent on the frost,
the gas had become deteriorated in quality, and to re-
medy this communicating pipes have been sot up between
the boilers of the engines and the " primary mains.,
By this means the temperature of the pipes is increased.
To keep the steam, however, from entering the mains,
during the time they are filled with gas, cocks are fitted
in the centre of the communicating pipes. It would ap-
pear that one of these cocks was in an imperfect
condi-
tion, and allowed the gas to pass from the main into a
boiler which was being cleaned out. The consequence
was a tremendous explosion of the boiler, caused by the
introduction of a light by a man named Parsons, who
was inside cleaning it out. The boiler was shattered to
pieces, the windows of the engine-room blown out, and
the brick roofing of the boiler scattered in all directions.
Parsons was killed on the spot, his body being fright-
fully mutilated,

PUBLIC WORKS OF VICTORIA.

(Peon?, the Melbourne Age of Nov. 24.)

In undertaking to describe the position of Victoria
with regard to its advancement in angineering projects,
we can only give a general outline,. .as more than this
would require considerable comment, :for -which we can-
not afford space at present. One general opinion may
be given on the public works of Victoria ; namely, that
in order to meet the wants of an a!raost overwhelming
increase of population, within a vary short space of
time, most of the works were commenced and carried on
without that regard to prver management, or due sense
of public importance—a system of well-Zigestod plans_
and, above all, the advantages or demerits in a pecuniary
view—which all objects of such a nature neceekerily re-
quite, and which in future may be demanded as of im-
perative importance.
To an engineer entering Port Philip Bay a stra,n,'e
scene presents itself. Such a magnificent harbour, with
one of the smallest and most insecure entrances that
can well be conceived. A geologist would at once say
that Port Philip Bay mint have been at one time a
lagoon or lake, and that the pressure of water, either in-
ward or outward, broke away the bank, and formed
the opening, which is now the entrance at the

This rude opening has been se loft, Nsithout the slight-
est attempt having been made to improve it ; and still
remains an eyesore and discredit to the mercantile cha-
racter of Victoria.

Approaching Melbourne flom Port Philip Bay, the
first consideration will be, the navigation of the river
Yarra Yarra, which is only open for the purposes G f
navigation to the south-west corner of Melbourne, in
consequence of a weir being across tile ricer, and fami-
liarly called the Faih:, at a short distatnce below Prince's
Bridge, for the purpose of having a.' constant supply of
fresh water for the uses of the city. This river, for its
navigable distance, can be only compared to a ship canal,
not averaging more than 100 feet wWe.
The wharves along it are very insufßaient and unsuited
for the shipment and discharge of such a vast quantity
of goods as the necessities of Melbourne and its vicinity
require. There is one small dock completed, measuring
about 250 feet by 90 feet. There is also a patent slip,
which, small as it is, may lead to the construction of
others of greater magnitude and importance.
The streets of Melbourne, up to a very recent period,
have been in a most dangerous and disreputable condi-
tion. During the last twelve months vast improvements
have been effected, and the streets are now, in the prin-
cipal parts of Melbourne, with a few exceptions, in good
and travelable order. _ . .

The stone which is used for making and repairing the
streets is basaltic rock, hero commonly called blue
stone, and in its wear it still rei-ains a property of its ori-
Onal volcanic character—that of presenting hemi-
spherical surfaces, or rounded lum vs, from the effects of
traction, or the influence of the wea-thor, while rocks of
an aqueous and stratified character a."e worn, and are
always cut up in long and apparently s tr.atificd ruts.
Melbourne being subject to great sho ers, or clouds
of dust, it is rather an anomaly to see the b'r,oken stones
on the streets covered with a layer of loam,. which in
wet weather forms a hard as tenacious as paste,. -3",1
dry weather only adds to the disagreeable volum?s of
dust.

The footways of Melbourne have not been improved to
the same extent as the streets. Figs are not procur-
able in Victoria, and the delay consequent on importing
them will retard for a considerable time the improve-
ment of the footways. Altogether there are about 800
yards in length of footways flagged. Asphalts has been
tried as flagging, and will very likely prove successful,
but, like all irrieous formations, it will wear off in round
and bulldog lump.
The roads of Victoria are in a very unimproved state,
and during the winter months almost impassable, the
expense of making them being from 5,0001. to 8,0001.
per mile ; only a few miles have as yet been completed,
—if making a road without proper and sufficient drains
can be termed completing one. The principal roads a: e
from Melbourne to Ballarat, 75 miles ; Melbourne to
Mount Alexander, Kyneton, Castlemaine, Bendigo, and
Mount Korong, various distances ; Melbourne to Kii-
more, and Ovens diggings, 190 allies ; Melbourne to
Sandridge, Geelong, Brighton, &c.
The only railway completed is from Melbourne to
Sandridge, two miles in length ; the distance being short
it is doubtful whether it will ever be a remunerative pro-
ject, unless under very economical management. The
curve at the Melbourne terminus is exceedingly awkward,
and, all circumstances. considered, the outside rail has
been laid unnecessarily high, and the carriages passing
present a very unseemly appearance_
The railways in progress are from Melbourne to Gee-
long, which will be completed in about twelve months,
and the Melbourne, Mount Alexander, and Murray
River Railway, with a branch to Williamstown. This
branch will be completed in about twelve months, with
that portion of the trunk line between Melbourne and
the S,alavater River. To complete the remainder of the
trunk line between Melbourne to INfon,et Alexander,
&c., will depend on the financial condition' of the com-
pany. These two main lines of railway w,lll open up
very important districts of country, and, sh ould the
latter line be extended to Sydney, it will form a great
arterial line for the greater portion of Australia. The
branch to Williamstown will, to some extent, be n (Om-
peting line with that to Sandridge, with steamers b^-
tween Sandridge and Williamstown ; but as the greater
portion of the branch line to Williamstown, including
the trunk part between Melbourne and the Saltwater
River, will be made use of by the Geelong and Mel-
bourne Railway Company, there can be little doubt of
the success of the Williamstown branch.

A short line of railway, from Melbourne to Brighton,
is in contemplation, which is likely to be remunerative.
In the laying out of railways in Australia it would
be a most judicious plan to open the main lines first,
and, afterwards, to make the branches as nearly as pos-
sible at right angles to the trunk lines; or, to use a
homely phrase, to put on the back-bone before supply-
ing the ribs. And as it may reasonably be expected
that the subject of railway communication will occupy
a great share of public attention. a well-digested scheme
to start with would be most desirable.

First, as to the lines, their position, and magnitude ;
and, secondly, the nature and extent of the traffic, and
the speed which could be attained in working railways
in an economical manner. The first will greatly de-
pend on the financial resources of the colonies ;
the second will depend oa the physical features
and requirements of the country. Great speed
should be attainable for passengers only, and slow rates
of speed for goods traffic. In these matters a question
will naturally suggest itself—Are railways best suited for
the conveyance of heavy goods at slow rates of speed,
or could a high rate of speed be attained without seri-
ous loss to the shareholders ? Another question might
also arise, how a railway could be constructed so as
to admit of the greatest amount of traction at the
smallest pecuniary loss And a subject of great im-
portance would be—the time which would be occupied
in completing a general system of railway communica-
tion, and what should be done, in the interim, to facili-
tate the traffic to the interior, by making the common
roads at least passable. It might he well worthy of
consideration, in opening interior communications,
whether inland navigation might not be' conveniently,
economically, and judiciously introduced, with a
single rail, on one bank, of the principal canals. In-
terior water communication would possess many other
advantages, as, in order to feed them, reservoirs
should be made in different parts of the country, and
water might be collected in winter to meet all the neces-
sities of the inhabitants in summer, as well as for the
purpose of ministering to the wants of interior naviga-
tion. The reservoirs could be so arranged, as that all
the towns through the interior of the country might have
a constant supply of water. The reservoirs might also
be made of very great importance in affording water fur
the purposes of irrigation and the promotion of agricul-
ture; and, ultimately, in supplying corn mills with
water power, so that the food of the country might be
grown and manufactured in it. And in case of such a
revolutionary change being made in the economical cir-
cumstances of the colony, the traffic would be from the
interior to Melbourne, instead of being, as at present,
from Melbourne to the interior.

To carry out this business in a proper and efficient
wanner, and which would be remunerative to the share-
holders in companies, which might be established for
such purposes, it would be necessary to reduce the price
of labour to an extent that would enable Victoria to be-
come a colony capable of exporting some of its cereal
produce.
The next subject, and the one of greatest importance
to Melbourne, is the water supply and sewerage. Large
public works with this design in view are in progress,
but it will be a long time before anything really effective
can be accomplished. One of the most desirable ques-
tions to be decided, in connection with this subject, is,
where, on the north side of the river Yarra, can the
principal sewer be made to discharge itself, and what
can be done with those from Collingwood and Richmond
flats ?

It is earnestly to be hoped that the projectors of all
the 'various improvements necessary for the colony of
Victoria will, in the performance of their arduous and
various duties, act in a spirit of expansive liberality.