The Sun.
London, England, 1855-02-01 00:00:00

E SUN, LONDON, THURSDAY EVENING, FEBRUARY l, 1855.

LAW liV TELLIOBNCE.—tran. 31.

CRIMINAL COURT.—Jan. 31,

AUSTRALIAN LAND AND MINING
COMPANIES.

CHANCERY COURTS.
(Before Vice-Chancellor Sir John Stuart.)
MI/TINGE T. THE LONDON AND BLACKBALL BAILIN/AT

OLD COURT.

(Before Mr. Baron Parke and Mr. Justice
Ilannah, Marks Pepkin,t, 20, a good-looking young
woman, was indicted for the wilful murder of her male

The subjoined communications have been received
from Australian land and mining companies :
COLONIAL GOLD,
The company have received advices by the Calcutta
from New South Wales, dated the 27th of October, 15
days later than those received per the Great Britain.
The mining reports advise that at Louisa Creek the ire.
provement in the produce of quartz continues since the
system of sorting has been adopted, although the lode is
found to be poor towards the south. On account of the
scarcity of colonial labour the alluvial operations had
not increased, but it was intended to remove the en-
gine to a mere convenient position, and adapt it to
pump water to supply half a dozen tome, so that a
larger quantity of stuff would be got through. At
Tambaroora the works had progressed as rapidly as
could be anticipated ; the large dam was entirely com-
pleted, the engineers and carpenters were getting on
fast with the machinery for the stamps, the kilns
for calcining were being built, and it was expected the
stamping operations would be commenced soon after the
turn of the year. Captain Paull remarks—" I see no
change in the Royal Vein worthy of remark. We still
continue to raise quartz, which appears to be much the
same. We hare discovered a quantity of stuff on the
surface towards the creek, some of which is ♦ery rich.
As the shaft going down proved rather expensive, the
ground being hard, I put the miners to stope away the
piece of ground between it and the old shaft, which
proves to be first-rate stuff, and the vein is a good size."

COMPSIIT.

illegitimate child by cutting its throat.
The evidence appeared in our impression of yesterday.
The jury retired, and were absent for more than as
hour, when they returned into court, and gave a verdict
of Not Guilty of murder, but Guilty of concealing the
birth of the child.

The plaintiff in this suit is the occupier of warehouses,
a boiling-house, a yard, and premises, constituting to-
gether his manufactory, at No. 1, Christian-street, on
the line of the above railway, over which one of the
arches of the railway passes. The plaintiff by his bill
sought to restrain the company from summoning a jury
to ascertain the amount of the purchase-money of his
premises, proposed to be taken by the railway company,
or the damages to be occasioned thereby ; and also from
issuing their warrant to the sheriff to summon such jury,
and from taking any proceedings at law in respect of the
premises ; and also from entering into or taking posses-
sion of, or from constructing any covering over his manu-
factory. It appeared that the railway company, being de-
sirous to widen their railway, obtained powers to do so
by a special act some years since, and by subsequent acts
their powers to take lands, compulsorily, for the pur-
pose, were extended until the 27th of July, 1853, after
which time they were not to be exercised. On the 30th of
June, 1853, the defendants served °a the plaintiff the
usual notice to take a small part of the yard, part of the
manufactory, and, as an easel-seat, to widen their arch
across the yard of the manufactory. The plaintiff, on
the 11th of .July, 1853, under a provision in the Leads
Clauses Consolidation Act, gave notice to the defendants
that he declined to let them take the part they wished,
but offered to sell them the whole of the premises con-
stituting his manufactory. Although the compulsory
powers of the company ceased on the 27th of that
month, the company did nothing on this notice until the
9th of Sept., 1854, when they proposed to go to a jury
to assess the value of the plaintiff's premises ; upon
which the plaintiff insisted that the compulsory powers
of the company were gone. On the 2d of Nov., 1854,
the company gave the plaintiff notice of their intention
to proceed to procure a jury to be summoned to assess
the value of the plaintiff's promises. This bill was
filed on the 7th of that mouth to restrain such proceed-
' ing. An undertaking was shortly afterwards given by
the defendants to do nothing until the motion for an in-
junction, which stood over, should be decided.
Mr. Malins and Mr. Steero, for the plaintiff, mow
brought on the motion, and admitted that the notice of
the 30th of June, 1853, was a good notice ; but they
submitted that the plaintiff's notice, requiring the com-
pany to take the whole manufactory, put the company
to the necessity of giving a fresh notice, binding the
company to take the whole manufactory as a prelimi-
nary to the exercise of any compulsory powers, because
if they did not do so they were not bound to t else the
whole, and the non-existence of such a notice was fatal
to the validity of the subsequent proceedings, which,
according to the Lands Clauses Consolidation Act, im-
plied the existence of such a document.
Mr. Rolt and Mr. Green, for the company, submitted
that the plaintiff was entitled to no injunction, en the
ground, mainly, that the company's first notice being
admitted to be good, the plaintiff's counter notice must
be held to be imported into that notice, and the two
formed an amalgamated notice ; and that being so, all
the subsequent proceedings were regular ; and they sub-
mitted that the 0180 was decided in principle by " Pin-
chin v. the London and Blackwell Railway Company,"
reported Ist Kay and Johnson, p. 34.
After a very lengthend argument,
The Vice-Chancellor, after recapitulating the case, said
that upon the whole it appeared to him that there had
been an assent by the company to take the whole manu-
factory, according to the notice of the plaintiff, and that
all that remained to be done was to take proceedings to
assess the value, which the company were proceeding
to take. He thought the company were not too late in
expressing their assent to take the whole manufactory,
awl he meet refuse the motion.
The court did not rise until after six o'clock, although
this is the last day of term. His Honour will sit to-mor-
row to dispose of a part-heard cause-Tichner v. Smith.

Mr. Baron Parke directed the prisoner to be at once
brought up for judgment, and, addressing her, he said
that the jury bad acquitted her of the dreadful crime
with which she was charged, and he hoped that their con-
science went wirh the ♦erdict. She could only now be

punished for the offence of misdemeanour ; but, looking
at all the circumstances of the case, he felt that he could
do no less than pass upon her the full amount of punish-
ment fixed by the law for that offence—namely, impri-
sonment, with hard labour, for two years.
Charles Lyon, 44, was indicted for the manslaughter
of Jane Lyon.
Mr. Clarkson prosecuted. The prisoner was defended
by Mr. Ballantine.
This is one of those melancholy cases in which a wife
appeared to have lost her life from the brutality of her
husband. The prisoner, it appeared, carried on the
business of a greengrocer Bad chandler in Arthur-street,
New Kent-road, and the deceased woman, to whom he
had been married a great many years, and who had born
him fourteen children, six of whom were alive, resided
with him, and it appeared that they quarrelled very fre-
quently on account, as was alleged, of the intemperate
habits of the deceased. On the evening of the 19th
January the prisoner was seen to thrust the deceased
with great violence out of his house and shut the door
after her, and upon her going across the road to the house
of a neighbour named Lennard, he observed that blood
was literally streaming from her person, and she ex-
claimed that her husband had kicked her, and that he
was her murderer. Medical aid was sent for immediately,
but she died the same night, and it turned out upon a
post mortar' examination that the femoral artery had been
ruptured, apparently by a kick, and that death was the
result of the hemorrhage that ensued. When the pri-
soner was first questioned he denied haying kicked his
wife, but said that he had given her some money to buy
a bonnet with, and that she got drunk and spent it,
and when he remonstrated with her, she flew at him
and seized him by the threat, and on endeavouring to
extricate himself a struggle took place, and the decea,ecd
fell down two steps, and he kicked against her acciden-
tally. A son of the prisoner, who was examined as a
witness, said that his mother was frequently very violent,
and that she was in the habit of throwing teacups at his
father, and that she had also frequently threatened to
stab him. The surgeon who was examined also said
that when he saw the deceased she appeared under the
excitement of drink.
Mr. Ballantine, in addressing the jury for the prisoner,
said that although it was very natural that acts of vio-
lence of this description should create a feeling of dis-
gustatind n
e it
tno thefora
am
a srna ni
certainlyn
whod c ) f h every
impossiblevetr yh e one,
misfortune 1
to
to
moefoeh
euallvdec
o a drunkennmotrn ise.
help
ra
thinking that if they knew all the circumstances, and
were aware of the misery that a man in the position of
the prisoner was frequently compelled to endure during
the whole of his existence from having the misfortune to
be allied to a drunken worthless wife, they would in
many of these cases be compelled to come to the conclu-
sion that the man was really the victim, and that he
was not the most to blame. In the present case the
prisoner, cut of his hard earnings, had given his wife
money to purchase some articles of wearing apparel, and
instead of doing so she squandered the money and came
home drunk. Under these circumstances, what was
more likely than that a quarrel should take place l But
he urged that there was no positive proof that a kick had
been inflicted by the prisoner, and that the probability
was that in her drunken state she had fallen down, and
that the injury was inflicted accidentally in the way the
prisoner had stated.
Mr. Justice Williams having summed up, the jury
found the prisoner guilty, but recommended him to
mercy on account of the provocation he bad received.
His Lordship, in passing sentence, said that the pri-
soner had been convicted of a most disgraceful and un-
manly act, but at the same time he could not say that
there were no circumstances in the case which to some
extent mitigated the offence be had committed. It was
not improbable, and the jury evidently believes it to be
a fact, that he had received a good deal of provocation,
wife. His offence, however, was of a very serious cha-
racter, and the court would neglect its &sty if it did
not pass upon him a sentence of some severity. Ho
then ordered the prisoner to be kept to hard labour for
one year.

PEEL RIYER.
In the memorandum given by the Peel River Land
and Mineral Company yesterday evening it should have
been added that Captain Price, as the agent for the
Cordillera Company, had refused to deliver up posses-
sion of the land leased by that company, as he ought to
have done, on the 18th of September last, claiming to
hold the same until the 19th of December, 1854.

KA.PUNDA.

The Kapunda Mining Company of South Australia
have received advices to the 24th of November from
their agents, stating that the supply of labour at the
mines was largely on the increase, and that since their
advices in September the number of tributers had been
nearly doubled, while in other descriptions of labour
there was an almost abundant supply at fair wages,
the disposition to leave for the gold fields being con-
siderably abated, if not entirely given up. The cap-
tain's report accompanying these general comments de-
scribes all the lodes and workings in the mines as
highly satisfactory, the tribute pitches being eagerly
taken at the captain's prices, and the quantity and quality
of ore raised highly encouraging, some being as high as
42 per cent., the average of the workings being about 28
per cent. of pure copper. Upwards of 200 tons of this
quality has just been shipped to England by the Adceste
and John Hullett, and 150 tons more were about to be
shipped in another vessel. During the time the mining
operations were so seriously checked by the want of
labour these mines had been kept clear of water, and in
a state of readiness for the resumption of work whenever
miners could be obtained.

ADELAIDE LAND AND GOLD.
The Adelaide Land and Gold Company has received
despatches from the committee at Adelaide up to the
24th of November last, at which date the affairs of the
company were progressing favourably ; 332 acres of
laud had been purchased at a cost of 5161. ; 313 had
been sold at a price to yield a profit of 2121. ; and 439
had been leased to tenants.
The result of the ballot at the meeting of the Mari-
(pita Mining Company to-day has been a large majority
in favour of the proposal for issuing debentures.

(Bafore Vice-Chancellor Sir W. P. Wood.)
HILL V. TEM SOUTH-RABTIRN RAILWAY COMPANY AND

OTHERS.

This WAS a motion for an injunction to restrain the
railway company, and the other defendants, who were
the owners and crew of a ♦essel called the Eliza, from
prosecuting certain actions which hael been commenced
in the .A.dniiralty Court, and to restrain them from com-
mencing► any other actions in that or any other court
against the plaintiff, the owner of the vessel called the
Clara, in respect of any damage or less occasioned by a
collision between the two vessels. The facts as stated
in the bill were that the Clara was a brig of 192 tons,
and left Woolwich, in ballast, in September last, with a
crew consisting of a master and seven men. In the night
of the 23d of September she came into collision, near the
Gun-fleet Light, with a schooner called the Eliza, which
was laden with iron. The result of the collision was,

t"2X." iff Ct-trzra, 11C trit .r 4 11‘7? T r7fdTAdLc

wife and two children of the master were drowned, part
of his private effects was lost, some personal injury was
also suffered by himself, and several of the crew were
lost. The value of the brig Clara at the time of the col-
lision was stated at 1,2501. On the 30th of last Septem-
ber the owners of the Eliza commenced an action in
the Admiralty Court, on behalf of themselves and the
rest of the crew, against the plaintiff, in a cause civil
and maritime; for the purpose of recovering from the
plaintiff the value of the Eliza, and of the effects of the
master and crew. The Clara was seized under a war-
rant from the Admiralty Court in that action, but was
released on bail being put in. The allegation upon which
the action was founded was, that the collision was caused
by the improper navigation of the Clara, but this the
plaintiff did not admit. The bill then alleged that the
plaintiff apprehended that claims would be made seeking
to cast upon him liability in respect of the lives lost, and
the personal injury to the master, and that the railway
company had commenced an action in the Court of Ad-
miralty, in respect of the alleged liability of the plaintiff
in respect of the loss of the iron. These liabilities the
plaintiff expressly stated that he did not admit. The
plaintiff then alleged that he was desirous of having the
amount of his liability, if any, determined by the Court
of Chancery, and to have such amount, if any, distri-
buted rateably among the several claimants who had
made, and should within such reasonable time as the
court should direct, make and establish any claim in re-
spect of such liability.
Mr. Bolt and Mr. Martindale, in support of the mo-
tiou, relied upon the 17 and 18 Vic., c. 104 (tho Mer-
chant Shipping Act), part 9, sections 504 and 514, by
which (sec. 504) it was enacted that no owner of any
sea-going ship, or of any share therein, should be answer-
able in damages to an extent beyond the value of the
ship and freight due or growing due during tke voyage,
in cases where any of the following events occurred
without his actual privity or fault—viz., firstly, where
any loss of life or personal injury was caused to any per.
son carried on such ship ; secondly, where any damage
or lose was caused to any goods, merchandise, or any
other thing whatsoever on board such ship ; thirdly,
where any loss of life or personal injury was, by reason
of the improper navigation of such sea-going ship, caused
to any person carried on board any other ship or boat ;
fourthly, where any loss or damage was, by reason
of such improper navigation, caused to any other
ship or boat, er to any goods, merchandise, or other
things whatsoever on board any other ship or boat,
with a proviso that in cases of injury to passengers the
value of the ship should in no case be taken to be less
than 151. per registered ton, and that (sec. 514) where
any liability had been, or was alleged to have been, in-
curred by any owner in respect of loss of life, personal
injury, or loss of, or damage to ships, boats, or goods,
and several claims were reads, or appreheaded, in re-
spect of such liability, then (subject to the right of the
Board of Trade thereinbefore given) it should be lawful
fee- the Court of Chancery in England or Ireland, and
the Court of Session in Scotland, and in any British
possession, for any competent court to entertain pro-
ceedings at the suit of any owner for the purpose of
determining the amount of such liability, subject as

There can be little donbt, from what has been dig-
covered since the horrid murder i❑ this town, that the
girl Laws, the servant, is the murderer of the old lady,
Mrs. Bacon. When the body was found in the bed-
room, it was surprising to every one present, including
the high constable of the tows and Major Boys, one
of the county magistrates, that no marks of blood
were seen on any part of her dress or on her person
except the crows of the head, which had been
beaten in by the hatchet which was found in the coal-
cellar with blood and hair on it ; neither were there
any marks of blood in the room or approaching to it,
which is considered remarkable and mysterious. It was
evident that the body had been placed there by some
one, and carried up, and not dragged up, as was first
considered. The body was partly dressed, having only
the under-clothing on, with a coloured petticoat and
stays, all perfectly clean. The stockings had not a soil
on them, and the shoes were off the feet. It now turns
out, from what is disclosed, that, as some suspicion
arose from the appearance of the dress, that that dress
was not the one she was murdered in, a strict search
was made by Thomas Everest, the county superin-
tendent constable, and in the water-closet at the back
of the dwelling he drew out with a stick the whole
of the apparel the poor old creature was murdered in.
There was also a shawl, and front its being pinned it is
clear that after the murder had been committed the shawl
was tightly put over the head, and firmly fixed, for the
purpose of preventing the flow of hemorrhage from the
crown of the head, as the false hair belonging to the
deceased, with a cap, was inside of it and clotted
with blood. The gown which the deceased wore that
morning had been torn off her back, and that appeared
also saturated with blood, as well as other articles of
dress. The murderer, therefore, must have taken the
trouble of washing the deceased and putting onfresh cloth-
ing after life had ceased to exist. It is said that
the girl is not quite 16 years old, and that, although
so young, ■he is well known to some of the police at
Rochester, as keeping bad company and associating with
the worst of characters. In consequence of the gold
ring and the gold brooch which dropped from the bosom
of her dress, on her being put to bed in the hospital at
Fort Pitt, proving to be those of her late mistress, in-
quiry has been made, and a silk dress belonging to Mrs.
Bacon has been found at Mr. Week's, pawnbroker, at
Chatham, which was pawned by the girl about 6 weeks
back. There has not been a murder in Chatham for
nearly 20 years. Up to yesterday afternoon the girl
remained in the hospital in a very low condition, and
refuses to make any statement.

thereinbefje mentioned, an for the distribitionof suoh
amount rateably amohgat the were' claimants, with
power ie= Any suck court to step all actions and suits
peading in any othoV court is relation to the same sub-
ject matterl, and any proceeding entertained by such
court might be conducted in such manner, and subject
to such regulations as to racking any persons interested
parties to the same, and as to the exclusion of any claim-
ants who did not come is within a certain time, and as
requiring security from the owner, 'and as to the judg-
ment of costs as the court should think fit.

Mr. Willcock, en behalf of the defendants, contended
that the act did not give any jurisdiction to the Court
of Chancery, except in cases in which the party admitted
kis liability, and where, consequently, the only question
f•or the court to decide was the distribution of the fund
among the several claimants.
The Tice-Chancellor sail that the question raised
was an important one in respect to the construction of
the Act of Parliament. The object was to protect ship-
evrners in cases of any unfortunate liability, and gave a
limit to the liability in such cases ; and the amount for
which the owner became liable in such Cages then
became a common fund to answer all ; and it
would be manifestly unjust tr', allow one person to come
12.7., whole of that amount, or, on
allow the owner who admitted
the
n
other swallowhan nip() t
his li iiity to be harassed by actions. The pro-
cneding was in the nature of an interpleader bill, where
the party admits his liability and brings the fund into
court. The section in the new act was in some respects
wider in its terns than the old act of George 111. ; but
it never could have been the intention of the Legisla-
ture that all the machinery mentioned in the act should
be set in motion and all the prowielings taken, when
after all it might be found that the whole thing was
about nething.l The argument rested upon the introduc-
tion of the words " where asy liability was alleged to
have been incurred," but those words might be explained
without putting the construction contended for by the
plaintiff upon them. As the plaintiff, therefore, did not
admit any liability at all, that question must be tried
and decided in the proper court,
and to present motion
must be refaced with

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vs. !,"*._ •_

PRICES OF SHARD'S
IN BANKS, ASSURANCE, AND OTHER COM
PANIES' STOCK.

From the Official List.
PUBLISHED EYERY TUESDAY AND FRIDAY EVENING
LONDON, FRIDAY, JAN. 26, 1855.

- t
A

co z,7

RKBTS.

.ThE,.EoDwleNreßiUngthGegma3ll
kEeAt Lto-MAdayß,
ISBB9:o;loA3L9so'ir-all
weighing 2801bs imperial, which sold thus :-0
0 at O. Os Od, and 0 at CIL Os.

GAS-LIGHT AND CO ~..............--.-4P"TES*
Dividend Amount
Name of Company. per of Paid. I Price.
Annum. j Share.
-- -----
, X s. d. £ s. d. 1
British ••••••.. •• •• .. —.- • . —. .
Ditto Provincial •• .. 11. Ss. 20 0 0 20 0 0 21
Brighton ••••..•• •• ~ 5/. 20 0 0 20 0 0
:ity of London .. •• •• 41. 10s. 100 0 0 150 0 0 100
...:entinental (3d Cap.)... 41. 10s. /0 0 0 43 10 0 '
Equitable -. •• •• .. •• •• I/. ss. 50 0 0 all 28
Great Central ....... 71 per cent. 10 0 0 all 10%
Imperial .. • • ........ 101 & bonus.; 50 0 0 all ..
Independent ... •• .... 11. 40 0 0
Pr
London.• ...... •• •• •• _ 50 0 0
9 /
Do., Parl. Preference 61. per cent. 25 0 0 25
preecix .••.. •• ...... 41. per cent. GO 0 0 50 U 0 38%
Ratcliff .. •• • ....... 41. 100 0 0 90 0 0 73
United General .• •• •• U. as. 50 0 0 all 20
Westminster Chartered V. per cent. I, 60 0 0 ~ 401,4,
Ditto, New ........ , 51. per cent. i5O 0 0 10 0 0 •
..........--
WATER-WORKS.
---
Dividend Amount
Name of Company. 1 per of Paid. Price.
' Annum. Share.
----
X s. d. £ s. d.
East London
Grand Junction
Kent.... • •
Lambeth •
New River Company 21.105. 55
Southwark & Vauxhall ' Si. per cnt. 100 0 0 49%
West Middlesex ....

..„....___
EDINBURGH HAY A.1\713 •••$.O
gO, • Boni,
JAN
. of all deer*
There was a largo supply of otrsvr
STRAW MAD
;he market. The prices to-day were as follow 16,
Oat straw, from 7s Od to 8s Oa per kemPle of,l toigo
Iron ; wheat do., 7s 6d to 8s 6d ; barley do., 58 us.
per stop&
Hay from 10d to 12d ; new ditto, Od to Od

--- .1 29.
DALKEITH MEAL MARKFAT-3---•
Secoudd 353
Oatmeal, per sack of 2801bs First.
imperial
Barleymeal, per ditto
Oa -4
Pease meal, per ditto - 0 m ...-e
Flour, per ditto —s 0(1 ---s '-od .„.•
Pot-barley, per ditto

DUBLIN, JAN. 39. „ of
There was a moderato supply of all descriPti,°.,ll:l;
grown grain to-day, and some considerable Arl',"fo r
ley from Scotland and Hamburg. The norke",iiiii
thing was exceedingly depressed, and a large, ss
samples remained unsold. In the small bummed cats
occurred wheat was is to 2s, barley 6d to ls,
Inman
cheaper than on Friday. Nothing doing in int— 41i(
38, to
White wheat,
.41s Od. to 43s ; red ditto
barley, 16s Od to 20s Od ; oats, ris Gd. to 045(14;
27s Od to 28s 6d per brl ; oatmeal, 15s Od to 1;800
flour, 24s Od to 273 Od per swt ; Inaiaueore,44s
per 4801bs.

clone a the tolifig.°S. p

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na os I
vira—fi 00 ,
Hetton Lyons ''
gaswell ................' .... . 0
South liettou. ..... ..
.....S4
...
Russell's Hotta ...
... . 1
itowart's .................
CaesoP ...................
Caradoe ......
Hartlepool .................
lieugh Hall . ........... I
Kenos . ........ ..... ' '54
TrimdOf ...... ."""'".10
South Keno*, ............... I
Tees ........................
Whitworth ......... . ...
-haus

22 C
,21 C
,21 6
.21 3
.21 3

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