The Sun.
London, England, 1864-03-26 00:00:00

cember last. It included the passage of the moun-
tain chain which separated the valleys of the rivers
Cayster and Meander, and was divided into three
sections, the first from Ayasolook to the summit of
the past five miles and a half ; the second from the
summit of the pass to Balachick, seven miles and a
half ; and the third from Balachick to Aidin, 19
miles in the plain. The first section included the
tunnel on the summit of the pass between 700 and
800 yards in length, and another short tunnel be-
tween 100 and 200 yards. The cuttings and em-
bankments were about 40 in number, generally
short, but deep and of hard material. The earth-
works had been commenced at all the principal
points, and for some time past about 500 men had
been engaged upon them, and satisfactory progress
had been made. The capital account showed that
£961,267 had been expended, leaving a balance of
£95,804. The traffic receipts for the half year end-
ing Dec. 31 amounted to £11,598.

ASSIZE ETTELLIGENCE,

NORTHERN ClRCUlT.—LivEnrooa.—March 24.
CROWN COURT.
(Before Mr, Justice Willes,)
CHARGE 01' MURDER.
Narisso Vrumea, 23, a Manilla sailor, was indicted for
the murder of Joseph M'Grath, at Liverpool, on the 25th
of December.
Mr. Deighton and Mr. M'Culloch prosecuted ; Mr.
Charles Russell (under the direction of the Spanish consul,
who watched the case during the trial) appeared for the
prisoner.
It will be remembered that the deceased was 22 years
of age, and was a dock labourer, residing at 2, Forrest-
street, in this town. On last Christmas night he was in
company with his brother, John M'Grath, his cousin,
William M'Grath, and Thomas Gallagher, a labourer, and
they all went to Holden's publie•house in Lower Frede-
rick•street. There they had two quarts of ale, which they
drank at the bar, At a quarter to 11 o'clock the prisoner
and another coloured seaman, named Lorenzo Carpin,
entered the house, and went into a snug at the end of the
counter. The prisoner was the shorter man of the two, and
wore a billycock hat; and his companion wore a cap.
Vrumea and Carpin remained in the snug about five minutes,
and then came out towards the door of the public-house.
Ac they were walking past the bar William M'Grath
staggered a little backwards, knocked against the two sea-
men, and trod on the toes of one of them. The prisoner,
whose foot had been trodden upon, was heard to say, in a
threatening manner, "By —, me will have my revenge
for that." Tile seaman then left the house, but stood at the
door; and according to the evidence of one of the witnesses,
Sarah Hardy, the prisoner was waiting and watching with
a knife in his hand. Gallagher went to the door, and told
them to go away quietly, as no one would molest them,
Upon hearing this they turned round and stamped their
feet in a passionate manner. Gallagher then rejoined
the arGraths, and they all remained drinking in the
house until 11 o'clock. Upon leaving the beer-house
they found the prisoner and his companion still loitering
about the door. The prisoner took hold of the deceased
by the shoulders. They struggled a little and the deceased
fell. As ho was getting up again the prisoner took a knife
out of his pocket and stabbed Joseph M'Grath in the left
side of the belly. The screams of the witness Cotton at this
moment attracted the attention of the police, and Police•
officer John Roberts, 92, came up in time to see the pri-
soner make three distinct blows at the deceased, one at the
belly, which missed him, a second at the same part of the
body, and a third, which also missed him. While the pri-
soner was inflicting these blows upon the deceased Carpin
was observed to stab William ltl'Grath. The prisoner after
thus stabbing the deceased ran away, but he was pursued
by Roberts, who never lost sight of him, and caught him
with a sheath knife in his hand. The knife had mud moon
it, but no blood marks, and the prisoner dropped it on the
ground. The deceased was immediately taken to the South-
ern Hospital, where it was found that he was suffering from
an incised wound on the left groin, through which the whole
of the small intestines protruded. There was also a smaller
wound about an inch long in the small intestines, On the
night of the 26th December he died from excessive hemorr-
hage and shock to the nervous system, Before his death
his deposition was taken in the presence of the prisoner
Carpin, and an interpreter, by Mr. Mills, one of the borough
magistrates. the deposition ran as follows •—" My name
is Joseph M'Grath. lam a dock labourer, living at No. 2,
Forrest-street, Liverpool. Last night about ten o'cicck I
was with my cousin, William M'Grath, in Lowe' Frederick-
street, and we went into Holden's public-house, and on com-
ing out we saw a row. The prisoners and other coloured men
like them were engaged in it. We stopped to look on, and
one of the two prisoners, I cannot say which, but I am sure
it was one of them, turned round, saying, This is one,'
and the other prisoner pulled out a knife and struck me with
it in my left side, the lower part, and caused the wound I
am now suffering from. I fell when I got the stab, and the
two prisoners ran off, followed by some of the crowd, who
shouted They have killed a man.' I had seen the two pri-
soners before that night in the publicehouse. They wore
drinking together. I did not speak a word to them, and
never gave them any provocation. I think they must have
taken me for another person. I was about half drunk, but
know well what I was doing. I did not see William
M'Grath stabbed. I cannot say whether the person said
• This is the one,' in English or not, but he pointed to me,
and I understood him to mean that I was one. There were
other coloured men near me when I was stabbed, but only
the prisoners were really near. One of the prisoners only
ran at me, and 1 saw the other run towards William
M'Grath. The one who seized hold of me had a knife."
Mr. Deighton having referred to the statement in open-
ing the case, and the scuffle in the public-house.
His Lordship suggested that the deceased's depositions
should at once be put in as evidence, as it would go a long
way to reduce the charge to one of manslaughter. It
appeared that the prisoner's tees had been trodden on in
the public-Louse, and there had been a row and a scuffle
outside between the prisoner and deceased, and Carpin and
William M'Grath. Under such circumstances the case
could hardly be proceeded with as one of murder.
M. Russell intimated that the prisoner was willing to
plead guilty to a charge of manslaughter ; but his Lordship
said manslaughter of this description was so very serious an
offence that the prisoner had better not adopt that course
The case accordingly proceeded. The evidence was on
many points very contradictory.
Police-constable Roberts, Thomas Jones (a shoemaker
living in Thomas-street), and John Gordon, all swore posi-
ti.ely that prisoner was the man who struck the deceased.
Carpin and the prisoner are very much alike in appearance,
the colour of the hair, complexion, and form of features of
each being identical.
Mr. Russell, in his defence, commented upon this simi-
larity, and suggested that the witnesses might very possibly
have mistaken Carpin for the prisoner. The learned counsel
further submitted that the evidence of a common design be-
tween the men was insufficient for a conviction ; and that
if the jury were not satisfied beyond all doubt that it was
the erieonei's hand which inflicted the wound they must
acquit him altogether.
His Lordship, in summing up the evidence, pointed out
that, as there had unquestionably been provocation, the jury
would find it safer to treat the case as one of manslaughter.
Still it could not be too generally known that no person had
a right to resort to the use of a deadly weapon upon such
slight provocation as was given in this case. A man was not
justified in resorting to deadly weapons unless attacked by
those weapons, or in fear for his life or property. In case of
an attack with such weapons the man so attacked might in
self-defence take the life of the person who had inflicted the
outrage upon him. But the law did not allow aresort to deadly
weapons upon such slight provocation as treading upon the
toes or striking a man other than with a deadly weapon.
Accordingly, if the stab was given by the prisoner in this
case he would be guilty of manslaughter. It was, he could
not help observing, exceedingly to be regretted that young
fellows like the prisoner, coming to this port as sailors, and
likely to get into qaarrels in the streets, should be allowed
to have their knives about them at all, But as the consul
had no authority to make a law of that kind it was a pity
the subject was not considered with a view to the passing of
soma rule which would prevent sailers trom carrying their
knives, just as soldiers were prevented from going about
with their side arms.
No doubt the possession of the wea-
pon was a great temptation to its use, and resulted some-
times, as in this case, very seriously. However, as the
Court was not to make laws, but to administer the law as it
was, the jury must consider the two questions—first, whe-
ther the prisoner struck the blow from which the deceased
died ; and next, supposing he did not, was ho acting in
concert with the man who did I'
The jury, after a short consultation, returned a verdict of
guilty.
Before sentencing the prisoner, his Lordship expressed a
desire that Carpin should be tried, and Carpin was accord-
ingly arraigned.
the charge of felony
Wm. M'Grath.
ghat Vrumea also
Mr. Deighton withdrew , and the
sentence, first addressed Vrumea
prisoner's
plwrt
went
tns
rotannbe
syr p NtiVhraeesd
namet hi
nen
thef oo found
tcd
oa gut
nur
osiBel yoaf ofn
dt wh
teohuca nat
sd
et i
he
other nt
name was Carpos.
The Judge, in passing
—You have been convicted of an act which is contrary to
the laws of this country, and equally against the laws of
Spain or any other country in the world. You have killed
ailcter you would unques-
a maul y a deadly hand, and it is absolutely necessary to
c
make a severe sxamPle in order to teach sailors that they
quarrel. If
3,mt
out tuns
at
hbnot
bhreaeevsneo rabt
epteoenr tsshoeenni rto
ik
into nb
ai vd esuponr a slight p
enal servitude for the remain-
h
remain-
der of your days ; but you are a young man, and a person
apparently not naturally of a bad disposition. Besides,
considering that you area foreigner, you will necessarily
suffer more from the sentence of the Court than if you had
been a native of the country. Nevertheless, considering by
how bad an act you took away the life of M'Grath, you
must bavo a most substantial sentence passed upon you.
The sentence of the Court upon you is that you be kept in
penal servitude for g years. As for you, Lorenz) Carpos, it
is fortunate that you have been acquitted of acting in con-
cert with Vrumea in killing 11'Urath, But you have been

convicted of using a knife upon a fellow-creature, and the
sentence of the Court upon you is that you be imprisoned
and kept to hard labour for 18 calendar months.
Mary Teistram, 36, was indicted for the manslaughter of
Mary Doran on Feb. 21.
It appeared that the deceased, who was an elderly woman,
resided in a house in Adlington-street with Isabella Burns
and the prisoner. The deceased's daughter lived a short
distance from the house in the street, and on the evening in
question the deceased went out to spend some hours at her
daughter's house. She returned home about 12 o'clock, and
while cleaning up her bedroom previous to retiring for the
night was interfered with by the prisoner, who told her that
that was not the time to do her work. An altercation en-
sued between the women, in the course of which the de-
ceased was pushed down the steps of the house into the
street, where she fell. The daughter, attracted by her
mother's screams, had rushed up to the place and found de-
ceased on the ground.
The medical evidence proved insufficient for a conviction,
and his lordship therefore directed an acquittal.
Bridget Mooney, 65, and Patrick White, 20, were in-
dicted for the wilful murder of John Pinder.

On the evening of Saturday, 26th Dec. last, the deceased
went along with other persons to a publichouse in Coiling-
wood-street. A disturbance arose in the house about a raffle

for a dog, which the deceased alleged he had bought from
one of the prisoners. A row ensued, and four persons, of
whom two were the prisoners at the bar, struck the de-
ceased. The deceased then left the house, but at half-past
II o'clock, when the prisoners again saw him, they knocked
him down, kicked him, and indicted injuries from which it
was alleged he died.
The case was at first seduced to manslaughter, and as the
medical evidence failed even to support this charge, the
prisoners were discharged.

OXFORD CIRCUIT.—HEREFORD, March 21.
CROWN COURT.
(Before Mr. Baron Pigott.)
Thomas Watkins was indicted for the wilful murder el
his wife, Mary Ann Watkins, on the 18th January, al
Henuor. _

...idos,
favour with the representatives of ti,
.c....... com.pany.
But the more probable theory was th' A water had
somehow or other found its essay int 3 the work of
insidious agent
of mischief. The next question 'Was therefore boss/
the embankment, and become the
this water got there. It seems. that in making the
embankment the engineers hi d taken the earth
from the sides of the hills whirl s formed the natural
banks of the reservoir, and tics din fact bared these
hill sides in some places down. 'to the rock. This was
thought by one. witness to be cc, a objectionable pracs
tice, inasmuch as the water i n ,the basin, being thus
brought into immediate cont.sct with the livi,ag rocks
/slight find its way thrones fissures to the slop of
the embankment. The pis !sence of water there-
fore at that dangerous pain t might be accsstinted for
on t his hypothesis. Again., if the m ateri.als used in
the construction of the embanktninat were inju-
diciously selected or improperly laid, the water
.nigh a gradually find an opening for mischief. Oa
the w.hole, however, it seems to have been thought
more probable that the catastroph a was occasioned
by smile failure of the pipes ; indee, , the only wit"
ness wlxo was bold enough to give a decided opinion
to that effect. These male t pipes for the
conveyangvaeit
tce and trans mission of the water were car-
ried. at Br adfield tinder the embank, ment, and there
was certain ly a concur' ence of opinion as to the un-
soundness ana danger of that practice, which even
nun-professional persons can easily understand. If
pipes. were always sound, and could be always so
laid as to be liable to injury and create no danger,
it would be safe enoug h to carry tilem through the
embankment, but the y appear to be liable to as
naany accidents as the flues of a at eve, and the en?"
banknnent therefore is no place for them. To begin
with--they cannot in such a position be inspected
or rep aired, but besides that disadvantage they are
actual ly more liable to injury from t he uncertain and
often. unequal pressure of an artHcial earthwork.
Her, e, at Bradfield, were about 500 feet of pipings
mad a up of some 55 lengths of 9 fes tt each, and con'
sequ ently with a long series of join ts. Now, if the
pipe s in any part were fractured, or a joint any'
whe re drawn, the water might be let loose for the
grad:nal destruction of the bank, aa'd it is obvious
that an unequal settlement of the earth might
readily produce this mischief. Even if the pipes
were unevenly pressed down or distorted the same
result might occur, and this theory of the calamity
therefore assumes great likelihood. Mr. Jackson,
an engineer of great Australian experience, spoke
out quite plainly on the point. " I have not the least
doubt," said he, " that the structure of the Bradfiel6
dam caused an unequal pressure, fractured the pipe es
and so produced a leakage." When it was suggest ,ea
that the outlet pipes might now be uncovered and
examined, the witness added "If this is done you
will find it as I say." To this suggestion there
was the obvious objection that now, after the cats'
strophe, it would be impossible to distinguish be'
tween injuries which had caused and injuries svbich
had followed it, and therefore the point could not
I thus be summarily decided. Still the Government
engineer himself, though he distinctly declined to
a ive a positive opinion, seems to have inclined t°
tt ese views. "My opinion," said he, "is that it
ssa s the most fatal mistake to lay the pipes in the
ten tre of the embankment upon an artificially
compressible material." This reasoning
be clear even to non-professional readers, but,
terra
will led'
in ja, tice to the constructors of the reservoir, we
shout, d add Mr. Jackson's remarks upon the custom
refebrai 'd to. " I," said he, " have carried pipes under
m
That has been the universal practice
erllaments.
until n t 'W. There has been no great dinersr frog'
it until i tow. It has been an error of judgment coin*
mitted Is.v the most eminent engineers. I should nor'
after w s at has occurred here, again lay pipes
under or t
hrough an embankment. I should felts
the water ,through the solid, round the end of the
embankme t 't, by culverts or otherwise." Probablythis explan a lion will commend itself to the public
as the best s ,htainable, but Mr. Rawlinson enumem
rated the cau't 'es which might have been at work'
without attens
pting to identify any one with con'
fidence as the . real agent of mischief, and the jury
accepted the us ncertainty. They simply said in
general terms that "there bad not been that eng"
veering skill and that attention to the constructs/
of the works which their importance demanded
and with those wcsr ds they passed to topics on who'
it was safer to speak with decision. 'aley recorir
mended, as we ha ye stated, a system of Govern:
ment inspection, an d expressed their deep regret el
the terrible fatality of the catastrophe which hoe
occurred. In this feeling of sympathy and sorrel
the public, will entirely concur, and our coluningo
indeed, have shown that the compassion of the
country has already fonnd a practical expression
in timely and munific,ent succour.