The Sun.
London, England, 1863-04-02 00:00:00

ASSIZE INTELLIGENCE.

NORFOLK CIRCUIT.—NoRwIcs, April 1.
CROWN COURT.
(Before Mr. Justice Williams.)
SINGULAR CHARGE OF ABDUCTION.
Frederick Burrell, 21, a clerk in the Royal Arse,
nal at Wooiwich, was charged with having on Jan
20, from motives of lucre, fraudulently allured
taken away, and detained Jane Burrell, a person
under 21 years of age, she having a present legal
interest in certain real estates i❑ Norfolk, out of the
possession and against the will of her mother, Mary
Ann Hyder, and of her guardian, William Silver
Ryder, with intent to marry or carnally know her,
the said Jane Burrell ; and Henry Richard Burrell
was charged with aiding the said Frederick Burrell
to commit the aforesaid felony.
Mr. Bulwer and Mr. Sims Reeves appeared for
the prosecution ; and Mr. Metcalfe and Mr. Drake
for the defence.
This was a very singular case. It appeared from
the opening statement of the learned counsel for the
prosecution that the young lady's mother had, since
the death of her first husband, married Mr. Hyder.
The girl was sent to school at Norwich, and when
she returned home to Fakenham for the last Christ-
IMO holidays—when she was between 15 Ind 16
years of age—she went to the house of the elder
prisoner, Henry Richard Burrell. She remained
there several days against the will of her mother
and Mr. Ryder. On January 16 Frederick Burrell
came down to Fakenham, and on the 19th of the
same month Mrs. Burrell, the wife of the elder pri-
soner, Jane Burrell, and Frederick Burred left
Fakenham for London. Only one through ticket
was taken for London, but two other tickets were
afterwards procured for London at Dereham sta-
tion, a little farther on. The party reached Lon-
don on the evening of Jan. 19, and on the following
day the prisoner, Frederick Burrell, was married to
Jane Burrell, she being his own niece by blood, both
the prisoners standing in the relation of uncle to
her. Oa Jan. 6an affidavit had been made by the
prisoner, Frederick Burrell, for the purpose of
obtaining a marriage licence, in which it was con-
tended on the part of the prosecution that he had
made two false statements, as that the young lady
was 19 years old, and that she had no parent or
guardian living. The case against the second pri-
soner, Henry Richard Burrell, was that be had
taken the parties to the railway station, that his
wife went to London and witnessed the marriage,
and that he was fully cognisant of and assisted in
the whole transaction, of which Mr. and Mrs. Ryder
were kept in complete ignorance, although Mr.
Hyder was the young lady's legal guardian.
Evidence was adduced in support of the prosecu-
tion at great length, the cross-examinatien being
directed to show that the young lady had not been
very comfortable at home.
The points insisted on for the defence were that
the prisoner Frederick Burrell had not been actuated
by any fraudulent intention in carrying away his
niece ; that the young lady had passed out of the
custody of her mother in consequence of her telling
her that she could not remain at home, and that she
was not in the care and custody of her guardian.
The jury, however, found the prisoners guilty.
Judgment was reserved in order that the opinion
of a court above might be taken upon the points
raised. In the meantime the prisoners were ad-
mitted to bail.
Richard Roberts, who pleaded guilty to a charge
of attempting to murder Eliza Hunt, at North Lop-
ham, was sentenced to five years' penal servitude
The prisoner, who seemed much affected, had to be
assisted from the dock.

CIVIL SIDE.
(Before Lord Chief Justice Erle.)
COE V. WISE.—THE RECENT GREAT FLOOD IN THE
FENS.
This was an action brought against Mr. F. T.Wise,
in his capacity of clerk to the Middle Level Drain-
age Commissioners, to recover compensation for in-
juries sustained by plaintiff on the occasion of the
recent great flood in the district traversed by the
Middle Level Outfall Cut. The declaration stated
that the Middle Lever Commissioners were charged
with maintaining certain cuts, and embank-
ments, and were negligent in that respect, the
result being that the lans of the plaintiff became
submerged, and remained flooded for some time.
The defendant pleaded not guilty, and that the
plaintiff was not possessed of the said lands.
Mr. Keane, Mr. Douglas Browne, and Mr. Phear
appeared for the plaintiff; and Sir F. Kelly, Q.C.
(specially retained), Mr. O'Malley, Q,C , Mr. Met-
calfe, and Mr. Newton for the defendant.
Mr. Keane, in opening the case on the part of the
plaintiff, said the substance of the complaint was
that last year lands in Marshland were invaded by
water flowing ihrough the middle level drain to the
Ouse, that they remained submerged for a long time,
that great injury was done, and that the cause was
the neglect of duties imposed upon the commis-
sioners by their acts of parliament. The middle
level is part of the great level of the Fens, and is
hounded on the one hand by Morton's lane, on the
other part by the Bedford River ; on another part
by the river Ouse, and on the other part by Marsh-
land, a district about nine miles in width. The
attention of the Court in the present case would be
occupied with Marshland and the river Ouse, which
fell into the sea below Lynn by a great number of
sinuous courses. The Ouse is the natural channel
of the middle level, and for a longtime the drainage
of the middle level found its outlet into the Ouse by
means at one period of Salter's Lode, and at another
by another drain. It was conceived that it would
be greatly to the advantage of the middle level if
one straight cut was made across Marshland for the
purpose of conveying down it to the river Ouse the
waters which were in the course of nature seeking
the river, and thence to the sea, from the whole of
the middle level, which comprises 140,000 to
170,000 acres, and received a vast mass of water
from up-lands, perhaps to the extent of 200,000
acres more. As this enormous body of water so col-
lected was to be discharged into the Ouse, and as
this wag the problem which was to be solved by the
commissioners, the mosteffectual way of accomplish-
ing the task was the construction of a continuously

straight cut eleven miles in length. This drain
traversed marsh land all the way till it reached the

Ouse, so that it was carried through the territory of
other people, and who were not in the slightest
degree benefited by the alteration. In fact, the cut
was a kind of invasion of the Marshland district,
and it was provided by what was called the wisdom
of Parliament that every care should be taken by
the commissioners to protect Marshland. The cam-

missionets were Lonna by their acts not merely to

construct their works, but also to maintain them in
-•-

a good and efficient state until relieved from the
duty, which, he contended, they had neglected.
The Commissioners Act under which the cut was
constructed provided that the walls and banks should
be paddled so as effectua.ly to prevent the waters of
the cut from passing or soaking through the same;
but this had not been done. Well, having con-
structed the cut the commissioners had also to erect
a sluice to keep out the tidal waters, and it would
not be necessary for him to impeach the design of
this sluice or to contend that it did not do its work
effectually in the first instance. So long as it was
maintained in a good and substantial state there was
no danger; but knowing the course of the liver,
knowing that there was a scour, knowing that it
wason the concave side, and that all these influences
had a perpetual tendency for evil, it was the duty
of the Middle Level Commissioners to have kept up
a perpetual, anxious, and constant observation as to
what was going forward, nor merely above, hut
below the sluice. They did not do so, and the con-
sequence was that the sluice was now no more. He
might call upon the other side to account for the
fact that the sluice had given way, and why he
tidal waters passed up the drain, and inflicted
damage to the amonnt of £60,000 or £70,000 ; but
he would prove that there was neglect. About the
28th of March, 1862, holes were observed in the
wing walls of the sluice, and some attempts were
made to meet and overcome the danger with which
the district was threatened. They were successful
up to April 28, but the holes then appeared again,
and this time they were much larger, being 15ft. deep
and 4ft. wide. Applications were made for materials,
men, &c., to endeavour to fill them up, but the at-
tempt failed, the sluice fell through, and the
ruinous results complained of followed. The work
was superinten[ed by Mr. Lunn on behalf of the
Middle Level Commissioners; but where did the
jury suppose Mr. Lunn was all the time? Why,
in a committee room of the House of Commons,
where the Middle Level Commissioners, by a strange-
ly ironical combination of circumstances at the very
moment that nature was impeaching the efficiency
of their existing works, were soliciting a bill to con-
fer upon them much larger powers. The e!uice failed
about half-past nine on the evening of the 4th of
May ; then the neaps were decreasing ; but in a
few days they began to increase again, until they
reached a height of 16 feet 6 inches on the 12th of
May. They then forced an enormous breach in the
banks of the cut, and about 6,000 acres were sub-
merged. The learned counsel contended that cer-
tain works might have beencarried out witich were
not effected, and that especially something might
have been done at St. Mary'sßridge, but that it was
not done, At last they did get to St. Mary's Bridge,
but it was too late, St. Mary's Bridge having given
way ; some barges moored together accidentally
broke loose, ran against the piles of the bridge, and
carried it away. Relays of men might have been
employed night and day upon the first alarm being
given ; for not only was the commissioners' notice
called to the danger, but some of the commissioners
laughed at the notion that there was any cause for
alarm. The waters made, as he had stated, an enor-
mous breach on the 12th of May to the serious
damage of the persons whose lands were conse-
quently flooded ; and he should be able to prove that
the banks of the cut had never been properly pud-
tiled, and, still more, that the omission to puddle
was knowing and wilful. He should first call a set
of witnesses who would prove the facts relating to
the accident itself; then some scientific witnesses, to
state what might in their opinion have been done to
save the sluice ; and lastly, he should adduce evi-
dence as to the damage done.
Evidence was then commenced, and from the great
number of witnesses in attendance on each side—
some of them gentlemen of high scientific status—
it is expected that the case will occupy the time of
the court for the remainder of the week.
Mr. J. Smith, engineer and contractor, who su-
perintended the cons ruction of the sluice under
Mr. Brogden in 1846, was called to prove the cor
rectness of a model now produced of it.
Samuel Smith, sluicekeeper at the Marshland
sluice, described the progress of the holes in the
middle level sluice from their being first observed
on the 28th or 29th of March.
I❑ cross-examinatio❑ this witness admitted that
:he sluice had stood satisfactorily for 15 years, and
that five years since a hole which appeared on the
west side of the sluice was not attended with serious
results.
Mr. C. Bacon, a farmer, living at St. Mary's, about
about a mile and a half from the ruined sluice, also
described the progress of the disaster.
Mr. H. Little eat pressed his opinion that the tidal
waters might have been checked it they had been
taken in hand in time. The banks were in a weak
state, and he had seen the water percolate through
them. He examined the banks where the breach
was made and the puddling was not perfect. By
puddling the damage might have been averted to
a great extent, and by making a dam at St. Mary's
Bridge a breach might have been altogether pre-
vented. In cioss•examination the witness said Mr.
Leatha, who had acted as contractor at the Port-
land Breakwater, and Mr. Hawkshaw, president of
the Institution of Civil Engineers, were brought
down by the commissioners. He could not say
whether he heard it stated that they had been or-
dered to go to any expense to preserve the country.
Eventually a pile dam was constructed at St. Mary's
Bridge after the lapse of six weeks and four days
and the tide was stopped out. The witness was
also examined to show the difficulties and failures
experienced in connection with the failure of the
Marshland sluice in October, although the services
of an engineer of the eminence of Mr. T. Page were
secured, and although the water-way was of less
width. On being re-examined the witness said he
thought a dam might have been constructed at St.
Mary's Bridge in three days.
The case was proceeding when our parcel was
despatched.

NORTH WALES CIRCUIT—CHESTER,March 31

CIVIL SIDE,
(Before Baron Bramwell.)

BOOTHROYD V. CHAFFER.-BREACH OF PROMISE OF

MARRIAGE.

Mr. M'lntyre appeared for the prosecution. The
defendant pleaded his own cause.
The defendant lived at Otley, Yorkshire, and
was a journeyman under his uncle and brother, and
was paid according to the paying of the work they
executed. The plaintiff resided at Staleybridge.
It appears that defendant had met with the plain-
tiff at Otley, while on a visit to his sister, and an
intimacy sprung up. It was carried on for some
time after she left his sister's, where she remained
for six weeks. When the plaintiff returned home
his sister accompanied her, and remained for about
a fortnight. The defendant came after the plaintiff
in about a week, and had some conversation with
her father about her. He said that during her
visit an intimacy had sprung up between them, and
he should like to make her his wife, and he hoped
that he would have no objection. Her father stated
that they were both old enough to know what they
were about, and if they were determined it would
be of little use his objecting to the matter. They
walked out together on several occasions, and he
stated that his brother, bis uncle, and himself were
in partnership, and that they had large "jobs," up
to any amount, without having to draw on account,
and without having to get any material on credit,
and no doubt they would be very comfortable to-
gether. His mother would have to live with them,
and she was anxious that they should be married.
On his second visit he wanted to get married, but
the plaintiff's father told him not to be in such a
great hurry ; they could be married almost as
privately, and with less expense, by going to the
office of the registrar as by license, and it would
be time enough for the marriage to take place
about Christmas, and that would give time to
make every necessary preparation. The plaintiff 's
father was to make them a bed as a gift when they
got married. In consequence of the correspondence
breaking off the plaintiff's father wrote to the de-
fendant for an explanation, when he returned one
of the plaintiff's letters unopened, and said that if
he received one hundred he would do the same, and
gave as his reason that si-.e was not a pardoned
and accepted child of God. The defendant con-
tended that he did not tell the plaintiff's
father that he was a partner with his uncle and
brother, but that he was merely a journeyman, and
had not worked three full weeks since November
last.

Several long letters written by the defendant
were read
court. , which afforded considerable laughter in

His Lordship thought that the plaintiff ought to
be very glad that she had got out of the serape of
marrying
such a man. He did not see what great
dial of damage it had done to the plaintiff. He
trusted they would give some fair and reasonable
damages, if not it would be looked upon as dis-
approved, but he congratulated her sincerely in
having got out of the scrape.
The jury returned a verdict for the plaintiff—
damages, £5O.

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