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

straight cut eleven miles in length. This drain
traversed marsh land all the way till it reached the
O use, 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 com-
missioners were bound 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 puddled so as effectually 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 iiver,
knowing that there was a scour, knowing that it
was on 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, not merely above, but
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 amount 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 superinterCed 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 sluice 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 been carried out which were
not effected, and that especially something m ght
have been done at St. Mary's Bridge, 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 aevay. 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 wnose lands were conse-
quently flooded ; and he should be able to prove that
the. banks of the cut had never been properly pud-
dled, 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 construction 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.
In cross -examination 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. M iry's, about
about a mile and a half from the ruined sluice, also
described the progress of the disaster.
Mr. H. Little expressed his opinion that the tidal
waters might have been checked if they had been
taken in hand in time. The banks were in a weak
state, and he had seen the water percolate through
hem. 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 cross-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 BIDE,
(Before Baron Bramwell.)
BOOTIIROYD 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 chat 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 convei sation 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, his 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
onde-
fendant for an explanation, when he returned
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 st,e wasT notdf a
defendant
and accepted child of God.
was
a partner amr tenr ee rl
merely
tellh e
the e en alnaitn
plaintiff's
that he did not
fathernrathe
brother,
hat
but he
he a
tw
he
esandand
had not worked three full weeks since November
last. tjhouhrniseypni unclea,

Severtil long letters written by the defendant
were read
court. read, 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
dual 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 serape.
The jury returned a verdict for the plaintiff--
damages, £5O.

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