The Sun.
London, England, 1865-01-05 00:00:00

HER MAJESTY

OSBORNE, Jan. 4

The, Queen accompanied by Prince Arthur and
Prince Leopold, walked in the grounds yesterda y
morning, and drove in the afternoon with Princess
Helena.

The Earl of Hardwicke, who has been in tow*
a few days, left yesterday on his return to Wimpole Hall,
Cambridgeshire.

The Earl De Grey left Carlton-gardens yester-
day on a visit to the Queen at Osborne.

The Earl St. Mavr arrived yesterday at the
Admiralty from Stover, the Duke of Somerset's seat in
Devonshire.

The Hon. Lionel S. West passed through town
early in the week from visiting Mr. listings Russell, M.P.,
and Lady Elizabeth Russell at Woburn Abbey, for Paris,
on his way to Madrid to enter on his duties at the British
Legation.

The Right Hon. Sir George Grey left town
yesterday for Heckfield-place, Hants.

Major-General Lindsay and Captain the Hon.
C. Eliot, A.D.C., sailed on Saturday last, in the Cunard
steamship China, for New York, on their way to Canada.
During the last week the gallant general, with his wife and
eldest daughter, were the guests of Mr. and Mrs. Eckersley,
of Standish Hall, Wigan. Lady Sarah and Miss Lindsay
accompanied the general to the steamer, and, after taking
leave, returned to London, where they will remain during
the winter months.

Chargefi Manslaughter against an Officer
in the Army.

YEOVIL, Dec. 4.

This morning, Lieutenant Vincent Upton Langworthy,
of her Majesty's Fisiliers, surrendered to his bail before
the sitting magistrates, Messrs. Harbin (chairman), East-
neent, and Capt. Messiter, on the charge of having caused
the death of John Gear on the evening of Wednesday, the
28th nit. The case had created very considerable excite-
ment, and the court was very much crowded. It appeared
that about 10 o'clock on the evening of Wednesday, the
Yeovil Rifle Band was playing at Preston Plucknet, an ad-
j acent village, when Lieut. Langworthy drove through the
crowd, and the unfortunate deceased was knocked down
and killed upon the spot by the fall. Three witnesses, who
were in the road at the time, were called at the inquest,
and distinctly swore that Lieut. Langworthy whipped the
horse after they called out to him to stop. One of them, e
carpenter, named Gamblin, averred that the whip was use d
three times. One witness said that only Sergeant Purdy
of the rifle corps, was playing at the time ; while anothe
one stated that two or three might have been playing. The
evidence was contradictory as to whether the horse was
galloping before it got to the spot where the band was
playing. To negative the testimony of the wit-
nesses who deposed to the above facts, Lieut. Langworthy
stated that his horse had bolted, and that persons shouting
frightened the animal still more, and that he could not stop
it for some time ; the whip was in the socket, and was never
used from the time he left Ilminster until he got to the place
of the unfortunate occurrence. Lieut. Langworthy's groom
confirmed his master's statement, and especially was " quite
positive that the whip was not touched, but that it was in
the socketbehind the seat." The horse went away steady
till it heard the music, and then it made a rush, and
though both the lieutenant and the witness pulled as hard
as they could, they could not stop him from going through
the crowd." A witness named Rendall, the daughter of a
farmer at Preston, gave evidence that when she went up
to the waggonette after the accident, the groom was sit-
.

ting in the carriage, and had the whip in his hand.
The groom being recalled a second time, positively de-
nied it. Lieut. Lang-worthy was taken into custody, and
held to bail in 5001. and two sureties of 2501. each, and this
morning, as above stated, surrendered in court, Mr. Watt*
solicitor of Yeovil, appearing on his behalf. _ . .

•- - -
A long consultation was held between the magistrates
and the magistrates' clerk; and at its conclusion,
The chairman said that the bench had carefully loolald
at the report of the inquest, but they had been very much
in hopes that some one would have been called who could
have deposed as to whether the horse was struck or not,
because, if it had not been struck, but was running awayi
that would clearly have made it an accidental circular
stance. In the opinion of the bench more evidence ought
to have been produced as to whether the whip was really
out of the socket.
Mr. Watts—We tried to get further evidence, but
really was so dark on the night in question that no o 0
cgoo.;

• ---
The Chairman observed that the bench would have liked
,o have seen the evidence of the groom confirmed.

Mr. Watts said that all the witnesses that could be g 0
had been called before the coroner.

Mr. Charles Smith, superintendent of police, said, in re"
ply to the chairman, that he was present pt the inquest on
the body of the deceased, John Gear, and the facts were
thoroughly investigated. The verdict was "Accidental
death from being run over by a carriage driven by Lieut.
Langworthy."
The Magistrates' Clerk—Give me the exact words, if y_oll
please ?
Superintendent Smith—" That the deceased, John Gears
did accidentally and casually come by his death from being
knocked down by a horse and carriage driven by Lieut.
Langworthy, but there is not sufficient evidence to shod
that he used diligence to prevent the accident or otherwise,
and we think it is wrong the band should play in the dark,"
Those were the exact words.
The Chairman desired to know if there was any further`
evidence than that before the coroner?
Superintendent Smith said he had not any further eci'.
dence to produce, but he thought he ought to state to the
bench that Lieut. Langworthy had attended the inquid
before the coroner, and made a statement on oath.
The Chairman, after consultation with his brother magiO'
trates, said that the bench had before them the evidence
from the superintendent of police as to the result of the it':
quest. They, the magistrates, felt sure that no one Nvoill',
regret more than Lieut, Langworthy himself the death el'
the unfortunate man, consequent upon which Lieut. Lane
0:
worthy appeared before them on a charge of manslaughter'' a-,
Lieut. Langworthy must regret to the last hour of his 1
istence the loss of a valuable life ; and though the coi
ner's jury had been satisfied with the evidence addu 4.
' before them, and found a verdict of accidental death, v'
there was any further evidence the bench were bound 0

hear it.
Mr. Watts hoped that the bench would allow him to sag'
on behalf of Lieut. Langworthy that he had not taken ad
means to procure the attendance of any witnesses, 1341'
f erring to leave the case to the statements of those 10A°
thought proper to make any. He was satisfied that the s'ql
occurrence had arisen from causes beyond control, 031
while his regret and sorrow was of course great, yet
(Mr. Watts) felt sure the bench would mete out the sarl°,
justice as had been done by the coroner's jury, and wouP-
say, in dismissing the charge, that Lieut. Langworthy,
gentleman holding the commission of her Majesty, left the'
court without any imputation of negligence in the tuafortir
nate matter.
The Chairman said that the matter had been fully gone
into before the coroner, and it had been the wish of the
bench before whom Lieut. Langworthy had been charged 0
the first instance that the whole affair should undergo the
most searching investigation. If the bench went through
the matter again, only the same witnesses would be called:.
and there would be a repetition of the evidence, which
was not necessary, as the magistrates were satisfied with
the inquiry before the coroner. There was one point'
however, upon which the bench would like to be informed /
whether anything was said by the jury, upon Lieutenao
Langworthy, as stated in the local journals, having, afta
the delivery of the verdict, expressed a hope that the PI
was satisfied that the accident was not caused by neg,l'

genre.
The local reporter, in reply to the chairman, said tlO
no observation was made by the jury in reply to tbo
remark.
The Chairman said that the jury had by their verdict of
accidental death entirely acquitted Lieutenant Langwortili

of negligence in the matter; otherwise he must have been
committed to take his trial for manslaughter. He (t 1
chairman) would only repeat that it must be a lasting re,'
gret that even by mischance the life of a fellow-creattil"
had beeu sacrificed ; but, as there was not any criminal re'
sponsibility, they had only to say he was discharged.
Lieutenant Langworthy begged to reiterate in publ" '
his earnest assurance that the horse was beyond his c(0,
trol, and that the calamity was purely and entirely aCC'
dental.
.1,

The Chairman observed that he was desired by his CO,
leagues to express their hope that Lieutenant Langwortlu,
would consider the sad condition of the unfortunate wido's:,.
who had of course been left entirely destitute by the d`
plorable event.

Mr. Watts intimated that pecuniary recompense Wo
be given to the widow.
Lieutenant Langworthy then left the court.

DONATO, THE ONE-LEGGED DANCER.—The (I°4
pute as to the engagement of this performer has been anallo
disposed of. The question at issue was the existence of
alleged binding engagement of prior date to that uncle
which Donato is now acting at Covent-garden Theatteo.
The case has been argued before the Lord Chancellor, ville
dismissed the appeal with costs. There does not exist 911 J;
thing, therefore, to prevent the continued appearance of
dancer at the Royal English Opera.
OPENING OF THE LAKE RAILWAY.—We (COl
berland Parquet) are authorised to say that, on account la
the lateness of the season—the weather being unfavoural/ej
for enjoyment in the lake district—the directors deterraiti4t,
to open the lake line on Monday without festivity, In,f
poning the demonstration until spring, on the ocogioll
the opening of the new hotel at Keswick.