The Sun.
London, England, 1862-05-29 00:00:00

TRH SUN, LONDON, . IfirrY.RSDAV - ENFINING„ MAY 20, 1:4,

LAW INTELLIOENCE.—fiIay 28.

(Sittings in Banco, before Lord Chief Justice Cock-
burn, Justice Wightmau, Crompton, and Black-

burn.)
THE QUEEN V. TRAIN AND OTHERS.-THE WEST-
MINSTER TRAMWAY.

Mr. M. Chambers said that since the last term the
prosecutor, who was desirous of acquiescing in their
lordships' suggestion relative to entering a nolle
prosequi against the vestry, had applied to them to
give Mr. Train the required three months' notice
under the contract to take up those dangerous rails,
but they persistently refused to do so, and they
still, as they always had done, resisted the law, and
in a discussion of the matter by the vestry at their
meeting some of them stated that it had not been
decided that this tramway was a nuisance, so that
the prosecutor had to ask the court to hear the rule
relative to the vestry's liability when Mr. Train
was again called up for judgment.

The Lord Chief Justice asked if Mr. Train's secu-
rity for costs was good, why the prosecutor did not
enter a nolle prosequi against the other defendants?
Mr. Chambers said the difficulty was that if the
prosecutor let the vestry off Mr. Train might say
that he could not meddle with the highway to take
up the tramway, the highway being under the con-
trol of the vestry. The vestry insisted that the
tramway should not be removed.
The Lord Chief Justice—What is the prosecu-
tor's object in persevering against the vestrymen ?
Mr. Chambers said that prosecution was insti-
tuted by Mr. Greig, the clerk of the peace in his
private character. He was substantially indiffer-
ent to the costs, and what he wanted was to secure
the removal of this dangerous nuisance, but with
regard to the latter the vestrymen threw every im-
i pedment in the way, and held the prosecutor at
arms length. He had no doubt Mr. Greig would
enter a nolle prosequi against the vestrymen if he
could secure thereby the removal of the tramway.
Every day accidents were happening, and yester-
day (Tuesday), a man was thrown out of his cart
and seriously injured.
The Lord „Chief Justice—Have you an affidavit
from Mr. Train that he can't take up the tramway.
Mr. Chambers—No. He wanted the Court to be
stringent in having the tramway taken up. An
offer was made to the vestrymen last term, when
the rule was moved, but they had made no approach
towards the prosecutor.
_ _ _

Mr. Justice Blackburn said that by entering a
nolle prosequi against the vestry, and bringing up
Mr. Train for judgment, would be a speedy way of
abating the nuisance. He could understand the
desire for obtaining a local triumph over the vestry-
men, and making them eat humble pie.
Mr. Chambers said that was not the prosecutor's
object.
The Lord Chief Justice said he should have
thought if Mr. Train had power to put down the
tramway he had power to remove it.
Mr. Chambers said Mr. Train had no control over
it. A company had been established, and if ho was
to interfere he would be meddling with their rails.
This was a public nuisance, and in fact the sheriff
ought to take it up.
Mr. Justice Wightman said he saw no objection
to Mr. Train taking it up.
The Lord Chief Justice said that if a nolle prose-
qui was entered the Court would be prepared to
assist the prosecutor in putting down this nuisance.
Mr. Chambers said he would communicate with
his client upon the suggestion.

being ignorant of his antecedents, I felt it best to
give you information that he has the money.
The defendant called no witnesses, and
Mr. If awkins having addressed the jury on the
part of the defendant,
The jury returned a verdict for the defendant.

said, "'Phis is the way," pointing in another direc-
tion. "Thank you," he said, "I'll not trouble
you further," and we separated. I next saw him
again at the Bow-lane police-station, and identified
him from among many other persons. I could have
picked him out of a regiment. I stood on the boy's
right hand, about a yard or yard and a half from him
while I was in the bank. Ido not think any other
person was at that part of the counter but the pri-
soner and the boy. I noticed the boy intent upon
counting his money as I went into the bank, and
while I was there no other person except the pri-
soner Weston and myself was near him.
Cross examined—The boy was counting silver
when I entered the bank. I did not see his bag of
gold. I had not observed the prisoner come in. I
was writing a cheque at the counter.

Mr. John- JaaiesGoodchild, of 239, Shoreditch,
was next called. He said—On Tuesday week,
about halfrpast three o'clock, I stopped to speak to
a friend outside the bank of Messrs. Smith, Payne,
and Co. I observed the prisoner Harper standing
within a yard of us. I took my friend into the
bank, having a little business to transact there, and
as we went in I said to him, " Hand me over the
money." I afterwards left the bank with him, but
before leaving ho handed to me a bag containing
one £3OO Bank of England note, another for £lOO,
and some smaller notes and gold. From Smith,
Payne and Co.'s, we went to Masterman's bank, in
Nicholas-lane, without calling anywhere. There I
had to take up a bill, and for that purpose I took the
bag from my pocket, and emptied the whole of the
notes and gold upon the counter, near a desk farthest
but one from the entrance to the bank. Two or three
people were inside the counter, but outside, where I
stood, there was no one. The bill I had to pay was
£145, and I was counting some notes and gold for
that purpose. As I did so a man touched me
rather rudely on the right shoulder. Thinking
it was a friend, I turned sharply round, and
saw the prisoner Weston close to me on
my right side. In his right hand he held a
piece of paper, and his left appeared to be placed
behind him. Ho asked in a somewhat foreign
tone if I could tell him where he could change
a draught. I felt irritated, and said "At the
next desk." I looked at my money, and found the
£lOO note missing. I counted the notes over again,
and looked in the bag to be sure that it was really
gone. Just as I was " scrambling" the notes and
gold into the bag I saw the prisoner going to the
door. I ran into the street after him, but he was
nowhere to be seen. I wandered up and down in
quest of him, but did not meet with him. I next
saw the prisoners in an apartment below the justice
room of the Mansion House among about 15 other
people, and I immediately selected both of them.
Mr. Wontner cross- examined the witness, but
without eliciting any material circumstance.
On this evidence Mr. Mullens applied to have the
prisoner Weston committed for trial. Harper,
against whom the evidence as to the robbery of the
£lOO note, was not so conclusive, he submitted
ought still to be dealt with under the Vagrant Act
as a suspected person frequenting a public place
with intent to commit a felony.

Mr. Wontner, apprehending that Weston would
be sent for trial, said he should reserve his defence
of him until the peeper time arrived. With respect
to the prisoner Harper, he submitted he had done
nothing to warrant his being treated as a rogue and
vagabond. He was seen, it was true, going from
bank to bank with the prisoner Weston, and the
question arose what was his intention. Was he
present in any of the banks without the means of
transacting business? On the contrary, when taken
into custody, a very considerable sum of money was
found upon him. Besides, the police-officer Haydon,
who had watched him from bank to bank, did not
see him do anything wrong in any one of them.
Haydon said he found the prisoners had recently
come from America. That was consistent with
their saying, as an excuse for going from place to
place, that they were looking for the Bank of
England in order that they might change some
notes. Then, their entering the Bank, and by the
Rotunda entrance after the hour when the offices
in that part of the establishment closed, showed ig-
norance on their part ; and while they were making
their way to another part of the Bank in search
of change they were apprehended. There was not
a tittle of evidence to show that Harper had
touched the person or property of any one of the
three banks he was seen to enter. Nor was it even
pretended that he was a person of bad character.
The evidence, so far as it went as to character, was
in his favour, seeing that when arrested he gave a
correct address. Seeing the prisoner was a foreigner
who had recently come to this country, it wassea-
sonable to suppose he had mistaken the Union and
the London and Westminster Banks for the Bank
of England; and the court would probably be of
opinion that it would be hardly warranted in the
harsh conclusion that he was there for the purpose
of committing a felony.
Mr. Alderman Finnis, believing the prisoner
Harper was one of the class of persons in the habit
of prowling about banking-houses to commit rob-
bery, sentenced him to three months' imprisonment
with hard labour, as a rogue and vagabond ; and
the prisoner Weston to be committed to Newgate
for trial,

THE MURDER OF A LABOURER AT
KING'S GROSS.

Edward Gregory, aged 34, a labourer, of 39, St.
Helena-place, Clerkenwell, was charged before Mr.
Barker, at the Clerken well Police-court, yesterday,
with feloniously killing and slaying James Driscoll,
a labourer, by throwing him off one of the iron ribs
now in course of erection at King's Cross for the
Metropolitan Railway.
Mr. Layton, jun., solicitor, attended for the
defence.

The prisoner was seated during the examination.
His head was bound up in surgical bandages.
Michael Murphy, a labourer, residing at 8, Vern-
lam-place, Gray's-Inn-lane, said—l am employed at
the Metropolitan, or Underground Railway Station,
King's Gross. The prisoner is ganger there over
the general labourers, the deceased being in his
gang. On Monday evening, between six and seven,
I was at work on the planks under the girders. I
saw deceased go to near where the prisoner was
at work on the rib. I had heard that the prisoner
and the deceased had had some words in the
course of the afternoon. I saw Driscoll go on to
the same rib with the prisoner, they being about
two feet apart. The ribs are to form the span over
the railway, and the prisoner was on the highest
part of the rib over the deceased. I heard Driscoll
say to the prisoner " Go along, you cannot show us
our work, nor do we want you." He made use of
a blackguard expression to the prisoner. I did not
hear Gregory make any reply, but the next I saw
was the prisoner striking the deceased on both
sides of the face with his fists. Driscoll was holding
on the rib with one hand, but he said "God strike
me dead, if you hit me again I will poke your eyes
out. You had better come down, and I will fight
you." Driscoll at that time had in his hand an iron
progue. Gregory hit him again, and Driscoll bit
at the prisoner so as to keep off his blows. I did
not see where Driscoll hit him with the progue. Up
to this time they were sitting on the rib with the
girder between their legs. The prisoner had an
advantaga, as be held by the derrick, while Dris-
coll had nothing to hold but the rib. A man of the
name of Chandlr went between them, and said he
would not have any more of it up there. The pri-
soner then got up from his sitting position, and
again hit Driscoll, and Driscoll kept hitting at him
with the bar. The prisoner leant over Driscoll, and
I then saw him trying to take hold of a cord, but
he missed it and fell to the bottom, a distance of 40
or 50 feet.

Mr. Barker—Do you believe he fell from the blow
or the scuffle ?

Witness—He fell from the scuffle. The prisoner
was in a better position for keeping his hold on the
rib than the deceased.
Cross-examined—The rib is about a foot wide. I
assisted to take the man to the hospital.
Mr. Abraham Dow ton, 259, Pentonville-road, a
eheesemonger, said—On Monday evening, between
6 and 7 I was on the leads at the back of my house,
which overlooks the new station at King's-cross.
I heard a quarrel, and saw the prisoner hitting the
deceased on each side of his face with
his fists. I could not say who struck the first
blow. I saw the deceased trying to ward the blows
off with a piece of iron, but after the prisoner hit
him again I saw deceased strike at him, but whe-
ther he hit him or not I cannot say. At that time
both weresitting, but afterwards the prisoner raised
himself higher than he was before, closed with the
other man, took him by the shoulders with both
hands, lifted him off the girder, and let him drop.
The deceased's feet first touched the ground. Before
this I heard some one say," I will throw him over,"
but I do not know whether it was prisoner or not.
Cross-examined—Prisoner took hold of deceased
by the shoulders. I judge that they were in hot
blood, quarrelling together, and had it not been for
that this unfortunate affair would not have hap
pened.
_ _

- Mr. Samuel Farley, a decorator, of 87, Harrison-
street, Gray's-inn-road, said—On Monday evening
I saw the prisoner and another man on the ribs. I
saw the prisoner strike the man several times. The
man was leaning batik, as though to avoid the pri-
soner's blows. The prisoner then rose up, leaned
over, took hold of the man by the upper part of his
body, wrenched him away, lifted him off the rib,
and dropped him into the cutting. I did not hear
any expressions made use of by the prisoner.
Mrs. Farley confirmed her husband's statement.
James Chandler, a labourer on the woiks, said—
I reside at 3, Haverstock-street, Camden-town. On
Monday uyening I went up with the deceased to the

top of the rib. The first that took place was, Dris-
coll said to the prisoner, who was there working,
" Get out of this and !et us do our work. We can do
it ; can't whi, mate 9" I said " Yes, the foreman has
sent us up," The prisoner told Driscoll he should do
no more there, and Driscoll told the prisoner he was
a fool, and that he was to get out of it. Prisoner
then knocked Driscoll's cap off, and said, " I will
hit you," following it up with several blows with
his fist in the face. I believe Driscoll said, " If you
hit me again I will crack your eye out with the
podger," meaning the piece of iron he had in his
hand. The prisoner then struck him again, and I
believe Driscoll struck him with the podger, but
where I cannot say, although I saw blood on the
prisoner's face as well as Driscoll's. I afterwards
saw the prisoner's head was cut ; I then got between
them. I saw that Driscoll was getting weak, and I
saw him try to catch at the purlin. I made a knot
and threw over him. They scuffled again, and then
Driscoll slipped off the rib into the cutting.
Mr. J. D. Hill, house surgeon to the Royal Free
Hospital, Gray's-inn-road, said Driscoll was brought
to the hospital on Monday evening. He died last
night. The cause of his death was shock to the
system and the injuries he had received.
By Mr. B lrker—The cause of the death was shock
to the system, which might arise from the fall of
I have heard described. I have an order to make
a post-mortem examination, so that I shall be able
to state exactly the cause of death.
Ann Driscoll—l reside at 4, Ely -place, Kingsland-
road, the deceased is my brother, and his name was
James Driscoll.

Police-constable Holloway, 52 G, said—l took the
prisoner into custody, and he tried to make his escape.
On the way to the station he said Driscoll struck me
first, and I afterwards struck him. If you had struck
me I should strike you again, or anybody else.
Inspector Brennan, G division, said that when he
told prisoner the charge he said the deceased would
not obey his orders, and he smacked him in the face.
The prisoner, who never said a word during the
whole of the proceedings, under the advice of Mr.
Layton, reserved his defence.
Mr. Barker said he should remand the prisoner
until Tuesday next.
Mr. Layton applied that bail might be taken for
his client's appearance.
Mr. Barker refused the application.

THE DOCTOR IN TUB BATH CHAIR.

" Sedot atternumque sedebit I"

Dover has narrowly escaped being thrown into
hysterics by a scene at the bench the other day,
when a certain John Collyer applied for assistance
to regain possession of his Bath chair. He said
that at three o'clock on the previous afternoon an
order came to the chair stand for a gentleman to be
taken up from a street at the back of St. Mary's
Church; he took the chair round, and found Dr.
Standen upon the door steps waiting for him. Not
knowing that the people of the house had shut him
out, and so got rid of a troublesome lodger, he
assisted him into the chair, and had been driving
him about ever since.

Magistrate—What, ever since three yesterday
afternoon—all night ?
Applicant—Yes, sir, except for a little while. I
can't get him out of the chair anyhow. I was
wheeling him about from three in the afternoon until
half-past two o'clock in the morning. (Laughter.)
Magistrate—l can't see how lam to help you;
he has got possession of your chair. Where is
he now ?

Applicant—He doesn't know I've come hero. I
left him and the chair opposite Mr. Agar's, the
butcher, St. James's-street.

Magistrate—But has he had any refreshment all
this time ?

Applicant—Lor bless ye ! Why I've druv
him to nearly every public-house in the town—
'specially the Pier-end; he calls for something to
drink, and then gives the best part of it away—
(laughter)—'cept what he puts in a little square
bottle he carries with him. (Loud laughter.)
Magistrate—Where did you drive him first ?
Applicant—To the Burlington. After that he
went to the Lord Nelson, the Bell, Bachelors' Lib-
rary, the Skylark, the Brussels, the Terminus, the
Sceptre, and from there to the Druid's Head, and
two or three houses up at East Cliff.
Magistrate—And he didn't get out of the chair
the whole of that time ?

Applicant—No, sir ; and he hasn't got out of it
yet.
Oh, dear; I don't know what I shall do, as a
lady wants it when I can get it again. (Laughter.)
After driving him to all these places, I was tired,
so I said to him, " When do you mean to go home
again, sir ?" " That's my business," says he, "you
mind yours, and drive me to the Pier-end." (Laugh-
ter.) And there, sir, we went from one house to
the other until it was twelve o'clock, and he
couldn't get anything else served. Then I dray
him about the town. (Laughter.)
Superintendent Coram raised a now roar of
laughter by adding that at one o'clock in the morn-
ing he saw the chair pulled up close to one of the
public lamps, by the light of which the doctor was
reading. (Renewed laughter.)
Magistrate—How long did he keep reading ?
Applicant—Not long, sir. Soon afterwards he
lit his pipe. (Laughter.) I was very cold, and
he said I might keep him " moving," so I pulled the
chair until between two and three, and we'd been
all over the town ; and then I says to him, quite
worn out, " Where are you going now ?" " Where
areto ? " says he. (Loud laughter.)
, H saysin I. Then he told me he hadn't any
youom Home,"
home to go to,. and he asked me where I was going
to put the chair ? I told him in the coachhouse,
where I kept it.
" Ah," says he, " that'll do very
well ; put me with it. I shall bo just as well in
this chair as in bed !" And so you know he would,
sir. (Loud laughter.)
Magistrate—And so you locked him up in the
coachhouse all night ?
Applicant—l left him there about three, and
looked in about five to see whether he was all right,
and then he told me he had never slept more com-
fortably in all his life. At half-past six I took him
a cup of coffee, part of which he drank, and told me
he was quite ready to begin his morning visits
when I was. But I ain't agoing to draw him about
the town all day to-day. (A laugh.) The chair
comes to 7s. for last night, and there's ever since
seven o'clock this morning to add to it.
Magistrate—Well, he can't make you draw him
about; that's optional. What was he doing when
you left him just now?
Applicant—Reading, writing, or smoking.
Magistrate—Really his friends ought to to some-
thing for him ; perhaps I had botter call upon them.
Can't you drive him to the union ?
Applicant—lf I ask him if he wants to go there
he'll want to call at some other place first.
(Laughter.)
Sergeant Bailey was directed to accompany
applicant to the chair, and try the effect of his
uniform and authority upon the occupant, A small
crowd accompanied them, and in due time the chair
was found where Collyer had left it. He received
orders from the doctor to call at the Druid's Head,
and after a craftily qualified cup at this hostelrie
the doctor was " caught napping." Collyer then
procured the services of a sturdy butcher, and the
key of an empty room attached to the Temperance
Hall having been obtained, Dr. Standen was lifted
from the seat he had stuck to for twenty-two hours
out of twenty-four, and deposited on the floor to
awaken to the realities of his novel situation, his
call at the Temperance Hall being certainly the first
to that spot.—Sussex Express.

ADAM'S BRIDGE.—On Monday morning was
issued the following report of the select committee appointed
to inquire into the practicability of shortening the voyage to
India :—lt appears in evidence that a passage between the
Island of Ramiscram and Point Tonitory, on the coast of
Madura, in the Presidency of Madras, has long existed,
Since the year 1837, when operations were commenced by
the Madras Government, under the superintendence of
Colonel (now Lieutenant. General) William Monteith, the
channel has been deepened from 31 to its present depth of
11 to 12ft low water, spring tides, at a cost little exceeding
£40,000. It is stated in evidence that the depth ccn be in-
creased to 15ft without an excessive outlay. The channel
is largely used at all seasons by the coasting trade of India
and the trade between India and Ceylon. Fr3m the Ist of
May, 1860, to the 30th of April, 1861, 2,447 vessels passed
through, having an aggregate tonnage of 205,529 tons, as
against 146,565 tons in 1859-60, in which latter year 21
English vessels and ono French vessel made use of tho
channel, one of the former, the Blue Rock, a ship 0f666
tons, drawing 13ft. water in ballast. The report saysr:a.;
"The evidence does not enable your committee to offer
opinion of the cost of deepening the channel to the
veesxsteen;t
required to accommodate the general trade for largevessels;
but but it is clear that great beneficial commercial
of deepening been already obtained at a very moderate results
codset.Tnhineg
They
thear
ye
therefore of opinion that the question
channel and improving thet,s Government; and approaches is deserving the
early aaentionofher
inquiriesMajes should be prosecuted on theythe
suggest that further
spot as soon
as possible to ascertain with certainty Whether
the passage between Ceylon and the mainland of India can
be made safe and practicable for the general trade at a mo-
mENT.]ollowa's Ointment and Pills.—
"phs.—. Any unnatural discharge from the
dGt;rfoaArtienouyesrz,tieT,is.sue7m.
skin is at all times disagreeable ' • but in hot weather it be-
come!,fu
~cro irritating,
l, a
ando
ssometimesscorbutic
uotffi
c en offensive,
}3adarelegelloedld,
wounus,eruptions
soothed, and cured by Holloway's Ointment. It at once
arrests all diseases of the surface by purifying and regu-
lating the circulation in their neighbourhood, by giving
energy to the nerves of the affected, part and by expelling
all poisonous and noxious matters. It ejects the seeds of
all virulent eruptions and ulcerations, and thus confers no
partial or temporary boon, but a complete and permanent
cure. By means of those remedies all sufferers may aim at
attaiziug lAckaltlz And will iAvariOly /wood,

MARRIAGB AND PoLnicA-si 1N FRA' NC.g •

-- ~-

It has often been said that in the absence of poli-
tie9l liberty no municipal or religious freedom,
however humble its sphere, is safe, Our contem-
porary history gives the most striking confirmation
to this truth. One must live beneath the Empire
to understand how far the intervention of absolute
power can actually be thrust into private life.
Here is a curious example which forms the topic of
conversation in the Parisian world at this moment.
A wealthy merchant of Bouen, 111. Levavasseur,
had promised his daughter in marriage to the
young Vicomte de Bondy, son of an ancient peer
of France, of very decided Orleanist opinions, and
a friend from childhood of the Comte de Paris,
whom he accompanied last year on his travels in
the East. The marriage was on the point of being
celebrated when an obstacle, assuredly quite un-
foreseen, knocked all the plans on the head.
M. Levavasseur had married his eldest daughter to
the Marquis de Conegliano, chamberlain of the
Emperor. The Marquis repairs to his father-in-law,
and bids him observe that the projected alliance
with a family known for its hostility to the Empire
would be ill-brooked (" tres mal vue," sic) by tho
Government, that his own personal credit and the
affairs of his father-in-law might suffer by it, and
that after serious reflection he thought it prudent
to dissuade the match. M. Levavasseur, it seems,
appreciated the advice of the chamberlain, for he
intimated to his daughter that he meant to chose
her another husband than M. de Bondy. The
young girl, with whom the political questions af-
fecting her father went for nothing, answered that
she, for her part, was resolved to marry no one but
M. de Bondy, and that she would withdraw until
her marriage to the house of her uncle, M. Fonte-
nillat (Receiver-General at Bordeaux). M. Fonte-
nillat received his niece. A few days after he was
summoned before the Minister of Finance. M.
Fould spoke to him at great length upon the inci-
dent related, expressed to him the keen displeasure
of the Government; and declared to him that if he
continued to encourage the resistance of Mdlle. Le-
vavasseur to the parental wishes he would expose
himself to the loss of the high functions with which
he was entrusted. M. Fontenillat replied, that if
M. Fould spoke as a man of the world, he thanked
him for his advice ; but if he spoke as a Minister,
it was surprising that he should interfere in such
matters. A few days later M. Fontenillat is in-
vited to appear with his niece before the Empress.
The Empress addresses Mdlle. Levavasseur, and
presses her to yield to the desire of her father, and
to give up a marriage which would grieve her
friends. "We have often received you with plea-
sure at the Tuileries," added the Empress; " after
the [marriage which you wish to contract, your
access to court would be impossible." "Madame,"
answered Madlle. Levavasseur, with sufficient firm-
ness, "I am very grateful for the kindness of your
Majesty, but when I am married I shall go to the
friends of my husband." While we write things
are at this stage. It may be presumed that the
marriage will take place in spite of the high in•
fluences employed to prevent it. But can you con-
ceive one of your own countrymen called upon to
treat of matrimonial affairs in Downing-street, or
at Windsor P—Paris Correspondent of the Spec-
tator.