The Sun.
London, England, 1865-06-20 00:00:00

THE SEIN, LONDON, TUESDAY EVENIING,. JUNE 20, 1865.

the house for its approval before being adopted by the
Government.

Reference having been made in the course of the discus-
sion to the contemplated razing of Burlington House,

Mr. COWPER assured the house that no intention of the
sort was entertained. The vote had no bearing upon the
buildings, but was simply for the preliminary step of ac-
quiring the site behind the gallery.
Sir J. PAKINGTON was willing to entrust the Govern-
ment with the sum asked for towards purchasing the land
at the rear of the gallery, which was indispensable for the
erection of a fitting building, on the understanding, how-
ever, that. there should bo as little harmony as possible
between the old and the now structures, and that the gal-
lery should be made.worthy of the purpose for which it
was to be adapted.
Mr. HENLEY. in assenting to the vote, declined to
pledge himself to any scheme that the Chief Commissioner
of Works might, for aught he knew, have in his head at
that very moment.
The vote was agreed to, as were also £700,000 for the
site of the new courts of justice and offices, and £53,500,
the supplemental estimate for Greenwich Hospital. With
these votes the estimates for the year 1865-66 were disposed
of, and the fact was hailed with a loud cheer by the house.
The Greenwich Hospital Bill was considered, and seve-
ral amendments having been agreed to, the third reading
was appointed to be taken at a morning sitting to be held
this day.

The Fortifications (Provision for Expenses) Bill was
passed through committee.

The other orders were also gone through, and the house
adjourned at a quarter past two o'clock.

The Catastrophe on the South-Eastern•

THE INQUEST.

COMMITTAL OF THEDISTRICT INSPECTOR AND
FOREMAN PLATELAYER FOR MANSLAUGHTER.
STAITEHURST, Monday.
The inquest on the bodies of the 10 unfortunate persons
who were killed by the oversetting of the up tidal train, on
Friday, the 9th inst., was resumed this morning by Mr.
Neve, at tho South-Eastern public house.
Mr. Freeland, the solicitor, Mr. Eborall, the general ma-
nager, Mr. Knight, the traffic superintendent, Mr. Harris,
the deputy traffic superintendent, Mr. Ashcroft, resident
engineer, Mr. Cudworth, the locomotive engineer, and
other officials of the South-Eastern Railway Company
were again in attendance. The relatives of the various
persons killed or injured were represented by the follow-
ing solicitors :—Mr. Steele, of Bloomsbury-square ; Mr.
Vining, lloorgate-street-buildings ; and Mr. Abrahams, of
Gresham-street. Mr. Minter, jun., of Ashford, appeared
for Gallimore, the district inspector, and also for Henry
Benge, who was brought up from Cranbrook in custody of
Mr. Superintendent Ovenden.
the jury having been sworn, the following evidence was
called :

Mr. P. Ashmore deposed—l am the resident engineer of
the South-Eastern Railway. I live in London. The repairs
to the viaduct were done under the order of the district
inspector, who would see the necessity for them, and apply
to the stores for the necessary timber. Mr. Gallimore is
the district inspector, and I believe I appointed him nearly
11 years ago on this line. He has been with me nearly 20
years. I may have seen the bridge as I passed down, but
I had no notice of the repairs, but if they had been of a
protracted character that could not be done safely be-
tween trains, I should have had notice from Mr. Galli-
more three days before the repairs were begun, and I
should give a like notice to the general manager, that
printed notices might be issued to all the officials on the
line. Mr. Gallimore was responsible for theproper carrying
out these repairs, and, I apprehend, to see that fog signals
were supplied. It is his duty to report any irregularity. He
did not report these repairs, as I presume he thought—as
the Government inspector had said—that it was such work
as could be done between trains, and without the necessity
of diverting the traffic on to a single line.
By the Rev. Mr. Moore (the foreman of the jury)—lt
would be the duty of Mr. Gallimore to report any habitual
disregard of instructions by the platelayers or signalmen.
We have it in evidence that the signalmen went out some
500 yards only habitually ? Ought he to have seen that ?
—Yes, if it was habitual.
Are you aware that it is habitual on the line ?—Certainly
not. If I had seen it I would have had it corrected. I con-
sider Benge quite capable of taking charge of the three as-
sistants under him, and the signalman has been in the ser-
vice 20 years, and he ought to have been able to do his duty.
I consider, if there has been an habitual disregard of duty
by the subordinates, it was clearly the province of Mr. Gal-
limore to correct it.

By Captain Usborne juror)—l think a man who has
been a signalman for 20 years should know his duty, and
the inspector should know that ho does know his duty.
By Mr. Abrahams—Mr. Gallimore appoints the foreman
of the platelayers, and should see that he is properly pro-
vided pith a watch, tools, and everything necessary for the
works.

By Mr. Minter, jun.—Mr. Gallimore would have perhaps
twenty gangs under his charge. He could clearly not be
present at everything that was being done in his district.
Whiles, the signalman, is a steady, moral man.
By Rev. Mr. Moore—Whiles ought to have known that
he should have gone out 1,000 yards. Bengo should have
seen he did so, and had Mr. Gallimore known that the
signalman habitually went out only 550 yards he would
have corrected it. _ Though it may have been habitual that
the signal flag was only sent out 550 yards, yet it is possi-
ble that Mr. Gallimore may not have noted it.
Mr. Steele, who appeared for Major Francis, was about
to put some questions to the witness when the coroner in-
quired whom he represented.
Mr. Steele said that when he first attended the inquiry it
was for Major Francis, one of the injured, who was then in
imroinent danger, but now happily much better. He was
aware that he had not any locus standi, as ha did not appear
for any of the parties into whose death the inquiry was
being held; but he had postponed many important questions
until one of the superior officers of the company ware called,
which would show that the directors, and the directors
alone, were in fault. Not, however, having any locus staudi
he would refrain from asking anything further.
By Mr. Freeland—lf Mr. Gallimore saw the signalman
standing out, it was his duty to decide whether that was
the proper spot for him to be at.

By Mr. Reeves, a juror—Every platelayer furnishes a
report to his inspector of the requirements, and the inspector
sends it in to my office, and whatever is required is furnished.
If no fog signals had been applied for, it would be imagined
that ho had some in stock.

Joseph Gallimore, having been cautioned by the coroner,
said—l am district inspector of permanent way from Ash-
ford to Tunbridge and Paddock Wood to Maidstone, about
36 miles. I have about 150 men under my charge. Benge has
been under mo ten years, but as foreman only two years and
ten months. Benge signed the usual declaration, but was
never sworn in as a special constable. I gave Bongo instruc-
tions as to the work, and told him to be very careful and
mind and not break the road till ho was quite sure he had
time to get the timbers in and the road properly repaired. I
told him to take care and send the proper signals out. I
said nothing about the fog signals; he had his rules, and I
considered he would act up to them. He ought to have sent
the flag out 1,000 yards. I was only present once when the
road was broken, and I saw the signalman out nearer the
viaduct than Sloman's crossing. I did not go down to see
how far it was, nor that fog signals were down. I supposed
he had all the proper signals, or that he would have applied
to me for them.

By a Juror—l object to say whether I have any other
business than that which I have underlie railway company.
By Dir. Abrahams—Benge had a guinea a week, and other
platelayers 18s. He was called foreman. It was his duty
to see the line was well kept, the keys in, and so forth ;
that when the line was broken the signals were sent out, and
the fences and gates in proper order. He had to examine
the metals on the bridge once a month specially. I have
never seen him write, but I receive a report weekly from
him. Benge's district is two miles. I have seen him
examine the line in the usual way. lam obliged to leave
the line to Benge and others without supervision, as I can-
not be everywhere. I have not been suspended from my
duties.

By Mr. Minter, jun.—l have 150 men under my control
and also some extra men. Igo over the line every day, and
part of it twice a day. Before we began the work I consulted
with the foreman carpenter and agreed on the work, but
had no idea that it would be so long a job, as we found some
of the timbers worse than we anticipated. The rails are
being removed all over the line. When I give the foremen
the book of rules I tell them to read them, and give them a
few days to do so before they sign for them.
By Mr. Freeland—l do not think that Bengo was ever
sent out as a signalman before he was foreman. I have been
on railway works, and was for eight years on the Groat
Eastern, as it now is, (A laugh.)
By Captain Usborne (a juror)—l have seen the fog-sig-
nals down and the men out the proper distance when I
have been with them. We count by the telegraph posts.
Henry Martin said—l am signalman at the Headcorn
Railway Station. The up-trainbefore the tidal passedHead-
corn on Friday the 9th inst. at 2.44. The " all right" signal
was up when the tidal passed at 3.10. I knew the bridge
had been under repair for two months. They never asked me
to put up a caution signal. I could not see the bridge ;it is
a little over two miles off. On that day I could perhaps
see a man with a flag half a mile off.

George Crombie said—l am engine driver in the employ of
the South-Eastef n Railway, and have been so for ten years
and a half. I had charge of the tidal train on Friday, the
oth, and left Folkestone at 2.3 G. I passed all the stations
at the usual speed. I was about 350 yards from the danger
signal when I first saw it. It was in the six foot, about 100
yards from the bridge where the rail was taken up. It was
a red flag, and the man waved it in his hand as I was ap-
proaching.
Are you positive as to the distance 2—l cannot swear. I
had not time to measure it. I don't know Sloman's crossing.
I shut off the steam, gave the guard the whistle, reversed the
engine, and did all I could do. I slackened a great deal. I
should think we went over the viaduct when we were going
10 or 12 miles an hour. We did all we could as rapidly as
possible ; but I cannot say whether it was a minute or not.
I had seen the men at work there several days, but I was not
aware the plates were being taken up, nor did I have any
caution whatever. The Ileadcom signal was " all right." I

do not know that the flag was exhibited beforo I saw it. We
had a beaming sun in our face, very powerful. I had looked
out all the way up to lleadeorn andbeyond. On that road on
such a day, and going at such a speed, I should want at least
three-quarters of a mile to pull up. There were no fog
signals out.

By the Rev. Mr. Mooro (foreman of the jury)—l have
often driven tidal trains, and we had that day the usual
allowance of brake power. I imply we should require the
brake power as usual to stop the train as I mention. We
never pass a red flag without stopping.
By a Juror-1 have often overrun fog signals after pass-
ing the red flag, and passed the red flag hundreds of times
without hearing tho two explosions of fog signals. Fog
signals are most used in foggy weather, and although we
attend to hear them, we very often do not. I never counted
the telegraph posts' distance, where the rod flag is usually
put.

By Mr. Abrahams—lt would have taken three-quarters
of a minute to stop the train.
By Mr. Minter, jun.—l was nearly three-quarters of a
mile past the overbridge on the London side of lleadcorn
station when I first saw the signal. I could not have
stopped the train in 500 yards. I did not know the amount
of brake power I had.
By Mr. Freeland—lt is only an idea of mine that it
would take three-quarters of a mile to pull up that train,
at 50 miles an hour, with the brake power I had.

Joseph Gallimore recalled and examined by Mr. Bradbury,
the managing clerk to Mr. H. Ody, solicitor, 14, Trinity-
street, Southwark—Benge was not bound to go out with
the signalman to ascertain that ho went 1,000 yards. It is
always necessary to put down fog signals when repairs aro
going on. The fog signals should be put down by the
signalman. .

William Martin, farm labourer at Headcorn, said—On
Friday, the 9th, I was at work in a bean field below
Sloman's crossing, on the Headcorn side, adjoining the
line. I did not see the accident, as the hedge divided us.
I was from 90 to 100 yards below the crossing. Ido not
know how far the crossing is from the viaduct. The signal-
man was there when the train approached. He held out the
flag before the engine, but what it meant I do not rightly
understand. He was not waving it. I know it was John
Whiles, as I saw him after the accident. The danger whistle
was sounded when the engine got level with the flag. It
was not a double whistle, but a continuous whistle, which
lasted till the accident happened. I saw the engine coming
up, and just as I turned round I saw the engine and the
flag all of a lump. I had not noticed the flag on any day
before.

By a Juror—l did not notice whether the white steam
had ceased to come out of the funnel.

By Mr. Bradbury—l do not know whether the steam was
shut off. lam sure the signalman was where I have stated.
John Goldsmith, -labourer, from Headcorn, said that on
Friday week he was at Sloman's boanfleld, at the other side
of tho viaduct. Saw the signalman at the same place as last
witness did. He waved the flag just before the train came
up, and the whistle was sounded just after.
By the Rev. Mr. Moore (foreman of the jury)-1 am quite
sure the whistle was not sounded till the train got up to
the signalman.

By the Jury—The engine was seven or eight rods from
the flag when I first saw it.
William Beattie said--I have been fireman five years in
the South Eastern Railway Company's service. On Friday
I was on the tidal train engine. I first had notice of tho
danger by the whistle sounding—two quick whistles. I was
attending to the fire, •but jumped to the brake and saw the
red flag as Ilooked round. I then looked forward and saw
the rails were up. I was putting tho brake on, but had not
got it on thoroughly when we passed the red flag. I was so
engaged that I cannot say the distance at which my mate
saw the flag,ibut he must have seen it. There was a strong
powerful sunlight out that day.
By the Rev. Mr. Moore (foreman of the jury)—l was not
hurt much, and remember all that took place. I should say
there were from 40 to 45 seconds between the whistle and the
disaster, and when I first saw the rails up we were not more
than 20 to 25 yards off, just upon it in fact. in would take
20 seconds to put the brake on. We never pass a red flag.
I had noticed the repairs going on.
By Mr. Bradbury—l cannot say whether if the engine-
driver had been looking out he could have seen the flag at
800 yards distance.

Mr. Cornelius W. Eborall, recalled, said—There has not
been any accident to a tidal train before of this destructive
nature, nor do I know of any passenger being hurt who
travelled by the tidal train, or on this part of the line.
By Capt. Usborne (a juror)—lt was the duty of Bang() to
instruct the platelayer Whiles as to his duty. If there was
habitual neglect of the use of fog signals and flags as to dis-
tance, it would clearly and decidedly be the duty of the dis-
trict inspector to discover it.

Byanother Juror—That train could, as I think, have been
stopped at about 600 or 700 yards, looking at the brake power.
By Mr. Abrahams—The signals were sufficient to protect
the train if they had been carried properly out. The fore-
man of the platelayers ought to have placed the signalman
Whiles at the proper distance, 1,000 yards off.
By Mr. Bradbury—The guards might not know that re-
pairs were going on, as they were of such a character as not
to:require a special notice. I believe Bongo to be a very steady
man, and I am sorry to see him in the position ho is now.
Capt. Rich, the Government inspector, being recalled, said
—I am anxious to explain that since I gave my evidence I
find that only two of the three brakes that were attached
to the train were applied. When I stated the other day
that the train could have pulled up in 500 yards I was under
the impression that the whole of the brakes had been
applied, but as there was one brake less down, that would
have the effect of somewhat extending the distance within
which the train could have been brought to a standstill.
The Coroner then proceeded to sum up and read over tho
evidence very carefully. He impressed upon the jury the
necessity of their dismissing from their minds anything they
had heard out of doors, and considering the matter solely
on the evidence which had been adduced before them. It
was proved that the ten persons who had been killed had
met with their deaths by drowning or other injuries they
had received from the train running off the lino. It had
also been proved that the train ran off the lino in conse-
quence of two 21. feet lengths of the line being up. By the
rules of the company the ganger of the platelayers (Henry
Benge) was the man responsible for the safety of the line.
He was a man of experience and must have known how
long it would take him to do the work. It would have re-
quired at least three-quarters of an hour to complete it.
He with his men commenced the job at 2.51 in the after-
noon, and the tidal train was due at 3.18, or only 28
minutes afterwards. When the train arrived at the via-
duct the work was not half finished. It appeared that
Benge had told Mr. -Eborall, the traffic manager, that he
had made a mistake, and had taken the Saturday time-
table instead of that for Friday. That would have given
him two hours more to do the work, which would have
been ample for him to have done it in safety. No one could
imagine that he would have made the mistake intentionally,
but if that act was one of culpable negligence, it would
render him criminally responsible for it. By ono rule of the
company, it was provided that when they wanted to stop a
train, it should be done by detonating signals, and that one
should be laid down at every 250 yards until the signalman
reached 1,000 yards, and that then there should be two laid
down, and ono danger flag exhibited. This would have
given them five signals and the danger flag. Had thesopre-
cautions been carried out, in all probability the train would
have been stopped, and the accident never happened. That
was the opinion of the Government inspector. But it ap-
peared the man went back only 500 or GOO yards, and that
no detonating signals were used. It was also shown that
although the works at this viaduct had been going on for
10 weeks, Benge had never used detonating signals. It was
attempted to bo shown that Benge was an illiterate man,
and an ill-paid servant, but it was the opinion of the Go-
vernment inspector that he was a fit man to be so employed.
If it turned out otherwise, his unfitness for the situation
would be a question for the judge and the jury who might
have to try him. With respect to Gallimore, ho was the
person under whom these repairs were being executed. He
admitted that he did not inquire whether the fog signals
were used, and that ho did not apply for any special order
from the general manager, calling the attention of guards
and drivers to the repairs that were going on. If they were
of opinion that he knew that the fog signals were habitu-
ally disregarded, without calling attention to the fact, he
would be guilty of such gross neglect as would make him
criminally liable on a charge of manslaughter. After refer-
ring to the conduct of Whiles, the signalman, and Crombie,
the driver, both of whom he exonerated in general terms,
the learned coroner concluded by saying that the line bad
been singularly free from accidents. The rules of the com-
pany had worked extraordinarily well, and had they been
adhered to in the present instance, there would doubtless
have been no accident. It appeared to him, however, that
-official orders cautioning drivers and guards, whenever
works of this kind were about to be undertaken, should be
issued, that the number of district inspectors should be in-
creased, and that a more constant supervision should be
exercised.

The jury retired at 20 minutes past 5, and after an ab-
sence of upwards of two hours returned into the inquest

room.

The Foreman (the Rev. Mr. Moore) then said—Our ver-
dict, Mr. Coroner, is one of "Manslaughter against Joseph
Gallimoro and Henry Benge."
The Coroner—How many of you have agreed to that ?
The Foreman—Twelve against Joseph Gallimore, and
sixteen against Henry Bongo. I ant desired by the majo-
rity of the jury to append to our verdict the following :
"The jury, fully recognising the general sufficiency of the
company's rules to insure the public safety, yet strongly
recommend that, when possible, notice shouldbo given from
a previous station•of any works involving the breaking up
of the line."

Mr. Eborall (general manager)—Mr. Coroner and gen-
tlemen of the jury—I will take care that that recommen-
dation is placed before the directors of the South-Eastern
Railway Company, and I am quite sure they will give it
their most serious consideration. Before leaving here to-day
I have to express my regret, on behalf of the company,
that you should have been called upon to inquire into so
serious a calamity, and I trust that means will be taken to
prevent such another occurrence. I have also publicly to
thank you all residing in this neighbourhood for the kind,
humane, and Christian attention paid to the unfortunate
sufferers by this dreadful calamity.
These remarks were received with approval by the jury,

and the Coroner then made out the warrant for the com-
mittal of Benge and Gallimore to prison, the warrant being
placed in the hands of Superintendent Ovenden for due
execution.

Death of Mr. G. Wingrove Cooke,

(From the Times.)

A sudden and untimely fate has deprived the
world of a brilliant writer, an elegant scholar,
and a most amiable and accomplished gentleman.
Mr. Wingrove Cooke, who achieved for himself a
high literary reputation while yet an undergraduate
at Oxford, and whose many subsequent productions
gave evidence of the versatility of his powers, has
been unexpectedly cut off in the prime and vigour of
manho and in the plenitude of his cultivated in-
tellect. He had apparently been only slightly indis-
posed for a couple of days, and until Friday last had
attended to his usual duties, as Commissioner, at
the Copyhold and Enclosure-office in St. James's-
square. On Saturday morning, as he experienced
some unusual, but not very painful symptoms, ac-
companied by a tendency to faintness and a slight
difficulty in breathing, he remained at his house in
Cheyne-walk, where he received several intimate
friends, conversing with them almost as cheerfully
as was his wont. He slept soundly that night, and
rose on Sunday at his usual hour, feeling himself, as
he said, considerably easier and altogether better. A
few moments afterwards, however, his dressing-
room bell was violently rung, and the servants on
answering it found Mr. Cooke extended on a couch,
struggling for breath and wholly unable to articu-
late. It was at once obviOus that one of the large
arteries in the neighbourhood of the heart had given
way, and that the sufferer was already beyond the
reach of all human aid.

Thus has passed away from among us one who
was especially endeared to all who knew him by the
genial kindliness of his disposition, no less than by
his unblemished integrity and unswerving determi-
nation to discharge fully the varied duties that de-
volved upon him in the several relations of life.

Mr. Wingrove Cooke died in his 53d year. Thirty
years ago he had given to the world his " Memoirs
of Lord Bolingbroke," a work of no inconsiderable
merit, and one which, at the time it was published,
excited considerable attention as a remarkable
production of so young a mind. He was at-
tacked with vehemence by Mr. Croker in the
Quarterly, and was as warmly vindicated by the
Edinburgh and other leading organs of the Libe-
ral party. Two years later Mr. Cooke brought
out an impartial and carefully-written history
of the two great political factions which have
for so many years divided the country. The
" History of Party" is a standard work, and toge-
ther with " The Life of the First Lord Shaftesbury,"
published in 1838, established the reputation of their
author as a man of laborious and accurate research,
combined with a natural vigour and terseness of
expression usually the result of much greater prac-
tice than Mr. Cooke could at this time have had.
The memoir of Lord Shaftesbury, founded chiefly
upon materials left by Kippis, Stringer, and Martyn,
was frequently quoted by Guizot, who regarded it
as " a mine rich in historical authorities."

In January, 1835, Mr. Wingrove Cooke was called
to the Bar of the Middle Temple, and shortly after
achieved for himself an enviable position in his
profession by several able treatises, as well as some
well-considered tracts upon different branches of
law reform. Of the former perhaps the best known
are his compendium of " The Law of Defamation,"
" A Treatise on the Law of Rights of Commons and
Enclosures;" another on the " Law of Copyhold.
Enfranchisement," and an important work on "The
Law of Agricultural Tenancies and Leases," all valu-
able text books, and each comprising in a lucid and
condensed form a complete and well-indexed digest of
the particular branch of the law of which it professed
to treat. Mr. Cooke was for 12 or 13 years largely
employed, under the Tithe Commutation Counts-
sion, to decide cases of special difficulty in various
parts of the country, and also in adjusting disputes
relative to moduses and claims to exemption, during
the long period that all tithes throughout the king-
dom were undergoing the process of extinction. His
labour at this time was very great, as for many con-
secutive years he frequently held eight or ten im-
portant meetings a week, often at distant places.
He, however, found sufficient leisure even then to
publish very interesting narratives of his vocation
rambles. Of these, his " Conquest and Colonisation
of North Africa" is perhaps the most instructive
and elaborate. In 1856 he gave a vivid description
of what he saw in the Crimea, under the title of
" Inside Sebastopol." In 1857 he accepted an en-
gagement from this journal as its special correspon-
dent in China, where he remained for upwards of a
twelvemonth, having during that period penetrated
further than any former European into the interior
of that strange land. His letters, which originally
appeared in these columns, were edited under the
title of " China and Lower Bengal," and went
rapidly through six successive editions.

On two occasions Mr. Cooke offered himself un-
successfully as a candidate in the Liberal interest
for Colchester, and once in 1861 for the borough of
Marylebone. In the following year a Commissioner-
ship in the Copyhold and Enclosure Office, in the
gift of the Home Secretary, was offeredtoMr.Cooke
entirely without solicitation on his part. It is almost
superfluous to add that a better selection could
scarcely have been made. His colleagues, indeed,
will long feel the loss they have sustained in the
great experience that Mr. Wingrove Cooke pos-
sessed, no less than in the readiness with which his
judicial and nicely balanced mind, in the many
intricate and involved questions continually occur-
ring in his department, was at once enabled to
grapple with the facts, and at the same time rarely
erred in affording a solution to the problem sub-
mitted to him. He wrote with facility and fluency,
and at the same time with marvellous terseness and
accuracy. Like Thackeray, he seldom corrected or
re-corrected ; like him, too, he had great readiness
in introducing an apposite illustration of the
views he was desirou's of enforcing, and these
illustrations often showed a keen appreciation
of humour. His many friends will deeply
regret the loss of one who was esteemed and
loved in proportion as he was known, and whose
useful life, whose many accomplishments, and
whose kindly disposition, gave promise of good
service to the public and increased favour to him-
self in the society he adorned.

LAW INTELLIGENCE—June 19,

COURT OF COMMON PLEAS.

(Sittings in Banco, after Term, before Justices Wiles,
Byles, and Keating.)
IRWIN V. sin GEORGE GREY.

This case came before the Court on error in fact. The
plaintiff presented his petition of right, and the Crown
directed right to be done in respect of certain wrongs of
which the plaintiff complained against the defendant as
Secretary of State for the Home Department. The case
came on for trial before a special jury, and a verdict was
found for the defendant. The plaintiff now, on the ground
that there was error in fact on the trial, sought to set aside
the verdict as not binding. A special jury of 24 was struck,
but without the knowledge of the plaintiff eight out of the
24 were not summoned. On tho morning of the trial 10 of
the special jurysummonedwere in the box before 10 o'clock,
and a tales being prayed by the Crown, two common jury-
men made up the 12, and the jury were sworn before the
clock struck 10.

Mr. Irwin, in person, now contended that according to
the statute 6, George IV., cap. 50, sec. 37, the names of
the special jurors were to bo called over "at or after 10
o'clock." That this was not done, and that had it been
done there might have been a full special jury ; and,
further, that tales could only be prayed when the special
jurymen were in default in not coming; and they Were
not coming because a third of them had not been sum-
moned. On these grounds he contended that the issue had
not been tried by the appointed jury, and the verdict was a
nullity and the judgment founded on it erroneous.
Mr. T. Jones and Mr. Hannon appeared for the Crown.
The case was only part heard when the Court rose.

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SPIRIT OF THE PUBLIC JOURNALS•

-..-----

TIMES.—The King of Prussia has once more
parted in anger from his Parliament. One of the
Powers of the State has felt it its duty to administer
a severe lecture to the other. So it has always been
in Constitutional struggles. The King invariably
assumes to himself the position of the injured party,
and, by virtue of that " divinity -which doth hedge
a King," the right to lecture his Parliament to
whatever extent he may feel necessary. Parliament,
on the contrary, uniformly takes a humble and de-
ferential attitude, and, however firm in matters of
substance, is tame and yielding as far as the mere
form of its proceedings is concerned. This custo-
mary contrast was never better illustrated than in
the very simple proceedings between the King of
Prussia and his Parliament. The truth is that the
King has flagrantly and notoriously, again and
again, violated the Constitution which he has
solemnly sworn to observe. He has laid before his
Parliament a Budget which they have refused to
adopt, and on their refusal lie has taken and spent
the money without any authority at all. This prac-
tice has been habitual in Prussia for the last three
years, and if use and wont could overrule a written
Constitution in this instance they would have done
so. The King of Prussia has been guilty of these
unconstitutional acts under the advice of M. Bis-
mark, into whose soul must have migrated the spirit
of all the arbitrary Ministers who have oppressed
mankind from the days of Strafford to those of
Metternich. By way of rendering his proceedings
still more offensive, the King makes this very
Minister the mediiim through which it is his pleasure
to communicate ; so that the Assembly of Prussia
have the double pleasure, of being lectured by their
Sovereign because he has violated and they have
observed the Constitution, and of receiving that
lecture from the lips of a Minister who, if right were
a little stronger and might a little weaker in Prus-
sia, would have to answer for the evil counsels he
has given his King and the mischief he has brought
upon his country. Nor was the language of the
speech less irritating than the occasion on which it
was made and the person by whom it was delivered.
The King says that if the welfare of the country had
been the supreme object of all parties decisive results
for its welfare might have been obtained; .but this
was not the case. In other words, Royal courtesy
tells the Assembly, not that they have been mis-
taken in the means which they have employed, but
that they never intended to promote the good of the
country. They have shown an intention to place
difficulties in the way of the Ministry by rejecting
the Budget, the Bills for the reorganization of the
army, the increase of the Prussian fleet, and the ex-
penses of the Danish War. The Assembly have
refused demands which the Government was com-
pelled to make. Instead of the desired understand-
ing the Session closes in mutual estrangement, and
the Government hopes that the day is not far dis-
tant when the nation, through its representatives, will
thank the King for the course he has pursued. It
is difficult to imagine language more foolish than
this, or better calculated to excite popular passion
against the person who uses it. We know that the
King claims his Crown by right Divine, but he has
not yet told us whence he obtained the power of
being always in the right, and the certainty that his
subjects must be always in the wrong. Does the
absolute nature of the title he sets up, proceeding as
it professes to do from a supernatural source, irra-
diate his mind with a corresponding amount of wis-
dom, and place him as much above the power of
being wrong as he believes himself above the danger
of being dethroned ? Certainly we should have
thought it enough to violate the law under which he
reigns, without reproaching those who have only set
him the example which he ought to have set them,
and refused to follow him in his violation of duty.
The people of Prussia have been appealed to more
than once in this quarrel, and it is but justice to
them to say that they have given no doubtful or
uncertain answer. Again and again, by the most
crushing majorities, they have returned a Parlia-
ment faithful to the laws of the land and the rights
of the nation. Again and again have the decisions
of that Parliament been set aside by a Prince who,
while he knows no law but his own will, still clings
to forms of Constitutional Government, and is for
ever reproaching those whose money he takes by
force because they have not laid it, as a voluntary
offering, at his feet. The prorogation,which puts us
in mind only too forcibly of some of the most melan-
choly periods in our own history, was succeeded by
a short debate in the Lower House, in which down-
right Herr Grabow, the President, whose speech
at the opening of the Session attracted so much
attention, spoke very plainly, as is his wont, on the
present state of affairs. " The debates," he says,
" have given a gloomy picture of the internal condi-
tion of the country. The King complains that no
understanding is arrived at, but what he demands
is the submission of the Chamber. He tries to
transform a constitutional State into an absolute
police and military despotism, but his efforts will be
wrecked upon the loyalty of the people to the Con-
stitution, manifested in three elections, and if we
may judge by the language of the King's Speech,
about to be manifested in a fourth." This remark-
able harangue was succeeded by three cheers for the
King, given at the proposal of the President him-
self. It is thus, as we have seen over and over
again, that princes trifle with those precious mo-
ments which separate the first period at which a na-
tion becomes thoroughly convinced that its- rights
are invaded from the second. From the time when
reverence for existing laws and institutions is fairly
worn out the nation divides itself into two camps—
the adherents of absolute power on the one side,
and the champions of popular supremacy on the
other. No one except the King of Prussia would.
say that his subjects have' ot shown themselves a
patient and long-enduring people. They have seen
the same Government which tramples on their
dearest rights over and over again challenge them
to record their opinion on its conduct, and over and
over again, when that opinion has been given against
it, treat the will of the nation with the most super-
cilious contempt. Has the King of Prussia consi-
dered how long these things are to go on ? Does he
think that by perpetually violating the rights of his
subjects he will reconcile them to their violation, or
that by repeatedly setting at naught the opinion of
the country he will inspire it with a respect for his
own? Certainly no King has ever been more fortu-
nate in the constitution of his Parliament than this
very King of Prussia, whose whole life seems to be
spent in thwarting its wishes and abrogating its pri-
vileges. Our rough ancestors would have risen in re-
bellion long before this had they been submitted to
such an ordeal as Prussia has of late years undergone;
but the Prussian Parliament, to its honour be it
spoken, has been as temperate as it has been firm,
and, while insisting on the maintenance of its own
rights, has scrupulously avoided any attack upon
the other branches of the Legislation. The Danish
War was populated with the people of Prussia, but
they have not suffered themselves to be dazzled by
military success, nor shown the least willingness to
sell their liberties in exchange for its barren and
inglorious triumphs. With all their respect and
their defence, they are gradually urging the Kin
to the edge ofKing a precipice over which he must be
precipitated unless, even at the last moment, he
consents to change his policy. He has long ap-
propriated the revenue without the consent of his
Parliament ; he will soon be driven, unless he can
come to terms with them, to raise taxes by prero-
gative. From that moment even semblance of
Constitutional Government is at an end, reconcilia-
tion becomes impossible, and the two parties must
sit watching each other with the resolution of avail-
ing themselves to the very utmost of the first ad-
vantage which the imprudence of their adversary
or their own good fortune may place at their dis-
posal.

POST.-If the condition of living in the presence
of a danger be inevitable, and the danger itself
irremediable, then the sooner that fact is established
the better for all concerned. It is quite time to
come to some conclusionion that point, in respect to
the labour of coal mining. Hardly a month passes
without a record of some disaster from the explo-
sion of fire-damp ; hardly a year without a catas-
trophe so vast, a sacrifice of human life so tremen-
dous, that the parallel is not to be found, save in
the experience of active warfare. A comparatively
safe coal field of Wales was on Friday last the
scene of another disaster from-fire-damp explosion,
greater than any subsequent to the Risca calamity,
when no fewer than a hundred and forty-two men
and boys were killed. The explosion which happened
on Friday, and of which the New Bedwellty pit
was the scene, resulted in a destruction of human
life, not so tremendous as the former indeed,
amounting to only twenty-six men and boys in all,
yet the number is, in itself, of startling magnitude,
to have occurred in any peaceful calling. It, more-
over, is associated with special circumstances that
would have demanded comment, even though ex-
plosion had not been attended with destruction of
human life. The case is one that goes further to
prove the inefficiency of Davy's lamp than any we
remember to have come under notice ; an assertion
that will be made good when we review the facts as
already evolved in evidence. The New Bedwellty,
pit belongs to the Tredegar Company. Hitherto it
has not had the character of being what is technically
called a " fiery" or a " sulphury" working—that is
to say, the fire-damp, although occurring there
sometimes, has never established itself continuously.
From time to time it has been necessary to test the
workings for fire-damp, and, when the latter was
discovered, it has been deemed expedient to work
by the reduced glimmering of the safety lamp of
Davy. Ordinarily, however, the workings have been
carried on by naked light ; and this brings us to
the point of testimony which strongly impugns the
safety of Davy's so-called safety lamp. According

to a regulation long established for the working of
this mine, it was the duty of a fireman to descend
the shaft every morning to test for the presence or
absence of explosive gas, and report accordingly ;
dependent upon which report the use either of safety
lamps or of naked lights for the time being was ruled.
On Friday morning last, in pursuance of this regu-
lation, the fireman, John Jehu, went down, and
came up reporting the presence of fire-damp in thait
department of the workings occupied by a man an
boy—David Jones and his son. Thereupon Ivork
ing by naked light was interdicted to these personsi
they were furnished with safety lamps ; and, arm'"
against the enemy with these, they went down tuie
pit under full consciousness of the danger imminent:
But, as may also be reasonably assumed, they wen"
down under as full an assurance that the Pall
lamp was, as they had often been told, a complete
safeguard happen no casualty from fire-damp xe plo-
sion couldp to any individual thus protected.
That which did happen the record makes known'
Through fire communicated by these very laniPs
—or, it may be, one of them—the explosive gas
ignited—blew up, and twenty-six human beings
were killed in a moment. having regard to the
immediate results of explosion, the calamity is as
great as in many cases when_ the actual destructiou
of human life has been far more considerable. I.t
usually happens that the " choke-damp," as lu
is called—the result of foul air accumulating throng')
the break down of ventilating appliances, the con-
sequence of explosion—has been more destructive to
human life than the fire-damp immediately. Fortu
nately the means for insuring the ventilation of Ole
New Bedwellty pit were more efficient than usual.
They did not break down under the shock of explo-
sion, for which reason the death-roll of twenty-s 1
was not swelled by casualties resulting from the
operation of choke-damp. The point -Co which we
would draw especial attention is the following
Here is a case in which the ignition of fire-damp's
actually brought home to the safety lamp—the in;
strument specially designed to ghard against it, an
,u
vaunted as unimpeachable whilst untampered
or not disordered. The most cursory review °.
attendant circumstances will show that the case 15
far more illustrative than it would have been if,
in-
stead of using the safety apparatus in an exceptional
way, the daily routine working of the pit had been
carried on by the illumination of safety lam?'
Under the last assumption the efficiency of the
in-
strument at any particular time could not be gua-
ranteed ; whereas, in the case under notice, the
guarantee is ample. That the two lamps take"
down by father and son—delivered to them iinine-
diately from store—were out of order is an assureP-
tion so improbable, so next to impossible, that we
will at once dismiss it. The only hypothesis on
which the postulate of infallibity of the Davy
can be upheld is, that the instruments taken downy °r
one of them at least, was tampered with. Here aga.l°'
in reference to this, we say that such an assumpto„:'
is improbable—up to the very verge of the imPossli
ble ; and this, be it observed, is the very limit °f
demonstrative evidence such a case admits ,°f.
Demonstration to the absolute there cannot vet
inasmuch as, in all the instances of fire-da011,3;
ignition by so-called safety lamps, the instrum,
h
are destroyed by the explosive shock wweto
follows. In such a case the utmost one can do is
strike a balance of probabilities, and act aceorL!
ing}y. Even in the absence of all collateral ell',
dente bearing upon this matter, the peculiarities °1-
this most recent explosion are such that they
would reduce the claims of infallibility urge
behalf of Davy's lamp to a very low status. But
behalf
other evidence there is and plenty of it.
often will it be needful for us to state, as we ha'
stated on many previous occasions, that Davy hiel-
self, the inventor, who should best have knowboot
regardednever his lamp as infallible ?
assured of this one has only to peruse his book 01
flame, wherein he acknowledges the lamp to be nre
safe in the presence of a current of air ; and, tit
°a'
advises a miner to guard the lamp with his
Now, the very essence of mine ventilation is a cur-
rent. The better ventilated a mine, the strongt
the current ; and thereby, anomalous though
may seem, under some circumstances the more °Il,
safe. Other causes of danger to the safety 10i_
are now well known; the chief of which being ads
hesion of coal dust externally. Here then stance
the fact : the Davy lamp may be regarded as
under the two stipulations, that air currents suftot
not exist and that coal dust be absent. Is it 11°
time to ask whether these conditions are not in-
separable from the practice of coal mining ?