The Sun.
London, England, 1854-10-31 00:00:00

THE QUEEN V. FERGUSON.

Two applications were made yesterday at Judges'
Chambers in this matter, which has created a good deal
of interest, before Mr. Justice Crowder and Mr. Justice
Crompton. The defendant, a Roman Catholic priest, it
will be recollected, was indicted for felony in performing
an alleged illegal marriage at Fulham. On Thursday at
the Central Criminal Court an application was made to
postpone the trial, as the case involved several important
points of law, and subsequently it stood over for an ap-
plication to be made to a judge at chambers for a writ of
certiorari to remove the indictment into the Court of
Queen's Bench.
The first application on the present occasion was
made to Mr. Justice Crowder in consequence of the
non-arrival of Mr. Justice Crompton from Cambridge.
A clerk from the office of Mr. Harting, attorney for
the defendant, attended, and Mr. T. Alley Jones for
the prosecution.

Mr. Alley Jones informed his lordship that it was an
important case, and he had no objection to the writ of
certiorari being issued to remove the indictment, pro-
vided the trial took place at the sittings after Michael-
mas term, and also on payment of the costs of the day
at the Central Criminal Court. He felt bound to insist
on the costa, as the parish of Fulham, who prosecuted,
would have no remedy for them.
On the part of the defendant the minute of counsel on
the brief was relied upon, stating " Certiorari by con-
sent on the usual terms," and he was not aware that the
costs of the day were made a condition.
Mi. Alley Jones said he had had a communication with
the Registrar-General, and he bad no objection to the
indictment being removed. All he (Mr. Jones) requires
was a speedy trial and the payment of the costs of the
day, when Chief Baron Pollock expressed himself in
favour of the application.
Mr. Justice Crowder said the officers of the Crown
office would state what were the " usual terms," and as
the parties were by the .indorsment on the brief, they
had better ascertain what was meant.

Mr. Ailey Jones said it was clearly understood that
the costs of the day were to be paid, and he should re-
sist the application, as it would be a loss to the parish.
On the suggestion of his lordship the parties pro-
ceeded to the Crown Office, and the officers were of
opinion that the indorsement " the usual terms" would
not include the costs of the day. The defendant was
liable to all costs on conviction, consequent on the writ
of certiorari.
Subsequently the parties went before Mr. Justice
Crompton, and the circumstances were detailed to his
lordship, and the grounds stated for opposing the appli-
cation, unless the terms mentioned were complied with.
Mr. Justice Crompton said the case was before him a
few days ago, when a similar application was made, and
he had refused the writ of certiorari.

The question was discussed, and his lordship was
urged to grant a writ to remove the indictment.
The Chief Baron was in favour of a postponement.

Mr. Justice Crompton thought it was a proper case
to be tried at the Central Criminal Court, and not in the
Court of Queen's Bench, and he should therefore refuse
the application. The parties might, however, if they
thought proper, apply to a full court at the commence.
ment of term for the writ to issue.
It was stated that an application would be made to
the full court on the first clay of term.
The defendant is on bail in the sum of 1,6001.

FATAL ACCIDENT ON THE NORTH
STAFFORDSHIRE RAILWAY.

An accident of a most terrible description occurred on
the above line of railway on Saturday evening last, be-
tween 5 and 6 o'clock, by which two boys lost their lives,
and a third had a near escape. The boys were going
from Burslem to Newcastle by the field road, and had
to cross the railway at Lunt's-level crossing. Two of
them were walking together. One of them had his arm
on the shoulder of the other and was talking to him ?
the third was about half a yard behind them. As soon
as the two first got on the up line a light goods train
came up, and the engine struck the two first, and forced
them about 20 yards up the line, and the train passed
over their bodies. One was killed instantly, his head
was severed from the trunk, one leg was cut off, and the
body was frightfully mangled. The other lived only a
few minutes.
An inquest was held on Monday morning last at the
W.
the Hardinganage and
n ofd
Pack-horse Inn, Longport, befiireorMsyrt.h
,
a most respectable jury. Mr.
F
the railway, and Mr. Keary, solicitor to the company,
were in attendance.
The above facts having been given in evidence, the
jury returned a verdict of " Accidental Death."

THE ACCIDENT ON TUB LONDON AND NORTH-
wEsTxRN RtLwate coroner's inquest was held
h body of Elijah Clark, the stoker of the
i .—A-
yesterday o.n
xthe London and North-Western Rail-
was caused by a collision between the
and a cattle train at the Tring station.
express ss
w h o trainse d
e oal s t h
express train i
The accident was reported in The Sun of yesterday, and
the evidence given before the coroner threw no new light
on the cause. The jury returned a verdict of accidental
death, and appended thereto that "the jury desire to
express their opinion that death was caused in this case,
and may be caused in other cases, by a practice of moving
engines up and down sidings, in order to pump water
from the tender into the engine boiler, such engines, un-
less very carefully driven, being liable to foul the main
line."

A LONG ASSTZES.—The Cork Constitution says :---
" The summer assize of 1854 will be remembered as the
most protracted which has ever been known in this city.
It commenced in August and did not terminate until
Thursday last, owing to the indisposition of the presiding
ticllo.7