The Sun.
London, England, 1853-08-22 00:00:00

. ,
si
-.'4/
. .
, ,• ~t, s: • / g
• 1
-, ; .•_ ~. , .c. . Ifi 2,
‘.7,4,- „.:,- ..c •a— - 171..4- - • 4 llll-
.. ,% ~,,,,,... .
/ ! ....t - --
k ' .
771/0;.1(.:, ASSIZE INTELLIGENCE.
7,.. gai -t.,
, 4 -:-,
f
4,, ~.
...As ‘,' • , ;,47-- 4 - % -pA le- is,- •-,t.-.." ... ,
.„,,,,......)
I iti , lt . .
it,* ci [,:,
'-• - , --ap -. / '7lk."- ' ° .fr' I -••,L r 0 4 1 i f'' ' ' --' / '. 4
' ' "
,t
~‘\ •t• ~,-• --‘. u) _._ , _ -, -di ,-"•2---1 -- • • ••• , -_____,„_______
~..'A.;•' I
1 '4" • . ,F, t,i• g
_I , ;;1.'., airMl-.,_ • • ,:',:-!'-'.F.• :••\IIIL - °. 0 ',:f4h, , - ,•,,,, )ix NORTHERN CIRCUIT.—LivERPoot, AUGUST 20.
•-lini,'W,',Y -' - 1 11.. '''''‘lNO,-- r'-'1:1-:-: 4:11*I;t1T-' ii..d.''''.l4,ll:-,::. '.+••°,7tl :11411ILIF/: :1-5:01.1%1°*,---,u ': '5-7-11-1111F‘‘- 's
\A::' ''../' ..
'-').:-',.: ; -4;3...
.::
CIVIL COURT.—(Before Mr. Justice Erie.)
--____.---
\--

CARATI, EXECUTOR, V. THE LANCASHIRE AND YORKSHIRE
RAILWAY COMPANY.
This was an action brought by the executor of the
late Mr. Constantine Carati, a Greek. merchant and
broker residing at Glasgow, who was killed by a railway
accident near Bolton, in March last, on the defendants'
railway, to recover damages for his family for his loss.
The Attorney-General for the County Palatine,
Mr.
Rill, Q.C. and Mr. Aspland appeared for the plaintiff;
and Mr. Serjeant Wilkins, Mr. Tomlinson, and Mr.
Marshall for the defendants.
It appeared that the plaintiff was travelling on the.
rier,ccalielz.irtasdrts
jehe.s thereNv
Nasmythe ivr
easheg Tahreadadtabnoedsecifli
elll oscillation. i
requestedoann
ypdanersfdseesnclgtahenr4B,c'atrrhareii
rtlliigvaeay: , on the 4th of March last, by a train
which left Belton at 5.45. After passing Halshaw-moor
station the speed was increased, until, according. to
various witnesses, the train was going at about 40 miles
at Dixon's-fold station a sudden jerk" was felt by the
brelonfffirtmliaerlyinaef.cer Asofmteer
druelnanyi.ngTahboeruet
he7o
o' j uwihnipoiii gthnei motion," and
Mr.a neda
Carati
awtoi
wor a
s w three
as
thrown over, and lie was severely injurd and taken to
to exatnine
remained until the 10th of April, when he died from the
injuries he had received. At the coroner's inquest which
6d
thØentraarirnivwinags
the line, which he did with others. Some of the sleepers
were longitudinal, and the bolts fastening the chairs of
the rails were some of them loose and raised tom inch--
some so loose that they could be pulled out by the fingers.
Many of the sleepers of the permanent way were decayed.
The chairs were spiked down on the sleepers, and this
mode of fastening had in some cases split the sleepers,
and the motion of the trains had loosened the spikes.
In other cases the rotting of the sleepers had left the
spikes loose. These spikes were driven every three or
four feet, and were not an efficient fastening. From
these causes the permanent way was unsafe and the
gauge not maintained. The engine used was a four-
wheeled engine, and one of the axles was broken. Six-
wheeled engines were safer, as if one axle were broken
the engine could still go on. In the opinion of Mr.
Nasmyth 40 miles an hour was not a safe speed with the
.
line in this state, and four-wheeled engines were parti-
cularly unsafe when a line was in this condition. In
his opinion,
• • the train had run off the line from the gauge
not being maintained, and the wheels of the engine run-
ningaxle. The fracture at the axle had been vary gradnalr,
Instead of being right across, a piece had
. evidently hel
between the rails, and not from the breaking of the
on to the very last, and there was a burnished appearanc
on the face of the adjoining parts of the fracture, as i
they had been in attrition against each other.
. Many o
the rails were loose. Four-wheeled engines were bette
where there were many curves on a line.. There were
many severe curves on this line. As evidence to esti-
mate
witnesses
th a
that
to be e
supported
rlte, 5001. to
et i.)
Annie 2, 50 0/ .Bar
Brown,
w year.n
the damages which ought to be awarded,
. it was
proved that the deceased had carried on business 10 or
11 years at Glasgow as a broker for export to a large
extent, and his net income was estimated by various
a wife and two children living at Lytham, and had had
a child born since his death, and supported his father
and mother at Constantinople' It also came out in evi-
dencechildren by him, and to whom he left 4001. by his will,
and an annuity of 1001. to his wife.
ftsaonl discoveredPlOahliaeautt
A. t
.this period
. the defendants offered terms to the
plaintiff, which were accepted, and a verdict was taken
for the plaintiff damages, 3,0001., which mere appor-
tioned by the jury-Is. for the deceased's father and
whoile hhadad
mother, one quarter to his widow, and the residue to his
three children.
There were five other actions against the same com-
pany, arising out of the same accident, which were also
arranged. In " Tritton v. The Company," a verdict
was taken for 2,0001. damages; in "Pugh v. The Same,"
for 1,000/. ; in "Sofiano et ux. v. The Same," for 150/. ;
in "Sofiano v. The Same," for 100/. ; and in "Kay v.
The Same," for 1,050/.—being a total of 7,3001. damages.
Another ease, of " Ford v. the Midland Railway
Company," was also settled by the plaintiff's counsel
agreeing to accept 5001. for injuries suffered in a colli-
sion. The plaintiff has died during the assizes.
Mr. Serjeant Wilkins wished, on behalf of the Lan-
cashire and Yorkshire Railway Company, to state that
the directors greatly deplored and commiserated the
sufferings to which the several plaintiffs had been sub-
jected in consequence of the accident. They had pur-
chased the line six years ago, and found that it had been
made under the first contract in an inefficient manner.
The traffic upon the line was immense, and it was im-
possible to close it altogether ; but from that time to
the present the directors had kept relaying the perma-
nent way and improving it. The directors had behaved
with great liberality, and he hoped they would stand
well with the public. Fewer accidents had occurred on
their line than on any other, and from the damages they
had had to pay for this accident, it would be seen that
self-interest alone would induce them to keep their per-
manent way well.
Mr. Justice Erie said, he thought the damages now
paid would be a matter to quiet the public mind 'with
respect to proper care being taken to avoid railway
accidents. A great desire had been manifested to make
railway directors felons, by prosecuting them for man-
slaughter in cases of death from railway accidents. It
had, however, always been his opinion, that civil actions
and the costs imposed consequently would secure proper
care.

[PRICE SD.

great tact and presence of mind in the novel circum-
stances in which he was placed, and I have to instruct
you to signify to him the special approval of her
Majesty's Government.
" You will also convey to the Rev. Dr. Medhurst the
thanks of her Majesty s Government for his very able
and interesting digest, enclosed in your despatch, of the
pamphlets obtained from the insurgents.
"I am, &c.,

(Signed)

" CLARENDON."

NAVAL INTELLIGENCE.

PORTSMOUTH, Aua. 21.

---
According to present orders Rear-Admiral Corry will
lead the Channel squadron to sea for a month's cruise
to-morrow.

The Barracouta, 6, paddle-sloop, Commander George
Parker, was ordered to Cowes to-day to attend on the
Court in the absence of her Majesty's yachts Victoria
and Albert and Fairy, which leave, we believe, to-night
for Holyhead to await the Queen's arrival.
The Black Eagle, Admiralty steam-yacht, Master-
Commander Petley, the Encounter, 14, Captain O'Cal-
laghan, the Barracouta, 6, Commander Parker, and the
Banshee, 2, Lieutenant Hosken, all went down to Os-
borne yesterday morning. The Encounter saluted the
Royal Standard at Osborne. They are ordered to form
part of the Royal squadron at Holyhead.
Her Majesty having been graciously pleased to pro-
mote Captain Henry Byam Martin, C. 8., of the Duke
of Wellington, 131, to the rank of Commodore of the
second-class, the Commodore hoisted his blue pendant
at the main of the Duke on Saturday morning, and ex-
changed the customary salute with the Commander-in-
Chief.
A new drill battery for instruction in ship-gunnery
has been built in the barrack ground of the head-quar-
ters of the Royal Marine Artillery Corps for the better
convenience of the men under tuition in gunnery. This
battery represents a ship's Aide, and mounts five long
32:pounders ; but a ship from the ordinary might have
been brought alongside the wharf of the barracks, and
have done far better for the purpose.
The Odin has been ordered to Lisbon, and will go as
soon as the intermediate shaft (which has been for some
time preparing for her) has been put on board, for which
purpose she will come into harbour to-morrow.
His Royal Highness the Prince of Prussia visited the
Royal Clarence victualling establishment yesterday (Sa-
turday), and was conducted over that naval storehouse
by Captain-Superintendent Courtney and staff ; after
which his Highness and Commodore Schroeder, of the
Prussian frigate Gefion, visited the dockyard, accompa-
nied by Rear-Admiral Fanshawe, Superintendent of the
yard, and Captain Shepherd, of the Victory.
The Tribune, 30, went out of harbour yesterday to
Spithead, and after taking in powder, &c., joined the
Royal squadron in Osborne Bay.
The Rhadamanthus steam-transport sailed yesterday
for Woolwich.

'. 1.....
`t

PLYMOUTH, AUG. 20.
Her Majesty's steam guard-ship Ajax, Capt. Michael
Quin, which arrived from Spithead on Thursday, was
inspected by Port Admiral Sir John Ommanney in the
Sound yesterday. This morning, at six o'clock, she
steamed into Hamoaze. Her sails are unbent, and top.
gallant and royal yards sent down.
The Lords of the Admiralty have granted a day's
holiday to those riggers and seamen riggers who ex-
erted themselves in getting off the Caasar at Pembroke.
Yesterday at 4 a.m. a frigate with the white ensign
at her peak, under all royals, topsails, and topgallant-
sails (wind south-west), tacked off the Bolt, going down
Channel. At 3 p.m. a brig-rigged paddlewheel steamer,
under steam only, passed inside the Eddystone, bound
west. At 5 p.m. a bark-rigged paddle-wheel steamer,
under steam and canvass (wind south-east), passed down
Channel, inside the Eddystone.
It is stated that the commanders of two of the largest
of the screw steam-ships, forming a portion of the fleet
at Spithead, will either retire from active service or ex-
change into ships of less magnitude.

SHEERNESS, AUG. 21.

The Myrtle steam-tender to Waterloo, 120 guns, flag-
ship, Wm. S. Bourchier, master (additional), got up
steam yesterday, and proceeded to Chatham, with a ship
wright named Win. Bevan, who unfortunately fell from
the orlop deck of the Crersy, 80 guns, screw steam-ship
fitting in the basin for commission here,) by which he re-
ceived a fracture of the thigh bone, close to the socket
joint. On the accident occurring, the unfortunate man
was immediately conveyed to the yard surgery, where he
was promptly attended to by the surgeon of the yard,
and the assistant-surgeon also. After every medical
precaution had been taken to prepare him for being con
veyed to Melville Hospital, Chatham, he was carried in
a cradle bed on board the Myrtle, and Mr. John Jeff-
cott, assistant-surgeon of the yard, proceeded in charge
of the poor fellow for Melville Hospital. From the se-
rious nature of his injuries, he is at present in a very
precarious state.
The Netherland ship Jan Hendrik, H. de Jong, com-
mander, now in No. 3 Dock, has been temporarily re-
paired
by an Admiralty order, to enable her to proceed
from this port to another port for permanent repairs, the
Admiralty having refused the application of Captain H.
de Jong to permanently repair the ship here. She has
been for some time past pnder an arrest issued from the
High Court of Admiralty, at the suit of William Axon,
of the lugger Stornaway, and J. Speers, of the lugger
England's Glory, for the sum of 1,600/. Bail bond has
been put in ; the supersede= arrived here yesterday, and
the ship is released. She will be put out of dry dock on
Monday or Tuesday next, and remain in the fitting basin
until the tides are available for opening the caisson.
During the time this ship has been in dock discharging
cargo—coffee, sugar, &c., a large portion of which is
considerably damaged, all the coffee and sugar being
more or less so. She has been undergoing part perma-
nent and part temporary repairs. The captain-superin-
tendent, Charles Hope, R.N. ; the master-attendant, Mr.
Jonathan Aylen ; the master-shipwright, Mr. Samuel
Read ; and the storekeeper, Mr. Robert Laws, have
rendered most efficient services cheerfully, which has
tended to effect a considerable saving to all parties con-
cerned ; and it is most seriously to be regretted that
Vice-Admiral C. B. Hyde Parker should have deter-
mined, under all circumstances, to set his veto against
the ship being permanently repaired here. This will, it
is most certain, have due weight on the Netherlands
Government, much to the inconvenience and expense of
the British merchant, shipowner, and underwriters,
should opportunity offer.
The surveying officers, Captain-Superintendent Chas.
Hope ; Mr. Jonathan Aylen, master-attendant ; Mr.
Samuel Read, master-shipwright, with their assistants
in attendance, have completed the survey of all the ships
in ordinary and commission at this port.

CROWN COURT.—(Before Mr. Justice Wightman.)
Patrick Livingstone, an Irishman, was indicted for
having, on the 9th of August, feloniously stabbed Den-
nis Carrot in the fitce, with intent to maim and disable
him, to do him some grievous bodily harm, and to pre-
vent his lawful apprehension.
Mr. Rushton prosecuted, and Mr. T. Atkinson de-
fended the prisoner.
The prosecutor, a policeman, accompanied by another
constable, went to apprehend thel prisoner on the night
of the 9th March last, on a charge of stabbing a man
named Michael M`Loughlin, in an Irish row. The pri-
soner was in a house with two other men and 15 or 16
women. On telling the prisoner the charge against
him, and that he had come to arrest him, the prisoner
pulled a clasp knife out of his pocket and threatened to
drive it through the prosecutor if he came near him.
Not being able to get near the prisoner, the policeman
left the house, but returned again in a short time. The
prosecutor and two other policemen then knocked at the
cellar-door outside, and threatened to break it open if
not admitted. A woman opened it, and they entered.
The prisoner did not appear to be there, but the prose-
cutor said, he must search a closet before which a table
was placed. On stooping to look into the closet the
prosecutor received a stab in the cheek from the pri-
soner, who cried out, "I am here ; I may as well be hung
for you now as at any other time." The prosecutor was
carried out wounded, and the prisoner threatened to
kill any one who came in to take him. The other
policeman then entered the cellar again, and found the
prisoner gone back to the closet. They told him to
come out and throw up his knife like a man, and pro-
mised not to hurt him, and he then came out and shut
up his knife, which was wet with blood, and gave it up,
saying, " It's all right, I've had my will of Carrol."
The learned counsel for the defence having addressed
the jury,
His lordship summed up ; and
The jury found the prisoner guilty of wounding, with
intent to do grievous bodily harm.
He was sentenced to be transported for seven years.
William Royle, Thomas Coyle, and William, Bill,
were indicted for cutting and wounding James Cromp-
ton with intent to do some grievous bodily harm, at
Pendelton, on the 2d inst.
Mr. J. Cross and A. Cross prosecuted ; Mr. Bliss,
Q.C., and Mr. Fry defended Royle and Hill, and Mr.
Wheeler defended Coyle.
The prosecutor, it appeared, is a dyer, carrying on his
business at Ford-lane, Pendleton, and the prisoners are
all dyers. A strike having arisen among the dyers, who
turned out, they attempted to force out the men em-
ployed by the prosecutor, numbering about 150, who,
being satisfied with their wages, did not join the turn-
out. About half-past 5 o'clock on the 2d inst. about
80 or 100 " turn-outs," armed with sticks, went to the
prosecutor's works, and four or five advanced to the
prosecutor, crying out, "Here the devil is," and began
to beat him violently over the head and shoulders with
their sticks, striking him down and crying out, "B—
him, kill him." The prosecutor got away on some
policemen coming up, and concealed himself. Coyle,
who was on the roof of a building with a half brick in his
hand, directed the crowd to where the prosecutor had
I gone, and the door was broken open, and he was
dragged out and again struck a severe blow' on the fore-
head. The police, headed by Sir Elkanah Armitage,
then came up and rescued him. The prisoners Royle
and Hill were identified as two of the men who had
attacked him. The prosecutor was found to have re-
ceived very severe injuries on the head, a dangerous
scalp wound, and various other contusions.
On the part of the prisoners an alibi was set up, that,
though in the neighbourhood, they were not present at
the riot.

WOOLWICH, AUG. 20.
APPOINTMENTS.

Commander Henry S. Hillyar (1853) to the Agamem-
non 91, screw steam-ship, at Portsmouth.
Lieutenant H. W. Corneck (1848), from the Excellent
gunnery-ship, at Portsmouth, to the Edinburgh, 58,,
screw steam-ship, at Devonport.
Master—Henry McAuslaud (1852) from the Blenheim,
60, screw steamkuard-ship, at Portsmouth, to the Strom-
boli, 6, paddle-wheel steam-sloop, at Portsmouth.
Paymasters—William F. Lapidge (1850 to the Strom-
boli ; John Jones (1851) to the Arab, 12, sloop, at Chat-
ham.
Clerk in Charge—Frederick G. Bulgin (1852) to the
Dolphin, 3, brigantine, at Sheerness.
Clerk—Arthur B. Upler to the Victory flag-ship, at
Portsmouth.
Acting Clerk—J. P, Sargent to the Arab.
The Cyclops steam-frigate, in charge of Mr. Charles
Pope, assistant master-attendant at Sheerness, arrived
at Woolwich at 2 o'clock p.m. to-day, to take on board
the remaining portion of the machinery of the Cressy,
80, at Sheerness.
A very interesting and important series of experiments
have just been concluded in the chain-testing department
at Woolwich Dockyard on deck nails and bolts, &c.,
made of iron, and coated and tipped with copper by
Messrs. Watt and Burgess's patent process. The object
of the patent is to render iron deck nails, bolts, and
other articles, available for use in shipbuilding where
copper deck nails, bolts, &c., are at present applied, by
coating the iron with copper and brass, and the applica-
tion of the invention to sheet iron and tubes preserves
these articles from corrosion. The first set of
experi-
ments were made with a view of' ascertaining if they re-
ceived any injury by the process. The coated iron placed in the powerful hydraulic proving machine, wasand
stood the full strain of ordinary iron of the
dimen-
sions, and in some instances it showed that.saaraneincreas
of strength had been obtained by its sustaining a greater
strain than the ordinary iron. also bent double
by cold hammering, but it did not was also
be injuri-
ously affected. The next series of experiments werethe
made with reference to the possibility
copper from the iron. On the boltstiDppesdepwaltahincgopper
being placed in the hydraulic proving machine it was
impossible by any strain to separate the copper from the
iron, the copper in every instance breaking in the solid.
Deck nails and bolts, tipped at one and also at both
ends, were then driven into African oak, the bolts being
clenched in the usual way, and no separation or tearing
off the copper occurred. Two blocks of African oak
were then fastened together by bolts tipped at both ends,
and then clenched. The logs were subsequently sepa-
rated by driving wedges between them, which had the
effect of drawing the clenches through the rings, while
the adhesion of the iron and copper remained perfect.
The last experiment was again repeated, with the excep-
tion that one of the bolts used was all copper. On
driving the wedges the compound, or iron coated with
copper bolt, held fast, but the copper one drew through
the rings. A box, containing specimens of the results
of the experiments, was forwarded to-day to Captain
Sir Baldwin Walker, Surveyor of the Navy, for the
purpose of having the specimens submitted at the
F Admiralty.

His Lordship having summed up,
The jury found Royle and Hill guilty of wounding,
with intent to do grievous bodily harm, and acquitted
Coyle.
The sentence was deferred.
This case concluded the criminal business of the
assizes, and his Lordship proceeded to try common
jury cases.

ELECTRIC GAS AS A MOTIVE POIVER.—The application
of electric gas as a motive power has been discovered to
possess e
steam
extraordinaryengine
will l
generate
advantage s —a machine appended
to gas
sufficient to supply
as much power as the ordinary furnaces. An extraor-
dinary fact, we may mention, as an evidence of the appre-
ciation of its value by practical men, is, that the London
and North Western and the South-Eastern Railway Com-
panies have already entered into contracts with the Elec-
tric Gas Company, to which they have affixed their
respective common seals, for the use of the discovery for
their locomotives.—Mining Journal.
CHARTERROUSE. —THE TALBOT SCHOLARSHIP.—The
first examination for this scholarship, which has been
recently founded iu commemoration of the late Hon. J.
C. Talbot, Q.C., who was educated at the Charterhouse,
commenced on Thursday week, and terminated on Tues-
day morning, when the examiners (the Rev. Dr. Haw-
trey, Provost of Eton, and the Rev. Dr. Russell, for-
merly head-master of Charterhouse School), awarded the
Talbot Scholarship and Medal to Mr. Newmarch, an
the second prize of books to Mr. Blore. They also ma d
honourable mention of Mr. Shackell, as nearly equal to
the two above-mentioned. The scholarship is tenable at
any college or hall at thiford, Cambridge, Durham, or
DlNint .

HUDDERSFIELD, Aug. 16.—We have no material
change to report in our market today ; the demand
keeps up for seasonable goods. Manufacturers ge•
nerally are fully engagedjvrorkiDg W order.