The Sun.
London, England, 1854-08-30 00:00:00

LONDON, WEDNESDAY, AUGUST 30, 1854.

If any doubt could previously have existed in
any unprejudiced mind as to the real animus of
the German Powers with respect to Russia, it
must be dispelled by a perusal of the diplomatic
notes addressed by the Prime Ministers of Austria
and Prussia to their representatives at St. Peters-
burg, in answer to that of Count NESSELRODE of
the 29th June last. We have already exposed
the unworthy quibbles of that wily politician—
quibbles which could not for a moment have de-
ceived any impartial person of ordinary under-
standing. In that despatch the Russian Chan-
cellor had the barefaced and unblushing assurance
to declare that the position held by Russia in the
Principalities, and which, through the unaided
valour of the Turkish troops it could no longer
maintain, was essential to its safety, and
required that Austria should "guarantee
that the Russians should not be molested in
their homeward march." The reasons of Russia
for evacuating the Principalities were almost
as strong as those of the Irish Gentleman for leav-
ing the room from which he had just been kicked.
They were manifestly not of the kind that could
entitle the defeated party to any indulgence for
doing that which was inevitable. But in place of
exposing the unparalleled impudence of the de-
mand—in place of declaring that Austria could
render no assistance to Russia, on the unequivocal
failure of its unconscientious attempt—Count
Bum. blandly declares that the request " has its
reasonable aspects," regrets that the required secu-
rity is " beyond their control," but at the same
time promises " to utilise this communication with
the Maritime Pcwers, and the more so as in its
connexion it appears to convey an earnest desire
to attain to an adjustment."

Prussia goes even further in bandying compli-
ments with the Northern Despot—in heaping its
fulsome adulation on the specious sophistries of
NESSELRODE, and expressing its full and unshaken
confidence in the " moderation" of NICHOLAS.
It requires the Prussian Ambassador, Baron
WERTHER, to convey to "his Majesty the Em
PEROR and the Chancellor of the Empire (M.
NESSELRODE) the impressions which the last corn-
munications
had produced on the august Sove-
reign"—the Angel of Peace—the benign CHIQUOT.
It adds, " the KING does full justice to the mode-
rate and conciliatory spirit in which these have
been framed—his MAJESTY attaches all its
value (I !!) to the sincere desire expressed by
Count NESSELRODE to give the fullest considera-
tion to the desires and 'obligations of the ancient
Allies of Russia, as well as to the interests which
they cannot but protect." "Guided by this encou-
raging appreciation, the KING, persisting in the
views expressed in my despatch of July 12, will
take his stand on the Russian reply ; and will
renew his efforts at Vienna, and next in common
accord with Austria, at Paris and London, with
the object of attaining a just and practicable
bases to some chances of a re-establishment of peace
and a good understanding !
Here, then, in these remarkable documents, we
e.
th
have the policy of Neutral Powers clearly and
distinctly displayed. " Germanism" is exhibited
in its true light, without mystery or concealment,
and the strongly-expressed distrust of those who,
like ourselves, have invariably declared that the
object
of Austria and Prussia was to protect Rus-
sis, from the consequences of its own reckless and
unjustifiable proceedings. Count MANTEturFEL
He has regarded rather
has spoken very plainly.
the personal feelings of his SOVEREIGN for a near
relative than the honour or the interests of the
kingdom over which FREDERICK WILLIAM now
reigns. But the language of Count BuoL, al-
though better veiled, is no less distinct and ex-
plicit. He has still even for the sake of Russia
—a character to maintain, and he cannot openly
fling himself into the scale with NICHOLAS.
But he thinks that this request of Russia has its
" reasonable aspect," and although he " cannot
guarantee that the troops shall not be molested
on their homeward march," the required security
" not being under his control," yet he will " utilise
the communication with the Maritime Powers,
and the more so as in its connection it appears to
convey an earnest desire to attain to an adjust-
ment."

Can there, then, be any doubt or difficulty as
to the object of Austria in its tardy occupation
of the Principaiities? Some time since, when the
Russian troops were in the D9brudscha, and

Silistria was closely environed, that occupation
might have been beneficial to the Porte. It
would have checked the onslaught of the fierce
invaders, and rendered peace at least practicable.
But now its tardy action is solely for the
purpose of preventing the Ottomans from
following up the advantages which they have
gained by their own valour and indomitable
energies. They protect the flying assailants, and
strive, by deceitful wiles and pretended friend-
ship, to diminish the powers and overthrow the
independence.of those who withstood tests of no
ordinary magnitude, and proved themselves to be
capable of resisting everything in the shape of open
force. The SULTAN may, however, learn a salu-
tary lesson from the fate of a once-celebrated city,
the ruins of which are still visible iu his own
dominions, and not very far from his capital.
Ile may paraphrase the passage of VIRGIL,
and, in reference to the insidious advances
of Austria may, if he suffer himself to be be-
trayed thereby, when too late, exclaim—

" Talibus insidiis perjurique arte Sinonis,
Credita res : captique dolls lacrimisque coactis,
Quos neque Tydides, nec Larissceus

Non anni domuere decem, non male Carina."

We cannot suppose, however, that either
Turkey, or those who have unsheathed their
falehions in her behalf, and in defence of
truth and justice, will be so blinded as
to suffer these too palpable wiles to pre-
vail, or to lead to fatal results at no distant
day. The object of the German Powers mani-
festly is to give time to Russia to enable her to
muster her resources so as to oppose a deter-
mined resistance to the Allied Forces. The first
aim is to renew negotiations, and, if that be
accomplished, everything else will follow. Rus-
sia will escape from the war with undiminished
power and unsubdued pride, ready to offer a new
reasus belli whenever a more favourable opportu-
nity shall arise.

If the post of danger be also that of honour, a
railway engine-driver must occupy a very distin-
guished position indeed. Not only must he bear
the brunt of any collision or casualty, encounter-
ing tenfold the peril of any passenger by the train
under his guidance, but he appears to be invariably
the scape-goat on whose devoted head the popular
indignation is to be lavished. Should he survive
the crash that proved fatal to any other person,
he is sent to abide his trial on a charge of man-
slaughter—detained for many mouths in custody,
frequently a more stringent punishment than he
would be sentenced to even if convicted ; and,
under the most favourable circumstances, subjected
not only to the loss of his situation, and the
means of earning an honest livelihood for his
family, but also to ruinous expenses in preparing
his defence and obtaining the professional advice
and assistance indispensable under the circum-
stances. All these matters, however little they
may be thought of by the community at large,
or by functionaries who think it quite a matter
of course that there should be a " further
investigation," in any case " not perfectly
free from doubt," renderthe situation of an engine-
driver one of very serious risk, independent of the
ordinary casualties to which he. must necessarily
be exposed.
We di) not say that there should not be the
most stringent and searching investigation into all
the details and circumstances of every accident,
whether it be attended with fatal consequences or
not, or that if any actual culpability be proved
either against an engine-driver or any other per-
son in the employment, or in any way connected
with the Company, he or they should not be
treated with the utmost rigour of the law ; but
we must emphatically protest against the doctrine
that such an investigation can only be carried on
under the shelter of a criminal prosecution, or
that the unfortunate scape-goat must be compelled
to linger many weary months in prison, while his
family are enduring all the bitter privations of the
most pinching poverty, or perhaps compelled to
avail themselves of the tender mercies of the Union
Workhouse.

These observations naturally follow the finding
of the Coroner's Jury in the fatal railway acci-
dent at Croydon—one of "manslaughter" against
SIMPSON, the driver of the excursion train. This,
however, was by no means their unanimous ver-
dict, nor can we say that it was fairly or justly
obtained. We must say that the conduct of the
Coroner appeared to our humble judgment not
what we should have expected from a gentleman of
such great experience—one, too, who usually
gives unequivocal satisfaction in the discharge of
his important duties ; nor does the verdict appear
to be very consistent in finding the driver guilty
of manslaughter, and at the same time expressing
an opinion that " the signals at the Croydon
Station were contradictory, and likely to mislead
the drivers of engines." Now they had been ex-
pressly told that " if they thought the driver had
been misled by the distance signal, they would
find that the death was accidental." They find
that " the signals were contradictory, and likely
to mislead." The result showed that the nian
was misled--for it could not be supposed that he
would wilfully and deliberately hazard his own
life, and inflict enormous injury to the lives
and properties of others without any ade-
quate object. As a prisoner on a crimi-
nal charge he would be entitled to any
reasonable doubt in his favour, and yet the same
verdict that finds him guilty of manslaughter, a
crime that may expose him to perpetual banish-
ment from his native land—the highest secondary
punishment known to the law—also shows that
he is entitled to that doubt, and that there can be
no possibility of a conviction before a Judge and
Jury at the Assizes.
It i 3 with deep regret that we find ourselves
compelled to differ from Mr. W. PAYNE, a gentle-
man for whom, as a public officer, we entertain
unfeigned respect and esteem. No one knew better
than the Coroner himself that it was his duty to
tell the Jury that they should not find a verdict
which should subject the accused to more than
seven months' incarceration and afterwards to a
criminal trial, unless there was reasonable grounds
for finding him guilty on the evidence adduced
before them. No injury could follow from an
open verdict. If additional inculpatory evidence
wero subsequently obtained he might again be
taken into custody, and committed for trial by
the Board of Magistrates. That committal would
be tested by a Grand Jury. If the evidence were
defective the bill might be ignored. But the
finding of a Coroner's Jury renders a trial indis-
pensable. The case must come on under
any circumstances, and thus serious damage be
inflicted on the prisoner ; while, on the other
hand, if the proofs be defective, he must be ac-
quitted, so that he could never afterwards be
brought to trial.

Now, when the Jury, after a considerable lapse
of time, stated that " they could not agree," it
seems to us that the Coroner should have again
explained the doubtful points on which difference
existed, rather than recommending them "to
bring in a verdict which should bring the matter
before another tribunal." This appears to be a
mode of shifting responsibility by no means just
or constitutional—one which, if generally adopted;
would render the Coroner's Inquest, in place of a
very useful institution, a regular nuisance; which
should be abated with all possible speed. •

FOPTHCOMING ELECTION OF LORD MATOR.—It is
confidently stated in the City, this morning, that it is
iitended to put fa-ward Mr. Alderman Moon and Al.
de-man Salomcnsito fill the civic chair, and as no op-
p,,Enon be offered on the occasion, Mr. Alderman
he duly elected.

DISCOVERY OF COAL NEAR RETIIIO.—A. letter front
Cauee, dated August 12, states that coal had been
covered about nine miles from Rehm°. The 2
Governor-
General had sent a specimen of it to Constantinople, and
the steamers on the station bad made a trial of it. The
experiment is said to have been satisfactory.
BIRTHS IN LONDON.— Last week the births of 856
girls, iu all 1,638 children, were registered
in
noyLs
London, 820n7, In the nine corresponding weeks of the
years 1545-5$ the average ntmber was 1,;07.

THE UNITED STATES.

(BY ELECTRI; TELEGRAPH)
LIVERPOOL, WEDNESDAY.
This morning the United States mail steam-ship
Atlantic, Captain West, from New York direct,
arrived in the Mersey. She sailed from New York
on Saturday, the 19th inst., and has brought,
besides the usual mails up to that date, ninety-six
passengers, and upwards of 700,000 dole. in specie
on freight.
The Atlantic passed the United States mail
steamer Baltic off Sandy Hook, from hence on the
9th inst.
The Union arrived on the 16th at New York.
We have the reported failure of Messrs. Henry
Sheldon and Co., of that city.
At the steamer's departure business was mode-
rate. All trades opened languidly. Stocks rather
depressed and slightly lower. There was a good
demand for money in the market.
The cotton market was very quiet, holders firm,
and not dißposed to make any reduction.
The market for breadstuffs was active, prices
stiff. Flour had advanced dol. per barrel, and
corn had slightly improved in price.
The provision market was brisker ; prices dull.
Freights dull, and very low.
Exchange on London, 109,E to 109 ; ditto on
Paris, 5 11k.

MARLBOROUGH-STREET-(THIS DAY).

FRACAS AT TER JUNIOR UNITED SERVICE CLUB.--
Lieutenant James Atkinson, of the 72d Highlanders,
was charged before Mr. Hardwick with assaulting Geo.
Thomas, a dyer, in the employ of Mr. Bowe, Rathbone-
place, under the following circumstances :
It appeared, from the evidence of the complainant,
that a member of the above-named Club, named- Capt.
Darrell, had for some considerable time past been in-
debted to his employer in the sum of about 8/. for work
done, and not having been able to obtain payment
of the same, complainant had received instruc-
tions to call at the Club, with a view of seeing
Captain Darrell, and that he had done so on a great
many occasions, but without success. This morning,
between one and two o'clock, he again went there, ac-
companied by a friend, and inquired of the hall porter
if Captain Darrell was there. He was answered in the
negative; but, notwithstanding this, he had reason to
believe that the Captain was there, but purposely de-
nied it ; and, having waited a few minutes in the hail,
the defendant, accompanied by other gentlemen, came
down the staircase, and then inquired of them after
Captain Darrell. The defendant and his friends
answered that they knew nothing of Captain Darrell,
and told him (witness) he might be d—d and go to
and immediately laid hold of him with great violence,
and pushed him down the steps, and he fell on the pave-
ment. Upon his regaining his legs, the defendant
again rushed at him, took him up in his arms and flung
him into the road, which, being covered with rough
stones, severely cut and lacerated one of his hands,
which bled very much, and caused him great pain. Wit-
ness proposed to give him in charge to a policeman, who
at first declined, but afterwards took him (defendant) to
the station-house.

James George then gave evidence confirmatory of
complainant's statement.

In answer to the charge, defendant said that about
five minutes to two this morning, just about as the Club
was to bs closed, the complainant was in the hall, creat-
ing a disturbance, and annoying him (defendant) and
several of his friends, by inquiries after Capt. Darrell.
He (defendant) and another gentleman told him that it
was a very improper time to call for payment of a bill,
and desired him to leave, which he refused to do, and
called them a set of swindlers, whereupon he certainly
did push complainant, endeavouring to put him out,
and in so doing the complainant fell. lie posi-
tively denied having thrown him into the road,
as described. In support of his explanation, he
called Mr. Andrew Horry, a member of the same
club, who corroborated as every ,particular the de-
fendant's representations. This being the whole
of the evidence pro and con, the magistrate (Mr. Hard-
wicke) said it was monstrous that a person at such au
unseasonable hour as two o'clock in the morning should
go to a clubhouse, which was about to be closed, and
create a disturbance, and annoy gentlemen in the man-
ner described ; that both complainant and his employer
must perfectly well know that if they had any
legitimate claim against Captain Darrell, or any-
body else, that a club-house was not a proper
place to visit for such a purpose, for it must be
patent for everybody that County Courts were now in
existence, and they had their remedy there against Cap-
tain Darrell. Under the whole of the circumstances, if
he had received any personal injury, it was no more than
he ought to expect for having pertinaciously insisted upon
remaining in the hall of the clubhouse, after having been
several times requested to leave. He should therefore
dismiss the charge.