The Sun.
London, England, 1853-03-26 00:00:00

LLOYD'S SHIPPING-(THIS DA Y.)

LONDON, March 26.—Wind this day at Noon, N., light
breeze, and fine clear weather.
DEAL, March 25.—Wind E.N.E., fresh. Arrived from
the River, and sailed—Maronon, for Calcutta ' • Lavinia,
Madras ; Mentor, Cape Coast Castle • Gem, Grenada ;
Pearl, Montreal ; Bona Fide, do. • Chanticleer, Newfound-
land ; Asia, Sydney, N.S.W. ; 131-em, Geelong ; Thames,
Adelaide, S.A. ; Medora, Port Philip ; Pasha, do. ; Cairn-
gorm, Hong Kong ; Matilda Luckie, Demerara.—March
26.—(Per Elec. Tel.)--The Febro (Bremen brig), with
Dutch emigrants, is on the Goodwin Sands, but is likely to
be got off in the flood.
COWES, March 25.—Arrived—Humboldt (s), New York,
left on the 13th inst.—on freight, 65,000 dollars 63.1 Havre.
SOUTHAMPTON, March 25.—The wreck of a large ship,
supposed to be English, with mainmast gone, stump of
fore and mizenmasts standing, bulwarks carried away, and
decks swept, and apparently waterlogged, was passed on
the 20th of March, in lat. 49 long. 39.—The Belmont (Bri-
tish), loaded with cotton, took fire at New Orleans, on the
7th inst., was scuttled, and sunk ; cargo all burnt, or badly
' damaged.
PLYMOUTH, March 25.—Wind, E.N.E. Arrived—Gua-
daloupe, Havannah, for Antwerp. Sailed—Forerunner
(s), Coast of Africa.
FALMOUTH, March 25.—The Lady Eglintoun (s) took
the ground, and is very leaky, and bilged on the fore side;
cargo supposed to be damaged.
OFF YTHE, March 25.—Isabella, Callao.
PORTSMOUTH, March 25.—Wind, E. by S. Arrived=
MM. steamer Highflyer, Bermuda.
POOLE, March 25.—Wind, E.N.E. Sailed—Hearts of
Oak, New York.
DARTMOUTH.—Sailed Ganges, Port Philip ; John
Panter, Cadiz and Swan River.
LIVERPOOL, March 25.—Wind, E.N.E. Arrived—
Liverpocil, New York. Sailed—lda, Melbourne ; Ginghes
Khan' Port Philip ; Neptune, Monte Video ; 'reehandel,
Barbadoes ; Harma and Fanny, La Gumpa, Cornelia,
Boston ; Montreal, Montreal. Off Port—Jas. Wright,
New Orleans ; Antilla, New York ; Mearns, Chrysolite,
Emulous, Jessie, Affiance, British King, and Paragon.
QUEENSTOWN, March 24.—Wind, E. to N.E., a gale.
Arrived—C. F. Bennett, St. John's, Newfouneland ; Cen-
turion, Matanzas. Sailed—Trident, Port Philip.
BELFAST.—Arrived—Ruby, Ardrossan, for Marseilles,
leaky, and will discharge ; Allan Brown, St. John's, N.B,
Sailed—Elbe, New York.
WARRENPOINT, March 24.—Arrived—Agar, New Or
leans.
GUERNSEY, March 24.—Sailed—Lydia, Adelaide, S.A.
CUXHAVEN, March 22.—The Matilda, Priesto Ca•
hello, and the Washington, from New Orleans, have been
put on shore.
HAMBURGH, March 22.—The Trident (s) has received
damage from the ice, and the Jupiter (s) is discharging to
repair.
OPORTO, March 18.—The King William, hence for
Leith, struck on a rock going over the bar this morning,
started stern post, and is very leaky ; assistance has been
sent to her; she will either return here, or make for the
nearest practicable port.
NEW YORK, March 10.-- The Atalanta, of Baltimore, is
on shore near Sandy Hook, with seven feet of water in her
hold, but is expected off.
HAVANNAH, March 4.—The Victoria, from Viego, was
wrecked on the North Coast, on the sth ult. ; crew say. ed.

THE RAILWAYS OF THE UNITED STATES.

The following report has been presented to the United
States' Senate :

"The subject of legislation, with a view to prevent the
recurrence of casualties, is necessarily so connected with
that of state supervision over all the departments of rail-
road management, and involves so many important consi-
derations in reference to the greatest benefit and safety to
the public, that the committee have deemed it their duty
to give to it a somewhat detailed consideration.
The right of a people to have free access to each other,
for the various purposes required by the conditions of so-
ciety, is an inherent right, and the power of improving, or
in any way altering the means adopted for these ends, can-
not be taken from the public, except with their consent.
The roads or means of intercommunication of a country
are, therefore, a part of the general interest, and from the
earliest periods the sovereign power, under whatever form '
it may have existed, has ever held the right of controlling
them for the general good. The practice which grew up of
intimating their construction and management to associa-
tions formed for that purpose was only a delegation of its
powers, in order to secure in a greater degree the welfare
of the community. An irrevocable transfer of its powers
was never designed.
" In retracing the legislation of •ur State in reference to
such associations, it will be seen that the inherent powers
of the State have been distinctly asserted and carefully
guarded. _

" The Legislature, acting for the general welfare, in
granting to them such privileges as might best meet the
public wants, has invariably reserved the right of modify-
ing and controlling their privileges in any way or manner
best calculated to secure those objects. When the projec-
tors of railroad enterprises first began to ask the necessary
privileges and immunities from the State, it will be seen
that those have been granted with well-defined limits and
conditions, reserving the right of altering or modifying
them from time to time, and of limiting the periods of
their corporate existence.

" The last general enactment (the Railroad Law of 1850)
in addition to reserving the right of annulling or dissolving
any corporation formed under it, and of reducing the rates
of fare under certain conditions, has compelled all com-
panies to make, annually, a detailed statement under oath of
all their operations, both with regard to finance and manage-
ment, for the purpose of furnishing the State with reliable
statistical information for its guidance, whenever the public
welfare said safety should require additional legislation
with regard to them. In no sense can railroad corpora-
tions be considered as placed beyond the control and super-
vision of the State. In granting them their corporate pri-
vileges, it was intended and designed that they should be
used with a view to the welfare and greatest possible benefit
to the community, and the sovereign power neglects its
duty if it does not guard against their being made subser-
vient to other purposes, or if it fails so to modify and
control them as to secure to the public the greatest possible
amount of benefit compatible with the full development of
so great an element of industrial progress.
" It is also worthy of remark, that, independently of the
right expressly reserved by the Legislature to modify, alter,
or repeal the railroad charters, their proprietors, as the
grantees of a public franchise to be exercised for the public
benefit, are liable to a liberal control, when necessary to
the public interest, by any future Legislature, whose power
over them is not to be limited by implication. (` Charles
River Bridge v. Warren Bridge,' 11 Peters' Reports, 420).
" Is it expedient to place railroads under the supervision
of the State, to insure greater safety to the travelling com-
munity, as well as to secure the greatest amount of public
benefit from them ?

" A long and persistive course of legislative interference
with the various pursuits of commercial and industrial en-
terprise, and with the complex relations of supply, and de-
mand, for the purpose of protecting the public interest,
has abundantly proved the fallacy of the principle upon
which it was based. Enlightened public sentiment now
justly condemns any restrictions, by legal enactments, upon
the free operations of traffic, and, in all that relates to
cheapness and facility of accommodation, the best security
for the public welfare will, as a general rule, be found in
the untrammelled and free competition of individual enter-
prise and capital.
" It therefore only remains to inquire whether this gene-
ral rule of competition, when applied to railroads, will
secure to the greatest possible extent, the safety of the
travelling public and the general welfare, and whether,
with these objects in view, the State has done its whole
duty in granting to them the exclusive rights and privileges
required for their successful operation.
As regards intercommunication by railroads, as com-
pared with any other mode at present known, it requires
no argument to show that there can be no competition,
and that, until human ingenuity shall have developed some
new element applicable to such purposes, they are in pos-
session of an unapproachable monopoly, exclusive just in
proportion to their superiority. The same may be said
with regard to competition upon any single road or series
of roads under one control or management. At one time
it was supposed that the traffic upon them would be open
to competition, and that by this means the greatest pos-
sible benefit to the public would ultimately be secured ;
but it has long since become apparent that their indis-
criminate use by the community is impossible. The ac-
cidents that now so often occur from want of due regard
to time .and minute regulations clearly demonstrate
how impracticable it would be to allow the running of
trains by rival parties, at various rates of speed, on the
same road, like competing stage-coaches on a public high-
way. The safe working of a railroad requires a unity
of action and perfect combination of arrangement, which
cannot be obtained without confining the management
of its carrying traffic within the limits of its general
control. Hence all companies have the exclusive manage-
ment of the entire business upon their roads ; and this
arrangement seems an absolute necessity, without which
the whole railroad system would soon become impractica-
ble, showing conclusively that the principle of competi-
tion is inapplicable, and can never be calculated upon as a
means of securing any additional safety or benefit to the
community.
- - -

" May not these advantages be secured from the compe-
tition
between rival lines running in similar directions, or
having the same termination ?
" The principal lines of road in this State passing, as
most of them do, through portions of country sparsely
populated, the resources of which are as yet but partially
developed, cannot be expected at this time to furnish in
their operations any statistics or reliable facts from which to
estimate the probable advantages the public are likely to de-
rive from their competion. It would seem, however, at pre-
sent, in reference to reduced rates of traffic or accomoda-
tion along their route, or regard for the safety of passengers,
that little, if any, increased amount of public benefit
has been attained; and it seems doubtful, even when these
shall have received their full capacity for business (many
of them being yet unfinished) and perfected in all their
various departments, whether the principle of compe-
tition will apply to them. It undoubtedly will not, except
in very populous districts, where the business is likely to
be enough to afford adequate incomes to rival lines ; but
even in such case it may be questioned whether the public
interest is enhanced by competition. Our large cities,
which may be the common termini of a great number of
roads, may, perhaps, derive additional benefit from compe-
tition for the traffic that passes over the whole extent of
their routes, but the community along the intermediate
portions, where there is no competition for the way-busi-
ness, receive none of its benefits, but are, on the contrary,
often disproportionally taxed, and deprived of many of the
facilities which are their due, to enable the companies to
secure the through traffic.
. " Taking it for granted that a large portion of the cost of
transportation consists of the amount of capital expended,
it is evident that an equal amount of business could be
done much cheaper with the same profit on one line than
if the same were divided between two, with an outlay of
twice the amount of capital : consequently, the general
welfare would be more effectually promoted by a single
road, properly restricted, than by competition between
rival companies.

" The Ultimate effects of competition would be diminn-

tion of revenue, embarrassments in meeting current ex-
penses, inability to maintain the roadway and materiel in
an efficient and safe condition, and a proportionate dimi-
nution of the facilities of traffic and of the adequate means
of safety to the travelling public.*
" But, admitting the benefits of competition, there can
be no guarantee to the public that it will be continued.
The adventages to be derived from combination between
rival companies, having no competition to fear from any
other known mode of intercommunication, are so obvious
as to leave little doubt that an amalgamation: of their in-
terests in some manner would be the ultimate result. In
England, where the great number of railroads running
through a comparatively limited space of territory would
sooner test the question of competition than here, experi-
ence has abundantly proved the correctness of these views.
Close competition has been maintained in reducing rates of
traffic and furnishing additional means of preventing
casualties ; and the community have for a time enjoyed
the consequent benefits. These contests, however, have
always ended, as they inevitably must, by combina-
tion, or some other arrangement, which has deprived the
community of all the advantages to be expected from com-
petition.
"As early as 1846, a select committee appointed by Par-
liament to inquire whether conditions might not be em-
bodied in railway acts, better fitted than those hitherto
in them, to promote and secure the interests of the pub-
lic,' expres'ed their opinion very decidedly as to the
hopelessness of looking to competition for the means of
securing the interests of the public ; stating the fact
that the more powerful companies had not only
obtained the control of railway lines from which com-
petition might be apprehended, but had also suc-
ceeded, by various means, in obtaining a control over
the canals, which, for a time, maintained competition
with them in the carriage of heavy freight, and had thus
deprived the public of all the protection at one time anti-
cipated from this source. Nearly all the witnesses that
appeared before the committee, comprising gentlemen of
the highest character connected with railroads, gave it as
their opinion, that the public can never be benefited by
the competition of companies.' Mr. R. Stephenson was of
opinion that the power of supervision should extend to
vetoing the construction of competing lines, to protect the
public against the increased rates of traffic that would be
necessary to remunerate the additional capital employed
for that purpose.
" It would appear, therefore, that the principle of com-
petition cannot, as a general rule, apply to railroad corpo-
rations, and that the interests of the community should not
be left to its operation, as in ordinary business enterprises ' •
that they must, from their peculiar elements, be, in a greater
or less degree, monopolies, and necessarily liable to the evils
of monopoly. These evils are not, probably, as great at
this time as they may be hereafter, when the system
becomes more perfectly developed, and placed under the
management of persons less disposed to show deference to
public sentiment ; nor are they- as yet very perceptible to
the public, from the fact that they a eit Invoortuiatdh orpeptarhineenrwi
apparent in
any direct loss to the community, for railroads, under any
de-
riving
spy em ,
it mustof
the b e a
additionalgr ea t benefit, bu t
advantagesconsist
obtain. It is nevertheless due to the community that thee
the above
tendency of
co theserecz evils
ilss shouldincum and,bbeencthuepckonedtheState to
if th 3
the whole system under such control and supervision as
may be deemed necessary to secure the greatest amount of
public benefit compatible with a due regard to the pecu-
niary interests involved in the operations of railroads.
" It may be urged that it would be unjust to subject rail-
road corporations, which have done_.
so much for social ad-
vancement, to an interference which is not applied to other
to this, that
industrial
tmu
sats associations.
irastpi ne .
or companiescoinmercial
mercantile, mechanical,
private in
upon
rbaulityliPtritive character, and their operations
formed for
the community bepyluLstehseiarreingdeinvele-
---------_____

" * Mr. William Read, who was at the time extensively
connected with railroads in France, stated in his testimony
before a committee of the British Parliament, that the lament-
able disaster which occurred between Paris and Versailles, by
which upwards of 100 lives were sacrificed, might be traced
in its first causes to the competition between the two rival
roads then in operation, the company being 8°
crippled
resources thereby that it was unable to keep its machinery
in its
and other materials.in a proper condition."

R

._,
~~.

~'

i:

dual stockholders. On the other hand, -railroad corp.-
tions by means of the great powers granted to them, are
building up a system of intercommunication so superior to
all others as to compel its exclusive use by the community.
There were 2,500,000 tons of freight and 10,000,000 pas-
sengers carried upon our railroads in the past year, and
there is already invested in them the enormous sum of
100,000,000 dollars. This amount must be greatly augmen-
ted for some years to come, in laying down double track'
in completing roads already commenced, and in construct-
ing others that now are, or may be hereafter, projected.
They will soon monopolise the entire passenger and a portion
of the freight transportation of the State. They must move
our troops and munitions in time of war, and perform the
mail service. ' Their management, therefore, involves
public and social interests of vast magnitude;' and although
much praise is due to the individual enterprise that has so
rapitly developed this great element of social progress, it
must be borne in mind that these associations owe their
origin to the Legislative will, and the great public interests
affected by their operations make it the duty of the State
to exercise a careful supervision over them ; and, if re-
quired, to modify their powers from time to time.
"If these views show the necessity of 'supervision, we
are next to inquire in what manner it should be exercised.
Should authority be given to interfere with the details of
railroad management, to regulate the running of trains, to
arrange time-tables, to appoint and remove, or otherwise
punish employes, for neglect or violation of duty, &c., it is
possible that instances may incur where interference of this
kind might be necessary; but the committee can see many
reasons why recourse should not be had to it, at least until
it shall become apparent that the object in view cannot be
attained by other means. The working of a railroad FP'
quired the accurate arrangement of a great variety of de-
tAils, and a prompt discharge of all the duties assigned to
the several departments of its management. To divide the
authority from which the regulations necessary to effect
these objects must emanate would give rc,‘Le to confusion
and embarrassments, engender bad feelings aAd hostility on
th 3 part of companies, take from the officers emir respon-
sibility, and might result disastrously for the safety of the
public.

" The committee, therefore, entertains doubt as to the
beneficial results of any legislation at this time having- for
its object direct interference. They are, however, of
opinion that the public safety and welfare would be eo-
hanced by placing railroads Under the rigid supervision of
the State, giving the authority created for that purpose
such powers as will enable it. to, obtain -full information
in regard to the management of all corporations formed
for such purposes; to see that their corporate powers
are not exceeded, to the injury of the public, and that the
legal raquirements in relation to them are fully complied
with ; to call for the most accurate returns and statistics ;
and to give the most ample and unreserved publicity to all
the details of their operations, for the purpose of enabling
the community to judge from the representations of re-
sponsible and disinterested authority of the skill and fidelity
of their management. Power should also be given to inves-
tigate and ascertain all the facts and circumstances in rela-
tion to casualties, with a view to suggesting the best means
of pre venting their recurrence, as well as to protect com-
panies upon whose lines they occur against false statements
and misrepresentations in relation thereto. Such authority,
properly constituted„ with ample powers of supervision,
would, in the opinion of the committee, be enabled to cor-
rect many of the abuses of railroad management, merely by
investigating them thoroughly, and bringing them before
the community. Their publicity would of itself suggest
the remedy, and public sentiment would soon compel its

Should this, however, prove insufficient, the infornitt-
don and facts thus carefully obtained and reported annually
to the Legislature would form a reliable basis for any fur-
ther enactments that might from time to time be deemed
necessary for the public safety and welfare, care being
taken to impose no unjust re3traints upon the individual
energy and enterprise to which so much is due for the rapid
growth of our railroad system; to lay no obstruction in the
way of this mighty engine of industrial progress, but rather
to g aide it in such a manner that the whole people may
enjoy, to the fullest possible extent, the countless benefits
developed in its ownward careeer.
"All of which is respectfully submitted.
" W. J. APALPINE,
State Engineer and Surveyor.
" HENRY E. BARTLETT,
Chairman of Committee on Railroads
in the Senate."
•

THE RECENT STRIKE Or RAILWAY PORTERS AT LIVER-
POOL.—The operatives employed on the London and
North-Western Railway at Liverpool, whose strike for
higher wages was noticed yesterday, held several meet-
ings during Thursday, upon the King's Pierhead, Liver-
pool, where speeches were delivered, and deputations
formed to wait upon the managers of the railway, to
settle matters amicably. In this they were unsuccessful,
as Mr. Cochrane and Mr. B. Poole refused to accede to
their demands. We understand that Mr. Poole, who
advertised for 500 hands on Thursday, received applica-
tions from nearly double that number. The men have
conducted themselves since their turn-out very peace-
ably and quietly, and are to hold another meeting on the
King's Pierhead this (Saturday) morning.
_ _ _

A MAN GORED TO DEATH BY AN Ox.—A fatal occur-
rence took place on the Gloucester-road, four or five
miles from Bath, on Thursday. On the previous night
two beasts belonging to Messrs. Chalker and Singer,
butchers, of Bath, were being driven towards that city,
when one of them became too tired to proceed, and was
placed in a field, the other being driven on to Bath. On
Thursday morning a lad was sent out after the other ox,
and his father, George Hurford, accompanied him. They
succeeded in getting the animal out of the field, and it
proceeded some distance quietly, but suddenly it turned
upon the drovers, and running at the poor man Hurford,
fixed him against a wall, where the beast continued to
gore him until he fell a corpse. The boy fortunately
effected his escape, and the ox having expended its rage
upon the father, burst into a field and roamed about till
the afternoon in an infuriated state, when it was shot.
EXTRAORDINARY SUICIDE Or A LADY.--On Thursday
evening, Mr. W. Baker, the coroner, held an inquest at
the Duke of Clarence Tavern, Orchard-road, Hackney,
on view of the body of Miss Elizabeth Barron, aged 47
years, a lady of independent property, who committed
suicide under the following circumstances :—Ann Bar-
ron, of Grove cottage, Orchard-road, Hackney, said that
deceased was her sister. She was single, and had been
rather depressed for some tune past. Witness could tot
account for her low state of mind, as she was very reli-
gious, and never threatened to commit any violence.
On Sunday evening last the deceased and witness re-
tnrued from chapel, and after they had sat together in
conversation, the deceased wished to sleep with witness,
which was unusual. They subsequently retired to rest,
and on the following morning (Monday) witness rose at
seven o'clock, leaving the deceased asleep ; but, some-
time afterwards, when witness returned to call her for
breakfast, she discovered the deceased suspended by a
piece of rope to the iron rail of the bedstead. Deceased
was in her night-dress, and witness ran out for assist-
ance, when a Mrs. Snow and one of the servants cut the
deceased down, but they said she was dead. The de-
ceased was in the habit of reading a great deal, and was
to have been married on Good Friday to a gentleman of
fortune, residing at Islington. They had parted on the
last meeting in a very friendly manner, and were always
on the most amicable terms. Mr. Henry Tolman, sur-
geon, of Hackney, said he was called to the deceased,
but on his arrival at the house he found her quite dead
and cold. She had died from suffocation by hanging,
and there was a deep mark or indentation round the
deceased's neck, as if she had been suspended by a rope.
Isaac Chapman, the gardener to the family, having given
confirmatory evidence ; the Coroner remarked on the
principal points of the case ; after which the jury-re-
turned a verdict of temporary insanity.
SHOCKING Loss Op LIFE.—DEAL, THURSDAY NIGHT.
—A most melancholy occurrence was made known here
this evening, which has created much regret. Three
brave and hardy men, who have often distinguished
themselves by saving human life from wrecks on the
Goodwin, having met with a lamentable death by their
craft capsizing in a snow squall in the Gull stream.
Their boat was the hovelling lugger, the Victoria, and
the names of the men were Thomas Bowbegres, George
Thompson, and another, with Thomas Thompson (father
of George Thompson, about 50 years of age, and an ex-
perienced boatman), and Edward Greigs. They pushed
off in the lugger from the beach about nine o'clock in
morning. About eleven o'clock they were cruising in
the Gull stream, when a brig was observed to heave to
and hoist her colours. At the moment, another boat,
belonging to Deal, happened to be close on Thompson's
boat, and the Fawn requiring a hand Edward Greigs
jumped in, and the Fawn immediately bore up for the
brig. On approaching within hail of the brig, the cap-
tain beckoned to something that had befell the Victoria,
and on looking astern they saw that the lugger was
foundering. They bore round and made all haste to the
spot, but only arrived in time to save the elder Thomp-
son, who was swimming • the others had disappeared,
with their lugger, and had perished. Thompson was
found to be in a very exhausted statlinwihlieens.
P clkt ids us
in-'
He was taken to Ramsgate. The sufferers were all
married men, and have left large f
cerely hoped that those who have the means will attempt
in some measure to provide for the helpless widows and
orphans.

SHOCKING ACCIDENT.—At the Western Iron Mine,aturda
Daniel Palmer, was at work inyte mine , preparing some
morning,
theeo ft hem .
cartridges for firing thiieeoi re,
near Luxborough, on S
a man, named
when by some accident he
away, but had only ng aware of his danger he ran
lmhtedandon poor
containing 10 lbs. of proceeded a few feet before a barrel,owder,
exploded, the fire caught
higi
of flame.' His pw
came out of the level one sheet
burning clothes were torn from him as
quickly as possible ; notwithstanding, all his hair was
burnt from his head,
the skin from the tops of the fingers
to the elbows Was quite gone, and he is now lying in a
very precarious state
had been at . Fortunately, the other men who
work with him had just gone to dinner ;
otherwise, no doubt, some of them would have been
killed on the spot.—Sh,erborne Journal.
THE WEATHER IN IRELAND.—The harsh and unsea-
sonable Weather is still the principal theme of conversa-
tion, and occupies every one's attention ; and the ac-
counts from all parts of the country show that there are
no local exceptions to its prevalence. The Limerick
Chronicle says :
" Cold north-east winds and severe
frost indicate the hard complexion of this month. Rude
health can brave with impunity the parching dry atmos-
phere that reigns out of doors, but to the aged and inva-
lid this inclement season is most distressing. One of the
4- and most protracted winters on record has no-
severes.,
cessarily retarded all agricultural operations, and we
must be content to expect a very late, though we may
hope a good and sufficient, harvest in all green and cereal
crops, excepting wheat." A Mayo paper thus complains
on the some subject :—" We never recollect so unpro-
pitious a spring as the present. Farming operations are
at a stand-still, and up to the present we believe there
has not been a fractional portion of the corn sown as has
been usual at this period of the year. Potato planting
is also much retarded by the severe frosts and heavy
showers of snow. The wheat crop looks exceedingly
delicate, notwithstanding that every advantage is taken
of fine days ; still we fear that there will be a consider-
able deficiency in the average area of land cultivated.
Monday we had heavy showers of snow, with
easterly wind." Similar statements
appear in all the
provincial journals.

A iSST ZE INTELLIMICE.

WESTERN CIRCIIIT—BoDmiN, MARCH 24
CROWN COURT.

Jarie Sampson was indicted for the wilful murder of
her illegitimate child, at Illogon, on the 2d of February
last.

Mr. Collier was counsel for the prosecution ; Mr. H.
T. Cole defended the prisoner.
In this case it appeared that the prisoner was a young
girl living with her parents at !Illogon, in this county.
Some time, at the end of January, it was observed that
she was'with child, and on the night of the Ist Feb.
last she was taken in labour ; a neighbour was called
in to assist, and a midwife sent for, when she was con-
fined of a full-grown child. She was very weak and ill,
and the child, after being washed, dressed, and fed, was
placed at the foot of the bed on a pillow. The next day
it was fed and attended to, and seemed a fine healthy
child. The mother, however, was still weak and faint,
and the child was again placed at the foot of the bed on
a pillow. Later in the day the parent and child were
shifted to another bed in the same room, the child being
still placed at the foot of the bed. The mother of the
girl and her sisters, one of whom was married, attended
to her, and, with a neighbour, were frequently- in and
out of her room during the day. The child was seen
quite well at 5 o'clock, but soon after 6 o'clock one of the
sisters went into the room to put hot flannels to the pri-
soner's feet, when she discovered that the child was
dead. The midwife was sent for, and she examined the
child, when she found a red mark on the throat at the
lower part of the windwipe. This induced inquiries, and
a surgeon was sent for, who gave it as his opinion that
the death had been calmed by strangulation, and the
imputation on the prisoner was, that she had caused the
death of the:child by pressure on the windpipe.
On cross-ex....ruination of the mother and nurse it was
elicited that the prisoner had provided some clothes for
the baby, and that she stated that the father had pro-
mised to give her money to buy more.
The mother, who appeared to be a respectable woman,
with a large family, and an infant in her arms, gave
her evidence with great propriety, and excited much
sympathy. _ _ _

As the material evidence in the ease was that of the
surgeon, we give it at length :
Henry Harris--I am a surgeon at Redruth—On the
evening of the 2d of February I was sent for at about
seven o'clock, and saw the prisoner and a child. The
child was dead. It was dressed, and had a cap on. The
child appeared to be a full grown well formed child.
There was a bruise or mark about an inch and a quarter
in length transversely across the throat. It was livid.
There were no other marks on the child. On the follow-
ing day I made a post mortena examination. The lungs,
heart, stomach, liver, and bowels, were healthy ; the
stomach full of food. Beneath the marks on the throat
I found it rather reddish and inflamed, which would have
been, caused by external pressure or violence. lam of
opinion the 'death was occasioned by pressure on the
windpipe, which prevented respiration. I believe the
cap was tied when I saw the child. They are generally
tied higher up. If the cap had been tied tightly it •
might have produced a mark, but the mark I saw was
below the place where generally a cap would be tied, I
cannot say positively whether it would have produced
such a mark.

Cross-examined—I can conceive many things that I
have not seen, and therefore I am not prepared to say
that this mark might not have been occasioned by the
tie of the cap. The knot would make a mark, but I
don't know where this knot was. lam not prepared to
swear that such a mark might not have been so occa-
sioned. The death appeared to have been caused by
suffocation or stopping of the breathing. There are
many cases of children being found dead in bed by their
mothers' sides from different causes ; anything that would
prevent air coming to the child, or anything being on
its mouth, would prevent its breathing. That might
happen without the mother's knowing anything about
it, especially if the mother were asleep, and the death
would take place very quietly. The prisoner was very
weak and languid, and very feeble indeed, more so than
I have ever seen in many even with a first child. Newly
born children have no muscular power in the neck ; if
the child's head fell back over a pillow it would remain
so. The little shirt the child wore was tied at the neck ;
a tie from one thing is as likely to make a bruise as a tie
from another.

The case for the prosecution having been closed,
Mr. Justice Erie addressed the jury, saying that the
matter they were engaged in was one of the greatest im-
portance both to the prisoner and the public, and must
be decided by the jury, and he did not mean to take it
out of their hands, but to ask them whether, upon the
whole of the evidence adduced for the prosecution, they
thought it necessary for the learned counsel for the pri-
soner to go into the defence. The charge before them
was one of wilful murder, and they were to be satisfied
that the child came to its death by an act of unlawful
violence, and that the prisoner was the person who did
the act. Upon Mr. Harris's evidence, he had given an
account that there was a mark upon the neck, and he
believed that the death was occasioned by the stoppage
of the breath by pressure upon the windpipe ; but the
question still remained in doubt as to whether the tie of
the cap or the shirt might not have done it. Mr. Harris
was rather inclined to the opinion that it was not pro-
bable that it was done by either of those means, but it
was by no means a positive and decisive opinion that it
could not have been so done. If that stood on reason-
able doubt, the prisoner was entitled to the benefit of
that doubt. Even supposing the mark on the neck not
to be occasioned by the tie, but by unlawful means, still
there would be the question whether, upon the evidence,
they could come to a firm, decisive, abiding opinion that
the prisoner was guilty of this offence. They had heard
the statements of the extreme debility and weakness of
the prisoner, and that persons were in and out of the
room, all acting with uniform motives of humanity, try-
ing to give her relief according to their means, and the
state of the prisoner seemed to be one that would call for
a good deal of proof to show that she raised herself up
in the bed and extended her hand, and-applied her finger
to the windpipe of the child, and kept it there till the
child was dead. It was not his intention to withdraw
the case from their consideration if they liked the case
heard fully out. If so, no time could be too much on
such an important inquiry ; 'but this was the affirmative
case for the prosecution, and if they thought it not suffi-
cient, they would say so by their verdict of not guilty ;
but if they wished the case to go further, the learned
counsel for the prisoner would proceed with the defence.
The jury immediately returned a verdict of not guilty.