The Sun.
London, England, 1847-06-18 00:00:00

LONDON, FRIDAY EVENING, /IIJIO 18, 1847.

LAW INTELLIGENCE.
COURT OF EXCHEQUER, June 17.
(Sittings at Nisi Prius before the LORD CHIEF BARON
and a Common Jury.)
CROWN CASES.—ATTORNEY•CIENERAL V. POWELL.
This was an information filed by the Attorney-General
and the Board of Customs, charging the defendant with
having fraudulently concealed and brought into con-
sumption twenty-four chests of tea without the payment
of duty. The manner in which the fraud was committed
was as follows:—A sailor of the name of Partridge,
formerly resident in Jersy in 1845, became acquainted
with the defendant Powell in the month of November.
Powell was at that time in charge of the steam-boat called
Lord Collingwood. At Christmas in the above year
they left Jersey and came to London. In the mean-
time Powell told Partridge that he could put
him in the way of making his fortune, by run-
ningtea through the Custom-house, coastwise.
Partridge immediately concocted the plan, and
they arranged it that a bond should be given to the
Custom house, and purloined, and that the profits arising
from it were to be distributed between Powell, Walsh
and Partridge. This having been settled, Partridge
obtained drafts upon the London and Westminster
Bank, to purchase tea in bond, and he carried this busi-
ness on for twelve months, under the name of Clark.
He obtained a parcel of tea from the Custom-house, the
destination of which purported to be Liverpool, but the
goods were removed to a warehouse, and never for-
warded to their destination, but were brought into con-
sumption. Ultimately Partridge was taken into cus-
tody, and put into Whitecross-street Prison, and
information that he gave led to prosecutions
against his confederates, Powell and Walsh.
It was proved by the Comptroller of Customs at
Liverpool that he only received a packet in respect
of the bonds, and he searched in vain for the con-
signees. For the defence it was agreed at length that
the known character of Partridge rendered him un-
worthy of credence, and that the jury could not give a
verdict against Powell on his evidence.
The jury returned a verdict against the defendant in
the single value of 3201.
The Attorney-General appeared for the Crown, and
Mr. M. Chambers, Q.C., for the defendant.

JUDGES' CHAMBERS, June 17.
(Before Mr. Justice COLEBRIDGIC.)
BUNN V. LIND.
This case, which appeared in Me Sun on Tuesday
last, on an application made on the part of the defend-
ant for a commission to examine witnesses at Berlin,
came before his Lordship pursuant to adjournment,
when the solicitors for the parties were again in at-
tendance.
Mr. LEWIS, on tie part of the plaintiff, informed his
Lordship that he hai no affidavit in answer to the ap-
plication. He, however, begged to mention that the
cause was between fifty and sixty out of the special jury
list, and could not be tried before the sittings after
Hilary Term.
Mr. JENNINGS, ou the other side, expressed his
anxiety to get the case tried as early as possible.
Mr. Justice COLERIDGE inquired whether it could not
be arranged that the cause should be tried on the circuit?
Mr. JENNINGS apprehended that it would be im-
practicable, as the commission could not be returned
in time.

Mr. LEWIS asked his Lordship to grant the commis-
sion on terms. The plaintiff would have to join in the
expense, if not otherwise ordered, or he could apply for
a separate commission.
Mr. JENNINGS remarked that the expense would not
be so great as keeping the witnesses in London, pro-
vided they arrived. He had offered to appear a long
time ago to any process that might be issued.
Mr. LEWIS replied that such a remark as the latter
was easily made. As to an offer to appear to a process
issued when a party was not within the jurisdiction of
the court, it was, he would venture to say, of not much
importance.
Mr. JENNINGS said, there was a circumstance he
wished to mention, and that was, that it had been
threatened to arrest the defendant.
Mr. LEWIS denied that such a threat had been made.
What had been stated was, that if the party was about
to leave this country, an application might be made to a
judge on the subject. " But, at present," added Mr.
Lewis, " that necessity has not occurred."
Mr. JENNINGS—But it will probably occur at the end
of the season.
Ills LORDSHIP thought that such a circumstance might
be a very cogent reason to urge on the cause.
Mr. JENNINGS asked for permission to the commis
sion to put additional interrogatories if they should bo
required.
Mr. Justice COLERIDGE—Why not have a viva voce
examination?
Mr. JENNINGS replied that his counsel, Mr. Noggins,
had advised a commission by interrogatory.
His LORDSHIP observed that in such commissions
there generally occurred the necessity for further ques-
tions.

Mr. JENNINGS said it would be a great expense to
send over commissions.
HIS LORDSHIP thought there were persons competent
at Berlin to conduct the examination. They must give
parties at Berlin credit for some knowledge.
Mr. JENNINGS said the interrogatories would go as to
the alleged fraud and misrepresentation.
His LORDSHIP made an order for the commission to
issue, with permission to the commissioners to pat addi-
tional questions on either side.
Mr. LEWIS said, that as there was so much anxiety
for the trial of this cause, as stated by the other side, he
should be most happy if his Lordship would now make
an order that it be tried the sittings after next term.
Mr. Justice COLERIDGE said he had no right to make
such an order. There were other causes to be tried,
and there was no reason why this one should precede the
others.
Mr. LEWIS remarked, that be had made the applica-
tion from what had fallen on the other side.
Mr. Justice COLERIDGE—It is not the only cause in
the world.
Mr. LEWIS—No, my Lord; but it is thought to be so
by some parties.
His LORDSHIP signed the order for the commission to
examine witnesses, and made the same returnable on the
first day of Michaelmas term—the costs to be costs in
the cause.

CENTRAL CRIMINAL COURT.
OLD COURT.
:Before Lord Chief Justice WILDE and Mr. Justice

PATTESON.)
MURDER.—Gilbert M•Donald, aged 46, described as a
carpenter, was charged with the wilful murder of Agnes
M‘Donald, his wife.
It appeared from the evidence that the deceased was
in the habit of constantly getting intoxicated, and on
the night of her death had been indulging her unfortu-
nate propensity. Some words arose between her and
the prisoner, and a quarrel ensued which led to the event
with which the prisoner was charged.
The jury found the prisoner Guilty of manslaughter,
and he was sentenced to be transported for hie.

THE LATE FATAL ACCIDENT AT
THE DEE BRIDGE.
The proceedings at the inquest held on Wednesday
were brought to a close. The following details we take
from the Liverpool Times of yesterday:—
Captain Symonds, RN., inspector of railways, read
the opinion of himself and Mr. Walker, the Government
engineer, as to the cause of the accident. This document
ran to a very considerable length, and occupied up wards
of an hour and an half in its delivery. It was cautiously
guarded by reasonings upon probabilities and conflicting
engineering opinions, that the decision of these Govern-
ment inspectors was not very positively pronounced.
Their inference, however, seemed to be that the fracture
was made in the centre of the girder; that the girder of
itself was too weak to support the weights usually pass-
ing on it; and that the principle of the construction of
the bridge was objectionable.
The evidence having been brought to a conclusion,
The CORONER proceeded to sum up the whole case.
The jury retired at twenty minutes past five, an
an absence from court of fifty minutes, returned the foterl-
lowing verdict:—" We find that George Roberts, John
Matthews, and Charles Nevill were accidentally killed,
after
on the evening of the 24th of May last, in the parish of
St. Mary's-on-the. Hill, in the city of Chester, by being
precipitated along with the train of carriages on the bank
or bed of the river Dee, from the breaking of one of the
twelve cast-iron girders constituting the railway bridge
over that river. We find also that Isaac Jones died on
the 26th of May last, from the injuries received at
the same time and place, and from the like cause.
And we find that Thomas Anderson came by his death
on the 24th of May last, in the parish aforesaid, by
being accidently thrown from the tender on to the rails.
We are further unanimously of opinion that the afore-
said girder did not break from any lateral blow of the
engineihe
tender,
masonrycarriage, of h
otrvean, or from any fault or
defect piers or abutments, but
from its being made of a strength insufficient to boar the
pressure of quick trains passing over it. We feel that
the eleven remaining girders having been cast from the
same pattern and of the same strength are equally weak,
and consequently equally dangerous for quick or pas-
senger trains, as was the broken one. We consider we
should not be doing our duty towards the public if we
ors that there are upwards of
passenger trains, and we
separated without expressing our unanimous opinion
selloiriclek in principle and form to the-
late u
that no girder bridge of so brittle and treacherous a
metal as cast iron alone, oven though trussed with cast
ironohna reehriuot
hundred
dsn,r
ei
evidence
safeibdn
reid
egteoe
bridges
late one over the river Dee, either in use or in course of
being constructed on various lines of railway. We con-
sider all these unsafe, more or less, in proportion to the
span; still, all unsafe. We, therefore, call upon her
Majesty's Government to institute such an inquiry into
the merits or demerits of these bridges as shall either
condemn the principle, or establish their safety to such
a degree that passengers may rest fully satisfied there
is no danger, although they deflect from 1 to 5i inches."
The CORONER said that the first part of the verdict he
would record, but that the latter part, calling for Go-
vernment interference, might be taken notice of by the
gentlemen of the press, and would be forwarded by him
to the Board of Trade.

EVANGELICAL ALLIANCE.—Last night a public
meeting was held in the United Presbyterian Church,
Oakshaw-street, Paisley, in furtherance of the objects of
the Evangelical Alliance. John Hart, Esq., of Cartvale,
was called to the chair. The Rev. Mr. Banks commenced
the proceedings by leading the devotional exercises;
Rev. Mr. France briefly explained the objects of the
Alliance ; Rev. Mr. Jordan, in a neat address, refuted
some objections to the Alliance ; Mr. Whitelaw, of Nor-
wich, delivered a short address ; and the Rev. Mr. James
followed, in his usual masterly style. The attendance
was good, and the spirit which evidently characterised
the meeting
of gw;l7edle
siofaeuvyeery pleasing nature,--North