The Sun.
London, England, 1840-12-08 00:00:00

TO THE EDITOR OF THE EVENING MAIL.

Kimmage House, Dec. 3, 1840.
Sir,---I have been honoured with a letter from the Duke
of Wellington, enclosing one which his Grace had written
to the editor of the Standard ne,aspaper, in reference to
the Irish Municipal Bill. Ia his letter to me his Grace
observes
:
My only reason for addressing the editor of the
Standard was to enable you to trace to its source a ca-
lumny respecting yourself.
" I could not doubt that the editor would not hesitate
to make known the name of the person who conveyed to
him a report for which I inform id him there was no
foundation ; more particularly as I stated that my only
motive for applying to hiat was to do you justice.
This is the obvious object of my letter to the editor. The
editor refuced to comply with my request, which he had
certainly a right to do, if he thought proper. Upon this
course I shall make no comment. lie likewise omitted to pub-
lish my whole letter, and leaves the public to believe that I
cared one pin about the report that I had professed that I
had been deceived, or, any ground whatever, exec:Ong that
the report was connected with your name. I have there-
fore thought it best to send you a copy of my letter to
the Editor of the Standard, of the 21st instant, and I
Lave it to you to do what you may think proper with
it ; as my sole object in writing it was to obtain infor-
mation for you which would enable you to discover the
person who had been your slanderer."
Under these circumstances I think that I pursue the
course most respectful to the Duke of Wellington, and best
evince my deep sense of obligation for the trouble his
Grace has taken on my account, by giving his Grace's let-
ter to the editor of the Standard for publication. I, there-
fore, send you a copy of it, and beg that you will do Inc
the favour to publish it in the Dublin Evening Mail.
I have the honour to be, Sir,
Your most obedient humble servant,
FREDERICK SHAW.

Copy')
" TO THE EDITOR GF TIIE STANDARD NEWSPAPER.
" Strathficldsaye, Nov. 21, 1840.
" Sir—l observe that in the leading article of the
Standard newspaper of the 20th instant, it is stated—
' It is, however, well known, that the Duke of Welling-
ton profeised himself to have been deceived.' 1 should
not have considered it necessary to notice this statement
if 1 had not been aware of an attempt made to connect
the fact of my having been deceived with a gentleman
residing in Ireland, and to attribute to him the deception
of which it is supp)sed that I complained.
" In the paper of which you arc editor it is stated po-
sitively--
It is well known that the Duke of Wellington had
professed himself to have been deceived throughout the
whole affair.
If this is well known, it must be known to somebody
who can be nad. I request yu to name the persons o
person who ever heard n-. 0 profess or say that I had been
deceived by anybody, or at all.
„,, convinced that you will admit that there is no-
thing unreasonable in asking the name of one individual
who ever heard that which it is said is well known.'
The same leading article of your newspaper contains
several misrepresentations-1 conclude unintentional—rc-
carding what passed in Parliament upon the subject of the
Irish Nlun.tcipal Corporation Act.
" I notice this part cf it solely because I am engaged
in drawing your attention to another par! of the same,
while upon the same subject. I consider these misrepre-
sentations—as I do all such which appear in the news-
papers, and can affect my own charocter alone—with the
utmost indifference.—l am, &c.
(Signed)

" WELLINGTON."

Lon D BROUGHAM. -In the Twenty-eighth
Number of the Statistical Account of Scotland, recently
published, we find the following interesting particulars
respecting the parentage of this distinguished Nobleman :
The eldest son of the Rev. Walter Syme, formerly
minister of Tullynessle, was a short time minister of
Alloa, and married a daughter of Principal Robertson, of
Edinburgh. Their only daughter, named Elearmra, was
married to Henry Brougham, Esq., of Brougham Hall,
Westmoreland, father of the ex-Lord Chancellor. The
rev. writer of the account of the parish of Tullyressle al-
lowably remarks, that it is with a feeling somewhat akin
to pride that he records his Lordship's relationship to one
of his predecessors.—Aberdeen Herat!.

FATAL ACCIDN T ON THE 311{.

MINGHAM AND DERBY RAILWAY

BIRMINGHAM, SATURDAY EVENING.--The CO"OrICY'S in-
quest on the body of the unfortunate man, Richard Black,
who met his death on the Birmingham and Gloucester
Railway on Wednesday evening last, commenced yester-
day, and terminated this morning, as will be seen by the
following abridged report, in the committal of two men
for manslaughter. But subsequently Mr. Marson, one of
the under-contractors for the repairs of the line, was also
committed by a Magistrate to take his trial for negligence
in allowing an obstruction on the line, contrary to the pro-
visions of Lord Seymour's Act. The proceedings were
opened at the Swan Inn, Nether Whitacre, near Coleshill,
where the body of Black now lies.
Mr. G. C. Greenway, of Warwick, in the absence of
Mr. Whateley, presided as Coroner. The Earl of Ayles.
ford, who resides in the neighbourhood, was present and
took great interest in the proceedings.
The first witness was William Poulton, guard on the
line, who deposed that he was with the down-train which
left Birmingham at half-past five o'clock on Wednesday
evening. They arrived at Coleshill station at twelve mi-
nutes past six o'clock, being five minutes lehind time, and
on reaching Orgrel's-end Bridge, near Whitacre, they
came in contact, as he subsequently ascertained, with a
small truck on the rails. The concussion detached the
engine and tender, which went off the line of the railway,
and two of the first carriages, which were of the third
class, were turned over upon their sides. The remainder
of the train consisted of second class carriages and one of
the first class. These kept on the line and ran on about
thirty yards. The deceased, who was riding in one of the
third class carriages, was pulled from under the engine
quite dead. The stoker, whose name was Atkins, had one
a his legs broken, but the engineer was not hurt. An-
other man, named Naylor, was much bruised, and was lying
at a farmhouse in the neighbourhood, It V., as moonlight.
There was nothing in the way that they could see. There
were no luggage waggons attached to the train. The truck
was used by the plate-layers for the purpose of carrying
materials along the line.
By the CORONER—The truck was certainly not in its
proper place when the train came up, fur the train was
due and behind time. If the men had been any way quick
they might have turned the truck over, and got it out of
the way before the arrival of the train. It was usual to keep
. trucks on the rails for the purpose of repair, and when the
train arrived to throw them off. But he did not see that
there was any necessity for having a truck on the line at
all at the time the accident occurred. The men were not
required to work on the railway longer than daylight. He
never saw any men at work on the line after dark before
that night. Men were stationed along the tine at every

part which was considered in any way to be dangerous.
Whenever there was any thing wrong, a man was placed
with a signal lamp. There were also inspectors, whose
duty it was to take care of certain lengths of the line.
He'could not tell whether there were any inspectors be-
tween Coleshill and Whitacre the night the accident oc-
curred, but he knew there was one stationed at Coleshill.
The deposition of Somerville, the engine-driver, was to
the same effect as Poulton's.
Mr. John Burkinshaw was then called, and deposed
that he was resident engineer and manager of the Birming-
ham and Derby Railway, and stated that the men were
only required to work on the line during daylight, except
in cases of real necessity, when proper signals would be
placed at equal distances along the line, one at each side
where the party was at work. The truck which caused the
accident had no right to be on the line, nor was there any
necessity for it.
Mr. Stevenson, the contractor, was examined at great
length, with a view to corroborate the statements made by
Mr. Burkinshaw, and exonerate the Company from all blame.
It appeared that on Wednesday morning Mr. Stevenson
directed Mr. Marson, who was in his employ, to send a
letter for him to Tamworth : and that for the purpose of
doing the journey quickly, Mr. Marson, without any order
from Mr. Stevenson, sent two men in a truck with the let-
ter in question.
Lord Aylesford—l wish to ask Mr. Stevenson whether
he knew there was to be a truck taken up last Wednesday
night from here to Tamworth ? Witness—l did, my Lord.
Lord Aylesford—Who went with it?
Witness—Mr. Marson, my Lord, will explain that bet-
ter than I can. I wished to have a message sent to my
clerk at Tamworth on Wednesday morning, and intrusted
it to Mr. Marson to have it forwarded with all despatch in
the hope of catching the train, and a note was forwarded
by one of the trucks. I did not know the man who took
it, but Mr. Marson, does.
In answer to questions from Mr. Carter, witness said
Oat if trucks were used for other purposes than the work
of the Company it would be a breach of the regulations,
and that the note he sent was not connected with the
work of the Company.
CORONER—Did you direct how the note should be sent ?
Witness—l did not. I was not aware that it would be
sent in this way. The note was sent at twelve at noon,
and I understood they did the distance in about half an
hour.
A great deal of evidence was then given, from which it
appeared that Mr. Marson ordered the two men named
Barber and King to take the truck to Tamworth, and that
he accompanied them six miles on the road, when after
giving them the letter to carry forward, he left them direc-
tions to be very careful as to the trains. They remained
at Tamworth a considerable time, and on their return they
were warned by a policeman at Kingsbury, at 2k miles from
where the accident occurred, as to the probable arrival of
the trains, when they replied to the effect that all was
right, and were fully prepared to remove the truck upon
the approach of danger. It so happened, however, ac-
cording to their own statement, that when in the act of at-
tempting to remove the truck the train came in upon them
and the accident occurred, by which Black lost his life.
The inquest adjourned at half-past seven o'clock.
Saturday morning the Jury met at 11, and the Coroner
proceeded to hear the evidence. He observed that after
hearing a great quantity of evidence, no blame appeared to
attach to the Company, but rested entirely upon the con-
tractors' department and the two men in charge of the
truck. As it regarded Mr. Marson, the evidence be
thought was not sufficiently strong to justify a verdict of
manslaughter, but he had little doubt if acquitted by them
the case as it affected him would be met in another way.
The Jury then, after some consideration, returned a ver-
dict of manslaughter against Barber and King, the two,
men with the truck, and the Coroner committed them to
take their trial for that offence at the next ass:vs for the
county of Warwick.
Mr. Carter, addressing Lord Aylesford, then said that
he was instructed on the part of the Railway Directors to
state that they were determined to prosecute Mr. Marson
under Lord Seymour's Act for negligently placing an ob-
struction on the trams of the railway.
Lord Aylesford said that, as a County Magistrate, he
was prepared to hear the charge.
The evidence, as it affected Mr. Marson, and already
summarily stated, was then gone into, and at its conclusion
Lord Aylesford said he felt bound to commit the prisoner
to take his trial at Warwick. He accordingly committed
him, but Mr. Marson subsequently procured bail to answer
the indictment to be preferred against him, and be was dis-
charg. d out of custody.
Black was not a horsekeeper in Birmingham, but was
brought up as a brassfounder. Owing, however, to the
badness of trade, he bad obtained a situation as assistant
to Mr. Hillcock, one of the Company's engineers, now em-
ployed in surveying the new line from Tamworth to Bir-
mingham. Naylor, who, it is greatly feared, will not re-
cover, was in the same service. Both of the unfortunate
men had been employed driving upon the survey of the new
line near Coleshill, and were on their return home to their
families at Tamworth. Mr. Hillcock, their employer, was
in the first class carriage, and escaped unhurt. He was
the first to identify Black, whom he found lying under a
carriage, with his head dreadfully crushed. Naylor was
lying under him saturated with blood from the head of his
unfortunate companion.

UNIVERSITY AND CLERICAL

INTELLIGENCE.

OXFORD, DEC. b. —S. C. Denison, of Balliol College
was on Thursday last elected Law Fellow, in University
College, founded by the late Lord Stowell.
The Rev. A. Crowdy, of Brasennoso College, has been
presented, by the Lord Bishop of Winchester, to the
Rectory of Wirmal, Hampshire.
The following gentlemen have been elected scholars of
Balliol College :.---Messrs. J. Riddell, from Shrewsbury
School ; and M. Arnold, from Rugby School ; and Mr.
W. J. Jenkins has been elected a Fellow of the above
College on the Blundell foundation.
The Earl of Lonsdalc has appointed the Rev. Thomas
Ilatton, late of Brasennose College, one of his domestic
chaplains.
The living of Spelsbury, in this county, has become va-
cant by the death of the Rev. G. Turner. This vicarage
is in the gift of the Dean and Chapter of Christ Church.
In referring to the class list it will be seen that of the
six candidates whose names are placed in the first class,
four are scholars or exhibitioners, two independent mem-
bers ; and of the 42 in classes two, three, and four, 15 are
scholars, &c., and 27 independent members, including
one Nobleman and one Gentleman Commoner. A few,
who were not candidates for honours, have been placed in
class four.
CANMIDGE, DEC. 4.—A congregation was held this
day, and a grace passed the Senate, " to present an address
of congratulation to her Majesty the Queen, upon the
happy occasion of the birth of the Princess Royal."
Graces also passed " to present addresses of congratula-
tion to his Royal Highness Prince Albert, and to her
Royal Highness the Duchess of Kent, upon the same aus-
picious event."

Pus EYISM.—A correspondent, who styles him-
self a young reader of The Sun (having commenced nine
months ago) and a Dissenter, wishes to know what is the
meaning of the term l'useyite. We would rather that
the question had been addressed to Dr. Pusey himself,
but as our Correspondent has thought proper to apply to
us, we will give the substance of the new faith in a few
words. The principles of Dr. Pusey, in which a great
many members of the Established Church concur, are es-
sentially Rornish. He holds that a supernatural power,
by Divine permission, is resident in every minister or-
dained under the Apostolical succession, and that standing
miracles of "gifts" and "grace" inhere in the stated ser-
vices of the divinely-instituted churches—that is, in the
Anglican, Roman, and Eastern, excluding, of course, the
Church of Scotland, and all the Dissenters of every de-
scription. To the Sacrament he assigns a peculiar in-
fluence, even when the recipient is a child not conscious
of the rite: an opinion which contains the old Popi,,h
doctrine, that infants unbaptised by a true Church minis-
ter—that is, a Popish or Anglican minister—wikbe
damned. In short, Puseyism, as laid down by the new
saint of Oxford and his disciple Mr. Gladstone, using
Cromwell's words, is "flat popery."
The attraction of the Midsummer Night's
Dream, at Covent-garden Theatre, continues unabated,
and Madame Vcstris announe;s it for four evenings this
week, followed on Wednesday by a new one-act farce, (n.
tided Brother Ben, by young Morton, the author of two
or three successful trifles, and an off-shoot of the author of
Speed the Plough.

MORNING EDITION.

STRANGE AFFAIR

•
A MAN SUFFOCATED ICOAL PIT.—Ora Wed- ;
nes.lay morning week, as stated in our last, the inhabi -
tants of Bacup and the neighbourhood, were thlo"
Into a state of great alarm and excitement by the re-
port, that a man had been suffocated in a coal pit,
owing to the pitmen in an adjoining mine having put,
posely kindled fires, so that the draught carried the
smoke into the mine in which the sufferers (for there
were more than one who sustained considerable injury)
were at work. On inquiry, it proved that two of the
men were so much exhausted by the suffocating fumes
from the fire and smoke, that it was necessary to calve,'
them to their dwellings in carts. A number of men
and boys also suffered, but less severely, from this cause ;
but we regret to add, that, in one case, death by suff°-
cation was the result. The individual who thus be-
maturely lost lost his life, Jacob Townend, was the roth
_ace_ ,
of Mr. John Townend, of the Wellington-inn, P
the tenant of the pit in which this unfortunate occur-
rence took place. It seems that, for some time Pist'
!here have been disputes as to the boundaries and work-
ing of the two adjoining pits.
On Wednesday morning last, about a quarter-Pawel
Fight, the unfortunate deceased, Jacob Townend,
into. the pit, accompanied by the man who worked
vvnava
bun, as his mate, named James Schofield. They el
only about thirty yards from the place to which they had
they
to proceed to work, and Townend began to pu thTownendwall down. As soon as he had opened an aperture, he
Ell down upon his face, as if struck by a blow, just !ta
the draught which carried the smoke into the p
Schofield felt almost suffocatedand, not seeing low
end, exclaimed, " Jacob, God' bless' thee ;
matter ?" He did not answer, and Schofield got hold
of him. by the jacket, and pulled him through the apse,
saying, "If thou can help thyself, do ; for I ctnnot
abide here no longer." Townend said, " I cannot, alia
never spoke again. Schofield found himself growin!?
weak, that he could scarcely speak ; and it was with
difficulty that he crawled towards the pit's mouth, tillt
what's the
he found some of the hands, and told them in what
condition he had left Towaend. The men remove"
Schofield into the open air ; and, being unable tcif
stand, he was conveyed home in a cart, in a eat? °
great sickness and exhaustion. The men went let!
the pit in parties of four, to search for Towne° '
and, in about an hour from the time be fell, they .
found him, quite dead. Some idea easy be formed ot
the deleterious effects of the smoke and vapour, !he°
whitten,
It is stated that one of the searchers, James
was also so much exhausted, being seized (as were t.h:
others more or less) with giddiness, great prostrat:).
of strength,. a sensation of tightness round the heat.
and sickness, that it was necessary to carry him hnffle.la.,
a cart. On these circumstances becoming known, '
formation was given to the police of the
in Lord's pit. After some inquiry, county e?asta.
bulary force, stationed at Bacup, who, by irectionu
the magistrates, apprehended fourteen individuals
(eight men and six boys),all of them working
beenor howl
advisable to discharge two of the men and the, six bale
on S iturday, and to take the evidence of some of them
The
as to the cause of this unfortunate occurrence.
it was 4eemed
names of the six individuals who were detained are
John Shepherd (a youth) John Lord, Chris
Eastwood, Robot t Holt, Benjamin Bentley (alias Drake
anal Edmund Ct owther.—Manchester n. Guardia),