The Sun.
London, England, 1847-05-17 00:00:00

MAY 17, 1847.

that it was not only competent to Parliament, but was its
most obvious course, and its bounden duty, to lay down at
the commencement of each session some general rules, with
a view to an ultimate selection from the Bills. A Parliamen-
tary Committee, after using and reviewing the reports of the
Railway Commission, might have indicated the chief railway
desiderata of the country—viz., the districts most in want of
communication, the aggregate of undertakings to which it
was prudent to go with reference to the available resources of
the country, and various other useful preliminaries of
legislation. We believe that nothing could be more
easy and definite than such an inquiry. However
the Fates were against us. A vain conceit of the infinitely
expansive resources of the country, and of a certain tide o f
prosperity which it was necessary to take at the flow, pre-
vailed' against our cautions. It was pronounced a heresy
against free trade, and beyond the scope of Government, to
assign any limit to mercantile speculation; and in a few
short months, in great confusion, in the midst of blunders,
squabbles, technicalities, jobbing, canvassing, haphazard,
rascality, and chaos, there was passed an amount of Bills,
under the burden of which this nation is now bowed to the
ground. What is already done will not be mended till it
mends itself, as it probably will, without the intervention of
Ministers and Parliaments. But something may yet be
done with the Bills now before the Legislature. There is still

time to make a judicious and limited selection from them,
marking out some few for immediate execution, and giving
to others only a prospective sanction. There is no valid ob-
jection to such a measure. Railways are not simply com-
mercial speculations. They are distributions and assignments
of the British territory; they are the foundation of a new
heptarchy in these islands. Surely they are amenable to any
sort of control the State may think fit to apply ; and surely
the State is also bound to see, especially in these times, that
the realm should suffer no hurt, and receive no wrong, as it
certainly does by the enforced monopoly of its resources in
speculations of remote and precarious advantage.—Times of
yesterday.

WATERFORD AND KILKENNY
RAILWAY COMPANY.
The half-yearly general meeting of this company was
held on Friday, at the London Tavern ; P. S. Butler, Esq.,
M.P., President of the Board of Directors, in the chair.
Mr. FAGAN said he would wish to ask the Chairman, be-
fore the reading of the report, whether it was intended to
elect directors at the present meeting P
The CHAIRMAN explained that three directors were to go
out by rotation, and might be re-elected.
Mr. Paonsr said he objected very strongly to that net
being mentioned in the advertisement.
Mr. EDWARDS, the solicitor of the company, thought though
it might be usual; it was not necessary by the terms of the
Act that such specification should be made.
After some conversation on the subject it was arranged
that, if it should be the wish of the company, the election
of the directors should be postponed.
The SECRETARY then read the report, which stated that in
consequence of the Board of Works in Ireland having refused
to lend the company any assistance in their undertaking
except upon impracticable conditions, and the motion in Par-
liament for an advance of money for Irish railways having
failed, the directors applied to the Prime Minister, by whom
they were referred to the Public Works' Loan Commissioners,
and on the 21st ultimo, as they announced, they succeeded
in obtaining a promise of a loan of 83,0001. This loan was
to be advanced on the following conditions, viz.
The whole of the property possessed by the Company,
both real and personal will have to be mortgaged as secu-
rity for the money advanced, and this preliminary ar-
rangement perfected, a sum of 23,000/. will be immedi-
ately paid to the Company, to be expended on the works
of the line, and concurrently therewith, they will be required
to expend a like sum of 23,0001. from their own funds, this
(and more the directors trust)will be met by the arrears now
in course of payment; upon the loan commissioners being
satisfied of the due application of these two sums, amounting
in the agregate to 46,0001., a further advance of 30,0001. will
be made under similar conditions, which will (in October or
November) involve the necessity of a call of 21. 10s. per share,
to meet the outlay as before explained of an equivalent
sum on the part of the company—this call, however, may
be reduced in amount, in proportion as the arrears now duo
shall be paid—satisfaction being again adduced of the expen-
diture of these sums, amounting to 60,000/., a third and last
advance of 30,0001. more will be made, to meet which, a fur-
ther call of 21. 10s, will be required about a twelvemonth
hence ; and it is much to be desired for the benefit of the best
interests of the company, that these calls should be responded
to in such a manner as to enable the directors to embrace the
full advantages of the loan now conceded."
The line between Kilkenny and Thomastown would have
been completed as far as earthwork, bridges, &c., in March
last, but for the backwardness of the shareholders, but those
eleven miles, under all disadvantages, were in a very forward
state, and would be ready to receive the traffic from Carlow
to Dublin before the Irish South-Eastern Company would be
in a position to avail themselves of it, whether the company
would open their line between Kilkenny and Thomastown
before the Irish South-Eastern Company opened their line
between Carlow and the Waterford and Kilkenny line. The
Government engineer, J. Walker, Esq., who had been sent over
by the Loan Commissioners to inspect the line, had reported
most favourably of the portion of the works already executed,
and in reference to a portion between Kilkenny and Thomas
Town, that there would be a clear revenue to pay the interest
and repay the capital, not only of the first instalment of
23,0001„ but of the whole loan of 83,0001. The engineer's
report stated that since November last no new works had
been entered upon on that railway, excepting some small
works at the Kilkenny station, which were necessary for
making that station sufficient for traffic. The surveys
had been completed as far as Waterford-bridge.
The contracts already entered upon were proceeding, and
every effort would be made to complete the works.
From the financial statement, it appeared that the amount of
deposits was 12,500/., that there was a balance of loan from
the Carlow Extension Railway. The Parliamentary and
law expenses amounted to 12,002/. Its. 111, and the balance
at the bankers was 1,8751.
The CnAinm.tx said that the report they had just heard
read was so full as to leave him but little to notice. The specula-
tion in which they were embarked would turn out far more
lucrative than was expected some time back. That he had
received from the highest authority, and he would
take the liberty of reading to them a passage from the
speech of Lord George Bentinck on the subject of an advance
of money for Irish railways. The Hon. Gentlemen here
read the passage in question, in which the Noble Lord stated
that there was a bona
,fide traffic of 1,500/. on the Great
Southern and Western Irish Railway, and which spoke of
the present line very favourably. As far as the direction was
concerned, the directors were most anxious to promote the
interests of the shareholders, and expedite the works. The
Chairman concluded by proposing the adoption of the report.
After an irregular and protracted discussion,
Mr. LAYARD seconded the resolution, which was agreed to.
The following gentlemen were then re-elected as directors,
viz.:—Mr. Colman, Mr. Greene, and Mr. Lecombe ; and Mr.
Webster was re-elected an auditor; and a resolution was passed
reducing the remuneration of the auditors to 104 per annum.
A special meeting was then held for the purpose of consi-
dering the confirmation of the forfeiture of sundry shares in
arrear of calls.
The SECRETARY read a statement, from which it appeared
that the directors proposed to forfeit 1,692 shares, which was
confirmed by that of the meeting.
Thanks were voted to and acknowledged by the Chairman.
The meeting then separated.

RAILWAY SHARE MARKETS.
LIVERPOOL, MAT 14.
STOCK EXCIIANGE.-The sales are-Eastern Counties, 19-
East Lancashire, New 15/ dis.-London and North-Western,
Quarters 14% p.-Ditto. New,Quarters, 91,4 p.-Manchester
and Leeds, Fifths, (late W. R. U.), 3s. 9d. p.-Manchester,
Sheffield, and Lincolnshire, Eighths, 21,4 dis.-Midland
Stock, 1143/4-Ditto, New, 2 p.-Leeds and Thirsk, 6 dis.-
Birkenhead, Lancashire, and Cheshire, 13/4 dis.-North Staf-
fordshire, 13/4 p.-Shropshire Union Railway and Canal, 2
dis.-Dutch Rhenish, 312 dis.
MANCHESTER, MAY 14.
STOCK EXCHANGE.-The sales are-Ambergate, Notting-
ham, and Boston, 13i -Birkenhead, Lancashire, and Che-
shire, 134 dis.-Birmingham and Oxford Junction, 63' c. p.
-Fleetwood, Preston, and West Riding, 114 dis.-Leeds,
Wakefield, and Midland, 1 dis.-London and North-Western,
(Manchester and Birmingham), 661 A -Ditto, Quarters (A),
51 c. p.-Manchester and Leeds, halves (H. and S.), 5-16
p.-Ditto, 32/. Shares (late Extension), % p.-Ditto, Fifths
(late West Riding Union), % p.-Manchester, Sheffield, and
Lincolnshire, Quarters, No. 2, 20%-Ditto (Grimsby), 201.
Shares, 31,42 dis.-Ditto (Sheffield and Lincolnshire), 31/2 die.
-Manchester and Southampton, 28s. 6d. dis.-Newcastle
and Berwick, New, Fri p.-North British, Extension, 13,4-
North Staffordshire, 1% -North-Western, 134 dis.-Royston
and llitchin, oar-South-Eastern, dis.-South Yorkshire,
Doncaster, and Goole, 3% die.
LEEDS, MAY 14.
STOCK EXCHA NC E. -The sales are-East Lancashire, New,
n. die.-Ditto, New (scrip), par-East and West York-
shire, dis.-Great Northern, 30s. n. dis.-Leeds and
Bradford, 43% p.-Leeds and Dewsbury, par-Leeds and
Thirsk, Preference, 4s. p.-Leeds, Wakefield, and Midland,
19s. dis.-London, Brighton, and South Coast, Fifteenths,
Is. p.-Malton and Driffield Junction, 17s. Gd. dis.--Man-
chester and Leeds 321. Shares (late Extensions), ss. p.-
Ditto, West Riding Union, 2s. 6d. n. p.-Midland, Pre-
ference, 2 p.-North British, Thirds, 1% p.-Ditto, Exten-
sion (scrip), 2s. Gd. p.-North Staffordshire, 134 n. p.-
Northern Counties Union, 23/4 dis.-North-Western,l34 dia.
GLASGOW, MAY 13.
STOCK EXCHANGE.-The sales are-Aberdeen, 25 h -
Caledonian, New, 375. 6d.- Dundee and Perth, New, 101,g
Ditto, Quarters, 525. 6d.--East Indian, 2s. 6d.-East Lo-
thian Central, 395.-Edinburgh and Glasgow, Halves, 221.-
Edinburgh and Northern, Newport, 71.-Edinburgh and
Perth (New Co.), Halves, 9s. 6d.-Glasgow, Kilmarnock,
and.Ayr, 1181.-Ditto (5 per cent. guar.), 351,4-Ditto,
Halves, No. 1,6/. 45.-Ditto, No. 2, 51. 25.-Great Western
of Bengal, is. 6d.-Kilmarnock and Ayr Direct, 205.-Man-
cheater and Southampton, 10s.-Monkland and Kirkintilloch,
261.-North British, New Quarters (scrip), 18s.

ACCIDENT ON TILE NORTIF•WESTERN RAILWAY.—
The express train from Liverpool, which was due at Euston-
square at eleven o'clock on Thursday night, did not arrive
till five minutes past one on Friday morning. The delay
arose from the train running into a goods train, on a curve
in the line, a little below Wolverton, by which the guard's
break-waggon was broken to pieces. Happily no lives
were lost, but the guard and several of the passengers were
slightly injured. Whether the accident occurred through
the signals not having been properly attended to, or whether
the goods train carried no " tail-lights," we could not ascer-
tain in the confusion which prevailed on the arrival of the
train.
TIIE ARMY.—Lieutenant-General Sir Colin Camp-
bell, late Governor and Commander-in-Chief of the Cape of
Good Hope, is on his return home, after a long absence. The
gallant Officer will be succeeded in the command of the
troops at the colony by Major-General Smelt. This officer
served with much distinction during the American war, and
received some severe wounds.
TERMINATION OF THE TIEDENHAM POISONING
CASES.—This inquiry was resumed at Tibbenliam, at the
Greyhound, on Thursday last, before Mr. Pilgrim, the coroner,
and the jury. The names of the latter having been again
called over, the Coroner, in making a few remarks, said the
case was still enveloped in great mystery and suspicion,
which he feared nothing that would come before them this
day would clear away. The evidence brought forward
added but little to the facts of the case, as detailed in the
previous inquiry. The jury, after hearing the evidence, re-
turned a verdict "That Mary Ann Pearson and Elizabeth
Event died from the effects of arsenic wilfully administered
• by some peraon or persona unknowu.”

THE CASE OF MRS. CUMMING.
The following is a full report of the important trial
in this case (illustrating the evils of the present state of
the law of lunacy), which took place in the Court of
Queen's Bench in the latter part of last week:—
Mr. Cooenuaar (with whom was Mr. Hance) for the
plaintiff, stated that this was a proceeding by way of in-
terpleader, to determine whether a certain arrangement,
entered into by the plaintiff in the month of September
last, was a valid arrangement to be maintained nrinst
her. The circumstances of the case were these :
Mrs. Cumming, the plaintiff alas a woman entitled to
certain freehold property, She was a person consider
ably advanced in life, and was perhaps rather iraseinle
and impatient. Between herself and her two daugh-
ters, the wives of Messrs. Ilooper an 3 Ince, dfferenees
had arisen, and these persons had thought fit to apply
for a commission of lunacy against their mother. Tins
commission issued on the 29th of July ; it lay for some
time without execution, but towards the middle cif
August the parties proceeded to put it into execution.
The plairaiff had been put into a lunatic asylum as early
as the 13th of May, and she was brought up from that
place to be examined under the commission. On the
29th of August the investigation began, before Mr. Bar-
low, the Commissioner, and after continuing for four or
five days an arrangement was entered into. In con
sequence of that arrangement, the title-deeds of
the plaintiff were delivered up. It was to set aside
this arrangement that the present proceeding had been
instituted. In the first instance an action of trover sea;
brought against the persons with whom the title deeds
had been deposited, but those gentlemen, who had no
interest whatever in the matter, applied to the Court for
a rule under the Interpleader Act, by which the persons
who %sere really interested in the matter were brought
into court to litigate the matter with the plaintiff, and
an issue was framed, with a view to try whether, not-
withstanding the arrangement, the plaintiff was not en-
titled to the absolute and uncontrolled possession of the
title deeds of what was undoubtedly her property. That
she was entitled to them, he thought the jurors would
entertain no doubt. The consent she had given to this
arrangement was not a free and voluntary consent. She
was under duress, which the existence of restraint and
the fear of continued abode in a lunatic asylum imposed
upon her. Under such circumstances, the law did not
allow a consent to be binding on the unfortunate party
from whom, by such means, it had been extracted. To
render valid any arrangement, freedom of consent to its
creation was necessary, and if it was created under cir-
cumstances which showed that the party acceding to it
was not free, the law would relieve the party from it.
Mr. WATSON (with whom was Mr. MANISTY) for the
defendants, here said that almost all, if not quite all, the
facts were incapable of dispute, and the question was
one of law as to the effect of them. Here the arrange-
ment wes entered into during the continuance of the in-
quisition before the Commissioners, and had been signed
by two Learned Counsel who represented the different
parties. The plaintiff had been at her own home all the
previous night. The issue here was, whether the plain-
tiff was entitled, notwithstanding the arrangement, to
the possession of the title-deeds, and was not a question
as to whether that arrangement had or had not been ex-
ecuted under circumstances of duress. The issue did
not in form impeach the arrangement.
Mr. Justice ERLE—Your argument is, that the ar-
rangement is to be assumed to be valid in itself. Then
you want to know whether, notwithstanding this ar-
rangement, the plaintiff is not entitled to the possession
of the deeds. Is not that your point ?
Mr. WATSON answered in the affirmative, and ob-
served that the other side had opened a question of
duress, but that question did not properly
.arise on the
issue as now framed, and the fact of duress, tf it existed
at all, wan answered by the other fact, that the ar-
rangement was made by the plaintiff after free com-
munication with and upon the advice of her attorney
and counsel.

Mr. Justice EaLE—Still the question will arise ; for
if they are treated as ber agents, the question is whether
the duress prevented her from properly and lawfully
constituting them her agents.
Mr. WATSON contended that that was a question not
of fact, but of law.
Mr. Cocanurese admitted that in fact the plaintiff had
consented to the arrangement, but insisted that she was
not in circumstances to give consent. She had been in
a lunatic asylum. She was brought before a Commis-
sioner ; it was true that she was allowed to go home for
the night, but it was under a promise to return the next
day, Mr. Haines, who anted for her, undertaking to
produce her ; and she did return, and was therefore
again in custody, with the influence of that custody
and her previous detention still operating on her mind.
It was agreed that the Learned Judge should take
upon his notes the circumstances that were admitted.
Mr. Justice Erie accordingly took from the statement
of Mr. Haines the following detail of the circumstances of
the case. The plaintiff was a person 69 years of age, the
defendants were her two daughters, and their two his-
bands. She was taken to a lunatic asylum on the 12:11
May, 1846. On the 19th July the plamtiff's husband
died. On the 29th July a commission in lunacy was
taken csuts Notice of executing it was given on the 22(1
of August. The plaintiff was taken to a madhouse on
the opinion of one medical man. After three days' in-
quiry had taken place on the part of the promoters of the
commission, and two days' inquiry on the part of the plain-
tiff; an arrangement was proposed between the legal
advisers of the parish; this was proposed by Mr. James.
who appeared for the commission, an adjournment took
place, the plaintiff was allowed to go home for one night,
Mr. flaines, who acted for the alleged lunatic, under-
taking to produce her on the next morning. Mr. Haines
did produce her according to the understanding. She
attended before the Commissioner and the jury,and then,
after a conference with the legal advisers, the arrange-
ment in question was made, and was signed by the
counsel en both sides.
Mr. Haines was then cross-examined by Mr. WATSON
—I had never known the plaintiff before then. I saw
her on the first day of the inquiry. Mr. Parry ap-
peared on the first and second day for my client, then
Mr. Petersdorff. On the 22d August the case on my part
of the promoters had been closed, but they talked e
witnesses in reply. The proposal had been made in the
early part of the inquiry. That proposal had been made
on the part of Mrs Cumming for the arrangement. That
was made by me without Mrs. Cumming's knowledge.
It was about the middle of the day on the 22d Sept. that
Mr. James made another proposal to Mr. Petersdorff.
That gentleman and I saw Mrs. Cummings. Her friends
Mr. and Mrs. Hutchinson, took part in the discussion
with us. We saw the parties the next morning at the
Horns, Kennington. Mr. and Mrs. Hutchinson were pre-
sent. It was agreed between Mr. James and Mr. Peters.
dorff that this arrangement should be come to. I think
that on the morning of the 23d it was discussed by me
and Mr. and Mrs. Hutchinson, and then we applied to
Mrs. Cumming, and she authorised it. The arrange-
ment would have been made on the night of the 23d, but
that the Commissioner wished to see the Lord Chancel-
lor on the subject. The matter was ratified next morn-
ing, in presence of the Commissioner, Messrs. Peters-
dorff, James, and myself were also present, likewise Mrs,
Cumming. She saw Mr. Petersdorff, for the purpose of
his explaining the reasons why he should not carry out
the arrangement.
Re-examined—ln the early part of the business I
made a proposal, which, however, they would not listen
to for a moment. I only did so because I thought she
was so ill that she could not lire through the inquiry.
She was in great tribulation, and showed the greatest
anxiety to get out. She would have consented to any-
thing in order to get out of confinement. Mr. Ince was
there, and took part in the proceedings.
Mr. Watson contended that the question of the vali-
dity of the arrangement was not now open to discussion
There was no evidence of any duress at the time tb.
arrangement was entered into.
Mr. Justice EZLE was of a different opinion. The
plaintiff was brought, on the 22d September, from a
lunatic asylum, in the ordinary Ray in which lunatics
were brought before a commissioner. On that night she
was allowed to go home. On the 23d she returned to
the same position as that in which she had originally
appeared. She was, therefore, a lunatic under confine-
ment in the presence of the jury when that arrangement
was made.
Mr. WATSON then contended that the law as to duress
did not apply to a case where a party had executed a deed
by and under the advice of attorney and counsel. The
law of duress applied cnly to a deed executed by the
party where the obligee of a bond or the releasee of
an estate, was put by the obligor, or the releasor into
restraint or custody, and by such means possession of
the deeds was obtained. All the cases showed that
there was a distinction between duress and legal impri-
sonment. A deed was not avoided by the fact that it
was executed while the party executing it was under
legal imprisonment. It was only when the party was
under illegal imprisonment, and while in that situation
executed a deed, that that deed could be impeached.
But even when the imprisonment was illegal the deed
could not be impeached, if at the time of executing
nie
t
the party was attended by an attorney and solicitor.
therefore contended
communicating with
could not now question the deed which, with their advice
hthat' her as
attorney the
plaintiff andhere solicitor,was freely
sh
and consent, she had executed.
Mr. Justice ERLE was of a different opinion. and read
a passage from Viner's Abridgement to the following
effect, that if a man is lawfully in prison, yet, if he
makes an agreement against his will, he may avoid it on
cithe ground of duress. He thought thatonthteendleedartnheadt
iinrs.el„mrlursstoaliddarceesosrdthinegjluyrydiodn
so, and
afaucdtse.
there was in fact no pretence of duress that could
excuse the plaintiff from executing her agreement. She
was with her friends, aided by her counsel and attorney,
and in the presence of the commissioner who, under the
authority of the LordCohancellor, was investigating
The
erced uld not have allowed
her condition, and wh
hertoer.be
agreementinth wo
doingh anything that was
proper one. It a perfectly
gave the plaienrteiff washer property
for life, with a
power of appointment of one-third of it
after her death, and divided the remaining two-thirds
between her two daughters, persons to whom by all the
I •
ties of nature she was bound to afford a provision. All
the property, such as jewels, &c., of which possession
had previously been taken, had been given up to the
plaintiff, and in every respect the defendants had per-
formed their part of the agreement. There was no pre-
tence, in equity or fairness, for the present claim of the

- Mr. Justice ERLE repealed the opinion he had before
expressed, and told the jury ih it au agreement derived
all its force from the mental consent of the party Who
made it. It might be valid as to externals, and yet void
in law if the mind of the party making it had not gone
along with it when made. Where there was an appa-
rent consent and an apparent execution, still if it wag
shown that it was obtained under duress, and not by the
free will of the party, the agreement would be void. His
Lordship, therefore, put this question to the jurors—
whether the plaintiff's apparent consent for Mr. Pe-
tersdorff to sign the agreement on her behalf was ob-
tained by the effect of the restraint she was under, and
without the exercise of her free will ? If the arrange•
ment had not been made the inquiry would have gone
on. The jury was empanelled, and the plaintiff knew
that a verdict must he taken. If the jurors now thought
that the plaintiff had consented to this agreement with-
out any exercise of her free will, they would find for the
plaintiff ; if they thought she had consented of her own
free will they would find for the defendants. This gees-
' tion was entirely for them.
The jury consulted for a few minutes, and then re-
turned a vertiict for the plaiutiff.

SHOCKING ACCIDENTON THE
BELGIAN RAILWAY.
NARROW ESCAPE OF THE QUEEN OF THE
BELGIANS.

The following account of a very serious accident on the
Belgian Railway is taken tr.an Galignani:—" The Ind,
pendance of Brussels, which arrived this morning, gives the
fdlowing account of an accident on the Belgian Railroad,
by which the Queen of the Belgians was placed in imminent
danger:—' The Queen left this morning to accompany his
Majesty, who is going to the baths of Wiesbaden, as far as
Verviers, and was to return at five o'clock in the evening. As
some delay was experienced at the station at Verviers, the
train which conveyed her Maje,ty proceeded at rather a
rapid rate; on arriving near the station of Ans, it was met
at the intersection of the two lines and run into by the
train which left Brussels at eleven o'clock. The concussion
was terrible. Her Majesty happily received no injury, but
several of her suite were less fortunate, and it is with regret
we state that General Chazal was severely wounded, and has,
it is said, two ribs broken, but it is stated that no fears are en.
tertained for his life. General d'llane received a con-
tusion on the head, and one of the other officers of the
palace had an arm broken. The Baronne de Stassart received
some slight bruises. Her Majesty arrived this evening at
Lacken. General Chazal was carried to Leige. This melan-
choly accident took place between two and three o'clock in
the afternoon ; a special engine was immediately sent of
with a letter from the Queen to his Majesty, who was to
pass the night at Deutz (Cologne) and who would receive
the account about seven in the evening. The Queen displayed
the greatest firmness and presence of mind, and her first care
was to inquire after the individuals composing her suite, and
those who were in the other trains. Our informant saw the
carriages of the royal train which experienced the greatest
injury, and many parts of which are literally crushed to
atoms. The escape of her Majesty was most miraculous, for
the fauteuil on which she was sitting was much damaged.
In giving this account, we cannot retrain from again express-
ing our astonishment that the legislative bodies of the
different countries in which there are railroads do not
adopt more severe precautionary measures against
offences—we will not call them accidents—of this sort.
Collisions would be almost impossible, if proper regulations
as to the hours of starting were enforced. Sine-tenths of
the accidents, as they are called, on railroads, are not acci-
dental, in the true meaning of the word; they are the result
of the negligence of the persons employed, and this will be
the case so long as the directors are not made personally re-
sponsible for the conduct of the agents whom they em-
ploy. It is not sufficient to punish with imprisonment
the subordinates, who are the immediate authors of these
calamities, or to inflict fines upon directors, which come
from the pockets of the shareholders, who are rather to be
pitied than blamed. The directors of railroads should be
taught that they have something else to do than get up
companies, and receive salaries for sitting at a board and
exercising patronage. They should be compelled in turn
to inspect and verify the regulations, and be made to feel
that tor any casualty arising from causes which their con-
stant and close attention could have prevented, they will
have to pay a severe penalty. If this were done, we should
have no more collisions, or they would be of very rare occur-
rence indeed.
NAVAL INTELLIGENCE.

PORTSMOUTN, MAY 14.—The Driver steam-sloop, Com-
mander C. 0. Hayes, arrived at Spithead this afternoon from
New Zealand and Rio, having left the former place on the
28th of January and the latter on the 27th of March.

The Driver was commissioned on the 30th of August, 1841,
since which period she has been employed on the East India
and China station, until September, 1845, when she was
ordered to New Zealand, having been employed on that sta-
tion upwards of twelve months, performing must valuable and
important services. She has been in commission longer than
any vessel since the peace, surveying vessels perhaps ex-
cepted, and is the first steam-vessel that has circumnavigated
the globe.
She sailed from Auckland, New Zealand, on the after-
noon of the 28th of January, having been relieved by the Im•
flexible steam-sloop, Commander Hoseason, on the 25th. She
arrived off the entrance of the Straits of Magellan on the 2d
of March, but thick hazy weather prevented her attempting
them, so she bore up and steamed round Cape Horn, being
only 35 days from New Zealand. She arrived at Rio on th*
22d of March, at which time the Satellite, 18, Commander
Rowley, was beating out round to the river Plate. The Cure-
, a, 24, Captain Broughton, was at anchor, expecting
relief daily. The Driver completed coal and water, and
sailed from Rio on the 27th of March. During her passage
home she had four deaths, namely, Mr. J. G. flops, late
master of the Racehorse, on the 12th of February ;
Mr. Goodman, late carpenter of the Racehorse, on the sth
of March, from the bursting of a blood. vessel ; James Bath-
way, stoker of the Driver, tound dead under his mess table
on the afternoon of the 9th of April, of apoplexy ; James
Cooker, seaman of the Driver, on the Ist of April, from
locked jaw, occasioned by a wound received in the foot when
assisting in turning the wheels of the engine whilst at Rio.
The Driver has lost 32 men by death and 47 by invaliding
during the period of her commission ; many of the latter
died on their passage home from China. She has gon• over
a distance of 75.696 miles. Commander Maxwell Falcon.

late First Lieutenant of the Castor, came home passenger.
She brings home invalids from the Castor, 26, Captain Gra-
ham ; Calliope, 26, Captain Stanley ; Racehorse, 18, Com-
tnander Sotheby ; and the Inflexible. At the time of her
departure the Calliope and Racehorse were at Wellington,
the Castor and Inflexible at Auckland. The only officers
who left England in the Driver and returned in her are—the
First Lieutenant, Master, Surgeon, and Pureer. She came
into harbour this evening to replenish fuel, prior to going to
the eastward to be paid off. We give the news of New Zea-
land, &c., in another place. M. Leon, a Brazilian naval
officer, has come in her to join the British navy.
Retired Rear-Admiral John Fordyce Maples, C. 8., died
on the 12th inst., at Kilburn Priory, aged 79. The services
of the gallant deceased are thus recorded in the New Aar!
List :—Was midshipman of the Penelope at the capture of a
French corvette and of the French frigate Inconstante, 1793 ;
and Lieutenant of the Magicienne at the reduction of Port-
au-Prince, 1794; in the same ship at the capture of several
large privateers and French corvette Cerf Volant, 1796 ; and
in 1797 commanded her boats in cutting out two privateers
at Porto Rico. Was senior Lieutenant at the capture and
destruction of vessels and guns in the harbour of Cape Roxo,
and in the same year boarded and brought out a sloop from
under the batteries of Tiberoon, and performed other services
equally important in the two following years. Served as a
volunteer at Copenhagen, 1801 ; and was senior Lieutenant
of the Naiad at Trafalgar. Commanded the Etna bomb at
the defence of Isle de Leon, 1810 ; and, in command of the
Pelican, captured the United States' 20-gun brig Argus,
1813. Gazetted, 1797, 1813. His commissions bear date:—
Lieutenant, May, 1794 ; Commander, October, 1810 ; Cap-
tain, August, 1813; Retired Rear-Admiral, let of October,
1846.

An extract from a letter received from the Adventure

naval transport, Mr. Tozer, master commanding, lying—at
Kenmare, Ireland, as a provision depot, states that a large
boat, with a crew of nine persons, was sent to the ship from
the shore on the 12th ult. for some Indian meal, into which
were placed 45 casks, and that on returning to the shore,
when about a mile and a half from the ship, she filled
and sank. The accident being observed from the ship, a
boat was instantly manned and dispatched to render assist-
ance, and six out of the nine were rescued from a watery
grave and conveyed to Kenmare, but the other three were
drowned.

LLOYD'S SHIPPING.

and tine.
Casaib, Heaton,
Loin" MAY 15.—Wind S. by W., light pleasant biome
DEAL, MAY 14.—Wind S.W.—Arrd.
Taylor,
Clio, Mules, Barbadoes •
Bahia; Naiad, Rose, Antigua ; ,
Princess Victoria, New Orleans; Emil and Johanna, Dram,
China ; Royal Sovereign, Breary, Calcutta ; Helen,
for Rouen, with loss of bowsprit, and bows damaged, from
contact with a barque; Fraduens Minde, St. Croix for
Copenhagen. Sld. Thomas Blythe, Mauritius ; Spheroid,
St. Vincent; Charles Brooke, St. Vincent; Caroline T 3 ler,
Jamaica. Arrd. from the River, Hector and Highbury ,
Jamaica.
DOVER, MAY 14.—Wind W.S.W.—Arrd. Steadfast, Disney ,
Oratavia. Off port, Mary Ann, Hend, rsnn, Popo.
PORTSMORTII, MAY 14—Wind W.S.W.—Arrd. her Ma-
jestv's steamer Driver, New Zealand, left 28th January, Rio
Janiero, 27th March. Sid. Sappho, Canton.
LivEarooL, MAY 14,—W ind S.W., moderate.—Arrd.
Iligginson, Hogg, Barbadoes ; Goverrair :Smith, St. Do-
mingo ; Manchester, Brown, New Orleans ; Edward Ban-
stead, Arnold, do. ; Broom, White, do. ; Erin's Queen, David-
son, do. ; Commodore, Pritchard, Mobile ; Switzerland,
Nicholson, Baltimore ; Charles Sanders, Wilmington. Oft
port, Queen Isabel, Caledonia, Enterprise, Joseph Christall,
Rockshire, and Syria. Sld. Siberia, New
Quebec The Zephyr,
St. John's, New Brunswick ; Asia,
1 ork ; Margaret,
at Savanilla on the 30th ofMarch,
and remained, but would be got o
for this port, got on shore
The Mary, Pleasants,off.
New Orleans, to this
sisippi on the 17th ult. rF
ult.,e C
at the S.W. pass of the Mis-
port, was seen on the 19thrt,rewmasohoz the Bar of the Ms-
from New Orleans to thiahpo
WATERFORD, MAY 13.—Wm •W. to S.S.W—Arrd.
Florence, Choate, New Orleans.
Orr 1, or, ' KERTONE, MAY 14.—Rattler, Goldsmith, Hobart
Town, sailed Jan. 20.
at T
Launceston; 14.-I.—W in d
PLYMoUrIi, MAT 14.—Wind S.W.—Arrd. Helena Catha-
rine, Knudson, Porto Cabello.
SGArua”rdfiraens,ll Patagonia;breeze
Winchester,ODuirulill'ig
Narraganset, New York.
Cattx, MAY 12.—Wind S. to S.W.—Arrd. Reindeer, Tin-
dall, Pernambuco ; Kathleen, Pettvgrove, Philadelphia ;
Andrew Ring, Franklin, New York: Sid. Principe, Radili,
New .York. A barque, painted black outside and yellow
inside, female figure head, house on deck, apparently timber
laden, waterlogged and abandoned, was passed, Bth inst.,
lat. 52, lon. 12, by the Andrew Ring, arrived here.
BRISTOL, MAY 14. —Wind S.W.—Arrd. Adelaide, Tobago.
CLYDE, MAY 13.—Wind N. W.—Arrd. Nina, Gillies, Ber-
bice. Sld. Jamaica, Barbadoes. 12th, Augustus Julius,
Aux Caves. 13th, Hudson, New York; Charlotte, Quebec.
DUBLIN, MAY 13.—Wind S.—Arrd. Mary Louise, Camp-
bell, Demerara.
DUBLIN, MAY 13.—A barque of about 500 tons, apps.
rently timber laden, with loss of fore and main masts, and
' part of stern and decks burnt, was passed waterlogged and
abandoned, sth inst., lat. 42, long. 10, by the Happy Return,
arrived here.
c MAT 12.—S1d. Louisa, M'Rinlay, Quebec ;
AciERIK
h'lsmahMo'rrell, Quebec; Agnes Kaig, Jameson, Quebec.
T or/, MAY B.—Sld. Orion, Broadrib, Bahia.
...ILO
MAY 12.—Arrd. Little Pet, Tregarthen, Porto
'DUBLIN,
Rico. Sid. Eagle, Pattiscn, Quebec.
' CLYDE MAY 11.—Sld. Verona, Voss, New York ; Bar-
' rington, CLYDE,
[ Orr TORQUAY, MAY 13.—Republic, Landis, Baltimore.
i OFF FALMOUTIE, MAY 13.—Ceres, Hodge, New Orleans.
Ponrsmourx, MAY 14.—The wreck of *vessel, supposed
of a schooner of about 180 tons, waterlogged and abandoned,
with only bowsprit standing, inside of stern painted white,
t was passed 7th inst., lat. 41, long. 22, by her Majesty's
steamer, Driver, arrived here.