The Sun.
London, England, 1840-12-03 00:00:00

THE SUN, LON DON, THURSDAY, DECEMBER 31 1840.

CHELMSFORD QUARTER. SES-

SION S JEDNESDAY.

NIPORTANT CONVICTION BY THE EAST-
ERN COUNTIES' RAILWAY COMPANY.

( Before the Cupaammst and a full Bench of Magistrates.)
Josiah Thorrologood, a p'rson described as an auc-
tioneer, was indicted for having or the night of the .22d
of Septeruh2r last, wantonly and mischievously entered
upon the Eastern Counties' Railvay at Brantwood, iu
the county of Essex, and there having twned on and ap-
plied the steam to a certain engine of the Company,
and put it into motion, without any control or guidance,
and caused it to proceed along the line of the Railway,
whereby the lives of her Majesty's subjects were endan-
gered. There were several other counts stating the
offence in different ways. The defendant pleaded not

Mr. James, who came down specially for the Eastern
Counties' Railway Company, stated, that this indict-
ment, though of a novel description, was one which he
thought the Company would have neglected their duty
to the public had they not instituted. The offence was
one which there could be no doubt amounted to a mis-
demeanor at common law ; any act done by a party
caleu:ated to endanger the lives of her Majesty's sub-
jects amounted to such an offence, and the Learned
Counsel then cited various cases and authorities
from which it appeared the keeping of gunpowder mills,
from the mere liability of danger to the neighbourhood,

was a nuisance, and indictable as a misdemeanour
and another case arose from Ist Russell on Crimes, in
which it appeared that a man had been indicted for al-
lowing a mastiff, which was known to be of a ferocious
disposition, to be at large in the public streets ; and
upon the principle to be derived from this and various
other authorities, into which Mr. James went at some
►ength, it appeared that this offence, if proved, was in-
dictable. The facts of the case, as stated by the
Learned Counsel, appeared to be these :—That be-
tween twelve and one o'clock on the morning of the 22d
of September, one of the engines which had during
the evening come down from London with the train,
was "scotched," as it was termed, and made stationary
at the terminus at Brentwood, but sufficient steam was
lett in the machine to propel it if turned on. The men
in the night were alarmed by a whistle proceeding from
the engine, and on going to the spot found it proceeding,
very fortunately, in the contrary direction to Londo❑ ;
but it had come into collision, and had dashed to pieces
a horse carriage and a coal truck, and these had
impeded its course. The prisoner, who had evidently
been thrown from the engine by the collision, was found
upon his hands and knees upon the line of railway, and
upon being questioned as to the right he had to be there,
and what he had been doing, he said " that he had tried
to raverse the engine ;" the effect of which would have
been that it would have proceeded at a frightful rapi-
dity towards London, and must have caused, as the
Learned Counsel stated, most serious loss of lives ; for
at that time between 20 or 30 men were at work at the
very spot that it must have passed. Mr. James went
on to state that the Company were at a loss to imagine
what motive, besides the most mischievous and wicked
one, could have induced this act upon the part of the
prisoner. The Railway Companies had quite sufficient
to do by the exercise of the greatest skill and foresight
to prevent accidents, which are to a certain extent,
where so vast a power as steam is applied, inevitable,
but it was too bad they should also bear the odium of
every wicked attempt to increase the dangers which are
attendant upon such acts as these.
It appeared by the evidence that at the distance of
two miles-and-a-half from the spot where the engine was
set in motion by the prisoner there were a gang of from
thirty to forty men at work, and the witnesses, whose
duty it is to attend the engines, deposed that after the
prisoner had turned the valve of the engine and applied
the steam, it would have, had it not been impeded by
the collision, proceeded to that spot at the rate of
fifty miles an hour, and must have killed many
of the workmen, the night being a very dark
one, and the men being engaged on the rail on which
the engiae would have run. When the prisoner was
apprehended he appeared, as the witnesses described it,
either to have been stunned by his fall from the carriage,
or to have been intoxicated ; but he must, at all events,
have had a most narrow escape from being killed.
The case was summed up by the Chairman, and the
Jury, after a very little hesitation, returned a verdict
of Guilty.
Mr. James wished the Court to be informed that it

was not the desire of the Company to press for a severe
punishment upon the prisoner, but that they must have
their property protected from wanton acts of this kind,
and that some punishment must, for the sake of ex-
ample, be inflicted for such an offence.
The COURT then intimated that they had intended
to pass a much more severe sentence, but that, in con-
sequence of the intercession of counsel, they should
award that the prisoner be imprisoned in the :public
gaol of the county for six calendar months, and at the ex-
piration of that period pay a fine of 5/. to the Queen.
This case appeared to excite considerable interest in
the county. The prisoner was apparently a respectable
man, and it was said by persons in the Court that he
must have been intoxicated at the time be committed
the act.

KINGSTON PETTY SESSIONS

(Before Sir R. FREDERICK, Bart., Captain ROBERTS,
R. SIIARPE, ESQ., and Colonel SPICER.)
Mr. Edward Sheffield attended before the •Bench to
answer an information laid against hint under the Game
Act, charging him with trespassing upon land in the oc-
cupation of his Royal Highness Adolphus Frederick
Duke of Cambridge, in pursuit of game, contrary to the
statute, &c.
The defendant pleaded not guilty.
Arthur Dunford, gamekeeper to his Royal Highness,
deposed, that about four o'clock in the afternoon of the
sth November, he was in a wood, called Coombe Wood,
belonging to the Duke of Cambridge, when he met the
defendant and another person. They had a gun each,
and three setters accompanied them. He had heard
the report of a gun a short time before, and he had no
doubt one of the parties shot it off, but he did not see
either of them shoot. He asked the defendant and his
companion if they were aware that they were trespassing
upon his Royal Highness's land, and they said they were
not. He had, however, seen them there before, and he
thought they must knew it.
The Bench asked the defendant what explanation he
had to give upon the subject ?
He replied that he was not in the wood at all, but
was in the path when the K-eper came up. The fact
was, he said, that his friend had brought a young dog
out to try, and a gun was fired and the dog ran into the
wood, and fearing they should lose him, his friend went
to the side of the wood and whistled hint out, and the
Keeper came up at the same moment. He denied
that they were looking for game, or that they were it,
the wood.
The Keeper, in answer to questions from the Attgi-
strate, explained the position of the defendant, and said
he had no doubt that he and his companion were both
beating for game in the wood.
A friend of the defendant here stepped forward, and
said that be accompanied hint to Wimbledon Common
to shoot snipes, and was quite sure he did not go
into the wood.
Captain ROBERTS told the witness that he was not
perhaps aware that the whole of the common was the
estate of the Noble Duke, and it had been called
Coombe Wood for hundreds of years. His Royal
Highnesi was much annoyed by trespassers, and the
keepers had great difficulty in detecting them, and the)
had done very right in bringing the present case before
the Bench.
The Bench then consulted together, and Sir Richard
Frederick expressed the opinion of the Magistrates to
be that the offence was proved.
The defendant said he had erred through inadvert-
ance, and he hoped the Magistrates would only itifixt
light penalty.
He was then fined twenty shillings and costs.
A person named Molly, who accompanied the
former defendant upon the occasion in question. was
then charged upon another infornition with the same

offence.
Arthur Dunford, the gamekeeper, was again sum•
m end. He repeated the testimony he give in the for-
mer case, and identified the defendant as being also
present in the wood.
The Bench inflicted the same fine as in the farmer
instances, and both flues and costs were immediately
paid, and the parties retired.

worth of watch glasses, and he desired him to tell
Cleveley to be sure to wait for him. He then went away,
and Clevelay, upon being inform2d of his intention to
return, expressed regret at it, as he wanted to go on
with his work. Barrett called two or three times after-
wards at the house, but witness never had the curiosity
to look at the contents of the bag

Charlotte Wilkin3on, of Wood's-buildings, White-
chapel-road, stated, that in cons-quence of a few words
with her husband she went to Sarah Hihbert's hote:e
and remained there a day and a night. She saw Barrett
give some money and a ring to Hibbert ; and heard him
desire her to make a little money of the ring, and the
latter pawned it for 3s.
A pawnbroker produced a ring which had been
pledged at his shop for 3s. on the 24th of September by
a woman.
Mr. Massey identified the ring as one which had
been stolen from his shop on the night of the robbery.
It was a chrysolite stone.
Wm. Clay (278 K division) stated that about six
weeks ago he was in search of Barrett and Hilbert for
two other robberies. After a week he succeeded in
apprehending Hibbert. She went to a drawer, took out
some duplicates, and was about to throw them in the
fire, when he seized and prevented hcr. One of the
duplicates was for the ring which had been stolen from
Mr. Massey.
Sergeant Power stated that, having been informed
that a robbery had been committed at Mr. Massey's,
by Barrett, and that Cleveley knew of it, he went to the
latter, and spoke to him on the subject. Cleveley said
it was
further hard
conversation,to t urn round
accompaniedupo witness in search of
upon pall, and after some
Barrett all over London, but without success. Cleveley
was subsequently charged before the Lord Mayor, and
witness learned that Hibbert was in the House of Cor-
rection, and that Barrett was at Bath, and he took the
necessary steps relative to both. Barrett, although as-
sured that anything he should say might be used against
him, confessed the robbery to witness and Mr. Massey.
He said that he concealed himself on the stairs, and
when the house was shut, he got into the shop by break-
ing a square of glass. He then took a chronometer and
two small time-pieces, several silver watches, gold and sil-
ver pencil cases, brooches, and ladies and gentlemen's
rings. Athought struck him that he would not take them,
but he determined otherwise. He then found that hecould
not get out. He however found a file, and he con-
trived to get away three screws from the lock, but even
then he could not get out, upon which he broke the
lock, and succeeded in escaping with the property, which
he took to his lodging at the corner of Mitre•square,
in the Minories, and afterwards to the lodgings of
Cleveley, who he declared was innocent of all knowledge
of the transaction. He then confessed that he had
disposed of the property in the following manner :
He took the silver watches into Petticoat-lane,
and sold them to a Jew for 2/. He afterwards
sold to the same person the pencil cases and much more
of the jewellery for ten shillings, and he finally put the
chronometer, which cost thirty-five guineas, and other
articles into the hands of a Jew, who told him that
they were stopped, and that nothing could be got for
them. With respect to Hibbert, witness learned from
that prisoner, in the House of Correction, that Bar-
rett had brought her into the business, and that be had
threatened to thrust a knife into her, if she said a word
about it.
Alderman WILSON said Sergeant Power had acted
with a great dual of judgment and activity in the case,
which he perceived by the details required much cau-
tion and perseverance. He ssked Barrett whether he
wished to make any statement ?
Barrett—lt is all correct, my Lord, only that I never
threatened the woman ; and Cleveley is completely inno-
cent of the robbery. He knew nothing at all about it.
Sarah Hibbert said that she did not wish to make
any observation at all.
Cleveley solemnly asserted his innocence.
Alderman WILSON said he believed Cleveley to be in-
nocent of the robbery, but not of the receiving. The
case was a most flagrant one, and he was determined
that the three prisoners should go for trial.
Barrett, Sarah Hibbert, and Cleveley were removed.
John Yates, drayman to Messrs. Bass and Co.,
wharfingers, Great Tower-street, was on Tuesday
charged with having most dangerously assaulted several
of the first company of Grenadier Guards.
The Sergeant stated that on going along the end of
All Hallows Barking with his company towards Tower-
hill, the defendant, who was driving a dray, whipped
his horses from the middle of the street to the side
where several of the men were in single file. The men
called out to him not to crush them, but he disregarded
their entreaty, drove on the horses, and crushed some
of the men with the wheels against the wall. What
made the outrage worse was that the defendant, and
another drayman, who was sitting upon the dray,
laughed at the dangerous mischief they had been com-
mitting.
The LORD MATOR,-.IS the other drayman here?
The Sergeant.—dsle, my Lord.
The LORD MAYOR.—I am sorry for it. He deserves
to be broughut up too.
John Herbert, one of the privates, stated that he was
one of the Bank guard under the sergeant. The pri-
soner drove on his horses, and witness was pinned
between the wheel and the wall. His watch was broken
in his pocket, and his coat and trowsers were torn,
stained, and completely spoiled. He was much bruised.
There was plenty of room for the dray to pass on with-
out coming near them at all, and instead of expressing
regret, both of the men who were with the dray, laughed
at the condition in which they had placed the soldiers.
Although entreated earnestly to stop the horses, they
did not attempt to do anything of the kind, and the
sergeant was obliged to stop them.
M' Donnell, another private, who was also crushed-,
gave similar testimony. The men could not, he said,
get out of the way, they were so completely hemmed in
by the cart.
The expense of the damage amounted to upwards of 6/.
The defendant said that the occurrence was quite ac-
cidental, and he called out to the soldiers to take care
lest they should be scratched by the wheels, and stopped
his horses as soon as he could.
Mr. Hobler stated that the Guards were remarkable
for making as little impediment as possible in the streets
of the City, and exercised upon all occasions remarkable
forbearance.
The LORD MAYOR—I am sorry that we have such a
ruffian to come in contact with them. He shall find
bail to appear and take his trial at the Sessions.
A person in the employment of Messrs. Bass gave the
defendant an excellent character, and subsequently Mr.
Bass went to the Justice-room to say that he was wil-
ling to have the affair compromised. The Lord Mayor,
however, said that such a fellow must be prosecuted.
Yesterday the Sergeant of the Guards appeared be-
fore Alderman Wilson, and stated that his commanding
officer directed him to state to the Lord Mayor that
in consequence of an application on behalf of the dray-
man there was no disposition to proceed further in the
matter, upon the defendant's payment of half of the da.
(nage done to the men's clothes, and some remuneration
to those who had been hurt.
Alderman WILSON said that the soldiers had mani-
fested very great kindness on an occasion where heavy
punishment was certainly due, and ordered that the
drayman should be liberated upon his own recognizances
after full satisfaction was made to the complainants.

GUILDHALL.
Two ruffianly-looking fellows, named William Wea-
ver and Timothy .Barnes. were charged, before Mr.
Alderman White, with the following daring assault
and attempt at robbery :
Elizabeth Moore, a respectable married female,
stated that she was passing down Long-lane, Smith-
field, on the previous evening, when she found the pri-
honer Weaver's hand in her pocket, and on turning
round, and taxing
him with attempting to rob her, he
struck her a violent blow on the head, which brought
tier to the ground. Another person was along with
him, whom she thought was the prisoner Barnes, but
of his identity she could not speak positively. Both
parties ran
awaY and the witness having informed her
husband,information of the outrage was given to the
police, When
tii,l prisoners were soon after taken into
custody in Smithfield.
City Policeman, '''34, said that having received infor-
oration from the last witness's husband, he took the pri-
soners into custody. On Weaver he found a Macintosh
cloak, one side
of which was white and the other dark.
Immediately after committing a robbery be would
change the outside of the cloak, and thus make it the
more difficult to identify him- lie knew both the pri-
soners to be bad characters.
Mr. Ald. WHITE sentenced Weaver to three months'
imprisonment in the House of Correction and discharged
1 Barnes.

THE BRIGANI) 6F THE
PYRENEES.

candles had just .1=4,--- ---
(From the Gazette des Tribunaux.)
Foix Nov. 20. Eight P. +t.
The Court of Assize was sitting, the lamps and wax
heard to exclaim
the utmost serenity, when, all of a sudden, a noise is heard
from without, Occasioned by the rumbling of a carriage,
been lighted, and a trial was going on with
escorted by a detachment of cavalry, and the murmurs of
the crowd. In the midst of this tumult son'e voices are
" It is Tragine 1 it is Tragine !
,Court becomes almost deserted, the staircales invaded
by the public, the Witnesses lei r
leave the waitiang-rm,
llethd
e
counsel fly to the windows, and the Judges re compe" The
to suspend the sitting for half an hour.
The Court of the Palais de Justice, at Foix, is situated
at the foot of the famous roc de Fouich (rock of
Foix),
upon which is constructed the treble castle of the' ancieet
nobles and counts of Foix, which is now transformed into
a Hall of Justice. The road which winds around that
enormous rock ends at that point, and it is there that the
carriage which conveyed Tragine must hav
p e
t sthopped. agms. it
is necessary to ascend on foot by a rugged a:. frae
was bound with irons to the carriage. During the whole
time that was required in order to loosen his fetters and to
take the necessary precautions in order to conduct him to
the prison, the dense crowd which had gained access tot he
Court-yard compelled the gendarmerie to fall lack upon
the carriage. The population of Foix, being seized with
a sort of respect at the sight of Tragine, who for the last
three years had escaped the hands of justice and spread
terror throughout the country, preserved a decorous sdence.

Tragine slowly ascended the rock, and he was soon out of
the gaze of the crowd. The carriage disappeared, and in
a fees minutes order having been restored, the Court pro-
ceeded with the business of the day.
The following is the information which we have been
enabled to gather on this important capture. For some
days orders had been given to the troops that were spe-
cially charged with the arrest of Tragine to spread the
rumour that they were to fire upon him as soo❑ as he was
perceived. This means of intimidation produced its effect
Tragine's confederates having given him notice of what
was to be done, he was on his guard, and left the country
However, his retrea: continued to be ignored.
What the agents of the public force could not do openly
was attempted by stratagem. It was thought at the Pre-
fecture that it was necessary to lay a trap for the brigand,
and overtures for that purpese were made to different
Mayors of the arrondissement. In short, the Mayor I
Larcat, in the Canton of Cabannes, yielded and consented
to assist the superior authorities by every means in his
power, but before he accepted the mission to arrest the
brigand he refused the reward of 1,000 francs which the
Prefect had placed at his disposal.
The Mayor of the commune of Larcat, M. Joule, is a
man about thirty-five years of age, powerful, intelligent.
and tall ; be is capable of being personally pitted against
Tragine, if he could find him unarmed ; which is a difficult
matter. M. Joule goes ahaut into public places, speaks o
Tragine as a man of courage and remarkable for his skill.
He says that his misfortunes have made him go mad ; that
he must either return to Spain or the Andorras ; and that
he is wrong not to accede to his advice. Oa these words
being uttered a bystander observes that he must have a
passport, and that no Mayor would deliver him one. The
Mayor of Larcat replies, that among the number of
Mayors one might be found ; and that it was only neces-
sary to give oneself a little trouble to find him out. On
the 17th of November a man who was known to the Mayor
of Larcat came to his house, and informs; him that an in-
dividual on the part of Tragine has come to ask him (the
Mayor) for a passport for Spain, and that he has at the
same time to make him a present of 300 francs. M. Joule at
first refuses; but, as the individual has been requested to
press the matter, M. Joule accedes, on condition of the
payment of 500 francs, and that he is to have an interview
with Tragine, in order to be enabled the better to take
down a description of his person.
The interview having been accepted, a country house was
named, in the environs of Foix. At the appointed hour
the Mayor is at his post, not so Tragine. However, in a
few minutes Tragine's wife arrives with her son ; she
apologises for her husband, who has requested her to re-
ceive the passport, and to give every information respect-
ing the description of his person. Sho only brings 400
francs. M. Joule promises to be satisfied with the 400
francs, and remits the drawing up of the passport to
Thursday, the 19th of November, at his own residence.
" Between this and then," said he, " I shall obtain the
necessary document. I shall have the passport quite
ready, and shall have only to complete the description
cf the person." Tragine's wife withdraws, and in two
days afterwards her husband was at a private house
in the commune of Larcat. He sends for the ),layor,
but M. Joule refuses to draw out the passport
in presence of witnesses who might compromise
him ; besides, the seal of office is requisite, which is at his
own house. Tragine, it must be admitted, though of a
coarse but penetrating disposition, appeared to have some
doubts that a trap was laid; he hesitated at first, and then
refused. The Mayor of Larcat was extremely embarrassed
to know in what way he could cempletely win over the
confidence of Tragine. "If you have confidence in me
come to my house," said he to him ; " if not, take your
money and withdraw." Tragine made no reply ; he was
at a window,leaning with both hands on his double-barrelled
carbine, and he had his other arms in his waistband. M.
Joule approached him, and tapping him on the shoulder,
he renewed the request for him to come to his house.
Tragine whose features are slightly contracted, replies by
a nod in the affirmative. M. Joule leaves, closely followed
by Tragine.
Having reached his cabinet, M. Joule sets himself at
his desk, and Tragine is placed opposite to him. The
affair commences, and Tragine assumes confidence.
" What height are you? Lay down your carbine, and hold
yourself upright." Tragine obeys, draws himself up, and
stands like a soldier without arms. The mayor places
himself at his side, and measuring himself with Tragine,
he settles the height of the latter. Having done this, he
places himself opposite the brigand, and steadfastly looking
at him, says, " What colour are your eyes ?" Tragine
retains the same attitude, and opens his large eyes. " Very
well ! " adds the mayor of Larcat; at the same monier.t be
seizes Tragine and encircles both his arms and body by
his powerful arms, exclaiming, " You are arrested 1 help,
my friends I "
On these words Tragine is furious, and wishes to resort
to Isis carbine, but he has to do with a man who is as pow-
erful as himself. Both the Mayor and the brigand fall
down. Tragine wishes to get hold of his pistols, which
are in his waistband, but M. Joule holds him with such ex-
traordinary strength that Tragine is paralyzed.
From the first moment of the contest two men who were
placed by the Mayor in an adjoining apartment came to
his assistance; one had taken possession of the carbine,
and the other was prepared with cords to bind the pri-
soner. A few minutes afterwards several persons arrived
in order to insure the arrest and watch over the custody of
the brigand. Whilst one estafette was despatched to com-
municate the intelligence to the Prefect and to the Pro-
cureur du Roi of Foix, and then gave notice to the
brigade of Gendarmerie of the canton of Cabannes. Tra-
gine, having been deprived of the possibility of making the
slightest resistance was sent to Foix in a carriage, escorted
by two brigades of gendarmerie. Two gendarmes were
seated on each side of him in the carriage. No doubt it
was the formality of this cortege passing through the
streets of Foix that caused Tragine's arrest to be disco-
, vered, and which brought the people en masse to the
Palais de Justice.
Tragine, on reaching the prison, was incarcerated in a
cell, and his feet were fettered.
Tragine's countenance is pale and regular. His eyes
are large, quick, and even with his head ; and his aims
and legs display strong muscle. From Larcat to Foix he
spoke little. He appeared as much fatigued from the con-
test he had undergone as from the position which he was
constrained to maintain in the carriage.