The Sun.
London, England, 1846-07-14 00:00:00

SOUTH LANCASHIRE.

➢lr. William Brown will not be opposed in contesting the
seat rendered vacant by the raising of Lord Francis Egerton
to the Upper House as Lord Ellesmere. The free-traders of
South Lancashire will return him as the colleague of Mr.
Entwisle.
The nomination is fixed for the 21st inst., at Newton.

OXFORD.
In consequence of Mr. Maclean, the Member for Oxford,
having been made a bankrupt, that city has virtually but one
Member to represent it. Under these circumstances it is ex-
pected that should not Mr. Maclean resign the important
trust confided to him immediately, a meeting of the electors
will be held for the purpose of requesting him to do so. Great
dissatisfaction is felt by the Conservative party at the humi-
liating position they are placed in, and we have no doubt but
that the greater portion of them will join the Liberals in call-
ing upon the Honourable Gentleman to resign ; in the event
of his doing so, it is rumoured that a requisition will be pre-
sented to a gentleman residing at Oxford, who from his
thorough business habits and general intelligence, has long
been thought by a portion of the constituency a proper per-
son to represent this ancient borough.

PLYMOUTH.
RETURN OF LORD EBRINGTON.
SATURDAY NIGHT.—The polling commenced this morn-
ing, Lord Ebrington led from the first, and hour after hour
increased his majority. At the close of the poll the num-
bers were—
Ebrington
Vincent

PERTII.
RETURN OF MR. FOX MAULS.
PERTH, JULY 11, 1846.—Mr. Fox Maule was to •day re-
elected for the borough of Perth without apposition.
A. D. GIIEIG, Esq., proposed, and Bailie CLUNIE seconded
the nomination.

Mr. Fox MA= then shortly addressed the electors,
assuring them of the intentions of the Government with
which he was connected to persevere in the footsteps of com-
mercial and general reform.

MEETING OF lII.ONMASTERS AT DUDLEY.—DUDLEY,
SATURDAY.-This evening the last of the quarterly meetings
cf masters in this district took place at Smith's Hotel, in tins
town, at which the prices agreed to at Birmingham were
ioritirmed. The iron trade of this district is now in a very
prosperous state, and is likely to continue so for some length
bf time. Many heavy orders have been given during the
week at the various meeting!_=, which have been held for iron,
particularly for pig, for which kind alone orders were received
for about 25,000 tons. Under these circumstances no reduc-
tion may be expected for the present.

Her ilajesty's proclamation against vice and immorality
was read by Mr. Pritchard, clerk of arraigns.
Silence then being proclaimed by the crier, his Lordship
addressed the grand jury.
Gentlemen of the grand jury,—l am happy again to have
the pleasure and honour of addressing you, although I must
confess there is nothing in the nature of the calendar before
me upon which I have to offer you any congratulation. In
the table just pUblisited by the authorities of the Home
Office upon the state of crime throughout the country it is
stated that there has been a decrease in the number of crimes
committed generally, and that in the last year there has been
a great decrease in the number of commitments within the
county of York. lam sorry to observe it is not so on this
occasion, for the number is greater than it was at the as-
sizes at this period last year. Neither is there anything very
encouraging in the character of the offences with which the
prisoners are to-day charged. Certainly last Summer Assizes
there were menyAketek-*;erge*:4-Sptegegel-r
there are but five, nor hey u. e a toos a a-
scription ; yet it is to be regretted that there are nine of man-
slaughter this assize, in a brutal, savage manner, too often
resorted to in this and the adjoining western county, by
means of fighting up and down, and kicking a man, when
down on the ground and helpless, with heavy or armed
shoes, a cruel and unmanly practice, only to be exceeded by
an attack with a deadly instrument. There are but too
many cases of violent attempts against young unprotected
women. In one case four men are charged with the offence,
in which it must be obvious that it is quite impossible and
hopeless that a young female, by anything she could do, should
be able to offer any effectual resistance to the completion of
the offence, when assailed by a combined attack of four men.
There appears to be nothing complicated in these cases, only
it should not be overlooked by you, that when several per-
sons are in confinement, charged with being engaged in the
same offence, what one may say to criminate the other will
alone be no evidence of the guilt of his comrade. There
are two cases of murder on the calendar, the first by a father
of his child. It did happen that on the inquiry before the
coroner the evidence of the prisoner's wife was admitted
against him. Such evidence is, by our law, inadmissible, and
you, gentlemen, will not suffer it to weigh with you when
the bill of indictment is submitted to you, and will see that

the charge is supported by other evidence before you find a
bill under such circumstances. In the other case, Robert
Knowison is charged with the wilful murder of his father,
in which there is but too much reason to believe, from his
previous conduct, that the prisoner laboured under insanity.
If there are circumstances which manifest that the prisoner
was so insane, of course you will do well to find no bill. If
you doubt the evidence on that point, you will best consult
the interests of justice by presenting the bill to the petty
jury, and if the prisoner be found not guilty on the ground
of insanity, then the law will find means to protect
society from danger by providing for the continued
imprisonment of the prisoner as an insane person. The case
of Collins is happily the only one of incendiarism or arson
in the calendar. There is, I believe, no evidence of his
guilt except that which is supplied by his own testimony,
and you will do well to see if that sort of evidence is corro-
borated by other credible evidence before you find a bill.
The case of Mary Chapman is singular. She is charged with
manslaughter. I may not perhaps have all the depositions
taken before the magistrates in this case; but if I have I
must confess I am surprised to find her here on such a charge
as manslaughter. She appears to have been called in at a
labour. The woman she attended was very ill, and the case
one of difficulty. The woman was delivered with some as-
sistance, but subsequently she died. It does not appear
there was any gross rashness or gross negligence in the pri-
soner's treatment of the deceased; and as to the question
whether the prisoner was a licensed practitioner or not that
will not affect her upon a charge of manslaughter, whatever
its effect may be as to subjecting an unlicensed person to
penalties. I confess, without gross rashness or negligence
being clearly proved, I think this case must fall to the
ground. The case of Martha Dulk is that of a woman
charged with exposing her infant child in the open air, with
intent to murder it. The child, it appears, was left out in a
hedge. However, it is now living, and in health, which will
dispose of the charge of felony, though not perhaps of the
misdemeanour. With the aid of these few observations I
have no doubt you will be enabled to find your way very
clearly through the cases that will be submitted to you in the
discharge of your important duty.
The grand jury then retired to their room, and soon after
appeared with bills they had found.
The calendar contains the names of 104 persons charged
with offences, of whom 76 are in custody; 2 are accused of
murder, 9 of manslaughter, 12 of rape, 1 of incendiarism, 8 of
burglary, 12 of cutting and wounding, or wounding with a
gun, 3of bigamy. The rest are charged with street robbery,
forgery, riot, felonies, and misdemeanours.
The trial of Julius Marcus Herman, admitted to bail last
assizes, on three indictments for forgery, but postponed, was
again postponed upon his application, through Mr. Sergeant
Wilkins, until to-morrow. _ _

,
His Lordship proceeded to try some forgery cases of little
or no interest.

OXFORD ClRCUlT.—Abingdon, July 11.
CROWN COURT.--(Before Mr. Sergeant GASELEE.)
David Stroud, a saddler and harness. maker, carrying on
business at Aldermaster, in this county, was indicted for
having administered iti September last noxious drugs to one
Maria Nash, who was occasionally in his service, with in-
tent to procure abortion. It appeared on the investigation
of the case, that the defendant had written a prescription
which he gave to a fellow-servant of the prosecutrix, a man
named Harris, who sent it to a druggist at Reading; that
the prosecutrix took a few of the pills which the druggist
sent back ; that the medicines mentioned in the prescription
were merely strong aperients, which, unless taken in large
quantities, could not produce abortion ; that she did not take
them in large quantities; and that a healthy child was born
in due time, and was now living. For the defendant it was
attempted to be made out that Harris, not the defendant, was
the father of the child, and that Harris and the prosecutrix
induced the defendant to write the prescription in order to
effect their own objects against him.
The jury, after a quarter of an hour's consultation, Acquit-
ted the prisoner.

He had been prosecuted by Mr. V. Lee, and defended by
Mr. Carrington and Mr. Pigott.
MUADER.—Sarah Wickens, aged 23, was indicted for the
wilful murder, on the 16th of March last, of a male child,
four months old, which in some counts of the indictment was
laid as her own child, and in others not. She was also charged
on a coroner's inquisition with the same offence.
Oa the case being called on, and It being discovered that
the prisoner had no counsel, the Learned Judge requested
Mr. P. Mahon to defend her. The prosecution was con-
ducted by Mr. Carrington.
The facts of the case were these:—On Saturday, the 14th
of March, the prisoner was seen sitting on the side of the
road leading from Reading to Aldermaster by a Mr. Packer,
a music-master, of Reading, who was driving by in his car-
riage ; but, on noting her condition, alighted. She had a
child in her lap, and a bundle by her side. She was crying,
and appeared very rinses able, and told him that she had
no suck for the child, and no money or victuals ; and that
she was going to Crookham-common to get something from
the father of the child. The latter was extremely emaciated,
and was wrapped up in a flannel dress, or something of that
sort, by which its head was partially covered. lie did not
give the woman anything, as he feared she might be a
tramp; but he desired her to go to a lady's in the neighbour-
hood and use his name. He was talking to her at the ut-
most about a quarter of an hour. On the night of the same
day, about eleven, a man named Hoare found the pri-
soner lying near a hayrick inside the read, with a baby and
a bundle. She seemed very weak, and the child in a most
emaciated condition. He took her to his house, and kept
her there till eleven the next day. She was very kind to
the infant, and did all for it that a fond mother could.
When she went away she left a bundle behind, as she was
unable to carry the child and the bundle. A man named
Goddard saw her on Sunday. She asked leave to come into
his house and warm the baby. The ehild seemed cast away
for want, and kept fretting all the time the prisoner
pre-
mained in the house, which was about an hour. She was
saidit a
she child
h
in
d left B
irt: a m t
the on h
- loauns e e
very attentive and kind to the child. At a little after five
o'clock—about a quarter after five—on Monday, the 16th,
Mrs. Goddard saw a woman w
and at half-past five the prisoner came to Hoare's house,
which is between a mile and a mile and a half from Bromp-
ton-lane, and asked for her bundle ; and on getting it went
inquiry
ycle of
ohfis his,
who lived about four miles
off. She had not the child when she came then, t
and, in
oa answer sown
e Hazel,
e r to a iannq
from Brompton-lane. It was at that time raining heavily.
Between seven and eight o'clock that evening she called at
Hazel's, but never left a child there. Hazel did not know
that she had had a child. On the 27th of March, as two
sweeps named Rawlins were going along Brompton-lane, a
dog of theirs pulled out the body of a child from a large hole
formed by the excavation of the earth from under the roots
of a tree growing on the top of the hedge. At the bottom of
the hedge the road was a hard gravel one. The hole had
been Made by rabbits, and was apparently a resort for them,
and the child was so placed in it that a person going along
the lane would have seen it if he had looked carefully in that
direction. They took away the body. An
inquest was held
upon it the next day. Hoare came and looked at the body
of the child, but could not say that it was the child he had
seen with the prisoner. It did not appear that Goddard saw
the corpse. Mr. Packer saw it after the inquest, and swore
positively to its identity with that of the child he had seen
with the prisoner : he knew it by its emaciated state and high
cheek bones. A Mr. Cox, a surgeon, proved that the death
of the child must have been caused by its head being struck
against a hard substance. or a hard substance being struck
against the head. He added, that generally the cheek bones
were not more prominent after than before death. No evi-
dence fltS given as to the conduct or proceedings of the pri-
soner since the 16th of March.
Mr. P. M‘MA.HoN having addressed the jury on behalf of
,K
the prisoner,
His LORDSHIP read over the evidence, and summed it up
with great care and attention.
The jury, after a few minutes' deliberation, returned a ver-
dict of Not Guilty.

Oxford, July 11.
Mr. Justice Maui,, after disposing of the cases at his
Court at Abingdon, came over here and opened the com-
mission Sergeant Gaselee will attend Church to-morrow. There are
His Lordship and Mr.
with the usual formalities.
nine causes in the list, of which three are for special juries.
There are in the calendar one case of murder, one of rape,
one of burc:lary, two of arson,. one of housebreaking; one of
poaching, one of horse-stealing, several larcenies, and one
assault; and the names of nineteen prisoners altogether.

ROBERT SHOPPEE.
BURGLARY.—REMAREABLE PRESENCE OF MlND.—This
indictment charged the defendants with having burglariously
entered the dwelling-house of Richard Weatherby, at Iver,
and with having stolen therefrom a watch, a pistol, a gun,
and a snuff-box, on the night of the 3d of May last.
From the evidence it appeared that the prosecutor, who
lives at the Parsonage Farm at Iver, retired to rest on the
night already named about ten o'clock, and placed on the
table in his room the keys of a chest standing near his bed-
side, in which he had locked a canvas bag that contained the
sum of 1901. At that time all the doors and windows were
safely locked and bolted. About two o'clock he was awakened
and found four men in the room, one of whom stood over
him with a stick while the others ransacked the place. On
the keys being found the chest was opened, and the men be-
gan to rummage it. The prosecutor, who was now aban-
doned by the person who had stood over him, perceived that
they overlooked the canvas bag. He raised himself in his
bed—stretched his arm to it—conveyed it rapidly under the
bed-clothes, and then began to call aloud for his servants.
The call was answered and the men made off—one of
them rushing to the head of the bed, and snatching away
the prosecutor's watch as he went. The prosecutor,
though nearly seventy years of age, got up at once—
stumbled over a large stick, which he seized—ran down
stairs, attacked the tWeres in' the passage, and dealt to one a
tremendous blow on the face. As soon as the house was
cleared, an examination of the premises took place. It ap-
peared that the house had been entered by means of a panel
broken in the back door, in the path leading to which the
footmarks of four men were to be seen ; in the passage of the
house, and also in the family room, the floor was deeply in-
dented with the impressions of a man's boot; and a strange
hat was discovered in the passage. The prisoners, who had
been seen in company near Iver, both on the night before
and the morning after the burglary, were soon afterwards
taken into custody. Hughes was identified as the man who
had stood over the prosecutor. The boot of Pearce corre-
sponded exactly with that of which the impression had been
left on the floor. Shoppee exhibited on his face the marks
of a blow recently inflicted with a stick; and the hat was
found to be that of Hughes.
Mr. Saunders and Mr. Wells conducted the prosecution ;
Mr. Tozer addressed the jury for Hughes and Pearce.
Mr. Baron ALnEssoN having left it to the jury to say
whether the evidence of identity was satisfactory to them, a
verdict of Guilty was returned against all the prisoners.
Shoppee, who had been previously convicted of felony, was
sentenced to transportation for life, and the other two to
transportation for 20 years.
CIVIL SlDE.—(Before Mr. Justice WILLIAMS and a Com-

men Jury.)

GLADDEY V. STUCIIBERRY.-THE FUNCTIONS OF CONSTABLE.

The plaintiff, who is a labourer, and one of the choristers
of the church of Brill, in this county, thought proper, on
the evening of Saturday, the 14th of March last, to go to
a house in that place, called the Rose and Crown. Notwith-
standing that the plaintiff is now in very humble cir-
cumstances, he was formerly well off, and he chose to
enter the parlour of the public-house, where the baker and
other magnates of Brill were assembled. After some time
he volunteered t o entertain the company with the old song
of " Tom Bowling ;" and, whether it was that the song
was obnoxious to the personages present, or that the com-
pany of the singer was disagreeable, at the conclusion of the
second verse his face was blackened with soot and candle
grease, his hat was thrown_on—to the fire, and on the
defendant Stuchberry, wtlois the constable of Brill, coming
into the room, the plaintiff was given in charge for
disorderliness. Stuchberry inquired whether the per-
sons giving the plaintiff in charge were in earnest, and
on receiving an answer in the affirmative, immediately
attempted to take him into custody. A scuffle ensued,
and the two fell, Stuchberry, who is a powerful man, being
uppermost. One of the bones of the plaintiff's leg was
slightly fractured. Ile was led home, inflammation ensued.
and he was confined to his room in great pain for some
weeks. On his getting well he brought this action for the
recovery of damages against Stuchberry and the other per-
sons concerned in the assault. The defence was that Stuch-
berry was justified in attempting to take the plaintiff into
custody, the injury to the leg accidental, and the whole
quarrel one of a series of public-house brawls, of which the
plaintiff had been the hero. It appeared also that blacken-
ing the face with soot and grease is a punishment inflicted
according to the unwritten law of this county on those who
offend against the rules of decorum to be observed at meet-
ings such as that at which the cause of this action arose.
Mr. Sergeant Byles and Mr. O'Malley were counsel for the
plaintiff, who is a pauper; Mr. Prendergast and Mr. Power
represented the defendants.
Mr. Justice WILLIAMS told the jury that a ,constable had
no right to apprehend except on a charge of felony, on his
own suspicion of felony, or for an assault committed in his
own view, and left it to them to say to what damages, in the
event of the witnesses being deemed worthy of credit, the
plaintiff was entitled.
The jury consulted for a short time, and returned a verdict
for the plaintiff—Damages, 51.

HOME ClRCUlT.—Hertford, July 10.
CIVIL SID E.—(Before Mr. Baron PARKE and a Special Jury.)

BLAUG V. STURT.
This was an action for libel. The declaration charged the
defendant with having published a letter accusing the plain-
tiff of having, in his capacity of clerk to the justices of St.
Alban'e, corruptly conspired and procured the release of a
prisoner charged with embezzlement, and also with sharing
the money he had embezzled with him. The defendant put
several pleas upon the record, but their effect was a justifica-
tion of the statement.

Sergeant Shee, with Mr. Hawkins and Mr. Grunston, ap-
peared for the plaintiff; Mr. Martyn Chambers, Mr. Ryland,
and Mr. Peacock, for the defendant.
Sergeant SIIEE stated the case, and said that the plaintiff
was a professional gentleman, residing at St. Alban's, where
he filled the office of town-clerk, and also clerk to the
borough justices, and who he believed was generally well
knowu and respected throughout the whole county, and he
appeared before them that day to complain of a most foul
and malicious attack that had been made upon him by the
defendant, and which was calculated to destroy for ever his
professional prospects and also his position in society. The
Learned Sergeant then proceeded to state that in the borough
of St. Alban's there were two separate jurisdictions of ma-
gistrates, one for the borough and another for the liberty,
both of them being entirely distinct and independent of each
other. The plaintiff, Mr. Blagg, acted as clerk to the
borough magistrates, arid of course, in his capacity of attor-
ney, lie was called upon occasionally to appear before the other
bench of magistrates, either as attorney for the prosecution
or to defend a prisoner, and inasmuch as it was an entirely
independent jurisdiction, and had nothing whatever to do
with the borough justices, it appeared to be clear that there
could be no objection to this course of proceeding on his
part. In the month of April in the present year, Mr. Kin-
der, a brewer at St. Alban's, made a charge of embezzle-
ment against one of his clerks, named Gutteridge, and he
was taken before the liberty justices, and Mr. Blagg attended
as his solicitor. Every proceeding was taken in a perfectly
regular manner, and the result of the inquiry was that the
prisoner was committed for trial. Shortly atter this a per-
son named Hutson, the uncle of Gutteridge, who had also
been in Mr. Kinder's employ, was taken into custody on the
charge of embezzlement, and he was taken before the borough
magistrates. A solicitor attended on his behalf, Mr. Blagg
took the depositions, and the magistrates committed the ac-
cused for trial, but consented to take bail, himself entering
into a recognisance of 800/., and finding four sureties in
2001. each. Everything during these proceedings had been
conducted in the most regular manner, and the plaintiff
was, therefore, astonished to find that the defendant had
taken upon himself to write a letter to Sir James Graham,
the Secretary of State for the Home Department, in which
he made statements of such a character as were calculated
to have been his utter ruin, if he had not had an opportu-
nity of contradicting them. Sir James Graham, upon seeing
the contents of this letter, however, very properly sent a
copy of it to the magistrates; and upon the plaintiff be-
coming acquainted, through them, with the contents, he im-
mediately commenced legal proceedings against the defendant.
The Learned Counsel then read the letter which formed the
subject of the present action. It was addressed to the Secre-
tary of State, and the following is a copy :
" St. Alban's and Hefts Bank, April 23, 184 G.
" Honourable Sir,—Deeming the due administration of
justice of paramount importance, and that those who ad-
minister it should be not only pure, but above suspicion, I
' beg to call your attention to the following facts, showing the
anomalous position of a certain functionary in this borough.
At this time there are two persons fully committed for trial
for felony, one by the liberty magistrates, and the other by
the borough magistrates. The parties are related, being
uncle and nephew, and lately clerks to a brewer, whom
they are charged with having robbed for a number of years.
The nephew was taken into custody first, and was com-
mitted by the liberty magistrates, and is now in our gaol,
bail having been refused. This prisoner is defended by the
town-clerk of this borough. The uncle was committed by
the borough magistrates, the town-clerk taking the evidence,
and acting as the legal adviser of the magistrates, a friend of
his acting as legal adviser to the prisoner. The most close
intimacy has existed for years between the town-clerk and
the two prisoners, and when the nephew's papers were yes-
terday examined, an enormous amount of accommodation
bill transactions, and legal proceedings arising therefrom,
amounting to many thousands, were discovered, the said
town-clerk and others with whom he is closely associated ,
being the parties thereto, thus clearing up the mystery as to
the uses to which the plunder has been appropriated. Deem-
ing this a state of things demanding a remedy, I respectfully
call your prompt attention to the same, feeling assured that
von will institute the necessary inquiry, and take such steps
as the justice of the case and the crying evils pointed out
demand. " I have the honour, &c.,
" G. STURT."
The Learned Sergeant proceeded to state that this letter
clearly contained the insinuations charged in the decima-
tion ; and when the jury recollected that it was written by a
banker, and a person consequently of station and respecta-
bility, they could not but feel that it was calculated en-
tirely to destroy the plaintiff, and when he had satisfied
him, as he had no doubt he should do, that there was not
the slightest foundation for such charges, he called upon
them to give such exemplary damages as would effectually
re-establish the character of the plaintiff in the minds of his
fellow-townsmen and the county with which he had been so
long connected.
The Hon. Arthur Dillon was then sworn—He deposed that
he held an office in the home Secretary's department, and he
had attended with the letter addressed to Sir James Graham
on the 23d of April, 1846, but before he produced it he begged
to be allowed to state that Sir James considered it a confi-
dential communication, and had instructed him not to deliver
it up unless his Lordship ordered him to do so.
Mr. Baron PARSE—Do you decline altogether to deliver it
up, or will you abide by my decision respecting the point?
Witness—l shall do u your Lordship directs.
Baron PAints—Then I think you ought to let us see it.

➢ir. Grove Lowe, the clerk to the liberty justices, gave
similar testimony.
This was the case for the plaintiff.
Mr. CHAMBERS submitted that the letter was merely such
a comment upon the conduct of a public officer by a party
interested as was sanctioned by the law, and that, therefore,
it was a privileged communication, and could not be made
the subject of an action for libel.
Mr. Baron PAHKE said he thought there was a question
for the jury whether the letter was written bond fide, with
the view suggested by the Learned Counsel, or whether the
writer was actuated by malice in making the communication.
➢lr. CHAMBERS then addressed the jury, and he argued
that it would be very unjust to convict the defendant of
having published a libel under the circumstances that had
been detailed. lie submitted that the defendant had told
nothing but the truth, and he would ask the jury whether the
plaintiff was not really placed in an anomalous position in
the borough? He appeared before a bench of magistrates
one day to defend a prisoner, and when that prisoner's ac-
complice in the robbery was charged before another set of
magistrates he had to appear as clerk and legal adviser to
the bench, and in the result bail was refused for one of
the parties accused, and he was committed to prison ; and
in the other, where the plaintiff was clerk, and where
he would have to advise the magistrates as to the course
they ought to pursue, the prisoner was allowed to go at large
upon bail. He would put it to the jury whether such a pro-
ceeding as this was not calculated to create a suspicion as to
the purity of the administration of justice, and whether the
inhabitants of the borough of St. Alban's could feel any con-
fidence while such a system existed. The defendant, as one
of those inhabitants, and therefore having a deep interest in
the pure administration of the law, did feel that such pro-
ceedings were improper; and what course did he pursue?
Why, he wrote to the Secretary of State, the properly-con-
stituted authority, to inquire into and remedy such griev-
ances, asking him to make that inquiry and afford the remedy
demanded. As to the inuendos contained in the declaration,
that the defendant intended to charge the plaintiff with con-
spiring to obtain the discharge of the prisoners,-and that he
had shared in their plunder, be denied that the letter could
fairly be said to convey any such charges, and it merely
stated facts which he submitted had been fully proved by the
witnesses for the plaintiff. All the defendant said was,-that
Mr. Blagg was acting in the borough of St. Alban's in a
double and doubtful capacity, and could the jury come to any
other conclusion with regard to his position, upon the fads
that had been laid before them ?

Mr. Baron PARKE having summed up,
The jury, after deliberating for a few minutes, returned a
•,erdict for the plaintiff—Damages, 1001.
HERTFORD, JULY 13.—The business of this assize has been
heavier than has been known for many years. The criminal
business was concluded on Saturday in the middle of the
day, and Mr. Justice Coltman then proceeded to try one or
two of the civil cases, and Mr Baron Parke was engaged in
the other Court until nearly ten o'clock at night, and there
were three special jury cases remaining to be disposed of;
one of them was subsequently adjourned to the next assizes,
and the remaining two were tried this morning.
(Before Baron PARKE and a Special Jury.)

BEADLE V. MURRAY .

This was an action for falsa imprisonment against Sir
Robert Murray, a magistrate of this county.
Mr. Montague Chambers, with Mr. Wallinger, appeared
for the plaintiff, Mr. Sergeant Shee and Mr. Petersdorff for
the defendant. -

This case was tried on Saturday, and was not concluded
until near ten o'clock at night. It appeared that Sir Robert
Murray, who resides at Yardley Bury, in this county, had
some fowls stolen from his poultry house about the 23d of
December last, and in consequence" of the information
he gave to the police, they instituted inquiries,—and
upon going to the village of Walkern, not far
from the residence of Sir Robert Murray, they
found some fowls in a shed answering the description
of those that had been stolen, and which the plaintiff, who
is a labouring man, and a Niggler, and a travelling dealer in
poultry, claimed as his, and said that he had bought them,
and expressed his readiness to give the police the names of
the parties from whom he had purchased them ; and at their
request he accompanied them to the residence of Sir Robert
Murray, who, upon seeing the fowls, immediately declared
that three of them, which were of a rather peculiar colour,
were part of those stolen. The plaintiff repeated his story,
and offered to go with the police to the persons who had sold
him the fowls, but it appeared that instead of this being done
he was taken into custody, handcuffed, and conveyed in a
cart through the village where he resided, on Christmas-day,
and was confined all night, and next day taken before a ma-
gistrate, where it was pretty clearly made out that Sir Robert
was mistaken with regard to the identity of the fowls, and
upon this Beadle was discharged. He subsequently attended
at the quarter sessions, but no bill of indictment was pre-
ferred against him, and due notice having been given to the
defendant, in conformity with the statute, the present action
was brought to recover damages from him for the alleged
illegal arrest and imprisonment of the plaintiff. On the part
of the defendant it was urged that he was not responsible for
the apprehension of the plaintiff, but that the police had
adopted that step in the execution of their duty, believing
that a felony had been committed, and that the stelen pro-
perty was in the possession of the plaintiff. A number of
witnesses were called on both sides, and their examination
and cross-examination extended to a considerable length.
Mr. Baron PARSE having summed up, the jury, after deli-
berating for about half an hour, returned a verdict for the
defendant.

RAILWAY COMMITTEES.

(YESTERDAY)

HOUSE OF LORDS.
Room B.

The Committee met this morning at eleven; present, the
Earl of Lonsdale (in the chair), Lord Ilawarden, the Earl of
Warwick, Lord Ellenborough, avid the Duke of Grafton.
LEICESTER AND BEDFORD.
Mr. Sergeant Wrangham and others were retained for the
promoters of the Bill, and Mr. Austin, Q.C., Mr. Hildyard,
Q.C., and Mr. Hope, on the part of the inhabitants of North-
ampton and the London and Birmingham Railway, opposing.
Sergeant WRANGIIAM, in opening the case for the pro
moters, said, the length of the line was 63 miles, to be con-
structed at an estimated cost of 1,500,000/. ; and was in-
tended to connect not merely Leicester and Bedford, as the
designation might imply, but passed 16 miles to the south
of Bedford on to Hitchin. The number of those in the
neighbourhood of the line who would immediately en-
joy the accommodation was about 200,000; but that which
was the great object of the promoters of the Bill was, the
line opened the London market to a large rertile
agricultural district, and would carry coal into that.district
at a reduction of 10s. per ton. The line would form a junction
with the Leicester and Swannington Railway at Leicester;
and though a petition had been sent up by the last company
against the Bill, because a Bill was in their Lordship's House
forming a junction between the Leicester and Swannington
and the Midlands line, a Bill which had been delayed there
till the fate of the present Bill should be known, the Learned
Sergeant contended for the superiority of this junction over
the other, and proceeded to call evidence to satisfy their
Lordships.

Mr. I'acke, Member for South Leicestershire, said, on his
examination, that being well acquainted with the district
through which the line passed he believed it would be of great
advantage, as giving the farmers a transit to the south for
their produce, and opening the Derby and Leicester coal-
fields to Bedford, Northampton, and Hertfordshire. He had
presented petitions to the House of Commens in favour of the
line from those who owned about sixty thousand acres in
the district.
Mr. HILDYARD was proceeding to cross-examine
wasthe
witness, on behalf of the South Midland project, which
thrown out in the House of Commons in favour of this Bill,
when
Sergeant WRANGUANI objected to his being heard.
Mr. AUSTIN contended that precedent concurred with the
common sense view of the jurisdiction of their Lordships'
House, that a project, though rejected by the House of Com-
mons, ought to be permitted to appear before their Lord-
ships, otherwise they must judge only of such lines as the
Commons chose to select.
Sergeant WRANGIIAM having replied, the room was ordered
to be cleared.

- Parties, on being re-admitted, were told that the Commit-
tee considered the project to be a competing line, and that
Mr. llildyard might, therefore, proceed with his examination.
Cross examined by Mr. ITILDYARD —Mr. Packe recolleted
that Parliament, in 1836, ordered the Midlands Company to
suspend their Bill for the line between Leicester and Rugby,
in case them might be a direct line from Rugby to North-
ampton.

Mr. Paget, formerly Member for Leicester, corroborated
the last witness.

Mr. Maunsell, M.P for Northamptonshire, gave evidence
in favour of the line.

Mr. Weston, mayor of Leicester, said a petition in favour
of the line had been sent up from the town council and from
a numerous and respectable meeting of the inhabitants, who,
after considering the two modes of joining the Leicester and
Swannington Railway, decided for the one embodied in the
present Bill.
Other witnesses were called and examined on traffic.
The Committee then adjourned till eleven to-morrow.

Room C.
_MANCHESTER, SHEFFIELD, AND MID-
LANDS JUNCTION.
The Committee atsemb!ed this morning, Earl Radnor in the
chair, when _ _

Mr. Holm called for the contract of the Company, and
contended that the evidence was not in accordance with ita
terms.

On a revision of that document, however, the Committee
decided that there was no discrepancy suffacient to throw out
the Bill.
Mr. WILDMAN, who appeared for sweral landowners, ad-

Mr. T. D. Jeffcock, who was cross-examined by Mr. WILD..
MAN, stated that he estimated the deposit of the diluvial de-
posit at 90,000,000.
When cross-examined by Mr. Sergeant MERIWICATIIER he
stated at 41,000 tons. The coal-field comprises 13,000 acres
on the Dronfield and Hunstone line. Newbold he stated to be
twelve miles from Sheffield, and two miles from the Midland.
Mr. Rigby, the mining engineer of the Manchester and
Sheffield Railway, stated that he had great experience In the
ascertainment of coal measures, and could confirm the state-
ment already given.
Mr. Crossland, a valuer at Sheffield, stated that he had
valued the land and buildings to be taken at 121,171/. 15s.
100., including 268 dwelling-houses. The value of the Ton-
tine Inn, at Sheffield, he rated at 13,0001., but this did not
include the compensation for houses of 10/. a year, which he
rated at the usual calculation.

Mr. John Fowler was then called by Mr. HOPE, who stated
that the junction of the Sheffield and Manchester Railway
with the Sheffield and Lincolnshire line, was 16i miles,while
the junction by the proposed line would be l3l} miles. By
Mr. Vignolos' statement. it appeared that one in 300 had no
reference whatever to the ruling gradient. The curves, as
far as compared with the gradient, are much mere severe,
being one in 20 chains. On the Midland they were much
more severe, and he had no doubt that the difference of dis-
tance (3i miles) would have no effect upon the distance.
To the CHAIRMAN, the witness replied that he took the
whole course, and he allowed for them.
To Mr. HOPE, the witness replied that he had considered
the difficulty of the arrangement between the Sheffield and
Midland, and the arrangements had been made in accordance
with the understanding into which he had entered, and if
there were any deficiency it could be easily arranged.
Mr. Horn wished to know whether the communication
between London was in any way provided for by that line?
The witness replied that there would be a saving of nine
miles between London and York, the Sheffield line joining
this at Retford.
To the CHAIRMAN, the witness replied that they had
entered into arrangements with the London and York,
whereby all difficulties would be obviated. With respect
to the Leicester and Bedford there would be no doubt. With
respect to Newark, the distance by the London and York he
believed would be much the same.

An endeavour was here made by the Committee to aster.
tain what were the respective interests of the several lines. ,
Chesterfield it appeared was a small place, not extending for
three-quarters of a mile or perhaps the half of that.
An endeavour had been made to amalgamate the several
lines of the Swinton and Lincoln Company, but a disagree-
ment ensued on the terms. Taking the several stations of
the Midland Company, and that of the proposed line, he
could say that the making of one line was not more facile
than the other. But this he must say, that parties coming
from Sheffield would have to back a mile into the Chesterfield
station.

To the CHAILMAN the witness replied, that inasmuch as
there was no first-class station within twenty-four miles,
there was no alternative, the nearest station ifeiilg Brighton:`
To Mr. HOPE, the witness replied that tiTere tivas no objec-
tion to that line.
~
Mr. Fowl.Es had prepared a table of population between
Sheffield and Chesterfield. The witness had taken the town-
ships, including many villages a long way from the line. -
The result was, that the total polmlatuewas
a considerable number of which were excluded from
the line. The population of Norton is nearly 2,000, a
great part of which is situated immediately above the long
tunnel. -At Dronfield the same case holds. For a great
part of thd- coal-field the line is inconveniently laid out,
going through a valley and a cutting. There was a differ-
ence between last year and this year ; the one in the furmer
case going on the level, and that of this year going through
a cutting of from thirty to forty feet.
To the Earl of CHICHESTER, the witness replied that he
deemed it at all times advisable that every advantage should
be given to the coal proprietors. They had this year sacri-
ficed especially the Dronfield beds for the sake of a better
line, although a better line might be laid out.

TO Mr. IroPE, the witness expressed his opinion that Mr.
Vignoles's estimate was about correct. Ile estimated the
whole cost at 867,000/., the land and buildings at 687,000/.
The land for spoil was 149 acres, and taking all the cuttings
this was a fair estimate. Mr. Vignoles proposed to take a
retaining valley, but though restricting to space, there would
be an increase of expense.
To the Earl of CHICHESTER, the witness replied that In
the case of Blisworth, where the upper stratum is rock and
the lower portion clay, the cuttings were necessarily of
greater amount, and in any case the station to the tontine
of the Sheffield and Lincolnshire line was not at all likely to
be made.
Mr. Hope's examination having concluded, the Committee
adjourned till to-morrow.