The Sun.
London, England, 1846-08-10 00:00:00

50,0007. ; and the total amcmnt of duty received from each
class, and the aggregate amount of all the classes. A similar

Mr. WARD said, his object was to show what could be
done to remedy the grievance complained of. lie was most
anxious to give the subject his decided consideration. He
would, however, give no pledge as to what course should be
pursued.
The motion was then withdrawn.

It had led to attempts at gain which were not justified, and
the confident predictions that were uttered at the time, had
net been fulfilled. In 1824, when Mr. Huskisson admitted
foreign iron, it was broadly stated that every furnace in the
country would be blown out. But what was the result? Why
be believed the produce at that time was about 300,000 tons
a year, while now it was fully 1,81)0,000 tons. The same prin-
ciple held good with regard to the colonists in our British West
Indies. Only let them do away with these differential duties,
only let them do away with this uncertainty respecting the
duties which are to be charged--only let there be a sufficient
assurance of the immigration of labour, and both planters and
labourers would alike partake of the benefit, and would easily
accommodate themselves to the circumstances and in no way
be injured by the change. By a report which had been re-
ceived from Sir John Hawkins, which had been read iu
the other House, it appeared on the representation
of the worthy Baronet that, at a meeting of the
East India and the East India and China Association, called
expressly to consider this very question, a resolution had been
unanimously come to, that if there were a sufficient supply of
labour, the colonists would have ne reason at all to apprehend
the change. It should be recollected that there was still an
advantage preserved to the colonists—and that no trifling or
insignificant advantage. The protection reserved to them
were under the new duties.—( Hear, hear.) In the
first year it would be equal to 50 per cent.
in the second year 43 per cent., in the third year 32 per cent.,
in the fourth year 21 per cent., and in the fifth year 10 per
cent.
Lord STANLEY—But how does that affect foreign sugars?
The Earl of CLARENDON—The duty under the present
arrangement would he 21s. ; the colonists derived 235. 4d.
It was desirable that the price of sugar with the duty
shculd not be more than 455., if the consumption
were to be extended so as to ensure the benefit to
the labourer and the security of the revenue. The price of
foreign sugar en an average was 245. 4d, which, with the duty
of 235. 5d., was about 475. 7d., being about 2s. 7d.
more than the desired rate. The price of British Colonial
sugar was, during the year, duty included, 505., that is, 365.
lot the net price, and, with the duty and clearanee, making up
the rate he had just stated. But this was in some
degree owing to the deficient crops of last year,
These two sugars had found their level and British celonial
sugar was now selling at the level price in the market.
And as to the quantity which may be expected he was
very far from attaching any undue consequence to the
statements which had been made but he could only say that
the statement which he now made was collected from the best
sources, and framed with the greatest care, to prevent exag-
geration, frm the present time to the sth of July, 1847.
There would be about 2,000,00 cwt. in the second
year, about 40,000,000 cwt. in the third year,
240,000,000 cwt. in the fourth year, 260,000,000 cwt.
and in the fifth year, 270,000,000 cwts. Then with respect to
the revenue, the result would be found to be equally satisfac-
tory; for when it is considered how necessary it is for the
safety and honour of the country to maintain our esta-
blishments in a proper manner, and befitting the country
such a consideration must have great weight, The revenue of
the two successive years would be 4,000,0001., that of the present
year was 3,800,000/., and in the fifth year it would be 5,000,000/.
He would now come to the question whether her Majesty's
Government were warranted or justified in proposing to their
Lordships this measure, as far as it would affect the slave
trade.—( Cries of " Hear, hear.") In the first place, (said
his Lordship, with much warmth) I must beg leave
to say that I yield not to my Noble and Learned Friend, or
any man living, in abhorrence and detestation of that inhuman
practice—(Cries of " Hear, hear")—and that there is no
sacrifice nor any risk that I would not incur in order
to put a stop to it, if I thought that we could check this
system by perseverance in the course we have hitherto pur-
sued, and in making any alteration in our diffe-
rential duties, I would not yield to any man in
my exertions to put an end to the system. I should consider
no risk, nor no sacrifice too great for such an object, but,
at the same time, my Lords, I should require to know
the amount of success that has followed our previous policy.
—( Hear.) At the same time that we restricted the comforts of
our people and the receipts of our Exchequer, did we put an end
to this traffic in human beings? At the time we imposed our
prohibitory duties, that there was mixed up with it no
question of colonial protection, and that when we
imposed those privations upon our people, and
that we exposed ourselves to injury. I ask you, my Lords,
what was the result of our efforts? Could they (continued
his Lordship) after calmly and dispassionately reviewing
the past, could they say that they had succeeded in abolishing
slavery, notwithstanding all their great risks and their great
sacrifices, and their collisions with foreign nations.—
( Hear, hear.) It was notorious that during the last thirty
years they had not, notwithstanding their unabated
energy and courage in their struggles to put down
the system. They had net, in fact, succeeded in doing
anything. He was sure their LoPdships must still bear in
mind that eloquent and powerful speech which had been ad-
dressed to their Lordships a few weeks ago by his Noble and
Learned Lord opposite (Lard Brougham) on the sub-
-,ect of slavery.

return of exports, in classes.—Agreed to.
MILLBANK
On the motion for the order of the day for a Committee of
Supply being read,
Mr. T. S. DUNCOMBE tease to move for a Select Com-
mittee to inquire into the treatment of prisoners confined since
1843 in the Nlillbank Flame, as well as into the conduct of the
Governor and officers Vaereof, and to report their opinion,
with the evidence to the House. The Honourable Gen-
tleman commenced 'oy a review of his previous proceedings
in relation to this Frisson, and complaining of the way in which
the Government had met his proposition for inquiry. His
report on that eoccasion, which in the main was correct, though
not in all its details, had been cut out of the Times newspaper,
and hawked, about the Millbank prison, with the object of
getting up a counter-statement, in order to meet the allegations
he had * wade. Instead of going in this underhand way to work,
they
.o'aght to have at once instituted a full and satisfactory
inquiry into the whole mode in which that establishment was
c?eestueted. Cases of cruelty and flogging of the severest
eenaracter bad been alleged against the officers of the prison,
I, and as yet no step had been made to meet the charges. Any
attempt on the part of the officers to inflict corporal punish-
ment for the offence fir which the two men to whom he re-
ferred cn the previous occasion had been flogged was illegal.
By referring to the Act of Parliament on which the institution
was founded, they would find that if a man attempted to as-
sault the governor, he was to be prosecuted in the usual way
for the offence, and might be punished with two years' impri-
sonment, or with flogging, as the Court might direct. It was
not, there fore, in the hands of the officers of the prison
that the punishment was placed, but in the Court before
whom the prisoner was tried. Besides, the cat witlrwhich
Bunyon and the other man were flogged was illegal. Why
flogging in the army was mercy itself compared to being
flogged with such a cat. He had a pattern of the cat, which
contained enormous knots, and he was informed that there
never was a more disgusting scene than when Bunyon was
flogged with it. The other man, Cotterel, received sixty
lashes from the same cat, and he, having been formerly a
soldier, declared that he had received 150 lashes when in the
army, but that the flogging was a joke to that which he re-
ceived at Millbank. Instead of being then taken to the
infirmary, he was taken to his prison. He (Mr. Duncombe)
considered such conduct was cruel in the extreme. Mr.
Baker, in his second petition, referred to these com-
plaints. The chaplain himself said that the sentence was a very
severe one. The governor admitted that he put these boys
in question upon bread and water for seven days. Then, as to
suicides ; there had been sixteen attempts at suicide in the
prison during the last three years, and four had succeeded in
putting an end to their existence—making twenty altogether.
All this, no doubt, resulted from the cruel treatment of
the governor. The prisoners at Millbank amounted to
1,000, and it was said that four suicides out of such
a number was not extraordinary ; but he
contended that, considering the inmates of the prison had ro
Lc& ies for self-murder afforded to them, the number was most
extraordinary. The system of treatment of criminals then
was most vicious and cruel, when it compelled them to seek for
death as a refuge. Then, again, in consequence of the un-
healthiness of the prison, and the bad food on which the in-
mates were fed, the cases of death were innumer-
able. The medical gentlemen admitted that fact.
Within the last three years 300 of the inmates
of Millbank had to be removed to a more healthy
situation and forts-eight of them had died. The inquests
that were held on these persons he asserted were not full and
fair inquiries into the causes of these deaths. Both coroners
and jurors failed to do their duty ; they had not recorded it as
their opinton that the parties on whose bodies they sat had
been actually murdered by the inhuman treatment of the
governor at the prison in question. In conclusion,
he would merely remark that if he had not on
a former occasion, when he brought this subject
under the attention of the House, made out a
good case, he had at least done so now. What the Govern-
ment intended to do in reference to this question he knew not,
but he could say, in answer to the objection that the Right
Honourable Baronet the Secretary of State for the
Home Department had made on a previous occasion,
that that gentleman had a complete power of controlling the
conduct of the governors of prisons. The House of Commons,
he felt confident, would demand a reform of the present
abuses in our prisons.—(Hear, hear.) They had
at length penetrated the walls of Somerset House,
and found out the black doings perpetrated there by the Poor-
law Commissioners, and so it would be with regard to the
governors of our prisons. He hoped that the Right Hon.
Baronet the Secretary of State for the Dome
Department would not object to the appointment
of the Committee, which should not hold its sittings, as had
been previously done, within the precincts of the prison, because
the inmates would, whilst in the presence of the governor, be
too much influenced from fear to state the whole truth. The
Hon. Member concluded by moving the appointment of a Select
Committee of the House to inquire into the abuses he had
stated.
Mr. WILLIAMS gladly seconded the resolution of the
Honourable Member for Finehury. He felt confident that
a Committee of the House would be a much better tribunal
than any commission which they could appoint. As the House
was aware, scarcely any of their commissions had failed
to give satisfaction. With regard to the abuses, he
contended that it was the duty of her Majesty's Go-
vernment to show a most anxious wish on their part to remedy
them by agreeing to a Committee of the House, with
a view of making a full inquiry into, and ulti-
mately removing them. Notwithstanding the unhealthiness
of the prison at Millbank, and the coarse and
meagre fare allowed to the inmates. That prison cost this
country no less a sum than a million pounds sterling per
annum. He hoped, in conclusion, that the Government and
the House would agree to the motion.
The SPEAKER having put the question,
Sir GEORGE GREY said that the inquiries which hart
been made into the conduct of the governor of the prison in
question since the matter was last mooted in the House had
not been corapleted, and that was the reason why a com-
plete report had not been presented by him to the House.
He admitted, with the Hon. Member for Finsbury, that it
was most painful to see the unseemly disputes that were at
present taking place between the Governors of Milbank, and
the gentlemen who had been appointed to investigate into the
alleged abuses. He requested the House on the last occasion
when this question was -before the House to suspend their
judgment until a full report of the whole case was before them,
and he had now to make the fame request. He must certainly
admit that after the assertion of the Hon. Member
to the effect that he could prove his charges, a
further inquiry had become indispensible.—(Hear, hear.)
Under the general powers vested in the Crown with regard to
the inspection of persons, he must advise the Crown to issue a
Commission for the purpose of making inquiry into the charges.
This would be a better course than appointing a Committee of
that House. This being the case, he would abstain from re-
ferring to the charges made in the petition. He did not, how-
ever, think that the charges against the governor were borne
out, and he thought that the investigation, if the Commission
was granted, would fully prove the falsehood of the imputations.
He hoped that the result of the Commission would be equally
satisfactory to all parties.
Mr. T. DUN COMBE would now withdraw his motion, and
in doing so, he hoped that the Commission would be conducted
in such a manner as to give fair play to all parties. If not,
he would feel it to be his duty to bring the matter again be.
fore the House.

On the SPEAKER leaving the chair
Captain LAYARD moved a resolution "That, in the
opinion of this House, the pensions which are paid to
non-commissioned officers and privates of the army should be
paid without fee or deduction whatever." He said that it should
be remembered that he presented petitions on this subject. In
the year 1755, by an Act of George 11., it was passed
into a law, that the pensioners of Chelsea should not receive
their pensions for twelve months. By the 7th clause, it was
enacted that there should be a certain reduction of 5 per cent.
from their pensions in consequence, which should be applied
in whatever his Majesty should desire. Now it was stated
that as this deduction bad been given for his Majesty's use
that it was impossible for Government to interfere in the mat-
ter. But he found that in 1833 there was a deduction of
only two-and-a-half per cent., and therefore he held that
Government could do away with the two-and-a-half percent.
Mr. HUME said he agreed to the motion, and thought that
if there were any reductions of this description, it should at
all events come as well from the valets of the wealthy as the
poor rensioner.
The CHANCELLOR of the EXCHEQUER said that
some misapprehension seemed to exist or► the subject. The mea-
sure which the Hon. Gentleman proposed to alter was introduced
at a time when it was the greatest boon to the soldier. At
the time it was brought forward, all persons were paid at the
end of the year. He assured the Hon. Gentleman that the
sutject should receive consideration of her Majesty's Govern-
ment, but it was impossible fur him to go further than this de-
claration.
Captain LAYARD said, that under these circumstances be
should withdraw his motion.
After a few words from Mr. P. HOWARD, the motion was
withdrawn.

COMMITTEE OF SUPPLY.
The House then resolved itself into a Committee of Supply,
Mr. GRUENE in tla Chair.
Colonel ANSON then moved that a sum not exceedir.g
575,6721. be granted to her Majesty for pay, allowance, and
contingencies of Ordnance Military Corps.
After a few observations from Mr. Williams, Mr. Bernal,
Mr. B. Escott, and others, the vote was agreed to.
The next vote proposed was 340,981/. for the commissariat
and barrack supplies for her Majesty's forces, great coats fur
the army, clothing for the colonial corps, &c.
This vote, after an irregular discussion in reference to the
barrack accommodation at Hong-Kong and other settlements
abroad, was also agreed to.
The f, llowing votes were then agreed to -.-
94.9u3i., to defray the expense of the Ordnance-office.
224,025'„ to defray the expenses of the establishments in
the United Kingdom and colonies.
125;395 , wages of artificers and labourers in the United
Kingdom and colonies.
390,1841. to defray the expenses of ordnance stores for land
and sea s. rice
611,986/. for works, buildings, and repairs.
60,9694 for the scientific branch.

(LEFT sIrrING.)

HOUSE OF LORDS

The Earl of SBAFTESBURY took his seat upon the Woolsack
at Five o'clock, when several Bills were brought up and laid
upon the table.
On the motion of the Earl of CLARENDON, several Bills
received a fiist and second reading.
POOR REMOVAL BILL.

Lord ASHBURTON presented several petitions, amongst
others, one from Hampshire, complaining that the proposed mea-
sure, in reference to the removal of the poor, was a most imper-
fect measure, and calculated to do the greatest injury to the
petitioners.
LIVERPOOL, ORMSKIRK, AND PRESTON RAIL.

(LEFT SITTING.)

BRISTOL COUitT OF BANK-
RUPTCY.

(Before Commissioner Mr. STEVENSON.)

RE WILLIAM HENRY SMITH, OF SWANSEA, PRINTER.
This bankrupt, who is a barrister on the South Wales
circuit, but against whom a fiat had issued as printer and
proprietor of the Swansea Journal, was brought up in
custody of a tipstaff of the Court of Queen's Bench to
undergo his last examination. Mr. Phinn, of London,
appeared to oppose his passing for Sir James Widiams,
Cooper, and Co., Messrs. Spalding and Hedge, Mr.
Moggridge, and Messrs. Tanner Brothers. Mr. Stone
appeared for the bankrupt. The liabilities were stated
at near 30,0001.
The examination was lengthened, and involved many
questions of account which could not be understood but
upon reference to his balance-sheet.
It appeared, from his answers, that some years since
the bankrupt projected the Swansea water-works, of
which undertaking he acted as architect, engineer, sec-
retary, director, and everything else up to the passing of
the Act of Parliament, after which time he had associ-
ated with him sixty-five bond fide shareholders. He called
them bond fide, because they took their shares for better
for worse. They were before the Act nominal share-
holders, who subscribed upon the faith of his representa-
tions, and whom he felt bound in honour to bear harm-
less. He said he calculated that he had expended in the
works near 80,0001. in cash, and, with liabilities, his loss
had been 45,0001. He had not been possessed of large
capital himself, and excepting about 6,0001., he had raised
the money. His present interest in the works was the
equity of redemption of one moiety, which he had mort-
gaged. The charges upon it amounted to about 12,500/.,
which bore interest at 5 per cent. He was not pressed
upon for the interest, which, as it fell due, was added to
the principal charge. He was entitled to redeem the
property till 1851. The last year's entire income from
the works was 1,100/., out of which there were 2001.
expenses.
The bankrupt was next asked whether ho had not
paid commissions to the high-sheriff or under-sheriff of
a county, which was named, in consideration of their for-
bearing from arresting him ? He positively denied that
such was the case, but admitted that upon one occasion
he paid 5/. to a sheriff's officer for that purpose. He had
never paid anything to the under-sheriff beyond sums
borrowed from him, or liabilities incurred on his (bank-
rupt's) account. Nothing beyond what he was bound in
law and honour to pay.
He was next interrogated as to alleged frequenting of
certain " hells " or gaming houses at the west-end
of London. He said he had not gamed to any ex-
tent for twenty-five years, and for the last eighteen
months ho had not played at all. He admitted
that out of the last-named term he had been in
custody for twelve months, and also that within the
last four or five years he had been two or three
times at a hell in St. James's-street, with friends
from his club. He played two or three times, but
only for small sums. Was a member of the Wyndham
Club. Had been once at a house in Albemarle-street.
Did not lose a shilling there. Might have won 201. or
25/. Had also been once or twice at a house in Jermyn-
street. Believed that his losses or gains within the last
four or five years would not exceed, either way, 1001.;
they might amount to 200/., but he thought not more
than 1001. Believed that all these transactions were
before his trading. Had not brought them into his
account.
Mr. Phinn addressed his honour at considerable
length, in opposition to the bankrupt's passing, contend-
ing that his accounts were unsatisnetory in many par-
ticulars, and that they were not carried back far enough.
The bankrupt had, after a long series of transactions,
incurring liabilities to an immense amount, commenced
a trading; and then he attempted to get released from
all his debts, only furnishing accounts of his trading.
If this were allowed, it would be impossible, by any
extent of vigilance on the part of the assignee, to guard
the interests of the creditors, as, for all which the
assignees could know, he might have in his pocket all
the proceeds of his earlier large transactions.
Mr. Stone, in reply to this, said the bankrupt had
given the best account he could. If there were any par-
ticular points which required further elucidation, the
bankrupt was present and could be examined ; or, as had
been done in former cases, the Court could pass his ex-
amination, and require him, before he came up fur his
certificate, to furnish some explanatory accounts. Mr.
Stone contended that the opposition had been instigated
by the opposing creditor, Mr. Williams A. Wearing, and
it was intended to keep the bankrupt in prison, where
he had already been for a whole year. As to the bank-
rupt getting up a trading in order to avoid investigation,
he begged to remind his Honour th st Mr. Smith first
petitioned as an insolvent, a course which would always
have left his property liable for his debts. It was how-
ever, decided by the Court that he was a trader, although
it was sworn that he established his paper upon the un-
derstanding that he was to derive no profit from it be-
yond the use of its columns to write up the water-works.
He stood before the court in an honourable light. His
whole fortune had been wrecked in the water-works,
which had always kept his head beneath water, and had
prevented his ever rising above the surface. All who
knew his history must admit that his case was a hard
one, and he (Mr. Stone) hoped that his examination

would now be passed.
His Honour; said, he did not think that he
could require accounts of transactions before the
trading ; but there were some items, and particulary
one of 3,800/., in regard of which the creditors were
entitled to more explanation. His Honour was proceeding
to give judgment in accordance with this view when—
The bankrupt implored the court not to adjourn the
examination, as such a judgment would amount to one of
perpetual imprisonment He had already been in custody
for a year, and had incurred expenses which had ex-
hausted all his resources. The costs of coming down in
custody were so heavy that he could not again bear them;
he bad trespassed upon the kindness of his friends as far
as his feelings of self respect would permit him to do so,
and if he were now adjourned be must remain in prison,
for down again he could not come. He would pledge his
honour and his oath to file any particulars required, and
which were in his power to give before his certificate
meeting, and he would consent to make the granting of
his certificate contingent upon his so doing. He respect-
fully
tpetdhattihartephiiiesapvaesrsyingfr,: Sn'okuilyd save expense to
his estate, and would enable him to assist his assignee.
Mr. Phinn said there was no estate. The solicitor to
the assignees said he hoped he might realise about 1201.
and explicitly to
all inquiries, and the assignees had no reason to be dis-
satisfied with his accounts. His lagoillg would be a
patter Qfomeniente tV Wino

TIIE SUN, LONDON, MONDAY EVENING, AUGUST 10, 134(3.

The Court then passed the last examination, directing
the required accounts to be filed ten days before the cer-
tificate meeting.

RESPONSIBILITY of ENGINEERS.

• The following important trial, which lasted two days, at
the Shrewsbury Assizes, establishes the responsibility of civil
engineers, for the due execution of the surveys, plans, and
sections entrusted to them by the directors of railway com-
panies.

COLLIM AND MIMES V. GILES.
(Special Jury.)
Sergeant Talfourd, Sergeant Allen, and Mr. Whitmore, for
laintiffs ; and Mr. Whateley, Q.C., Mr. Phipson, and Mr.

Walesby, for defendant.
Mr. WnrrmonE opened the pleadings. It was an action
brought by the managing committee of the Dudley, Madeley,
and Ironbridge Railway against ➢lr. Francis Giles, engineer
to the company, for breach and neglect of duty in preparing
certain sections, &c., of the line, in order to go before Parlia-
ment in proper time to obtain the required railway, and also
what were done were in a careless and negligent manner.
The defendant pleaded that he was not guilty of neglect, and
that the sections, &c., had been properly prepared, and

correct.
Sergeant TALFOURD addressed the jury. The plaintiffs in
this case were the committee of the Dudley, Madeley, and
Ironbridge Railway ; and the defendant, Mr. Francis Gilgs,
an eminent engineer, whose talents. had been everywhere
spoken of very highly, and deservedly so, as he believed.
He had been employed on the line as engineer, but by a
breach of duty he lied brought utter and inextricable ruin on
a company whose line of railway would have been of great
importance to all parties. Oat of the great number of
schemes started last autumn, the Dudley and Madeley line
was one of the best, being brought out under the happiest
auspices, and having the support of very influential parties.
Mr. Giles was recommended as a clever engineer: bad been

connected with the South-Eastern Railway, and was an as-
sistant to one whose nnne could not lie mentioned without

feelings of profound respect—Mr. Robert Stephenson. Mr.
Giles, however, when the time came, did not fulfil his en-
gagement, whether he could have done so he could not say;
but, in consequence, they were prevented going to Parlia-
ment, and utter ruin to the company ensued. The solicitor,
Mr. Collis, was very urgent to have the plans and sections
ready in time, and wrote various letters to Mr. Giles on the
subject. ( Mr. Talfourd here read a number of letters
from Mr. Collis to Mr. Giles—in which the former urged
the completion of the sections, and the latter assuring
him all was going on in the most satisfactory manner
possible, and everything would be ready in due time ;
and asking Mr. Collis for remittances of money, which were
sent at various periods till the amount reached 4,0001.) The
Learned Sergeant then went on to say that no visible pro-
gress was made, and at last the eventful day arrived,
" big with the fate of railways"—not the 29th, but the 30th.
Mr. Giles met the various solicitors on that day— but the
sections and plans were delivered too late to arrive at the
Board of Trade, Whitehall, to deposit, and when Mr.
Wainwright got there the door was closed, and all his
efforts could riot procure its reopening—there was no hope,
and it was like the place described by the Italian poet,
Dante, where hope never came. Mr. Anstice was only
seven minutes behind time at Shrewsbury ; but, alas !
too late there. It was discovered shortly after that various
omissions and errors of a serious nature were in the sections
and plans—some not in at all, and others exceedingly im-
perfect. What was to be done? They could not go before
Parliament—they were quite chopfallen. The committee
met, and decided that to go on would be a gross violation of
duty, and a waste of the shareholders' money. They were
determined to abandon the scheme, and eventually amalga-
mated with the Shrewsbury and Birmingham Railway, as
some little was to be gained by that. It would be painful
to remark on the palpable omission of whole lines or parts
of lines in the sections, &c., and which would require no
scientific engineer to explain ; but as to the amount of da-
mages sustained, that could not be exactly estimated. Even
30,0001. or 40,00 W. would not be compensation for the actual
loss incurred.
Witnesses were called to prove the statement of the
Learned Sergeant ; but the real state of the case may be best
gathered from the summing up of Mr. Justice Maule.
The Learned JUDGE remarked that the plaintiffs in this
case were Mr. Collins and others, as managing committee
of the Dudley and Madeley line, and the defendant, Mr.
Giles, engineer to the same. It appeared that, to prepare
the plans and sections was the duty of the engineer ; and
according to the plaintiff's showing, he had not prepared
them in time—some were not prepared at all. This was im-
puted to his negligence. The plaintiffs did appoint the de-
fendant as engineer in a formal manner, on he 9th of Octo-
ber, and he was retained to prepare everything. in order for
the line to go before Parliament. It was an important dirty;
and the question was, whether the defendant, by a want of
due diligence, which the plaintiffs had a right to expect, and
by his carelessness, had not prevented the plan being car-
ried out to its full extent. There was no difficulty about it.
The evidence was substantially the same on both sides.
The plaintiff's evidence said the sections were not ready in
time, and the defendant gave evidence of the hurry and
confusion which took place at the last extremity. From
the 9th of October there was plenty of time for the work
to be done by the 30th of November. It was impossible
to get over the defects before standing orders. The sections
were not completed till the 30th of November, and hence
arose the mistake and confusion. Things, which ought to
have been done days before were left to the last moment,
and thereby subject to all kinds of accidents. The clear
duty of defendant was to have used due diligence to per-
form his work. The sections were not deposited in time,
neither were they proper sections. One branch line, all the
cross lines, five or six miles of the main line, and also all
the cross sections—in which public and private parties were
deeply concerned—were not deposited. The defendant
had assured the plaintiffs they should have the plans to
deposit in proper time. The confusion complained of was
caused by two companies having the same room. Frederick
Giles took the responsibility of delivering the sections ;
that was omitted by him, and therefore the defendant
was responsible for it. The case was quite clear. If in
delivering such sections and plans as were delivered
at nine o'clock on Sunday night, Mr. Giles had used
due and proper diligence in the execution of his work,
then all would be well. From six o'clock on Sunday night
Mr. Giles exerted himself wonderfully, for he walked away
at that hour, leaving Frederick Giles and others to do the
work. .From the evidence it did appear that he was in a
very debilitated state, extremely nervous with anxiety,
amounting almost to anguish. He had four railways on his
hands at the same time, and he was completely broken down
according to witnesses' evidence. It appeared there were
twelve copies filled up, and only seven wanted. The en-
graver had sent twelve, but that was no reason why they
should have been filled up. Two hours and a half were lust
in this manner, and for which Mr. Giles was responsible. Was
that due and proper diligence? In consequence of some
suspicions afloat that the levels were not correct, Mr. Giles
had them retaken—a work of two days, which were wholly
lost by so doing. Mr. Giles ought to have had more con-
fidence in himself, and said the levels were taken by com-
petent persons, and he would stand by them. The two days'
loss was fatal; was that due and proper care and diligence?
He was working and grasping more than he could perform.
The evidence was not conflicting on either side. There was
an extraordinary hurry at the last. The correspondence
with Mr. Collis and Mr. Giles was remarkable. Mr. Collis
had various misgivings on the subject, and inquired of Mr.
Giles repeatedly about the line, and he assured Mr. Collis all
would be right. The affair failed. On the 3d of December
there was a meeting of the managing committee, which Mr.
Giles attended ; and on being asked then respecting it,
said it was entirely his own fault, and that there was a
fatality about it. He was asked if the sections, supposing
the informality could be got over, could be relied on ; his
answer was, they could not, he was sorry to say. Afterwards
he said he was convinced they were correct, and wished
the plaintiffs to make a re-deposit, but they did not. They
amalgamated with another company. It appears the
plaintiff's do not wish to press any one to the ground; but
what was the liability of the defendant? Engineers were
not paid by hundreds, but by thousands—they were persons
of skill and energy, or ought to be so. Due diligence ought
to have been used, as the interest at stake was considerable.
The 40,000/. that had been expended was not thrown away.
They had amalgamated on fair terms with another company,
whose shares were up in the market. They could not do so
'on the same terms as if their line had pa,sed, but the terms
were still fair ones. The negotiations had broken off before
the 30th of November, and the company was thus free from
that clog. One bundled and thirty-three thousand pounds
had been paid by the shareholders, in deposits of 21. 12a. 6d.
on their shares, of which they had received back W., at least
those who did not throw their shares into the amalgamated
company, reserving the other portion to meet the expenses.
One gentleman had estimated them at 18,0001. The plaintiffs
have said they have no wish to press the defendant down to
the ground. The plaintiff's had dealt in a mild manner with
the defendant, and whichever way the jury, may give their
verdict, a proper amount of damages would be necessary.
With these observations he would leave them to consider
their verdict.
Intense interest was felt during the consultation of the
jury, which lasted about a quarter of an hour, when a verdict
was returned for the plaintiffs. Damages, Four Thousand
Five Hundred Pounds.

SUSPECTED MURDER.—NEWCASTLE ON-TYNE, WED-
NESDAY NIGIIT.—Three men, named Thoburn, Bell, and
Douglas, and a girl named Ann M'Cartney, having been
apprehended, charged with being concerned in the murder
of Mr. Robert Lowthin, late registrar of births, marriages,
and deaths for the Gateshead district, and whose body was
recently found in the river Tyne, under extraordinary cir-
cumstances. M`Cartney was first taken into custody, it
having been ascertained that she was one of two girls with
whom the deceased was seen on the night on which his
death occurred. Immediately on her apprehension she
made a confession, the full extent of which has not been
allowed to be made public. Her statements implicated the
three men, the first of whom surrendered to the police yes-
terday, and the others this morning. Thoburn, as soon as
taken to the police-station, made a confession to the in-
spector present, in which he unreservedly admits that he
and the other prisoners are guilty of robbing the person of
the unfortunate deceased, bat he as strongly denies all
knowledge of the way in which the unfortunate man came
to his death. His fellow-prisoners admit the, accuracy of
the confession, the substance of which is, that late in the
night in question the prisoners were in the company of the
deceased, whom they found insensible in the streets. They
contrived to rob him of his watch and money, to an amount
exceeding 51., and left him, they say, under one of the
sheds which stand on the quay here. Of his further pro-
ceedings, or how he came into the Tyne, they profess them-
selves ignorant. The deceased's watch has been recovered,
and the police are busily endeavouring to elucidate still
further this mysterious affair, which is causing great excite-
ment in this town and neighbourhood.
Loss OF THE HANNAH.—SUPPOSED MURDER OF
Tim CREW.—For several weeks much anxiety has prevailed
regarding the fate of the crew and passengers (the latte,rvrfeof
in number) of the Hannah, belonging to Sydney, the k
of which had been discovered on the coast eastward of North
Cape, under circumstances which have caused considerable
suspicion. By the last accounts received, it appears the
Ilannah left Port Nicholson for Sydney in the early part of
January last, having on board a very valuable. cargo, also
600 sovereigns. She was a vessel of 200 tons wart i len, and
her crew amounted to 15 seamen. From the period of her
sailing nothing was heard of her until the discovery of the
wreck twelve miles from North Cape. Five bodies
in a
shocking decomposed state were found on deck, one of which
was that of a female, with an arm and leg. broken. The stern
board of the wreck had been knocked MI, evidently in order
to prevent the vessel being recognised. Part of the cargo
had been saved, consisting of 80 casks of oil ; but the boxes
containing the gold were gone. The opinion at Sydney was
that a mutiny had broken out among the crew; and after
disposing of many of the men, they ran the vessel on shore,
and took to the boats, taking with them the sovereigns.
The authorities at Auckland have dispatch^d a vessel in.
search of the supposed offenders.

AN INTERESTING MEMORIAL. The bronze lamp,
which is said to have first suggested to Galileo the theory of the pen-
dulum, is still suspended in the nave of the Cathedral at Pisa. It is
of fine workmanship.--TR Builder.
A correspondent of the Liverpool Albion says that Sir
Thomas Wilde, on his elevation to the bench, returned the i
f,-es wiiicti be had received n causes yet uni.lie.:, " . departure
from precedent," he adds, "even more heterodox than his
refusal to wept any in the cue of Connell And the state
taverna."