The Sun.
London, England, 1846-05-04 00:00:00

GROUP XL.

This Committee re-assembled this morning ; present, Mr. Angus
tug Stafford O'Brien (in the chair), Mr. Boyd, Lord Norreys, Mr. w."
Ddale, and Mr. H. J. Vivian.
The evidence in the partly-heard case of the
YORK AND NO
XT EN RTH MIDLAN
ON) D maning
ESI

was resumed.
Mr. Birkenshaw, the engineer of the line, whose evidence was
given on Friday last, was this morning cross-examined by Mr. Ser-
geant WILE INS, on behalf of the Leeds, York, and Midland Junction.
The worst gradient on the line under the consideration of the Com-
Mittes Is 1 in 133. The estimate per mile is 21,0001., awl the or.

tion of the line nearest to Leeds, consisted of an embankment, the '
greatest height of which is 33 feet, and the length of the embank-
ment one mile and a half. The cost of the bridge over the A.yr will
be 12,0001., and of that over the wharf 6,0001. Although the pro-
moters of this Bill had stated that the line would not inflict any resi-
dential injury en any party, the line was proposed to pass in front of
the mansion of the Rev. Mr. Armitage, at a distance of seven chains,
and on an embankment of 33 feet. It had been arranged, however,
to pass over that estate by means of a viaduct, which would cost 18,000/.
This line would also pass in front of Mr. Maude's house, at a distance
of about a quarter of a mile, and en an embankment. Both these
gentlemen were, however, assenting parties to the construction of
this line. This line had not a summit about twelte feet lower than
the Leeds, York, and Midland Junction. There would be a point of
detention to the trains passing the Balm-lane station. He did not
think that it would be safe for any train leaving Leeds to
move at full speed until it was two miles distant from
that town. There would be a gradient of 1 in 187 between York
and Tadcaster for a mile and a half, whilst the Midland Junction line
horizontal. This line would travel round Tad-
casterseventeen chains. The Leeds, York, and Mid-
land'euld abte
Junction line would pass much nearer to the town. The plan
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exhibited on the wall of the Committee-room, however, represented the
contrary to be the fact. Witness's assistants had made the plan.
This line ran nearer to Hazlewood (Sir E. Vavaseur's property) than
the Midland Junction line; it would also pass over it on a high
embankment. The plan exhibited to the Committee by the
promoters of this line was also similarly erroneous in this
respect. After that they got into a 40 feet cutting. The gradients
of the Leeds, York, and Midland Junction line, between Tadcaster
and York, were decidedly easier than those of the line under the
consideration of the Committee. Tlesurvey of this portion of the
line was begun in August last, but the bulk of it was done in the
months of October and November.
Examined by Mr. Knowtzs (who appeared for certain land-
owners)—Sir Edward Vavasour had given preference to
this line, although it would pass over his estate. This
line would be no injury to Lord Hancks's property.
The gradients of this line were, on the whole, not
very difficult. The difference of the gradients between this line
and the Leeds, York, and Midland Junction, would be amply com-
pensated by the advantages which this possessed over that line. This
'lin, would go sufficiently near to Tadcaster to afford ample accom-
modation to the inhabitants, and the station there would be the same
as that of the Churchfenton line, which would be a great advantage.
The gradients of the Leeds, York, and Midland Junction line, near
Leeds, would be 1 in 55.
Mr. Sergeant Wuxi/is—That portion of the line is only for goods.
Examination continued—Such a gradient is a very dangerous one.
There would also be a very sharp curve on that line near Leeds. The
proposed junction of this line with other companies' lines, had the
assent of those companies. Mr. Maude was an assenting party to
the construction of this line.
Mr. Sergeant Wu.sifes—He ha.sbeen settled with like the other as-
senting landowners.
The CHAIRMAN—It seems to the Committee that sufficient engi-
neering evidence has been given.
Mr. HILDTAED—I will call Mr. Frederick Swanwick, if the Com-
mittee please, as I think he will state two important facts.
Mr. Frederick Swanwick, engineer, was accordingly called, and
stated that he had carefully surveyed the district over which this
this line would pass some years ago. Finding the difficulties whick
the country presented, he was certainly of opinion, that an indepen-
dent company could not not receive sufficient remuneration from a
line passing over that district such a line should be constructed by some
railway company who were already the owners of a line in that
district. This line would certainly be a better one than its two rivals.
There would also be a unity
of management in favour of this line.
Cross-examined by Mr. Sergeant WILICINS.—Had not generally
been employed by Mr. Hudson, to give evidence in favour of his
schemes. It did not occur to him, that he had given evidence in
favour of any other line than the Wakefield, Pontefract, and Goole.

Mr. Fox, iand-agent, said, that it would take 38,3001. to purchase
the land necessarry for the c,nstructiou of this line. There would
be two acres allotted for stations. _ _

This completed the case for the York and North Midland (Leeds
Extension.)

LEEDS AND YORK.

Mr. Rims, Q.C., then proceeded to open the case for this, one of
the rival lines. The Learned Counsel went at some length into the
history and accommodation of railways in the district between Leeds
and York, and said that no one could deny that it was absolutely
necessary to improve the railway accommodation between York and
Leeds, but It would be better for the public to put up with the pre-
sent state of things than be compelled to take the accommodation
proposed by Mr. Hudson, whose line would be full of dangerous junc-
tions, and Mr. Stephenson whom they had talked of calling, would
have no doubt on cross examination, admitted that the risks at

junctions to life and property were absolutely dreadful to contem-
plate, Mr. Hudson's line involved the necessity of seven junctions
and would be composed of bits of old and new lines, whereas the
Leeds and York would be an entirely new line. Parliament had
over and over again given its direct preference to such lines as that
which he had the honour of representing, over such as Mr. Hudson's.
They had lately done so in the case of the line between Leeds and
Manchester. A few weeks after the promulgation of this line, that
represented by his Learned Friend, Mr. Sergeant Wilkins,
sprung into existence, and subsequently to that came out
the scheme of Hr. Hudson. If this group were sanctioned,
the public would have a direct communication from
Liverpool to Manchester, Huddersfield, Dewsbury, Leeds, and
then, without a single break, to the city of York ; no
such accommodation by eiiher of the other two rival lines. The
advantage of sucq a communication between Liverpool and York
was, to use the very expression of Mr. Hudson himself, " incalcu-
lable " The learned counsel then proceeded to describe very mi-
nutely the route of this line, contrasting it favourably with the routes
of the other lines.
Mr. R. Baker was then examined by Mr, HARDY, after which the
Committee adjourned till to-morrow.

STANDING ORDERS' COMMITTEES.
HOUSE OF LORDS.
Their Lordships met th a day at their usual hour, but owing to
the nen-attendance of agents and witnesses, a considerable time
elapsed before any business was transacted.
Their Lordships present were, this Earl of Shaftesbury, in the
chair; the Duke of Richmond, Lord ilawarden and Ilchester.
EXETER AND EXMOUTH RAILWAY.
This ease came before the committee on second reference,
in order to prove the compliance with Lord Wharncliffe's order—
the deposit of 10 per cent. upon the capital required by the
Act of Parliament and the proper signatures to the Bill. The agents
to the Bill intimated to the Chairman that it was their desire that
the case should stand over till Thursday next. The Committee
agreed to the adjournment. Parliamentary agents, Messrs. Dor-
rington and Co.
WATERFORD, WEXFORD, WICKLOW, AND DUBLIN
RAILWAY.
This case came also before the Committee on second reference.
The deposit of 10 per cent. upon the capital having to be proved, as
well as the proper notices in the Gazette, at the instance of Mr.
Burke, who appeared on the part of the agents, the further hearing
of the case was adjourned until Monday next. Parliamentary
agents, Messrs. Bark, Pritt, and Co.
NEWRY, WARRENPOINT, AND RASTREVOR RAILWAY.
This case, which has been adjourned two or three times already,
was further adjourned until this day (Monday) fortnight. It is un-
derstood that there are some parties anxious to wind up the concern,
and these repeated adjournments are for the purpose of giving time
to have sense of the shareholders expressed by public meetings or
otherwise.
Parliamentary agents, Bryden and Co.
DUBLIN AND SANDYMOUNT ATMOSPHERIC .RAILWAY.
This case which came before the Committee on second reference.
The necessary proofs having been given of the payment of the ten
per cent. upon the capital, and the certificate of the Accountant-Ge-
neral of the Court of Chancery having been proved.
Dord SnarrEsannv intimated that the Bill had passed the standing
orders.
Part iamentary agent, Mr. Waddy.
Their Lordships rose at five a'clock.

QUEEN'S BENCH.-(THIS DAY.)
The Court sat this morning at 10 o'clock, and gave judgment in the
following cases.

HOLFORD V. BAILY.

In this case the defendant was charged with having broken into a
fishery belonging to the plaintiff in the river Usk.
The Court were of opinion that there had been a trespass as laid
in the declaration, contrary to long established rule ; but as the de-
gation in terms sufficiently technical
ethe Court considered *elf bound to
czailsrarrreiesilttai ott
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gnamostee set
several
tfish thet
fishery,

TIIE QUEEN AT THE PROSECUTION OF THE REV. MR. MOLESWORTII,
VICAR OF ROCHDALE, V. JESSE HALE.
In this case there had been an application for a rule for a criminal
information against the defendant for certain alleged libels published
by him, which were stated to have been calculated to injure
the character and position of the plaintiff in the estimation
of his parishioners. The defence set up was, that the plain-
tiff had brought those attacks upon himself by reason
of certain pamphlets, which he had published, and
which contained charges against some of his parishioners which
were not seemly or deserved. The Court were of opinion that some
interference was necessary to put a stop to this unpleasant state of
things between those parties. but they did think it right to discharge
the rule without costs, for they wanted to avoid giving a triumph to
either party against the other, but they should state at the same
time that if there should be any renewal of those attacks
in future, the parties should clearly understand that the Court would
not, by this judgment, consider their hands by any means tied up.
BODMER V. BUTTERWORTH.

This case originated in an action taken by the plaintiff against the
defendant for certain alleged infringement of a patent taken out by
the plaintiff for improvements in a machine for carding wool by
which great facility was given to the operation by what was called
" surface motion." The jury. found for the defendant, and the Court
could see no grounds for disturbing that verdict, for it did not appear
by the evidence that the invention was a novas one, or that there had
been any
BARNES V. SHORE.
Infringement of a patent.

This was a case in which the defendant was charged with disobe-
dience to the ecclesiastical authorities by reason of his having
officiated in an unconsecrated Dissenting chapel, at Exeter, he being
a priest in holy orders of the Eastabllshed Church. The Court were
of opinion that this was not a ease for this Court, as it was a ques-
tion of clerical disobedience, and one coming within the jurisdiction
of the ecclesiastical authorities.