The Sun.
London, England, 1848-08-18 00:00:00

THE NAVY.

PROMOTIONS.
Mates—Henry Anson Ford, Augustus Bissel Hodgkinson
and Rowley Lambert, to the rank of lieutenants.
The Diamond, 38-gun frigate, will be launched from Sheer.
news Dockyard on the 29th instant, about mid-day. This,
vessel was commenced on the 23d of July, 1846, on the de-
sign of the late surveyor of the navy, and has been superin-
tended in construction by three eminent master shipwrights
of the yard in which she has been built—Messrs. Atkins,
Watts, and Reed. She is considered a very pretty model,
and likely to prove a very serviceable vessel. The following
are her principal dimensions, armament, &c.

Feet. In.
Length between the perpendiculars ... 140 0
Length of keel for tonnage ••• ... 113 4
Breadth extreme
42 2
Breadth for tonnage ... 41 10
Breadth moulded ... ••• 41 10
Depth in hold
11
Burden in tons, 1,054 49-91.
A RMAN ENT.
Pounders. Cwt. Ft. In.
32 ... 45 8 6
8-inch 56 9 0
32 ... 26 ... 6 6
8-inch 56 9 0

No.
Main deck ... 20
Quarter• deck 1

, t ,t •• • •1
Forecastle ... 1

I, ~ ... 2

•.• 25

... 6 6

T0ta1...,,, 28 long heavy guns
Before another ship is built at this yard, the housing over
the slip is to be lengthened 45 feet, and the stone-work car-
ried out to Correspond. On Tuesday. the stern of the hous-
ing was commenced, being removed preparatory to the
launch.

WOOLWICH, AUG. 17.—The Plumper steam-vessel, fitted
with two engines of 30-horse power each, by Miller and
Ravenbill, and propelled by a screw, has been brought down
to 'Woolwich, and is now taking on board a supply of coals
and ballast, to truing her down to her water line preparatory
to being tried down the River.
The Spiteful steam-sloop has not been able to leave for
Sheerness, as ordered, in consequence of a delay in receiving
her tanks from Deptford. Saturday, the 19th inst., is now
fixed for her departure from Sheerness.
The workmen employed on Mr. Cochran's sawing machine
commenced cutting timbers yesterday foe the Brisk, a new
war steamer, of 250-horse power, and to be fitted with a
I screw-propeller, ordered to be built at this dock-yard.

ASSIZE INTELLIGENCE. ,
WESTERN ClRCUlT.—Devizes, August 16.
(Before Mr. Justice COLERIDGE.)
George Pargeter was indicted for the manslaughter of
Arthur Augustus Lea on the 10th of May, at Swindon.
Mr. Slade and Mr. Cole were counsel for the prosecu-
tion ; and Mr. Stone and Mr. Cox for the prisoner.
Mr. Sl.Jaan stated that ho appeared on the part of the
Crown to conduct this prosecution, which arose out of a
lamentable and fatal accident which occured on the
Great Western Railway, at Shrivenham, in Berkshire.
The prisoner was 'charged with neglect of duty on the
10th of May as a policeman on the line, by which neglect
the accident occurred which occasioned the death of the
deceased. If the doing a thing was a plain and ordinary
duty of a man, and if the man exercising care and
caution would have performed that duty—if he omitted
to do that, the man would be guilty of a want of
reasonable, ordinary, and proper care, and if death en-
sued in coneequenco the man would be guilty of man-
slaughter. The duty of the prisoner was to keep the
line clear at this station and its neighbourhood from all
casual and wilful obstruction ; and in the event of any
obstruction being upon the line his duty was to make
certain signals, so that the drivers of engines might
have notice. The duties of a policeman were plainly
expressed in printed instructions, which were given to
the different servants on the line. There were day sig-
nals and night signals. The day signal was indicated
by a policeman pointing with his right arm extended,
and this showed that all was clear. If there was reason
to apprehend danger, although no actual obstruction
existed, he wax to hold up his hand in a vertical posi-
tien. If there was an obstruction on the line the orders
were to hold up both hands in a vertical position. In
addition, there were certain signal posts upon which was
placed a round disc, and underneath that disc there was
a crAs bar. When the diso was turned on the cross bar
was not eeen, and when the cross bar was turned on the
disc was not seen. The " all-right" signal was the turn-
ing on of the dise. At the Shrivenham station, when
these 4g-nals were turned on at the top of the high post
or mast, the driver had an opportunity of seeing them
at a distance of two miles; and it was the duty of the
polieeman, if there was any obstruction on the line, not
only when the train was approaching, to hold up both
hands, but it was his duty to have turned on the cross-
bar signal. There were two express trains, one leaving
Exeter at half-past six in the morning, and arriving in
London at eleven, and and another leavingc, Exeter at
twelve, arriving in London at half-past four. This
latter train was duo at Shrivenham at a very short time
of or three o'clock, and it went through that place at a
speed of from 55 to 60 miles an hour. On the day in
question the express-train left Exeter at twelve o'clock.
It was due at Shrivenham a little after three, but in con-
sequence of some delay below it was a quarter of an
hour later. At the time of the accident, the train being
momentarily expected, it was the duty of the policeman
to keep the line clear. lie ought to have kept a bright
and sharp look-out, so as to take care that no obstruc-
tion existed. At three o'clock the " all right "
signal was turned on, and continued so at
sixteen minutes past three. The driver of the express
train saw the " all right" signal on his approach to the
station, and he saw the prisoner standing at his box
makik the " all right" signal with his arm; but at that
veyy time there was a horse-box on the line and a cattle
trues hanging over the line. The train came with
amazing violence against the cattle truck. The sides of
many of the carriages were torn, and several persons
were killed and a great many wounded. Mr. Lea was
thrown out upon the line; both his legs were broken; he
bad severe internal injuries; he lingered until the 13th
of May, on which day he died. After the driver saw
Pargeter, he saw another man cross the line and hold up
both hands to indicate immediate danger; but it was
then too late. Experiments had since been made to
ascertain how long the obstruction had been on the line;
and from those experiments of turning trucks on the
turn-table, as had been done on that day, it was evident
that this obstruction had existed for five minutes before
the arrival of the train; therefore it was believed that the
jury must come to the conviction that the prisoner had
been guilty of gross negligence.
In- the course of the examination of the witnesses,

one-Of them stated that he saw the cattle-truck and
horse-box placed upon the line, but that was done not
more than a minute before the train came up. The
driver of the express train that day stated that he saw
the " all right" signal on two miles from the station;
in consequence of some bridges ho lost the sight twice,
but be had the signal in view for more than half a mile
from the station, and had anything then been shown to
indicate danger he could have pulled up. On approach-
ing the station ho saw the horse-box and cattle-truck on
the line, and then blew his whistle for all the breaks to
be put down; bi. 4 the distance was too short, and he
could not prevent the collision. The engine threw the
cattle-true& upon the platform; it must then have fallen
back, and it completely gutted the carriages, tearing the
papeengers out. It was proved that it took from a minute
to a minute and a halt to move the horse-box from the goods
shed to the place where it was standing on this occasion,
and it would take about the same time to move tho
cattle-truck afterwards to the place where that was de-
posited, and then it would take two and a half minutes
to move a goods track as it was moved on that day. It
was impossible the policeman could have helped seeing
the cattle-truck and horse-box had ho been looking that
Wily: He was standing 400 feet from the spot where
enose trucks were standing. The down .train had only
gone five minutes before the accident. It was eighty
yurds from the down signal-post to the up signal-post.
The prisoner had to attend to the gates of a crossing in
addition to attending to the signals. The body of Mr.
Lea was picked up immediately after the accident. He
wee taken to the station at Swindon, and he died there.
Both his legs had been fractured, and there was a severe
shock to the system. He died from the rupture of a
vessel on the brain caused by a reaction of the shock.
The station-waster, Corbett Hudson, was called, but
did not answer, although ho had been bound over to
appear.
Mr. STONE complained of his non-appearance.
Mr. Justice COLERIDGE said that, even at this mo-
ment, if the Learned Counsel wished it, he would post-
pone the trial.
Mr. STONE would not take advantage of his Lordship's
offag. The Learned Counsel then addressed the jury for
thb prisoner. There must be a great and undoubted
neglect of duty shown before they could convict the pri-
soner. He submitted that this was all the result of acci-
dent. The duties of the prisoner were very difficult to
perform. He had to watch two gates to a road crossing
on a level, and these gates had not locks on them. The
watching those dates, therefore, became of the utmost
importance. The up-train that day was late. The down-
train, which was due a't 3h. 17m. name down earlier than
usuoi. The station clerk crossed the line in order to at-
tend to the down-train, and all persons were engaged
upon it until it started. The evidence of that station
clerk would have be* of the utmost importance to the
prisoner, but unfortunately he was not here; he did not
blame the prosecutor for his absence. The evidence now

was, that the obstruction was not on the line more than
one minute, and it was not in the power of the prisoner
to have gone the 80 yards from the down signal, which
he had to regulate on the dispatch of the down-train, to
the upper signal, even had he seen the obstruction. He
submitted that there had not been such great negligence
as to make the prisoner responsible, and to induce them
to find him guilty of a felony.
A clergyman, of Corsham, gave the prisoner a most
excellent character as a most cautious and attentive man.
Mr. Justice COLERIDGE then summed up the case to
the jury. Tho public interest was best served by a strict
inquiry into these matters when they arose. Ile thought
the prosecution a most proper one, because it was rea-
sonable, when these great evils occurred, to suppose that
some persons had caused them by want of care and cau-
tion. Such matters should bo diligently examined, and
the parties, if guilty, should be brought to justice. The
prisoner was charged, that, having undertaken a certain
office, the performance of which affected the lives and
property of her Majesty's subjects, and care and caution
being necessary, he had been wanting in that due care
and caution. Two propositions were involved in the
question—first, that he had not used due care and cau-
fon ; and secondly, that the want of that care and cau-
tioa had occasioned the death of the deceased. If they
should think ho had been guilty of a want of due care
and caution, still, if they were not satisfied that the
death had bees caused by it, ho was not guilty ; and
if he had caused the death, but not in consequence of
want of due care and caution, then he would not be
guilty. Whey must be satisfied in the affirmative on
both points, that he had not used care and caution, and
had occasioned the death. As to the degree of care and
caution that might be required in any case, that must be
measured by the consequences which would result from
the want of them. Let them take the case of a car-
penter who, with a knife or any implement, was cutting
a via( ; it was not of much consequence whether he cut
too deep or not, and if he did cut too deep it would not
be said that ho had been guilty of want of care. But let
them suppose the case of a surgeon performing an ope-
ration nom a vital part; they would require that in the
use of his knife he should exercise a much greater degree
of tare and caution than they would expect from the car-
penter cutting a stick. They must look at the conse-
quences of tbr want of caution in order to estimate the
degree necessary. it was a part of a man's undertaking.
He must look to the duties he had to perform, and he
undertook to bring a proper amount of skill and care and
elution in the exercise of his duty, in proportion to what
that office reasonably required from him. A person
in the prisoner's situation ought to be a very
careful and a very cautious man, because the
e
onsequenees of the want of it were so very fright-
ful.
he prisoner knew that upon that line carriages
were ' Carried at a rate of sixty miles an hour, and that
they came with such a force hat they would destroy a
house if they came against it. He knew it would re-
quire a cectaiti space of time to. stop the carriages; he
therefore knew t requiredn him to be very cautious to
keep the line. clear,
thata dtih it were not clear to give the
earliest intelligenceere was an obstruction; there-
fore they had a rigih3ttoexect from the prisoner great
list, on
care and caution. the other hand, they must re-
member-that they were trying a m who was an infirm
and fallible! creature and therefore they would deal with conduct candidly. They would
but they would
not require from him
prisoner
absolute pert( ction of care and
caution,.lieit riad used due
gay, upon the facts, whether theege
of
oi
and proper caution in the discharge
duty; and then
to determine from the evidence whether, supposing that
he had done all that lie could from the t
have seen the obstruction—whether, even then,e ought to
the train
corning at the rate it was coming at, could have been
ate' pet]; because if he had not such time that doing all
be could the train uld not have been stopped, and the
accident would have happened though he had been dili-
gent, then it could not be said that his want of diligence
had occasioned the accident.
The jury found the prisoner Guilty.
Mi. Cox then moved, in arrest of judgment, that the
evidence did not support the indictment, and that the
indictment ought to hare set out the duties required of
the prisoner. The averment was, that the prisoner was
to perform certain dutiee according to certain rules and

regulations. Those rules and regulations were not
stated. Secondly, it was not alleged that the prisoner
had knowledge of the obstruction. Thirdly, it was
averred that it was his duty to make certain signals,
without stating what those signals were.
Mr. COLE was heard in answer.
Mr. Justice COLERIDGE decided against the motion,
and sentenced the prisoner to three months' imprison-
ment. His Lordship, in passing sentence, observed that
he had a difficulty in passing a lenient sentence from a
fear that it would be misunderstood, and that persons
might imagine they could be negligent with impunity ;
but he wished all to understand that should anything of
the kind again occur, parties might be assured their
punishment would be very severe. He trusted that
should the prisoner, after suffering his imprisonment, be
reinstated, he would never be otherwise than most dili-
gent in the discharge of his duty.
James Weyhury and William Willoughby, the porters,
were indicted for the same offence.
Mr. COLE, on behalf of the prosecution, said, that
these parties were the porters by whom it was alleged the
horse box and cattle truck had been put upon the rail.
They had already been tried on the charge in Berk.
shire, and had been there acquitted. As the facts were
precisely the same he should not offer any evidence.
The prisoners were consequently Acquitted.
As soon as these cases were disposed of, Mr. Justice
Coleridge set out for Bristol.
Bristol, August 17.
Mr. Justice COLERIDGE opened the commission in
this city yesterday afternoon. The causes were entered
very slowly in the evening, and at the sitting of the
Court this morning the causo list came out with twenty-
three cases in it.

ROME ClRCUlT.—Guildford, Aug. 17.
The business of this assize progresses very slowly.
Mr. Justice Coltman finished trying the prisoners on
Tuesday evening, and proceeded to town without taking
any of the causes, a number of which still remain to be
disposed of. The Lord Chief Baron has been engaged
during the last two days in trying common-jury cases,
but none of them possessed any feature of interest to the
public.

POLICE INTELLIGENCE.
MARLBORO UGH-STREET.
Mary Ann Edwards, a girl about sixteen years of
age, was brought before Mr. Bingham for final examina-
tion, charged with stealing a quantity of silver plate, the
property of Mr. Rees Silvanus Bamfield, Percy-street,
Itathbone-place.
The prosecutor stated that he lodged at Mr. Tate's,
Percy-street, Rathbone-place, and the prisoner was
servant there until the 22d of July, when she left in
consequence of some disagreement. On Sunday morn-
ing, the 23d of July last, witness missed from his sitting-
room, two silver salt-cellars, twelve silver spoons, a
butter-knife, and various other articles, his property, and
worth about 101. He had seen the property safe in the
sideboard drawee the previous night.
Eliza Clifton said she was servant to Mr. Fred. Henry
Tate, Percy-street. On the 23d of July last, a little
after seven in the morning, the prisoner came there and
asked if she could see Mrs. Piper, a person who lodged
on the second floor. Witness said " Yes," and let her
in. She went up stairs, and in about ten minutes she
(witness) heard some one run down stairs, go out and
shut the street door. About a quarter of an hour after
that witness went into Mr. Bamfield's room, on the first
flpor, and missed the articles named by him, which she
had seen safe there the previous night.
Emma Boughton said she was servant at 23, Percy-
street. A little after seven, on the 23d of July, she was
in the drawing-room, and saw the prisoner looking down
the area of Mr. Tate's house, on the opposite side of the
way. Witness then saw the prisoner go into the house,
and in about ten minutes afterwards she saw the prisoner
come out with a large bundle under her shawl, and im-
mediately run up the street.
John Sergeant, 65 E, said, on Saturday last he took
the prisoner into custody, and took her on suspicion of
having stolen a quantity of plate from 18, Percy-street.
She denied all knowledge of the robbery, or having any
idea where Percy-street was, but when she arrived at
the station witness heard her state that she lived as ser-
vant with Mr. Tate, 18, Percy-street. Witness saw her
in that street at about twenty minutes before six on the
morning of the robbery, and he spoke to her at the time.
The prisoner, who protested her innocence, was fully
committed for trial.

SOUTHWARK.
James Stevens alias Parrott was brought before Mr. '
Cottingham for re-examination, charged with stealing
upwards of 2001. worth of Daguerreotype portraits, the
property of M. A.:Claudet, King William-street, Strand,
and of Mr. J. E. Magall, of the Daguerreotype Institu-
tion, West Strand.
Mr. Frederick Claudet stated that tho mahogany case
and 13 daguerreotype pictures, with cases,' frames, and
glass (produced), are the property of his father, and
were placed in a case which was daily exhibited outside
their door, for show as specimens. That ho missed the
the frame and pictures about half-past ten o'clock on
Saturday morning last, and Lin the course of the same
day he saw the prisoner in custody, and the case, con-
taining 13 pictures, in the possession of Moy, the po-
liceman.
William Barton said he was in the employ of Mr.
Claudet, and that he was in the habit of hanging out the
case containing the pictures, and fastening it .to the
door by a padlock. He added, that he missed them from
the situation in which he had placed them in an hour af-
terwards, on Saturday last.
Moy, the policeman, stated that on Saturday morning,
between eleven and twelve o'clock, he took the prisoner
into custody at a pawnbroker's-shop, in Blackfriars-
road, and at the same time received one of the pictures,
which the pawnbroker said the prisoner had offered to
pledge. Ho (the policeman) searched the prisoner, and
found in his pockets two other pictures, and some brass
fittings, claimed by Mr. Claudet; also the duplicate of
another picture, pledged at another pawnbroker's shop.
The prisoner refused to give his address, but witness
subsequently ascertained that he lived in Back-court,
Bear-lane, Blackfriars-road. On going there, he found
a woman who answered to the name of Parrott, and in
the room he discovered a mahogany case, also nine
other pictures claimed by Mr. Claudet, and some others
of a similar description, belonging to another artist.
Mr. John Edwin Magall stated that he resided at No.
433, West Strandland that he is a daguerreotype artist;
that on Friday last he missed from the front of his house
a mahogany case of daguerreotype portraits,-,value 1001.
The lock had been forced from the frame where it was
fixed. It was the custom to put out that case, as speci-
mens, between eight and nine o'clock daily. The five
portraits and view produced are part of those he missed
on the day in question. He added, that he never re-
membered having seen the prisoner until he was taken
into custody, and also that he was of opinion that
another man must have assisted the prisoner in remov-
ing the mahogany case from the situation where it was
taken from.
Frederick Cobden stated that he is in the service of
Mr. Magall, and remembered putting out the specimen
case and pictures on Friday morning, between eight and
nine o'clock. He placed out two cases, and they were
fastened together with a padlock, and ho missed them in
about an hour afterwards.
Joseph Hodges stated that he is shopman to Mr. Fol-
kard, in Blackfriars-road, and that on the morning of the
11th inst., the prisoner brought a Daguerreotype minia-
ture and pledged it. He told him that he had it to make a
case. The next day the prisoner called again and brought
another protrait, but witness having previously received
information of the robberies committed on the complain-
ants, sent for a policeman and gave the prisoner into
custody.

Mr..CorriptcHais asked the prisoner if he wished to
make any statement on the subject of the charge, but
his reply was, that at present he declined saying any-
thing, and that he should reserve his defence until he
was put on his trial.
The MAGISTRATE then committed him for trial to the
Central Criminal Court.
NAVAL INTELLIGENCE.

Rear-Admiral Sir C. Napier, K.C.8., is expected to
return to Cork immediately, and, collecting the squadron
placed under his command for particular service, to
proceed on a cruise in pursuance of original orders.
The Frolic, 16, Commander Vansittart, had arrived at
Cork, from Waterford, and had been ordered to take on
board three months' provisions. The Recruit, 8, Com-
mander Cracroft, screw-schooner, had arrived at Kings-
town, from Cork.
Colonel Irvine, C. 8., chief director of engineering and
architectural works, has proceeded on an official visit to
Devonport.
Mr. R. Martin, master sailmaker in the Russian ser-
vice, is at Portsmouth Dockyard, on a visit to the estab-
lishment by permission of the Admiralty, to make him-
self acquainted with the improvements which of late
years have been made in sailmaking in the British
service.