The Sun.
London, England, 1846-09-26 00:00:00

Liberals.

•
St. Arm
St. Clement ...
St. George
St. James ... ...... .....
St. John

!None.

St. Margaret .
St. Martin 1
St. Mary
St. Paul
Savoy

206 24

II 263

Mr. Huggett, secretary to the Westminster Reform
Society, and Mr. Trott, appeared to assist the Liberal
interest, and Mr. Score watched the proceedings on be-
half of the Conservatives.

The list of the parish of St. Anne was first gone into.
John Price Jones claimed to be placed upon the re-
gister. He rented apartments at a rent of ss. per week.
The landlord resided upon the premises.
The BARRISTER said, the Court of Common Pleas had
distinctly laid down the rule that where the landlord re-
sided upon the premises the house was under his con-
trol, and the other tenants only lodgers, having no right
to vote.

Mr. Jones considered that he was entitled to a vote,
and wished to appeal.
The Learned BARRISTER said the law was so clear
that he could not grant a case. It would be wasting
the time of the Court of Common Pleas.
Claim disallowed.
Mr. IV. James Barry claimed to be placed upon the
register on which his name was placed last year.
The overseer said the reason of omitting Mr. Barry's
name this year was because the assessed taxes were not
paid.
The claimant said the landlord paid the taxes, al-
though he (Mr. Barry) had claimed to be assessed.
Mr. Trott submitted that, in the 27th section of the
Reform Act it was prescribed that " the voter shall pay
all taxes due from him." The two latter words were
especially introduced to meet a case where a landlord
should omit to pay rates and taxes, and thus disfranchise
the tenant.

Mr. MoYLAN said, the tenant should find out what
taxes were due in respect of his occupation. He could
see no distinction between assessed taxes and poor•rates.
Although entertaining a strong opinion upon the point
that the non-payment was fatal to the claim, he would
take time to consider.

The lists of St. Paul's, Covent-garden, and St. Clement
Danes were then gone into; in the latter parish, and also
those of St. Mary-le-Strand, and the Savoy, without
producing any point of interest.
In St. Martin's parish Frederick Rice Farlow claimed
to be inserted on the register in respect of a counting-
house upon the Adelphi Steam-boat Pier. The pier, of
which he possessed one-tenth share, was rated at 501. a
year, and the rental was 1001. per annum.
The BARRISTER allowed the claim.
The list of St. Martin's being completed, the Barrister
adjourned the Court until this day at 11 o'clock.

EAST

SURREY.

The revision of the list of voters for the eastern divi
sion of Surrey was resumed yesterday at the Court.
house, Croydon, before Mr. S. C. Fiche, Revising Bar
rister.

Mr. Drummond attended for the Conservatives, Mr.
Russell for the Liberals and free-traders, and Mr.
Richards for the Agricultural Protection Society.
The list taken was that for the hundred of Walling-
ton. Here, as at Reigate, the Learned Barrister felt
compelled to notice the remissness and indifference
exhibited by parties against whom objections had been
taken, as to whether they were retained on the register
or not. The slightest information with respect to their
qualifications, either by person or letter, would be
enough ; but be objected to being driven to rely on the
casual evidence of persons who happen to be present in
the Court as to the property of absent parties.
Mr. Drummond trusted the Court would not insist on
stricter evidence than was thought sufficient on the
former occasion.'
The REVISING BARRISTER had done so in the hope
that parties would have taken advantage of the interval
to forward the necessary information; but the warning
did not seem to have had this effect, and the taking such
hearsay evidence rendered the business a mere farce.
By the forbearance of the Court, however, many votes
were retained with respect to whose qualifications only
this secondary evidence could be obtained. The majo-
rity of the objections were founded upon misdescriptions,
which were amended, and the votes retained. The
greatest number of new claims was made by the Liberals.
In the case of Mr. Bristow, of Beddington, the Court
was applied to to amend a misdescription of his qualifi
cation, which was erroneously printed in last year's list
as a leasehold instead of a freehold.

Mr. Drummond considered this one of the cases in
which the Court could interfere to prevent persons being
prejudiced by the error or neglect of an overseer. Mr.
Bristow had never claimed on a leasehold, but had al-
ways been registered as a freeholder, with the exception
of last year.
Mr. Russell contended that the Court had no power
to rectify the mistake by changing the qualification.
The REVISING BARRISTER deelined to make the cor-
rection; if the party had only taken the trouble to see
how he stood on the list, and sent.in a fresh claim, the
error might have been corrected without difficulty.
The vote of Alexander Annan, of Sutton, was ob-
jected to on the ground that he had signed a contract
for the sale of his freehold previous to the 31st of July.
The decision was deferred for the production of the con-
tract itself. _ _ _

The following is the result of the day's proceedings:—
Of 166 objections made by the Liberal interest, 40 were
sustained; the remainder corrected and passed; 189 new
claims have been made good and placed on the list of
the free-traders; arid up to this day they estimate their
gain on the register of the Croydon and Reigate districts
at 229.

After the list had been gone through Mr. Drummond
submitted to the Learned Gentleman the opinion of Mr.
Arnold, barrister, upon the point involved in the cases
of the clergymen whose votes were struck out provi-
sionally at Reigate, their qualifications as proprietors of
tithes in freehold having been changed by commutation
in their respective parishes to a fixed rent-charge. The
opinion of Mr. Arnold supported the argument of Mr.
Drummond, that the votes ought to be retained, the
qualification being substantially the same.
The REVISING BARRISTER, having read the opinion,
said it had not induced him to alter his view of the case ;
he did not think the Learned Gentleman was correct ;
he treated the rent-charge and the freehold of tithe as
ejusdem generis ; he (Mr. Fishe) thought they differed in
many respects ; the qualification was changed altogether.
He would, however, give the opinion further considera-
tion, and reserve tho decision.
The votes of ten clergymen are affected by this re-
served point.

MANSLAUGHTER IN LIVERPOOL
OF A WIFE BY HER HUSBAND.
The particulars of this case, so far as they had trans.
pired, were published in The Sun yesterday. An in-
quest was held upon the body before the borough coroner
on Wednesday.
Bridget Smith was the first witness called. She said—
I am daughter of James Smith, and am at present living
in the house of the deceased. Her name was Catherine
Tully. Her husband's name is Owen Tully. They re•
sided in Thomas-street. On Monday evening last the
deceased and her husband sat down to tea together, and
while they were taking it two women came into the shop,
and Mrs. Tully went to serve them. After they had
done tea, Mr. Tully said to the deceased, " It's no use
me trying to keep a shop when you have so many women
coming about you drinking when my back is turned."
The deceased then said, " Am I drunk now?" and he re-
plied, " Yes, you are." She then answered, " Well, if I
am, let it be so." He then struck her on the side of the
head with his fist while she was sitting on a chair. He
went out into the yard, and deceased called out, " Oh, my
head." I sent a little girl for Mrs. Murphy, a sister of
the deceased, and she came, and said to the deceased,
" Sally, mend you, there's always women here when
I come in." Mrs. Tully then got up to strike Mrs.
Murphy, and Mr. Tully got up and made a blow at the
deceased over Mrs. Murphy's shoulder, but the deceased
stooped down and avoided it, and he then gave her a
kick about the lower part of her abdomen. Two women
came in and put her on a chair, and I then saw a large
quantity of blood on the floor just where she had been
standing. As soon as she got the kick she gave a great
scream. The deceased was taken
.up stairs, and soon
after she died. The deceased was a little in liquor, but
Mr. Tully was quite sober. She was not in the habit
of getting drunk. I have not seen Mr. Tully since.
The deceased and her husband used occasionally to
fall cut.
John Taylor-1 am a surgeon, and have made a post
mortem examination of the body of the deceased. On the
external parts of tire body I found lividness on the lower
parts of the abdomen, and an abrasion on the lower part
of the right buttock, and the left labium was engorged
with blood. Internally I found a detachment of the
placenta, from which an immense quantity of blood had
flowed before death. The whole of the organs of the
body wero quite blanched, and free from the ordinary
quantity of blood. Loss of blood was the immediate cause
of death, and the result of external violence on the geni-
tal, such as a kick or a blow.
After a brief address from the Coroner, a verdict of'
manslaughter was return against Owen Tully, of whom
no tidings have as yet been heard.
The foreman said the jury had just been handed is. Gd.
a-piece (183.) for their services, and he begged to ask the
coroner whether he had any objection to send that sum
as a donation to the Blue Coat Hospital ?
The Coroner said he should be happy to transmit it.
On putting the question, however, the foreman was
surprised to find that only six of the jury would relin-
quish their individual claim to the is. 6d.
A donation of 9s. and an additional shilling from the
foreman, making Ws. in all, was therefore sent to the
hospital,

CENTRAL CRIMINAL COURT.
OLD COURT.
MANSLAUGHTER ON THE EASTERN COUNTIES RAILWAY.
(Continued from our Afternoon Edition of yesterday.)
Brown resided at Tottenham, and was formerly in
connexion with Mr. Jackson, the contractor. He knew
the prisoner, who had entered their service in June,
1844, and after being a short time employed as fitter, he
was subsequently made engine-driver, and drove on the
line each day for about six months. He seemed to wit-
ness a careful, cautious man—in fact, extremely so, and
was well acquainted with the signals.
Cross-examined by Mr. CHAMBERS—He thought it in.
dispensably necessary that there should be a competent
fireman sent with the driver.
John Bennisch proved that Clare had been in the
habit of driving engines.
Cross-examined by Mr. CLARRSON—He knew nothing
of an engine himself, but he supposed all was right as
nothing went wrong when he had seen him driving.
Thomas Scott, under-foreman of the locomotive de-
partment, went with the prisoner Clare and Quennell,
the foreman, to Romford with a disabled carriage, and
they afterwards returned with some trucks, and two
other persons in the employment of the company. One
of the men came up to him, but he did not give him per-
mission to get upon the engine. The other man was
taken up on the. road. After they got the trucks they
waited at the Romford station till the passenger train had
passed. He could not say how long they had waited, but he
should suppose some fifteen minutes. At Ilford the
signal was down, and stopped the engine, because, as he
said, "it was against them." When the signal was
raised, they passed on at the rate of from twenty-
five to forty miles an hour. He could see the
steam of the passenger train at Ilford. He
started from that place some six or eight
minutes before witness, and those with him stopped.
When they left Ilford they started at the same rate as
before. There was no train expected to follow them
soon. He did not see the signal until he was at it, and
then he saw red. The engine-driver was then blowing
his whistle. He noticed the train at the platform after
they had passed the signal, and they then tried to stop
by easing their breaks, but were unsuccessful.
Cross-examined by Mr. CHAMBERS—He' was ordered
to send Clare with the engine to Romford, and he did
partially order Quennel to go as fireman. Clare said
" Here is Bill, Bill can go." Witness asked Quennel if
he had " fired" before ? He answered, " Yes." He
might have read the notice in the engine-room, that no
" fitter was to drive an engine." He had often seen it
since. He dared not send a competent engineer, when
his master ordered him to send Clare. The back of
the signal was white, and any person looking at it from
the bridge would Gee no other colour. The average
of an engineer's pay might be five shillings or
6s. a day. A fitter could make 30s. a week. An engine-
driver had 6s. a day. After leaving Ilford, and
before they reached Forest Hill station, two miles from
Stratford, Clare shut off the steam, so as to go slower.
There was no signal at the Forest-gate, and he turned on
the steam again. There was a man who put his head out
of a box window on the hill, but he observed no signal.
He knew that it was customary where there were no
standing signals to have men stationed on the line.
The most expeditious way to stop the engine would
be to turn the steam the opposite way, and apply
the breaks to the tender. If the valves were out of
order the engine would not act :so readily. He tried to
make the breaks act, but they did not do so readily.
The Fire-fly had since the accident been taken to
pieces, but it would no doubt be brought into use
when thoroughly repaired. The chimney of the en-
gine was somewhat damaged when Captain Cod
dington tried it next day. He was not aware that
it had been repaired before that time. 'Witness
had been given into custody along with five others, but
he was discharged after being before the magistrate.
He saw the engine taken to pieces, but he did not ob-
serve that the reversing lever was out of order. He had
no doubt that there was something to do with it. There
was a piece of string on the top of the lever at the time
of the accident, which was intended to supply some de-
fect. He did not see that the regulator was not in order.
William Winstead was employed to repair the engine.
Mr. Samuels was the resident engineer. Neither Mr.
Locke nor Mr. Braithwaite attended, to his knowledge.
Charles Tomlinson was taken up on the engine on the
day of the accident. Clare was driving, and witness
observed him trying to stop the engine at the second
bridge from the station. He did not remember coming
into the station. He believed he was on the tender
after, but he was so frightened as to be utterly uncon-
scious of what was going on.—(Laughter.)
William Kent, plate layer on the Eastern Counties
Railway, was near the Ilford station, and saw the train
passing and the engine following at a distance of less
than a mile, and going much faster than the train.
George Birch, manager of the signal at the Ilford
station.—He remembered the arrival of the Ilford up
train on the day of the accident. It was due there at
46 minutes past three; while the train remained at the
station, and while the signal was down he saw an en-
gine and some trucks which stopped when the signal
was seen. After the train had gone on five minutes he
made the signal to come on slowly, which was attended
to. He had known Clare drive engines before on the
Cambridge line.
Cross-examined by Mr. MONTAGUE CHAMBERS—The
Ipswich train was fifteen minutes after the time it be-
came due. It was the duty of the station-master, when
a train departed and another was to come in immediately
after, to hang out a red ball to the first train, in order
to keep the line clear. They had not done so at Ilford,
because they were not aware that there was another
train approaching.
Mr. MONTAGUE CHAMBERS—Why, you say the two
trains were at the station. Witness—The signal was
considered sufficient.
Mr. MONTAGUE CHAMBERS—Then you don't think
it necessary to attach the red ball ? Witness—Not to
ordinary trains.
Mr. Justice MAULE—But this was not an ordinary
train ; it was an extra train? Witness—But we thought
the signal sufficient.
Mr. Justice MAULE—Then your not hanging out this
red ball was contrary to your orders.
Witness—We only do that when the train is a spe-
cial one.

Mr. M. CHA➢IBERS—Then several trains aro allowed
,o pass on without the red ball, although trains are ex-
pected to follow immediately.
Witness—Precisely ; the red ball is always placed in
case of special trains.
Mr. M. CHA.MBERS—Then it is only for the benefit of
the directors, when they are on the line. You take
especial care of them.—(Laughter.)
Witness—l can't say how that is, sir.
Mr. Justice MAULE—How far is Forest-gate from Il-
ford ? Witness—About a mile.
Mr. Justice MAULE—Then if the red ball had been
attached the man at the Forest-hill station would have
been able to stop the train that followed.
Cross-examination continued—The windlass that
worked the fans was distant faom the latter about 150
yards. He did not know what the signal of one yellow
fan meant.—(Laughter.)
Mr. M. CHAMBERS—And yet you act as station-
master at Ilford. What do the other colours mean?
Witness—The green meant caution ; ono red below
the green meant that there was something in advance ;
two reds meant to stop altogether. In foggy weather a
lamp was placed under the fans, but it did not always
show them.
Thomas Scott considered the prisoner a competent
person to drive a train.
Cross-examined by Mr. CLARICSON—The prisoner ap-
plied to him to be allowed to drive a passenger train,
which application was refused. He was allowed to drive
a goods train, because the driver on the latter did not
require to look out so sharply as on the first.
John Thorpe, engine-driver—Knew Quennel, who was
removed from the London and Birmingham Railway for
incapacity.
Mr. Samuels, resident engineer on the line, proved the
distances of the signals from the different stations, and,
in cross-examination, admitted that if the red board had
been affixed to the preceeding train the collision might
have been avoided.
Captain Coddington, R.E., attached to the railway
department of the Board of Trade, went down to Strat-
ford, and examined the station and windlass. The signal
could be seen from the platform, and on the other side
for 200 yards. With the view of testing whether this
was sufficient to enable a person of ordinary
prudence to stop before entering the station,
he got the Fire-fly and the same trucks, and
going to Ilford, he came back to Sratford
at the rate of 25 miles an hour. Without any previous
concert with the driver, he ordered him to stop at a point
445 yards from the platform, and the engine was stopped
in time by the simple application of the breaks. He then
went on, and when he came opposite a place where a man
was placed with a red flag, he ordered the breaks to be
applied again, and the engine, though going before at
the rate of 30 miles an hour, stopped at the distance of
468 yards. He went to Ilford again, and although he
performed the half-mile before coming to Stratford in
58 seconds, he was enabled, by the application of the
breaks, and reversing the engine, to stop short some 10
or 12 yards of the station. A shower of rain came on at
the time, which rendered the action of the breaks less
perfect. When he applied the break, he observed that
four wheels out of the six were locked, and the remain-
ing two revolved very slowly. When the engine was re-
versed, he found it to act very well. In his opinion, the
means at the disposal of an engine-driver of skill and
care would be sufficient to prevent any collision with a
train at the Stratford station, if he adopted the proper
precautions when he came in sight of the signal.
Cross examined by Mr. CHAMBERS—He did not drive
the engine himself, but he did not require to stoop in
order to see the signal. If the driver of an engine were
not well acquainted with a line he should have the as-
sistance of a competent fireman. He should not be
afraid to drive over a length of 25 miles if he had gone
over the line thrice before, but ho could not be expected
to remember the points on a line of 100 miles. It there
were no permanent signal it would be the
duty of the company to have persons between the
intermediate stations to show a signal to prevent
a succeeding train from following that which had passed
immediately before. If the person at Forest-hill had
shown a signal of danger it might have prevented the

The case was here adjourned for a short time.
[THE CAMDEN•TOWN RIOT.—The prisoners (seventeen
in number) who yesterday pleaded guilty of riotous con-
duct and assault, were respectively sentenced to periods
of three, four, six, and nine mouths' imprisonment with
hard labour.]
Mr. MONTAGUE CHAMBERS, in his address to the jury
on behalf of the prisoner, complained of the extreme un-
fairness with which the case had been opened by the
Learned Attorney-General. His Learned Friend acted
under the instructions of the directors of the Eastern
Counties Railway, who endeavoured to screen the mis-
management which was notoriously known to exist on
their line by crushing one of the very meanest of their
servants. Tliis trial he (Mr. Chambers) contended was