The Sun.
London, England, 1846-06-18 00:00:00

iffs u r IStittion
:;UN OFFICE, &vett o' clock.

SHERIFTS' COURT.-(TIIIS DAY.)
(Before lir. Under- Sheriff BuRCBELL)
WEBB v. CROEi.

SZLLISG OF PUTRID MZAT FOR NEWCATE-MARKZT.—
The plaintiff in this action is a butcher In Newgate-market,
and the defendant is a horse slaughterer at Camden Town.
The action was brought to recover the sum of V., for money
had and received by defendant, under the following circum-
ttances;--7

T'hePrincipal witnesses were George Benton, assistant to
ptaintlff, who proved that in April last plaintiff bargained
with defendant for the carcase of a cow, which was said to be
in the Ram Inn yard, Smithfield. Defendant said it was
fresh, fat, and bright, like one he pointed out, and said it had
been killed that morning by his son. Plaintiff said that if so
he would give 8/. for it. the money was paid, but when
the cow was seen it was found to be unfit even for cats' meat.
Thomas Fairer, a slatighterman in the Ram Inn yard,
proved that defetidant took the cow early in the morning, but
after it was dressed rsitness found it so bad that he cut it in
two and set it aside, as it was 'IA tit for human food. Witness
told defendant it was not fit to am to market, and he would
not send it, in have anything to do with it. Defendant stood
by whilst it was dressed. Defendant afterwards said he had
sold it to plaintiff for 8/. Witness would not have delivered
it in the market, as he would have been liable to an action.
Witness recommenied defendant to return the money, and
take the tow away. Defendant said he would not ; he hid
,;t the' money, and he would " stick" to it. Ile had 1;1,0
him tell other cows. Witness had never bought any himself.ii
ttot
He sent for a policeman to see the meat, but he won
take the defendant into custody, and the meat was con-
demned. strongestmare
Wm. (;ration, one of defendant's men, the
it was. carried to
evidence as to the bad state of the meat ;
the Earn on the knacker's cart. Defendant said be could
make a better job of it than cutting it up into dogs' meat
and he should try to get 9/. 1
or 10/.
.6n
21t. Defendant
bought it of a person
in Kentish-town or is. 6d. It had
died a natural death.
Other evidence was adduced to the same effect.
For the defence it was contended that in law no
bargain could be set aside where there was any consideration,
and if a person made a bad bargain he must put up with the
lose. It was contended that, however bad a "knackerman"
might -be to sell an old diseased cow for human food, the
butcher must be worse; and the jury ought not to assist him
br 6 riving a verdict. •
Witnesses were called to 'wove that defendant gave
6/. I 3;. for the cow, and that it had not died
a natural death, but had been killed because it was
very a weak on its legs" and " giddy."
Mr. Cooper, a veterinary surgeon, deposed that the cow
was not diseased in the flesh, but had what is called the cold
phellaim, which only affected the spine.
Robert Hale, a slaughterman, said that the animal had
been offered to him, but when he began to cut it he found it
"as a ",liwkor ;*. it was a dead one, and must have been dead
some days.

Mr. TimmAs, for the plaintiff, in reply, said that the abuse
of his client wa.> unmerited, as he had been grossly imposed
on, and the cow spoken of by Mr. Cooper could not be ttie one
ctlered to be sold to Hale and the plaintiff.
The UNDER-SHERIFF summed up, and said that if the jury
were of opinion that both parties were culpable—that was,
it they thought the plaintiff hail any notion that he was
making a purchase of what was not exactly good, the de-
fendant would be entitled to the consideration. It
would be seen that plaintiff had dealt with the
defendant, knowing him to be a knackerman,
and if he was only deceived as to the extent to which the
meat hal become bad, but thought it would just do, tkat
would not entitle him to a verdict ; but if, on the contrary,
the plaintiff had been wholly deceived, and had not had what
he had bargained for, then there was a failure of con
sideration. .

The jury retired, and on their return gave a verdict for the
defendant, but expressed their opinion that the cue was dis-
graceful, particularly on the part of the defendant.

CRIMINAL COURT.-(THIS DAY.)
OLD COURT.

John Gmhana was placed at the bar, indicted for feloniously killing
and sluing ThomaS lileMtt,in the month of May last, in Drury-lane.

(Cont!uued from our Afternoon Edition.)
After ieveral witueßles were called to speak to the prisoner's
character,

Baron ItoUs went through the evidence, and addressed the jury
at some length on the distluctiom which hold between .murder,
manslaughter. and accident.
The jury retired to consider their verdict at ten minutes past twelve
••••tnocit, and had not returned their verdict at five o'clock, some
ti-e of them having by that time cautioned their wives by letter not
to look for them before to-morrow morning.
Baron Rotre. however, sent fur them at six minutes after five
o'clock, when the, Court • was Akita to rise, ,and said that
he *as afraid that the manner of his putting the case
to them had perp'exed them.- There was what
,he would call
mere culpable negligence, and that involved manslaughter. There
”ras a more-hold bravado rashness, which was, however, still only
manslaughter, though- ot, a deeper shade. But there was a venial
negligence, against which ordinary foresight could not guard ; if it
was that, the jury would acquit the ririaoner.
The jury then consulted for a few minutes, without retiring, and
returned a verdict of Not guilty.
The prisoner was then ordered to be discharge-i.

RAILWAY COMMIT FEES.
(THIS DAY.)

HOUSE OF LORDS.
DIMICT LONDON AND PORTSMOUTH.
41VILDTORD, CIIXCHESTIGNI. AND PORTS- •
MOUTH.
• (t:ollnm:fed ti-em onr Afternoon Editien.)
The ease for the promoter" of the Offildfora and Chichester being
completed, that on the part of Mr. Dixon, a petition, optinst. the
DZTLECT LONDON AND PORTSMOUTH.
Mr. Dixon tinnrit- i-ave r%itiru,a. as Oa the nianner in winch his
property would he affected, sod evidence as to 4 deviation by which
he said the the rea idental drainage might he avoided.
conversation here arose, which ended in an agreeinent between
the promoter", that the deviation proposed by Mr. Jordan should he
adopted, in case the Rill shontd
•
The ease on the part of Mr. Coles, another petitioner, was then
opened, and several witnesses were examined.
The case for Lord Egmont, also petitioning against the Bill,
Wit then opened. Ms Lordship wan examined in support
of tt ',own ease, and after examining a few more witnesses the tow-
m!ttee rose at about time minutes past tour, and adjourned till
to morrow.

GLASGOW, ICXLMANNOCX, AND ARDNOS-

SAN.
(Cull tinued rivet our Aft,rnoon tion.)

fir. R. Cnntmitig. a inaglitrate at Kilmornock, was then called
and gave general evidence in favour of the line.

At the conclusion of this gentleman's evidence,
Mr. Tttcor (who now appeared tar the petitione-, the Duke of
Pottland,l said that in consequence of the decision of the Committee,
hi, had to propose that the Committee should now adjourn, in order
to ;ire time for the preparation of some clauses which ha intended
to propose, and which W4lllld, he antleipated, meet the views of the
promoters of tha Bill. In that case the oppositiou of the Duke of
Portland would be withdrawn.

-
Alter nuteh disensAirm a% to what course 41.101 be taken, it WAR
:Titintately agred that the pream4l. should be passel, and that the
.-formitteeshonbl then adjourn till Monday.

llter e'idence WH awn colitinite,toro fooma

Air, Lock ;are- the engineering evidence.• -The steepest gradient
was 1 In 75, which occurred at the commencement of the line, for
nine 2 thrlongs, and also near Kilmarnock, for a somewhat smaller
distance. There was also a gradient of I in 80 for about half
a mile. These were the ruling gradients in many lines In that
part of ,;eotland. With these three exceptions, the gradients were
very light. indeed, being in tot almost level. . ,

The Earl of F4'4lington VV:I4 next called. He gave evidence very
strongly in favour Of the line.
' "

The Committee then declared the preamble proved, and adjourned
Till Monday at twelve s',•;ok.

GROUP 111.
SinzrinELD AND LINCOLNSHIRE
IVECTIOVI.

The Committee met at eleven o'clock, when the Sheffield end
Lincolnshire Junction line wAs taken.

Mr.. HILMAR,. on behAf of the promoters. stated that, in - se
luence of the passing of the London and York Bill, the Company° c
Rhad-
determined to restrict their line to the communication between
Swinton and Doncaster, and called
Mr. Yordon, who stated that through the facilities offered by this
hoe, and the communication that mu.t be established between It
and the Eastern Counties. the flarniley coal-field, which Is rich in its
hedsosill be :rude available for the service of the counties of
coinshire, the East Riding of Yorkshire, Norfolk. Suffolk, and Essex,
which now can only obtain their coal through the agency of an ex-
pensive land carriage or of a long tea voyage.
Mr. Sergeant WgANGReM, on behalf of the Doncaster and Wake-
tleld Company, was about to cross-examine the witness as to the fa-
cilities Which would he afforded by that line.
Mr. lIILDViRD thought that his Learned Friend ought to be re-
stricted to the cross. examination on the evidence.
To this Mr. Sergeant Wit aNntiatt demurred.
Mr. /Hunan, had then no objection, provided he were allowed
to continue the examination in chief to ascertain the respective
meritAt,f the Swinton and Doncaster and the Doncaster and Wake-
geld lines.

Mr. 'ergeant WRASGRAM objected to this, and the room scAs
cleared to ascertain how the communication should be effected.

. ..... _ -
When the parties were re-admitted the chairman, Lord Songs',
elated that the counsel tor the Sheffield and Lincolnshire line
having, stated that they did not set up their line as a competing line
_pi?ialt.,tnhe Doncaster and Wakefield line, the Committee were of
° 'that the farmer company could net be heard as competitors.
mv*",,rr cress-examined Mr. Morton, and a model of tke country
was shown, in _slob titeth,,isuke.were the three piece* where the itarniley out
rlsecar. It wa* Woreborough and its neighbourhood, and
t,alieftield and Wakenert eeild to tarry the Stlkestone coal down the
through a branch to Berdocks, a die-
tante of a mile ant
kranches projected hyhalf
tal:)d thence to Barnsley. There are
gltellield and Wakefield, Doncaster and Walieuipid and the
bare pAclui the Hone. ofh let which are identical, and
by the 'Outfield tht, was theh proposed to get
to Barn-ley
miles. They then get on the 'Midterm RAL4Cawn:; Acingabout five
ahout four
Wath tor ahont two miles. 'they muittee ;h,;"'isilt.‘n upon it
:it Irath-upon-ltearn, The ~..e.tvid Meer
to the Swinton etation
eoni,i. leave the line is Swlnten, eistane M' shunt Point
hero they n,.'
miles .. Front thence the t to D
~v we they travelled
York to Gains uester, whe
orotie From
hirtmon to
along the 1.011(.0i, • they hann,l t,,
Poncager is about nine mite
which I, chm, Worshorough, but led from
ffrmi .Stainhurollgh: dlsta►fee fruit) one place to the
Inc latter place, the lie did not propose to
ether being about Inc
carry any coals from Eleeeer, mei he could not
...tehialtAsonlh-talitirtoineef
the
.ceals carried came trom Ellecal;ng 2041,000 toup,
ether third veal carried from Worsborough,
nor cot i.t it
ter etch. The Woreberotugh pits are the pruAttu'everrtay;. of
..3..1.ar.t0. lrlennTeimtet
3railin, mud the I.lsecar pits below; to Earl Eitzwilli
F,ltkeSl4:,fle CfAi supplied the major part of the domestic consum Pdon,
f the
List the wheels eenkt not say that only one-third of the whole o
coal was hrought up trom the several pits. The price of carrhae Was to
he a. penny per ten per mile for a dletance of Btly RIRI
three farthings a ton for any greater distance. The towns tor
bleb these rates bad been made were those eeeonamodated re-
ther "by the Cambridge and Lincoln line, than b \ the London
and Fort;. Tu Itavrtry they would get along the London and York,
but the .witness had not .elapted the table to the aeceinniodatton
adbrllecl by the London and York. The Silkestone coal mould have
to hoi conveyed a distance of tweoly miles. and the carriage would
therefore cost le. ad. per ten. tilt in this statement he hail taken his
Awn experience or assumptions, and not the 11111Xithitlot charge
afforded by the Cambridge and Lincoln Bill. Ile could not say
whether the charge of the Sheffield and Wakefield CompanYWas
-per ten for any dfstarce ellen of diteen unites; and they did
nut KM,. ureat a distance al that upon the Sheffield end Wakefield
Lite. He eould not e.sy that the cunt et a penny per ton per mile was
the maximem charge aliened by the Midland, ; but he did
know that that was the highest sum charged igaiittet him tor that
business. The mekloitim toll re the Swiittent and Lincoln Company
was to that en übe Ntielaulde }shwa".
Mr. walker n,e auvett to ree,-exemine en behalf et. the River Don
Cempeny, when. •
Mr: Mere 4ne 0-10,,tinned bin rh! to appear few the directors in-
deldually, tor tarty w ere members of a corperetion which had
Petitione i In hishelf or the line.

Mr.:IV/IA ER he was iiii”rined that the participation in this
corpqyration' conferred a freehold riaht, and enabled the holders to
vote for the elections ti,r the We.t
it wAR-ilf,CifittA that as Mr. Diamond and Mr. Samuel Roberts had
patitior,i only cnrporatora, they could not be heard is their
inditritl al eapacit3-.
To' Mr. iltrnsaao, on re-examination, the witness stated that
Barnaley l* In the centre of the most. Important coal-tield in that dis-
trict, whether considered as t,, quantity, quality, and cheapness.
The tkelnhoritugh colleries are connected with the Sheffield and
Wakefield Railway by tramways. The Slikestone coal is the best
tbr all honte pnrposes, and for most purposes -equal to the
Durham coal. Doncaster is one of the most important
places thr the exit of this coal to other places.
Many of the places on the Cambridge _and Lincoln line had
been left out of the list, hut other places would be supplied by the
London and York line. As for instance, although part of the Lin-
coln tine has been thrown out, Sleaford, the place apparently worst
eft' thr .the Landon and York- would still be accommodated,
for it. was now supplied by a nav!gation which turned off
tom the river Witham that ran to Lincoln at Tattershall.
srtleti to to the loop of the London and York. Whatever might be the
righter the Midland Counties Company to charge I%cl. a ton for
"1711/1111144= Aar mike, it was prft.tic4ll7 tAepeTWlrts f9c