The Sun.
London, England, 1846-03-07 00:00:00

MARCH 7, 1846.

words fell from them. He should then show that Lieutenant
Hawkey went to Sherwood's shooting-gallery, asked if he
could have pistols, and had a few shots. Finding that Mr.
Sherwood would not lend him pistols, he proceeded to Mr.
Flake's, and purchased a new pair of pistols; and Lieutenant
Hawkey returned to Sherwood's gallery, not then alone, but
in company with a person whom, he believed, the witnesses
would state was the prisoner at the bar. Lieutenant Hawkey
practised there, firing four or live shots. This brought the
transaction down to about two or three o'clock on Tuesday,
the 20th. He should show, from the evidence of Bearman,
the servant of Lieutenant Hawkey, and Marsh, the servant of
Mr. Pym, that they crossed the water with their masters.
Lieutenant Hawkey gave to Marsh a case in paper, and they
proceeded up the Stoke-road towards Alverstoke, to the pre-
ventive station; they passed the station, and the prisoner
directed Marsh to go to the beach, and wait there till he was
called for; he accordingly went down to that scot, leaving
his master with Lieutenant Hawkey, and they proceeded out
of his sight. After a short time his master came running to-
wards him, and, when about 100 yards off, beckoned to him.
He proceeded to the spot, and found three persons besides his
master; one of them was lying on the ground, bleeding from
a wound in the lower part of his body. The deceased,
having lost a great quantity of blood, was taken to the
Quebec Hotel. There was a lane running off from Brown
Down towards the Fountain Hotel, and about half-past seven
o'clock on the 20th two gentlemen came in there in a hur-
ried way, one of them carrying a square mahogany case, of
the size and description of a pistol-case, and the prisoner, it
would be shorn, was the person who brought the case. The
next day, Marsh, the servant of the prisoner, took away that
case, which the landlord of the hotel was satisfied was a
pistol-case, and Marsh would prove that he carried it to
Lieutenant Hawkey's rooms. He should show that, within
20 minutes after they were:at the:Fountain Hotel, Lieutenant
Hawkey and the prisoner at the bar proceeded to Mr. Ellis,
the master of the Dream yacht, whose house was a quarter
of a mile from the hotel, on the Gosport side of the water.
Both these persons, in the presence of each other, made
statements to Mr. Ellis, and if these statements were legal
evidence, they would leave no doubt that the prisoner and
Lieutenant Hawkey were concerned In the duel fuuslite that-
day on Brown Down. Mr. Ellis would state that they came
to him again next morning, and he had never seen them
since. The commander of the regiment would prove that
on the morning of the 21st Lieutenant Hawkey and the pri-
soner were absent from the regiment, and that, up to this
time, they had never been heard of. To return to Mr. Seton.
He had been left with the medical man at the Quebec Hotel.
Every possible care, was taken of him, and up to the 27th he
was going on favourably, and it was then thought that there
was a chance of his recovering ; still, he was in a state of
great danger from the nature of the wound. The pistol
ball had entered his right hip, and, meeting with some
obstruction in passing along the hip, crossed the belly and
came out at the left groin. The deceased was brought on
board the yacht, when his case seemed almost hopeless. The
medical men watched with the greatest anxiety the progress
of the wound, but its nature was such that it took time
before the obstruction occasioned by the coagulated blood
could slough off, and there was danger of aneurism form-
ing. The passage of the ball to the lower part of the belly
could be traced, and on the 21st a tumour had formed in
the right groin, the pulsation being distinctly felt. The
medical attendants, Mr. Jenkins, Mr. Mortimer, and Dr.
Stewart, of Portsmouth, watched it with great attention.
On the 29th the tumour had become on the increase; they
considered the danger of the patient imminent, and that his
case required the greatest skill and boldness. In conse-
quence of this, they' ent for the best advice from London, and
Mr. Liston came down on the 30th to be present at a con-
sultation with the other medical attendants as to what ought
to be done. They gave the subject the fullest considera-
tion, and were satisfied, as they felt the tumour and pulsa-
tion, that, without an operation, the life of the deceased could
not be preserved, and nothing but that necessity would have
induced Mr. Liston, and the other medical gentlemen to
perform an operation. That the operation was performed
with the greatest possible skill no one could doubt; for $s an
operating surgeon, no man in the kingdom could compete
with Mr. Liston. The law upon the subject was this : if a
party inflicted a wound upon another, and in consequence of
it an operation became necessary, and the party died under
the operation, there could be no doubt that the party who
inflicted the wound would be answerable for the death which
followed. If, therefore, the jury were satisfied that an
operation was necessary, there was no doubt that the party
who inflicted the wound was answerable for the death of the
deceased. The operation being determined upon on the
evening of the 30th, on the 31st it was performed ; there
was scarcely any loss of blood, and the patient lived after the
operation for 60 hours. On the Sunday great fears were en-
tertained for the life of the deceased ; next day it was evi-
dent that his dissolution was fast approaching, and on Mon-
day, the 2d of June, the deceased expired from inflamma-
tion, which had extended over the whole peritoneal coat of
the stomach. The jury would find from the evidence of the
medical witnesses, that this result had never followed in
other cases. The question was, whether the operation was
not absolutely necessary, looking at the state in which the
deceased was at the time of the operation. It was well-
known that the law of this country was, that if persons went
out deliberately to fight a duel, and one fell, the seconds as
well as the principals were guilty of murder. There was
one topic which he should not touch upon—namely, the
statements madeby the deceased at the time he was lying
The Learned Judge would decide whether those statements
were admissible as evidence or not. Taking the facts from
the witnesses and the law from his Lordship, he was satis-
fied that they would do their duty to the prisoner and to the
public.
Several witnesses were then examined, whose evidence
amounted to what was already taken at the Coroner's inquest
some nine months back.

Led at six o'clock ; and the

Pym

PRICE SD.

METROPOLITAN ASSOCIATION.
FOR IMPROVING THE DWELLINGS OF THE
INDUSTRIOUS CLASSES.
The first public meeting of this Association was held, in
pursuance of the 47th clause of its charter, at the London
Tavern, Bishopsgate-street,at two o'clock yesterday. Among
those present were Sir Robert Grosvenor, Lord Morpeth,
Lord Claud Hamilton, Lord Ebrington, Lord Francis Eger-
ton, Lady F. Egerton, Sir Ralph Howard, Rev. Sir H. Duken-
field, Wm. Booth, Esq., Hon. Wm. Cowper, M.P., and other
gentlemen.
Si: Ralph HOWARD took took the chair, and called on
The SECRETARY, who read the report, which, considering
the time the association has been in existence, could not be
expected to set out much more than the general objects of
the founders. It was only in October last year that the
association received a charter, in consequence of the
approbation bestowed by Sir Robert Peel and Lord Lincoln
on its objects, which are, first of all, to provide good, com-
fortable, well-ventilated and drained dwellings for the indus-
trious classes. But, in doing so, the promoters disclaim any
intention of making the Institution a charity on the one I
hand, or on the other, of "setting on foot a money-getting
speculation." It is intended that those who invest shall have
five per cent. return for their money, and a capital of 25,0001.,
according to the charter, must be raised, and ten per cent.
paid before beginning to build.
Sir RALPH HoWARD, at the conclusion of the report, said
it became his duty, as chairman, to set) before the meeting
the objects of the Association, and he felt great honour in
occupying the chair on that occasion, for he thought the
association whose interests they were met to promote was a
noble institution. For money could not be better expended
than in providing dwellings better than they at present have
for the labouring classes. Those who knew these classes in-
timately knew well that they did not receive an amount of
comfort and advantages at all equal to the worth of their
money. The builders far the wealthier classes knew this,
but believed at the same time that it could not be remedied.
That which others left undone in that matter it became the
duty of that association to accomplish, for they had the
power, and they could effect it, after paying all expenses,
with less profit than was proposed. But for those who would
invest their money a sum of interest had been proposed,
which would amply remunerate them. He said they had
guarded themselves against allowing the institution to be
considered as a charity, fur if preponderance were to be given
to one feature of it over another, they would rather that it
should be considered as a mercantile investment association,
especially as there was the more probability of greater num-
bers joining them under that notion. At the same time
their main effort was to be made in improving the dwellings
of the labouring men by means of drainage, ventilation, and
those other advantages which contributed to comfort, and
that effort was to be put forth under the best scientific super-
intendence and skill. He concluded by moving that the re-
port should be adopted and confirmed.
Lord Moaricrm said he had been requested to second the
motion, and he availed himself with great pleasure of that
request. He was aware that those who were met on that
occasion were all shareholders, and that they could hardly
be supposed to require incitement as to the purposes for
which the institution had been set on foot, and which indeed
they had sanctioned by taking shares in the association. The
same reason had limited the company, and he did not think
it expected of him therefore, to occupy their time by
making any formal address. But, as that was the
first occasion they had had of making the asso-
ciation public, and as he saw three or four gen-
tlemen before him who had the means of making their
object known, which lee trusted they would not withhold,
he would, therefore, make a few observations. They had
embarked in that concern because they wished a real and a
practical good.—(Hear, hear.) At the same time they were
not is a position to plume themselves; they could not boast
themselves as better than their neighbours. For though
they thought their object laudable, as it was, yet they looked
for remuneration for what they did; whatever money they
might lay out they had stipulated for a return on that of
five per cent. Railway speculations had been the rage of the
day for some time past ; but he questioned much whether
any railway returned greater remuneration than that—
five per cent. ; he questioned whether any railway, however
prosperous and however well situated, connecting large towns
in its progress, could compete with the benevolence of their
object in reference to those whom it was most intended to
serve. For those who were to benefit by railways, those
who could afford to be passengers on them, were in easy cir-
cumstances; but those whom they had joined to assist were
exposed to the most wretched circumstances, to noisome
discomfort, bringing on disease, and not unfrequently ending
in premature death; but all this they had the means of
alleviating, and five per cent. for their money besides. It
was no phantom they had taken up, nor was it a romantic
fancy ; it was not the issue of a merely chivalric feeling.
They were not to imagine that it was a money-getting
speculation ; he believed it was as free from that
as from being a romantic speculation at creating a
charity which had not the means of maintaining its own
existence. It had been calculated that the schema they
had begun would return eight, nine, and even ten per
cent., but they thought proper to limit themselves
to ve per cent., and to give whatever more might
accrue over to the same object. They guarded, on the one
hand, against framing a money-getting speculation, fcr they
would thus have frustrated their intentions towards the
classes whom they sought especially to benefit, and on the
other hand, for the sake of setting the example to others
who might be induced to follow them, they had guarded
against aiming at their object without getting a return for their
money. They were against having this understood to be what
is usually called charity. He (Lord Morpeth) did not un-
derrate charity, for so long as there were such occasions for
its exercise, there would always be a fitness and a moral
beauty in its application. At the same time it was their
object to put the labouring population in such circum-
might entahl• to help themselves and main-
tain their independence. It was not their intention or wish to
injure the builder, they only wished to hold out an example
which he would do well to follow, and would follow with
safety by putting up such buildings as the working man re-
quires, and has a right to demand. When therefore he had
cleared their way of all imputation of intention to
undersell the builder, cleared their way of all risk
and all loss, and had secured a return for their
capital, he thought he might appeal to those in the meeting,
and to those out of it—to the moneyed men out of doors—
whether a great good might not thus be done—what an im-
mense mass of bloated evil might thus be entirely swept
away.—(Hear, hear.) If they examined the reports laid
before the Commons' Committees, by the Health of Towns
Commission, or, better still, if they had allowed their eyes
to rest on the reality, if they had allowed their feet to wander
into the haunts and back purlieus of the metropolis—if they
followed blighted manhood, decrepid old age, and stunted in-
fancy into their reeking haunts, the abode of filth
and fever—if they would then go over to those in
widely different circumstances, whose means enabled them
to surround themselves with cleanliness and with comfort,
with those advantages, in fact, which, as an association, they
could offer to the others, they would not long hesitate be-
tween an act of benevolence, with profit to themselves, and
laying up their talent in a napkin. He might quote them
the saying of the Emperor, that he found his capital built
of brick, and left it in marble, and they might outrival him
by transferring the worthy and the industrious from garrets
and from cellars to abodes conducing to their comfort and
their health and their iHpral and intellectual well-being.
His Lordship seconded the motion.
Lord EBRINGTON moved, and Dr. SOUTHWOOD SMITH se-
conded, the adoption of the bye-laws which had been read
by the Secretary.
Lord F. EGERTON, in moving a vote of thanks to the
Chairman and the directors, said he could not do so without
expressing his entire approbation of the association. He
said they were proceeding in various parts of the metropolis
in widening the streets and making great improvements,
but these advanced with a crowd of attending evils, which
proceeded pari passu, like slaves in a Roman triumph, us
though they could not do good without producing much evil.
He had seen by Mr. Chadwick's pamphlet that the intro-
duction of the central terminus into the metropolis was cal-
culated to displace 50,000 inhabitants, and all those of the
poorer classes. He did not believe that more instructive
volumes could be found from end to end of the shelves of the
library of the House of Commons than the five or sixri volumes
of of reports alluded' to. He had consulted if
volumes published by Mr. Chadwick, and =full not but
heartily concur in the object which had brought them
together.
Mr. COOPER seconded the motion, which was carried una-
nimously.
Lord •CrAnnil ITAiurr-rox acknowledged, on the part of
the director., their sense of the honour the meeting bad done
them, and their continued attachment to the object of the
association.
Mr. Slayney, Mr. Finlaison, and Mr. Soynbee severally
addressed the meeting, which then separated.

NORTH NOTTINGHAMSHIRE
ELECTION.
(Film A CORRESPONDENT.)
FINAL STATE OF THE POLL.
Lord Henry Bentinck. Lord Lincoln
Mansfield .. ............ 399 ••• 15
......... 357 • 149
Nottingbam
253 ••
Nuttall .................. • 11
Retford ...... .... 732 ••• 43
Majority for Lord Henry 523 Bentin k 1
c , , _.
The total registry is
Deduct those supposed been neutral 3G46
100

2)3546

1773

Lord H. Bentinck polled 1741
Deduct those who voted for him, who came
for Lord Lincoln, which may fairly be
stated at least

Wonla leave him in a minority of
Therefore, as but a partial canvass had been made for Lord
Lincoln, no committees formed, and no polling for him
(except the 218, who were resolved to do so, upon pure prin-
ciples), he would, upon Lord,Henry 'a showing, have a majority
of 53, or thereabouts. And there can be no doubt if Lord
Lincoln had been a bona fide candidate—even after the close
Of the poll in South Nottinghamshire—he would have been
returned with a respectable majority. Lord Henry's party
may assert that they could have polled more, but will find
much difficulty in convincing the public of it. They had
canvassed (actively) for more than a fortnight, had plenty of
attorneys employed, and fetched voters from all quarters, far
and near, and there is no doubt cleared their canvass books.
It is well known that on the morning of the second day of
polling, they expressed fears lest, on that day, a rush might.
be made for Lord Lincoln, and that they might be defeated.
Such were their fears. North Nottinghamshire can return
free-traders there does not now appear a doubt; Lord H.
Bentinck has, at a good deal of trouble and expense, con-
vinced the public on this point.—From a Correspondent.

TIIE LATE MAJOR BROADFOOT.—We are requested I
to state that the first report of the manner in which the late 3fajor
Broadfoot net with his death (copied into the London and
ll pr
from i
horse and was speared by three Seikhs, is not correcL
and also private !
letters have been received from 61r Henry Hardinge
Major Broadfoot's secretary, from no fwhich the folloing is an
extract:—" His end was caused by o a
shoot twhrough the hewart, while
accompanying the Governor-Generaljon the battle;ficld of Ferozeshall
which dist inguished him through life, he again
on the 21st December. lie was first wounded through both thighs,
but, with that gallantry
mounted his horse, when almost immediately he was pierced through
the heart and the arm, and fell dead. His remains were brought in
and buried with the usual honours at Ferozepore, in the presence of
the Governor-General." Thus fell this able and gallant oflicer, in
the 39ai year of hie ago,