The Sun.
London, England, 1848-08-05 00:00:00

MANHOOD SUSTAINED! CONSTITUTIONS RESTORED!
AND DISEASES OF BOTH SEXES CURED !
By Messrs. LISTON and CO., Consulting Surgeons,
69, Newman-street, Oxford-street.
Member of the Royal College of Physicians, Surgeons, and Apothe-
caries of St. Petersburgh and London, Member of the London Col-
lege of Medicine, &c., &c., &c.
wiEssits. LIS'I'ON and CO., having made
Diseases of the Genital Organs their especial Study, under-
take the Cure of all species of Diseases incurred by Contagion,
Urethral Complaints in !Kith sexes, speedily and effectually.
Patients may rely on superior Medical talent, delicate investigation,
honourable confidence, and inviolable secrecy.
Messrs. Liston and Co., may be consulted at 69, Newman-street,
Oxford-street, dai'y, from ten till eight, and en Sundays, from acne
till two.
Letters (post-paid), inclosing a Fee, answered by return, and
Country Patients corresponded with, until cured.

MIDLAND alltelllt.--Warwich,-4,03; 4
—The Right Hon. Lord Denman and the Hon. Sir John
Patteson arrived in this town at half-past 3 yesterday,
and having opened the commission for this division of
the county went to church at 4 o'clock.
Their Lordships sat in the County-hall at 10 o'clock
this morning; the Lord Chief Justice presiding in the
Civil Side, and Mr. Justice Pattison in the Crown Court.
The calendar presented the names of 89 prisoners and
60 cases for trial ; among which were three of man-
slaughter ; seven of stabbing, cutting, and wounding ;
two of burglary ; one of horse stealing ; one of wound-
ing and maiming cattle; one of setting fire to a dwell-
ing-house; one of uttering a forged promissory note for
1061.; one of riot; one of bigamy• one of rape; one of
felonious assault upon a female child under the age of
ten years; and two of crimes not to be more particularly
mentioned.

The list exhibited eighteen causes for trial, one being
marked for a special jury.
CIVIL SIDE.— (Before Lord Chief Justice DsNsiAN.)

3IARKHAM V. HOPKINS.
This was an action to recover from the defendant the
amount of the plaintiff's hill for surveying, lie.
Mr. Humphrey, Q.C., Mr. Mellor, and Mr. Prowett
appeared for the plaintiff. The defendant's attorney did
not appear, and 'Mr. Whiteburst and Mr. Hayes, who
were to have conducted the defence, were not instructed.
It was therefore taken R 3 an undefended cause.
The plaintiff was a railway surveyor and engineer,
and the defendant an architect, now or lately residing
in Bedford-square, London, and a promoter and ma-
naging director of a scheme called " The London and
Birmingham Extension Railway," and of another styled
" The Warwick and Worcester;" which two companies
became allied. There were four competing lines before
the House of Commons in opposition to the combined
projects of Mr. Hopkins, and the plaintiff, Mr. Mark-
ham, had been employed as a surveyor to test the accu-
racy of their plans and levels. He did so, and disco-
vered 'several inaccuracies, of which he gave evidence
in Committee; and the opposition lines were thrown out.
Subsequently, however, the panic arose; and all the di-
rectors of this combined scheme, except Mr. Hopkins
(Well known in railway litigation from the cause of
" W 31,1 v. Hopkins," and otherwise), went abroad.
This cause was in the paper for trial at the last assizes,
but in consequence of the verdict for the defendant in
the cause preceding it, of " Higgins v. Hopkins," and
the direction of the jury, and the course of the summing
up by the Learned Judge (Chief Justice Wilde) therein,
the record in this case was then withdrawn.

The Counsel for the plaintiff now went through SiOr
case, and, the defendant's attorney not bein even Wall
forthcoming, and there being consequently n
The Jury returned a verdict for the plat ff--da-.
wages, 566 L •
Shortly after the cause was concluded, and the 'verdict
returned and entered, the defendant's attorney, Mr. Vau
Sandau, arrived in a state Of readiness to deliver briefs
to and instruct counsel on behalf of the defendant, and
he intended to try, we understand, before a special jury.
A new trial will probably be obtained upon the payment
of costs.

HALF-PAST FOUIL—A motion has just now, under
these circumstances, been made upon affidavit that the
cause might be re-tried, and it has been so ordered upon
the terms of the payment of the extra costs incurred,
and now stands appointed to be taken first to-morrow
morning.
Of the eighteen causes one half have been already
tried, settled, or withdrawn. There were none ,other
than the above possessing any feature whatever of public
interest.

CROWN COURT.—(Before Mr. Justice PATTEsorI.)
Thomas Maguire, aged 19, was indicted for a rape,
on the 14th of June last, at Coughton, upon Ann Wed-
singham.
Mr. Denison conducted the prosecution. The prisoner
was undefended.

i verdictpu esrttatboa enend
The prosecutrix, who was only 11 years of age, was
going, according to her daily custom, at about half-past
eight o'clock in the morning of the day in question,
along the public road to the Post-office, when she was
overtaken by the prisoner, who asked her if she would
sell him an umbrella she was carrying. She answered
" No;" and he said, " Then I'll take it." She re n away
for some yards, and he ran after, overtook, and threw
her into a ditch, and there perpetrated, against her will,
the complete offence now charged against him. She re-
sisted as much as she could, but could not cry out be-
cause he had his hand upon her mouth. He afterwards
bade her nut to tell any one, and put some money into
her hands, which she refused to accept, and returned to
him. A man at some distance off witnessed the conduct
of the prisoner. The evidence of the surgeon, who
examined the little girl four hours afterwards, went to
show very conclusively the completion of the crime.
There were, however, no bruises or marks of violence
elsewhere about her person.
The jury immediately returned a verdict of Guilty.
His LORDSHIP, in passing sentence, observed that the
case was clearly proved. The prisoner had in fact ad.
mitted that he was the person, because he had said
that it was not against her will ; but it was most un-
likely that she should have consented, meeting a perfect
stranger to her in this manner on the highway. Not
very many years ago the punishment for this offoiee
was capital. That penalty had been mitigated to trans-
portation for life, without any power in the Court to
modify it; and within the last two or three years a dis-
cretion had been given to the Judge. After some severe
observations upon the enormity of the crime committed
by the prisoner, his Lordship proceeded to pass upon
him the sentence of transportation for the term of 15
years.
Juba Day was then indicted, under the 9th Geo. IV.
e p age,ose dhtaov itnhge
for having, on the 30th of July last, at Sutton Cold-
field, feloniously assaulted Ann Jones, a girl under the
ago of 10 years, and carnally known and abused her.
Sir Eardley Wilmot appeared fur the prosecutioa. The
prisoner was undefended.
The child, who was only eight ye:res.,odf
been first examined by the Learned Judge as to her
knowledge of the nature of an oath,
consummation by the prisoner of the offence charged on
the evening of Sunday last, the 30112 of July. She lived
with her father and mother at Sutton Coldfield, and be-
tween five and six o'clock was &big dowti a place called
Jockey-lane, which was distant nearly two miles from
her father's house. The prisoner came up to her, and
gave her a Is. and took her to his own house, and put
her in at the window, through which he then went
himself, into the pantry. She described what the
prisoner here did to her, and was confirmed by
an elder girl who had seen what was going forward,
and watched, and then gave information to a
woman, who also observed what was confirmatory of
the child's story. The child appeared to have permitted
it, which, she being under ten years of age, made no
difference whatever in the case. A surgeon at Sutton
examined her at twelve o'clock the next day, and his
evidence went fully to confirm the' account. She had no
injury, bruise, or mark elsewhere about her person.
e n ofreturnedG ui
Guilty,
years.
and The hhee
alsojurywas sentenced
be
e tr
aan
The other cases tried in this Court to-day were all Of
ab
y A lightthetr njaeun
jury
'yf mlia ogf.
fora
real
sr
tdmimni
misdemeanour
eymc character.heaanr enr
h Griffin,as
Leamingtoe. It is for a printed libel concerning the
madeti s outn
f
Stoneleigh Abbey case. It will be in the recollection of
the public that the man who had charged several mur-
ders
mostto have
marvellousbeen
tale committed
havingat
referenceth e abbey ,
against whom an in-
dictment for perjury was to have been preferred at these
assizes, and had been actually prepared, died suddenly,
about a month ago from the effects
d of drinking, and an
inquest was held upon him, an a verdict accordingly
returned ; the common people, however, being said still
to retain a foolish belief that he had been made away
with by foul means. tdahloetorrnfieftyeeant

yesterday, and
—Hereford, Aug. 3.
CWl,arßshoCeprUeenjweilderhee_trheree causes entered for
iarrda v
vb by ,
and busi-
ness
special
nesTshbeOegcSnmFratOoi-Rsdspai;
and the
second disposed of as stated below.
jury.trial , twoof byth
e commonfoformer
jtuhrei e sfi r
satn dwatsh the i tthh
The special jury
The calendar contains the names of 29 prisoners, of
whom two were charged with child murder, one with
case is not likely to be over until after
rape, two with assault with intent to commit,
Sic., three
with
with Manslaughter, one with burglary, one t.
house-
breaking, one with horsestealing, one with sheepsteal-
ing, two with obtaining goods by false pretences, and the
rest with larceny. Eight only of the 29 were marked
as unable to read or write. he cases which have been
tried to-day have been only charges of larceny which
were wholly destitute of point or interest.

James Johnson, a working jeweller, who had known
the prisoner many years, having formerly worked for
him in Edinburgh, and since then in London, deposed
that Gordon called upon him with an old silver tea-
spoon, and asked him to cut out the mark mitt let it into
the mountings of Dr. Halley's purse. Witness refused,
telling him that ho would not do it for 50/., and advising
him to melt them down again. Witness afterwards saw
the purse, with the hall mark soldered in, and the pri-
soner asked him it he did not think it had been done very
neatly? Witness then, at the prisoner's request, ac-
companied him to Dr. Halley's, and left the ant& at his
residence.

Cross-examined—l worked for the prisoner only a
few days after this. We had a quarrel, and our connexion
ceased.

The constable who apprehended the prisoner stated
that be was at the time accompanied by the last witness,
Johnson, on seeing whom the prisoner exclaimed, -"You
d- vagabond."
The defence being reserved,
Mr. HALL committed the prisoner for trial, refusing to
admit him to bail.

The punishment for such an offence is transportation
for any period between seven and fourteen years, or im-
prisonment for any term not exceeding three years.
SOUTHWARK.
_ _ _

IT Wins% Price,apOlTeWan of the M or Southwark
division, was brought before Mr. Seeker, charged with
stealing a gold watch, value 18 guineas, from the person
of Mr. Thomas Cramp, a grocer in Trinity-street; and
Lewis Davis, a jew clothes salesman, was charged as the
receiver.

When the prisoners were asked if they wished to say
anything in answer to the charge, Price said, that at
present be did not ; but he expressed a wish that he
might be tried at the Central Criminal Court, in order
that he might have the benefit of his friends' attendance
there, instead of being sent to the Surrey Assizes, to
attend which would be so expensive.
The other prisoner merely said, that he had the gold
watch case weighed at the request of Price ; be also
wished to be tried at the Old Bailey.
_

eoart,
.. Mr. SECKEII, however, refused the
.appli ti asa6l
committed both prisoners to la assizes f nty,
it
w 'eh commonedKuildford 401.0iiday. >
ril 'WARD
A of ' WARD BAINES, Esq.
• (From the Leeds Mercury.)
- It is our painful duty to announce the death of Mr.
Baines, which took place on Thursday night, the 3d
instant, at a quarter before twelve o'clock.
His constitution had been undermined by diseases
which were formed before his retirement from Parlia-
ment seven years since. But his natural strength and
the equanimity of his temperament, combined with care,
preserved him in a tolerable measure of health and com-
fort till a severe attack of illness on the 17th ult., under
which the powers of his constitution sunk ; and he gra-
dually and gently declined with no acute suffering, and
died from exhaustion of nature, without a struggle. His
mind retained its characteristic placidity and clearness,
tree from all excitement or wandering, to the last • and
he was sustained by the humble but firm hope Of the
Christian, looking for eternal life through the merits of
the Redeemer. The deceased was born at Walton-le-
Dale, near Preston. on the sth of February, 1774 ; and
he was therefore iu his ieventy-fifth year. He established
himself in Leeds, as a printer, immediately on the ter-
mination of his apprenticeship, and en the 7th of March,
1801, he became proprietor of the Leeds Mercury, of
which he continued to be the principal proprietor (in
partnership with two of his sons) to the time of his
death—exercising throughlits medium, and otherwise,
an important influence in public questions for the long
period of forty-seven years.
It will not be expected that we should this week give
a biographical sketch of Mr. Baines, though we shall
feel it due to the readers of this paper and to the public,
as well as to the deceased, to attempt it in our next. We
now simply add a few particulars.
Mr. Baines married, in the year 1798, Charlotte, the
daughter of Mn Matthew Talbot, author of "An Ana-
lysis of the Bible,'! by whom he had six sons and five
daughters, all of whom, except two sons who died in in-
fancy, survive him. His wife also survives to mourn
the temporary dissolution of a happy union of fifty
years.
In the year 1834, Mr. Baines was elected Member of
Parliament for the borough of Leeds, which office he
filled in three successive Parliaments, and retired owing
to impaired health at the dissolution of Parliament
in 1841.

After the passing of the Municipal Corporations Act,
Mr. Baines was app,,inted one of the justices of the
peace for the borough of Leeds; and soon afterwards he
was placed on the commission of the peace for the West
Riding. He took au active part in the administration of
justice in this borough.
At the close of the French revolutionary wars, Mr.
Baines compiled a " History of the Wars of the French
Revolution," which was afterwards expanded to " His-
tory of the Reign of George III." Ile subsequently
published a very elaborate "History of the County
Palatine of Lancaster," in 4 vols. royal quarto, largely,
illustrated. It is a work of great research and of topo-
graphic value.
Having taken a long lease of a considerable tract of
moss land at Chat Moss, near Manchester, he made suc-
cessful efforts to bring it into cultivation,—thereby
evincing that love of improvement which was a distin-
guishing feature of his political and public character.
Mr. Baines took a part in the formation and support
of many, if not most, of the public institutions of Leeds.
In early youth he was a visitor of the Benevolent or
Strangers' Friend Society, to which he always continued
a warm friend. lie assisted to establish the House of
Recovery, the Dispensary, the Laucasterian School, the
Philosophical Society, the Mechanic' Institution, the
Literary Society, the New Library, the Tradesman's
Benevolent Society, the Leeds and Yorkshire Insurance
Company, our Provident institutions, our Waterworks,
our Railways, ,our Commercial Buildings, our public
Baths,—in short, nearly all the institutions for public
utility and benevolence established in Leeds within the
last half century.
The institutions, which are the glory of our age and
our country, for diffusing the Holy Scriptures and Chris-
tianity throughout our own country and the world—the
Bible Society, Tract Society, Missionary Societies, Sun-
day Schools, &c.—had his cordial and liberal support.
To the religious body with which he was connected, the
Congregational, with all its charities, he was the earnest
friend.

We feel it impossible this week to enter into detail on
Mr. Baines's character, any more than on the events of
his life. A few sentences must suffice. He had a large
and liberal spirit, a just and upright mind, a benevolent
and affectionate heart. He was therefore the friend of
freedom, good government, and reform, of charity, peace
and religion—the friend of the people, and especially the
friend of the poor and oppressed. Whilst decided in his
opinions, he was most catholic in his disposition: whilst
the most faithful of adherents, it was his delight to co-
operate with men of all parties and sects for common ob-
jects. His understanding was sound, strong, and
clear—his judgment cool and cautious. He was
universally regarded as one of the safest of coun-
sellors. In his own profession and trade be
was at once enterprising, prudent, and inde-
fatigable. In the discharge of his Parliamentary duties
he was unwearied. His temper was mild and equable,
yet at the same time cheerful and buoyant—a combi-
nation which was singularly conducive to his own hap-
piness and to the happiness of all around him. Few
men have been moro universally popular and more truly
beloved. He combined manly firmness with the truest
humility. His tastes were simple and unostentatious.
In domestic life he was the most amiable of men—.
gentle, forbearing, loving—the very bond of union:
his radiantl countenance, the image of an affectionate
heart, shed light through all his home, and made
his large family circle one of unbroken peace.
His religious views were evangelical, and he possessed
the soul of religion in charity, faith, humility, and
love. At the approach of death his view of his
own merits was most lowly and self-abasing, and
his view of the Divine goodness and condescension al-
most overpowering. The sunset of his life was serene
rather than glowing. Patient, resigned, and gentle,
watched the ebbing of the tide of life;
and inthelov and
midste
he
of his large family, looking around h;9l with
was
that
heavenward with hope, his death, like his 1 fe,
of the good man.
If we may judge from the inquiries :during Mr
Baines's illness, few men have passed out of life more

LONDON AND NORTII-WESTERN
RAILWAY.
(From the Times of 3 esterday.)
We have been informed by the authorities of the
North-Western that the engine-drivers, to the
[mintier of 12.0, on one of the divisions ef this line, have
given 'mice of a strike unless their demands, some of
which are quite unreasonable, are complied with. Should
this threat be carried into execution, the public must
unavoidably suffer very considerable inconvenience; for
although Government have promised the company all
the assistance in their power, yet it would seem to be
quite impossible to supply the place of. so large a
body of skilled labourers in a short space of time.
With respect to the quarrel between the drivers and
their employers, the blame, in so far as we are able
to judge, does not rest with the latter. About a month
ago the:drivers demanded an increase of wages, which
was granted them. They are now better paid than the
drivers of most—we believe, of all—other lines. Eiery-
thing has been done to promote their c.2mfort, and to
encourage good behaviour. Indeed, it is well known
that the persons employed on the North-Western Rail-
way, in every department are as well, perhaps better,
treated than any other employes in the kingdom. A proof
of this may be found in the eagerness with which ap-
pointments are sought under this Company.
The real cause of this threatened strike is, no doubt,
the mischievous system of clubs and unions which
obtains among the various trades. The first request
made by these Engine-drivers was, as we have stated,
complied with by the Company. The deputation
which preferred the request declared itself per-
fectly satisfied. The matter would thus have been
set at rest. But it was the interest of the knaves who
foster agitation among the lower classes and trade upon
their discontent to keep up-a grievance. It is these fel-
lows who have got up the strike. We have no doubt
that the majority are willing enough to continue work.
They usually are so in these cases, but they are not per-
mitted. In this instance the leaders have resorted to
threats, even against the life of persons refusing to join
the strike. Where such menaces can be brought home,
the law is strong enough to deal with the offending
parties. It is, however, doubtful whether the company
are in quite so strong a position, with reference to such
combinations, as the public convenience requires them
to be. In this case, no doubt the Legislature will
strengthen their hands, for it is a matter of the first im-
portance that the communications of the country should
not be interrupted by the impertinent folly of a few
engine-drivers.

(From the Herald of this day.)
Nearly the whole of the engine-drivers and firemen
employed upon the southern division of the above rail-
way-we believe there are but two or three exceptions-
have sent in the usual notice (a fortnight), to quit the
company's service.
The cause of this disagreeable proceeding does not
arise from any peculiar dissatisfaction on the part of the
rum with the rate of wages, but rather from a suspicion
that a new classification of payment, to which they have
recently been subjected, is intended to affect their wages
indirectly, and to bring them under the capricious con-
trol of their superintendent. The men have had several
meetings during the week, at ono of which, held on
Thursday night, we were present, and having heard
their statements, and been put in possession of thrinortit
munications that have passed btltaveens,..kw and the
authorities at Euston-Fquartls We shall endt•shar, very
briefly indeed, to state the case, with as few as possible
of the many irritatiirg circumstances with which it is
surrounded. •
It appears that the wrs.disire to be paid orrsAtt they
all the old scale of remusicration. s,,,,Undar that scale a
(Myer had 6s. per day fo months ChftZr he had driven
his engine for six months ay was increased to 6s. 6d.
per day for the next six months; to 7s. for the year fol-
lowing; and afterwards he had au additional 2d. per day
per annum, until his wages amounted to Bs. per day. A
fireman, when ho was promoted to the situation of driver,
had ss. per day for the first six months; Gs. per day for
the following half-year; Gs. Ed. per day for the next
twelve months; 7s. per day when he had been a driver
for two years, and then 2d. per day per annum until his
wages reached Es. per day.
The new scale of classification and payments is as fol-
lows:-Special-class, number limited to 20 drivers, at Bs.
per day; first-class, limited to 40, at 7s. 6d. per day ;
second-class, limited to 30, at 7s. per day; third-class,
limited to 30, 6s. 6d. per day; fourth class, limited to 20,
at ss. 6d. per day. There are 20 firemen at 4s. per day;
30 at 3s. 9d. per day ; 20 at 3s. 6d. per day; 30 at 3s. 3d.
per day; and 20 at 3s. per day.
It is stated by the authorities that the previous aver-
age of an engine-driver's wages was 11. 18s. 9d., and that
the average under the classified system is 21. Is. 9d.; and
that the average wages of the firemen have by it been
advanced from 19s. 9d. to 1/. Is.

The men admit that the average payment under the
classified (new) system is higher than it was immediately
before the introduction of such system ; but they fear
that the locomotive superintendent may, by the dismissal
of men from the " special class," for alleged neglect or
misconduct, reduce the prescribed number, twenty, to ten,
or five, or one ; and that he may, at his discretion or
caprice, reduce the prescribed thirty of the " first class "
i❑ the like proportion. Another objection to the classi-
fied system is that it does away, in a great degree, with
the old practice of increasing the wages of the men in
proportion to the periods of their respective services, and
that a driver or a fireman may remain in the lowest class
and receive the lowest pay for years. In fact, the men
express their conviction that the new system of classifi-
cation has been introduced for the express purpose of re-
ducing their wages, and that it is the first link in a chain
of operations by which they aro to be placed in a posi-
tion that will leave them almost entirely at the mercy of
those placed in authority over them. Mr. 11.‘Connell,
the locomotive superintendent of the line, dis-
tinctly denies that such is the purpose of the classified
mode of payment, and asseverates that the system has
been devised as much for the benefit of the men them-
selves as for the proper working of the traffic. In the
meantime the authorities are taking steps to procure
new drivers and firemen, while the old hands, who aro
very positive in their declarations that a new body of
efficient men cannot possibly be secured, appear to be
thoroughly determined to quit the railway at the termi-
nation of their fortnight's notice. Our earnest hope is,
that this very unfortunate dispute—and in using this
expression we speak from a full knowledge of the case—
may, for the welfare of the company, the men them-
selves, and the public, be settled in an amicable manner;
and it is this hope alone which induces us to withhold,
for the present, a report of the proceedings of the drivers
and firemen at their meeting on Thursday last. While
there is any chance of a reconciliation between the
authorities and the men, wa think, on a full considera-
tion of the whole case, that the publication of the many
mutually-irritating statements made at that meeting,
might at this moment do more harm than good.