The Sun.
London, England, 1851-07-11 00:00:00

JULY 11, 1851.

buan he was always found 300 miles distant—at Sara-
wak, making war on the Dyaks, not putting down pi-
rates. The evid,nce adduced did not appear to him
(Mr. C.) to prove that Sir J. Brooke was engaged in
putting down pirates. On the contra, it showed that
he had been carrying on a war with his next neighbours
—a war of territory, by which he thought be would bo
enabled to take possession of his neighbour's lands as
well as those of which he had possessed himself

in Sarawak. v The country had a right to ask that
some proof should be given that these two identical
tribes had ever committed one act of piracy upon any
European vessel. The manner in which this question
was met was a monstrous insult to their tin-
derstanding.—(Hear, hear.) He hoped that whatever
the decision of this House might be, the country
would not let the question rest where it was. He thought
the Hon. Member for Montrose deserved the gratitude
of the civilized world for his attempt to rescue
the country from the stigma that pressed upon it, so long
as this matter was allowed to remain as it was.—
(Laughter.) They were disposed to think no more of
this amount of human life than if it were so many dogs

that were destroyed. And the opponents to this iiAuiiy
had even mixed up in their arguments professions of
religicn and Christianity. But did they present them-
selves to the inhabitants of Borneo as Christians and as
followers of the New Testament, which even commanded

them to love their enemies, when they slaughtered 500
unfortunate beings, who had never done them any harm?
If the country had not moral force to insist upon an in-
quiry into this matter, never let them sat themselves up
again as patterns of r, ligion and morality. On the con-
trary, let them at once candidly admit that they had
been guilty of the greatest atrocities up:a the coast of
Borneo.
Sir F. THESIGER called the attention of the House
to the many proofs contained in the papers bA fore the
House of the tribes of Sarebas and Sakarran being pi-
rates. This question had been the subject of judicial
inquiry and of judicial determination. In 1844, on a
question arising as to the right of the crew of the Dido
to receive head-money in respect to an engagement
had under the command of Captain Keppel, the
provisions of the 6th George IV. were discussed,
and the question was whether the tribes of Sakarran
were really pirates or not? The judge who presided on
the occasion was one known for his high intelligence,
and whose feelings would revolt from the bare idea of
oppression or cruelty. The Queen's advocate raised
the question. That learned judge pronounced that the
proof was conclusive. On the 31st July, 1849, the same
question arose before another judge. Deposition after
deposition was produced, which proved clearly and dis-
tinctly that these tribes of Sarebas and Sakarran were
pirates. The decision of the judge proceeded on that
ground, and then the Hon. Member for the West Riding
of Yorkshire appealed to the House for proof of that
important fact.—(Cheers.) He thought that the Hon.
Member for the West Riding of Yorkshire must be
very hard to be satisfied if he did not take these facts as
conclusive of the proof.—(Hear, hear.) He (Sir Fre-
deric Thesiger) rose principally to address himself to a
question raised by the Right Honourable Gentleman the
Member for the University of Oxford (Mr. Gladstone);
and he was anxious that it should not go forth to the
world on the credit of that Right Honourable Gentle-
man's reputation and authority that any doubt could at
all exist with regard to the legality of the proceedings.
The point which the Right Hon. Gentleman had taken
was this, namely, that an Act having passed in 1837
which reduced the punishment for piracy from death to
transportation, that, therefore, it was not lawful to put
these pirates to death unless they had resisted, because
under the second section of the Act it was only in case
of resistance that the parties were liable to capital
punishment; and the Right Hon. Gentleman further
said that although several vessels had been engaged in
this enterprise, only a few of them had made any re-
sistance, and therefore it was not lawful for those en-
gaged in her Majesty's service to do more than capture
the other vessels that were not so actively engaged in
resistance. He (Sir F. Thesiger) should venture to have
thought that, where a number of vessels were engaged
in one common enterprise, and a portion of them had
offered resistance, that that circumstance was quite suf-
ficient to warrant an attack upon the whole of them.—
(Cheers.) He would concede to the Right Hon. Gen-
. . .

tleman that, supposing the case was one which came
within the Act of Parliament, it was then not a lawful
course to pursue. But let them see whether the Right
Honourable Gentleman had not made a mistake upon
this subject. They knew well that not the
law, for there was no law with pirates—(Hear)—but the
general rule was, that pirates were the enemies of the
human race—(Hear, hear)—and might be exterminated
to protect peaceful commerce throughout the world.—
(Hear, hear.) The law in regard to piracy in England
was dependent upon the 6th Geo. IV., which, for the
encouragement of its suppression, gave head money in
respect to every person on board every piratical vessel.
But, said the Right Hon. Gentleman, the Act of 1837
reduced the punishment from death to transportation.
No doubt it did, but then his Right Hon. Friend must
have perceived from the character of the punishment
that it was not applicable to the Malays and Sakarrans.
—(Loud cries of " Hear, hear.") This Act applied only
to British subjects.—(Cheers.) It would be extraordi-
nary for them to think of transporting the subjects of
another country under the provisions of an English Act.—
(Laughter.) It would bo ridiculous for them to attempt to
bring such parties to trial and to transport them beyond
the seas to any place where her Majesty might think fit.
—(Hear.) At that late hour he would not occupy any
more of the time of the House. He trusted that this
unfounded accusation, so pertinaciously and unrelent-
ingly persevered in, would be at last put an end to by a
triumphant majority that night.—(Cheers.)
Colonel THOMPSON would state the reason why he
would vote for the Hon. Member for Montrose. He no
more believed in Dyak pirates in Borneo than he be-
lieved in dragons in Cappadocia.—(Laughter.) The
evidence adduced was as convincing and overwhelming
on their side as it was possible to adduce. That evidence
might not tell in that House, but it would in the country.

Mr. FORSTER said if these parties were not pirates
he wished to know what they were? He held in his
hand an extract from Lloyd's List, giving tho number
of vessels captured or destroyed since August, 1539, to
February, 1851, upon the coast of Borneo, by which it
appeared that upwards of forty vessels had been sacrificed
by these pirates.—(Hear, hear.)
Mr. HUME, in reply, denied the accuracy of the
statement, and declared that he could adduce the most
unanswerable evidence (if this inquiry were granted)
to disprove these assertions. Everything that bad
passed that evening convinced him more and more of the
correctness of his original statement.—(Laughter.) The
Hon. Member concluded by stating that he would take
the sense of the House on the motion.

The House then divided, when there appeared—
For the motion
Against it ...
Majority ...

-. 230
...----211

Tho announcement was received with loud cheering.
The Stock in Trade Bill then went through Commit-
tee, so likewise did the Tur npik o Trusts Arrangement
Bill, the Militia Ballot Suspension Bill, the Summary
Jurisdiction (Ireland) Bill, the Petty Sessions (Ireland)
Bill.

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, July 10.
(Sittings at Nisi I'riu3 at Guildhall, before Lord CAMP-
BELL and a Special Jury.)
HEAD V. THE EASTERN COUNTIES RAILWAY COMPANY.

HEAD AND WIFE Y. THE SAME.

These were two actions which had been brought
against the Eastern Counties Railway Company to re-
cover compensation in damages for certain injuries which
the plaintiffs had sustained, in consequence of a collision
which took place upon the Eastern Counties line on the
23d of December last, by reason of the alleged negligence
of the company's servants.
Lord CAMPBELL suggested that both actions should be
tried at the same time by the same jury, and this propo-
sition being acceded to by both sides, the cases proceeded
toeethor.

Sir F. Thesiger and Mr. M. Chambers, Q.C., appeared
for the plaintiffs;
vill for the defendants.
and Mr. Crowder, Q.C., and Mr. Bo-
The nature of the plaintiff's' cases will be fully under-
stood by simply premising that the collision took place
by the Enfield express train running into the Hertford
train, while the latter was waiting for only a few mi-
nutes on its down journey at the Stratford station. The
evidence given by the plaintiffs' witnesses was as fol-

laws:—
William Atkinson examined—l was station. master at
the Shoreditch station on the 23d of December last.
There was a book kept there of the times when the
trains started. The Brentwood train was advertised to
start at 4.20, the Hertford train at 4.30, the Enfield ex-
press at 4.45, and the Norwich express at 5. The Brent-
wood train called at every station. It was a Stopping
train. The distance from Bishopsgate to Hertford is
about 31 miles. The Hertford train did not stop at
Mile-end or Bow, but its first stoppage was at Stratford.
The Enfield express ran by Stratford, and stopped two
miles beyond Stratford. The Norwich express did not
stop till it got to Waltham. The Brentwood train, to
the best of my recollection, started at 4.30, 10 minutes
after its time. The book is kept by one of the company's
servants, a porter on the platform. He is appointed to
keep the time.
Mr. CROWDER here objected to the witness's looking
at the book.
The witness continued—The Stratford train started
at 4.40. My impression is that the Enfield express
started at 4.52.
Cross-examined—The Brentwood train leaves the
main line just before the Stratford station. The Hert-
ford train goes on the Cambridge line. The Enfield ex-
press goes to Marsh-gate, four miles beyond Stratford.
The Norwich express continues on the Cambridge line.
About Christmas there is a great difficulty in keeping
the time. There was a dense fog on the 23d of Decem-
ber. It was impossible to see anything worse. Fog sig-
nals are prepared for use on that line. They explode
by detonating powder. All the officers at all the sta-
tions are provided with them. Persons are appointed to
put them on the line. On this day we had given out
1,000 or 1,500, and persons were appointed at 150 or
200 yards apart along the line. I have no doubt they
were used on this occasion; at least, I issued mote from
time to time. On this occasion you could not see a lanthorn
for more than five or six yards.
Re-examined—The times of the trains have been al-
tered since the accident, but not immediately. I cannot
recollect exactly the time of the change. I was changed
shortly after to another station, which is considered an
inferior station. It is the duty of the engine-driver,
when he sees a signal which indicates caution or danger,
in the first ease to slacken his speed. and in the second
to stop altogether and wait for further advice. I dis-
patched men down the line with the signals.
By Lord CAMPBELL—The engine-driver of the En-
field express was on his engine, close by when the
Hertford train departed. The engine-driver's attention
was called to the fact that the Hertford train was behind
its time.

William Wills, examined—l was a porter at the Strat-
ford station. It was very foggy there on the night in
question. The Stratford junction is about 150 yards from
the Stratford station. There was no telegraphic commu-
nication between them, and there is none now. I re-
member the Hertford train coming at about five o'clock.
It was due at 4.41. I cannot say at what tine the En-
field express train was due. No fog-signals had been
put down between the Stratford junction and the Strat-
ford station. The Enfield train seemed to be coming on
fast. I and another servant went to the end of the plat-
form, and tried to stop the train by shouting. The train
did not appear to slacken speed. It seemed to be going
about 12 or 14 miles an hoar when it pitched into the
train. It drove it the length of three or four carriages.
It broke the carriage in which Mr. and Mrs. Head were.
The ends were smashed. The middle compartment was
not so much injured. Tho train ought not to go more
than five miles an hour over the junction point. The
Hertford train had been about three minutes at
the station. The passengers were all out, and the train
was just going on.

Cross-examined—The place where the fog-signals
would be placed would be on the other side of the junc-
tion. Signalmen would be between. There were people
on both ends. Mr. Richardson was immediately on the
platform. Every care and attention that could be paid
was paid to the persons injured. The fog continued till
about twelve o'clock. The carriages were cleared away
as quickly as possible. We sent Mr. and Mrs. Head on
to Broxbourne as speedily as we could. Some people
were more injured than they were.
Re-examined—l don't know whether Mr. and Mrs.
Head were told that they must stop at the Water-lane
station. I don't know when they were forwarded.
By a Juror—The train usually passes the station at

twelve milers an hour. After passing the junction they
put on their steam.
John Murray examined —I was station-master at Bow
when the accident happened. I recollect the Brentwood
train coming to Bow. I can't recollect the time, but it
was too late. While there the Hertford train came up.
It gave the Brentwood train a slight shock. There was
a fog-signal laid down as a caution. Two were not
laid down, because the fog•man was out of signals. lie
might hold up a flag, but it could not be seen at any
distance. The Hertford train was detained five or six
minutes. I sent a man back immediately to stop the
Enfield express I believe the man lett one signal on
the rail. I observed, or at least heard, the Enfield
express coming. It did not stop. It passed Bow at
seven or eight miles an hour, and then appeared to put
the steam on. It was behind its time when it passed. I
cannot say whether the Norwich express was then due.
The Bow station is about a mile and a quarter from the
Stratford junction. Alter the accident there was an al-
teration in the trains. I got two dozen EL ore fog-signals
that night. It may have been two hours after the acci-
dent. I had not heard of the accident then. I did no-
thing to stop the Norwich express.
Cross-examined—l had a large quantity of fog-signals
that day on account of the fog. Theman who had used
up his fog-signals came to me for some of mine. I had a
greater supply of men in consequence of the fog.
Re-examined—When my fog-signals were gone I bor-
rowed of the drivers and guards.
Benjamin Richardson examined—l am station-master
to the Stratford station. I remember the Hertford train
coming up. I was attending to a female passenger who had
fainted in consequence of the collision at Bow. I was pro-
vided with fog-signals. I believe none were put down be-
tween the junction and station. The train came on at fastish
speed. I ron over as quickly as I could. The last carriage
was second-class, the next was a first•claas carriage,
in which Mr. and Mrs. Head were. Both of them were
carried out. They were suffering very greatly; but I
bad not much opportunity of attending to them, as my
attention was otherwise occupied. I promised that they
should be taken to Broxbourn as soon as possi-
ble, and gave instruction to that effect. I assisted in
removing Mr. and Mrs. Head from the carriage. Mr.
Head could not walk. He seemed shocked. Mrs. Head
was carried. They remained in the station until medical
aid arrived, for about an hour or more. Ile wished to
be taken to Broxbourne, where he resided. At that
time there was no telegraphic communication with Lon-
don. Since that, ono has been made. The trains were
not altered for some time, about three months. Now,
the Hertford train starts at '2O minutes past 4, and the
Brentwood train at a quarter to 5 o'clock.

Cross-examined—We are obliged to have a good
many trains following one another rapidly. I sent out
a man expressly beyond the junction with fog-signals.
I believe there were one or two extra hands at the sta-
tion in consequence of the fog. We got medical men
almost immediately. We got every one we could get.
Re-examined—The Enfield train ought to have stopped
between the junction and the station. The fog-signal
was put down, but I cannot say it was attended to.
Charles Foster examined—l was a porter at the Water-
lane station on the night of the accident. That station
is six miles from the Stratford station, about 60 yards
before the line turns off to Enfield. Mr. and Mrs. Head
were in a carriage in the Enfield train. _ The carriage in

which they were was taken off, and pushed by hand on
to the Water-lane siding. The train then proceeded to
Enfield, which is three miles and a half distant. The
engine returned as soon as it had conveyed the train.
It remained at Water-lane until the down train came.
Mr. and Mrs. Head remained in the carriage an hour or
an hour and a half, till they were taken on by the half-
past seven o'clock train from London. That was n slow
train, and usually arrived at Water-lane station at four
minutes past eight. It was later than usual that night.
It was foggy and frosty that night. The engine which
remained was idle till the slow train came.
Cross-examined it remained for the down train for
Broxbourne.

George Griffiths examined—l was a porter at the
Broxbourne station on the day of the accident. The
train arrived at 25 minutes past eight with Mr. and Mrs.
Head. They appeared to be suffering from an accident.
I carried Mrs. Head to a carriage—a fly—and accom-
panied them to Hoddesdon, which is about a mile and
,11
half distant. I carried them both up stairs. Mr. lic"
is of the firm of Charrington and Head, the brewers in
the Mile-end-road.
Cross-examined—l took them in the best conveyance
I had, and took the best care of them I n"lde'al man
Thomas Ansell examined—l am a meth the e .at
Bow. I went to the station at Stratford on
They
much bothof ithh that
slid Iu vening
of the accident. The plaintiffs bad
,r left,
were " them
at Hoddesdon the same
nig"
hsomYw much to the cold.
very exhausted state. I cannry:
ald have a d effect. Mr.
downward. " e
I eg
"no th lu has k
wasT he hewxtphogsutroe the
tto accidentcol d
concludedan to
there
l
Head was much bruised. t{
very much from the
was no fracture, a, Afr. head told
me ho walked from
the station to the carriage. I applied warm fomenta-
tions and leeches. I continued to attend him more or
less for three weeks. Ho was in bed during the whole
of that time. I then left him, still in bed, to the
charge of Mr. Locke, of Hoddesdon. It was impossible
for him during three weeks to get out of bed. Ho
suffered intense pain upon the slightest attempt to move.
lTever might have ensued. If there had been an actual
fracture, it would have been infinitely less p4inful.
Mrs. Head's system had sustained a very great shock.
Tho injuries of both the parties were much the same.
i Mrs. Head's legs were also much swelled. Mr, Head