The Sun.
London, England, 1860-12-22 00:00:00

THE SUN, LONDON, SATURDAY EVENING, DECEMBER 22, 1860.

the peace, and purchasing Venetia for Italy on fair
and honourable terms. But such a settlement must
be absolutely concluded on its own basis, not ham-
pered with guarantees or with eventual compensa-
tions. The British people will most certainly never
consent to guarantee the dominions of any Power.
And to promise Austria territorial compensation in
the East of Europe would be simply to light an in-
exhaustible funeral pile for the Turkish Empire.—
Daily News.

TEE COLLIE.RY EXPLOSION IN SOUTB

WALES.

RISCA, DEC. 20.
This morning Mr. W. H. Brewer, the deputy
coroner, and the fifteen gentlemen previously em-
panelled to inquireinto the circumstances attending
the above calamity, re-assembled at the Albert
Tavern.
Mr. Brough (the Government inspector of mines
for the district) was in attendance, as were also
Mr. Phillpotts, the manager of the Risca Coal and
Iron Company (to whom the pit belongs), and Mr.
Owen, solicitor, of Newport, who attended on be-
half of the friends and relatives of some of the de-
ceased.
Up to last evening seven bodies had been
recovered in addition to those previously mentioned
in our columns ; and last night another body was
brought up from the pit. The names of the former
were John Phillips, Nathaniel Phillips (brothers),
Reece Morgan Reece, Charles Evans (a boy), D.
Edwards, H. Parnell, and Wm. Davis; and of the
latter Isaac Bateman. The first seven had been
previously viewed by the jury, and the deceased
had been interred on the following day.
The Coroner now said they would only have the
body of Isaac Bateman to view ; but as he was
speaking, information arrived that two other bodies
had just been brought up, but that their names were
not known. These were afterwards found to be
Charles Cox and Henry Goulding, and they were
placed beside the other body, so that they might all
be viewed together to enable the coroner to grant
certificates of death, in order that immediate inter-
ment might take place. It was also stated that one
or two other bodies were expected to be brought up
during the night, in which case the jury undertook
to view them the next morning.
With regard to the total number of victims of the
calamity, they still appear to be 142 ; 116 are ac-
counted for, and 26 are yet reported as being
"underground and missing." Three of the 116
were brought up alive, but have since died from
the effects of their injuries.
As to the present condition of the pit it appears
that since the determination was arrived at to regu-
larly clear it, as the quickest mode of recovering
the remaining bodies, Mr. Brough, Mr. Phillpotts,
Mr. Harrison, the underground viewer, and the
other experienced men who have rendered assist-
ance to the company, have devoted themselves with
unremitting vigour to effect that object. They
have so far succeeded that the ventilation has been
to a great extent restored, and the most formidable
" fall" almost removed. When this latter task has
been entirely accomplished, it is believed the miss-
ing bodies will be rapidly recovered, it being ima-
gined that the majority are all close together at a
spot which, up to the present time, has not been
able to be reached. A few days more, however,
must elapse before the efforts that are being made
can be entirely successful, owing to the quantity of
gas still in the pit.
The names of the jury having been called,
Mr. Brough, the Government inspector, said he
had to solicit another adjournment of the inquiry,
and he did so upon the ground that it was impos-
sible to complete the examination of the
pit until the ventilation had been restored. He
did not think that could be effectually accom-
plished until the first or second week in January,
and, perhaps, not even then • but he believed an
adjournment until the 9th of January would allow
time sufficient for the purpose.
The Coroner inquired of the jury whether the
day named would be convenient to them ; when
Mr. Owen requested to be informed whether the
convenience of the " other side" would be consulted
in any arrangement that took place.
The Coroner—What side ? I have nu " other
side" in this inquiry. I have no " for" or" against"
here. I am an impartial judge.
Mr. Owen—And I beg it to be distinctly un
derstood that all I want is the truth.
The Coroner—You may depend upon it, Mr.
Owen, that as far as I am concerned there shall be
"a full and just investigation. But lam guided prin-
cipally by the Government inspector, and I must
wait until he is prepared to give evidence.
Mr. Owen then wished to be informed what
course would be adopted when the jury met after
the adjournment. He had been present on several
occasions, and he always endeavoured to ascertain
what line of conduct would be pursued when they
met again.
The Coroner said he should begin to examine
witnesses if Mr. Brough was prepared.
Mr. Owen would also like to know whether the
persons acquainted with the workings of the pit
would be admitted to hear the evidence. He recol-
lected that when he was there before, when a simi-
lar catastrophe had taken place, he was compelled
to ask his way to the inquest-room, and the rela-
tives and friends of the deceased were not admitted.
The Coroner replied that all he could say on that
point was that any person who was likely to be
called as a witness would not be allowed to remain
in the room, but, with that exception, any persons
might be present. If they did not interfere with
the business he was sure he should not interfere
with them.
Mr. B rough might venture an observation with
respect to taking evidence. He had attended
several similar inquests, and it was the invariable
rule for the government inspector's evidence to be
taken last.
Mr. Owen said that was the reason he had asked
what course was intended to be pursued when. they
assembled. Other evidence was to be taken besides

that of the government inspector.
The coroner—Yes, Mr. Owen, that is true
enough ; but Mr. Brough will like to be present
while the other witnesses are being examined.
Mr. Owen—l wish it to be distinctly understood
that all I am anxious for is that a full and proper
inquiry shall take place.
The, Coroner—And I repeat that as far as I am
concerned it shall be so.•

Mr. Owen then complained that letters had been
written to the public papers giving only one side
of the case. He did not think that fair, and he was
only anxious that the future proceedings should be
strictly impartial. The public had had its atten-
tion directed to a fearful catastrophe, and on behalf
of the poor widows and orphans who had been left
it demanded proper investigation.
The jury were then swore to inquire into the
cause of the death of James Hammond—one case
having been at the request of the coroner selected
from the others—the verdicts with regard to the
great bulk of the deceased to be the same as recorded
in the case agreed upon.
Mr. Owen now asked Mr. Phillpotts, the mana-
gcr of the mine, whether ho had any objection to
give him a tracing of the underground workings
of the mine. It was done in the last case of a
similar character.

Mr. Phillpotts replied that Mr. 0 wen had written
to his (Mr. Phillpotts') solicitor, who had intimated
in answer that if Mr. Owen seat any respectable
surveyor to the pit there would be no objection for
him to take a tracing of the working, but on his
own part he (Mr. Phillpotts) positively declined to
incur the expense of providing anether tracing.
He had furnished tracings to Mr. Brough, to the
coroner, and to every viewer, and all of those would
be in the room when the evidence was being given,
and Mr. Owen would have ample opportunity of
inspecting them and framing his cross-examination
after doing so.

Mr. Brough said Mr. Owen might have free
access to his copy of the tracings.
Mr. Owen remarked that he wanted the tracings
before the evidence was given, so that he might as-
certain the state of the ventilation of the workings,
and frame his questions accordingly.
Mr. Phillpotts said ho should be fully prepared
to show the state of the ventilation in the workings.
He was most anxious to do so; but he declined to
go to the expense of getting another tracing for
Mr. Owen, who had not stated for whom he ap-
peared.
Mr. Owen—l appear for the dead, and I shall
na allow the matter to be settled without inquiry.
You will hear of the subject again, but I will now
take your direct refusal.
Mr. Phillpotts —There will be plenty of tracings
in the room. There is no reason for incurring ad-
ditional expense.
The jury then proceeded to view the bodies,
which lay in one of the sheds near the pit's mouth,
In every case it was almost impossible to establish
a satisfactory identity; in fact one of the bodies
resembled a block of coal, and scarcely a feature
could be traced. The others were fearfully mutilated.
At the conclusion of viewing the inquiry was
formally adjourned until Jan. 9.

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ASSIZE iNTELLIGBNCE.

NORTHERN CIRCUIT.—YORK, DEC. 20.
(Before Mr. Justice Hill.)
THE ATTEMPTED MURDER NEAR LEEDS.
_ _

John Ken worthy was charged with having, at
New Wortley, near Leeds, on the Bth of October,
attempted to murder Stephen Lupton. The pro-
secutor, who is a single man, about 29 years of age,
kept a shop, in which he resided by himself, in
Holdforth-street, Armley Hall, Leeds. The pri-
soner, a married man, lived in Campbell-street,
about 200 yards from Lupton's ; and his wife fol-
lowed the occupation of a charwoman, in which
capacity she was employed by the prosecutor on
the Saturday before the committal of the present
offence. At about half-past five o'clock on the
morning of Monday, the Bth of October, prosecutor
was awoke by a knocking at the outer door of his
house, and by the barking of the house dog.
Looking out of the window, he saw the prisoner,
who asked for some castor oil. Prosecutor,
having let the prisoner in, served him with two
ounces of the oil he had asked for. The prisoner
then asked for a number of other articles,
which the prosecutor prepared for him. Lupton
was standing with his back towards Kenworthy,
reckoning what the articles came to, when the pri-
soner knocked him down by a blow on the head,
and repeated the blow whilst he was on the ground.
The prosecutor was stunned, but, nevertheless,
managed to get upon his legs. He seized the pri-
soner, and a scuffle ensued, in which the couple
eventually got to the bottom of the stairs. At this
time the candle had been extinguished; the pro-
secutor was bleeding profusely from the head, and
he and his assailant were on the floor. The prisoner
eventually got on the top of the prosecutor, and
seized his nose with his teeth, but Lupton, by get-
ting the prisoner's thumb in a similar position,
released himself. He then crept into the shop,
whilst the prisoner proceeded upstairs and com-
menced ransacking the rooms. The prosecutor,
finding that he had not strength to open the shop
door, crept into the warehouse, and eventually get-
ting into the street, cried out " Murder !" The
alarm brought a Mrs. Horner to the spot. She
met the prisoner leaving the house, and on going
up to the prosecutor, found him so bathed in blood
that she could not find the seat of his injuries.
Another neighbour coming up, Lupton was taken
into the house, the floor of which was covered with
blood. Under a chair was found a hatchet, which
belonged to the prisoner. The prosecutor had sus
tained five scalp wonnds, and one on the left ear.
There was also a wound on the back, another on
the left wrist, a superficial one on the nose, and
many scratches on the face. Upon the crown of
' the head there was a compound fracture, the left
parietal bone being broken in several places. The
shape of this wound was that of a letter T, ,the trans-
verse part of it being 2* inches long, and cut down
to the bone. The longitudinal part was about the
same length and depth. To the left was another
wound, about two inches long, and which
also exposed the bone. A little to left and
more in front, there was a third scalp wound of the
same length and exposing the bone. The next woand
was behind the ear, and separated the upper part
of the ear from the head. To the right of the com-
pound fracture was another scalp wound about 2
inches long, and exposing the bone, the blow hav-
ing fractured the skull. The fifth scalp wound
was behind the head, 3 inches long and expos-
ing the bone, which was almost cut through, but
not broken. Five fragments of the bone of the
skull were subsequently removed. The wound on
the back was about three inches long, and exposed
the bone. Three of the wounds on the head ap-
peared to have been done by a blunt-edged instru-
ment, and the others, with one exception, with a
sharp-edged instrument. All the wounds were
of a dangerous character. Fresh blood and
some of Mr.Lupton's hair was found on the hatchet.
A knife, bent and bloodypwas also found at the
place in the police office where the prisoner had
been standing after he was taken into custody. It
appeared that, after the committal of the above
offence, the prisoner went to his mother's and
changed his coat and waistcoat. He then
went home and took off his trousers, and
sent them to pledge. The latter, however,
were afterwards found by the police, and bore
numerous marks of blood ; while the coat and waist-
coat, similarly marked, were found concealed at his
mother's. The prosecutor's bedroom was found to
have been ransacked, and the motive assigned for
the commission of this outrageous attack was not
only one of plunder, but in order to prevent the
possibility of the prosecutor, who well knew the
prisoner, afterwards giving evidence against him.
His Lordship complimented Mrs. Horner for her
courageous conduct on the morning in question.

The jury found the prisoner guilty of wounding,
with intent to do grievous bodily harm ; and he was
sentenced to 15 years' penal servitude.

HOME CIRCUIT.—CHELMSFORD, Dec. 21.
(Before Baron Bramwell.)
Thomas Hayden, 40, described as a labourer, was
indicted for feloniously assaulting Harriet, Hay-
don, his own daughter, a girl 15 years of age.
There was also another indictment against the
prisoner which charged him with assaulting crimi-
nally three others of his daughters—Emma, aged
10 years ; Phoebe, aged 16; and Anne, aged 17.
Mr. Walford conducted the prosecution,
This was one of the most atrocious cases that has
ever perhaps been brought before the public. It ap-
peared that the prisoner is a married man, and he
had lately resided with his wife and the four girls
who were the subject of the inquiry at Beddow, near
Chelmsford. The prisoner, who seemed to have re-
ceived a rather better education than usual in per-
sons of his position, was formerly addicted to drink-
ing to excess, but of late he become a teetotaller,
and had delivered lectures upon teetotalism. The
evidence left no doubt that fora considerable period
the prisoner had been in the habit of conducting
himself in the most abominable manner to-
wards his daughters, and that he commenced
this course of conduct when they were not more
than nine or ten years of age. The first charge
gone into was the one above mentioned, which
charged the prisoner with committing a feloni-
ous assault upon his daughter Harriet, a very mo-
dest, decent-looking young woman, who stated that
on the 14th of September, while she was in the
garden, the prisoner told her to go into the shed
for a cucumber, and he followed her and made use
of an indecent expression to her. She requested
him to be quiet, but he laid hold of her and com-
mitted the offence imputed to him. She told the
prisoner
that she would tell her mother, and he
said that if she did he would kill her, and he also
said that if she made known v. hat had happened
to any one he should be sent to prison and hanged,
and that she would be sent to prison with him, and
they would let him knock her about as much as he
liked. In consequence of these threats, she was
afraid to tell her mother what had taken place. In
answer to questions put by the learned judge, this
witness said that the prisoner had repeatedly
assaulted her in a similar manner, and that the first
time he did so was five or six years ago, when she
was not more than nine or ten years old, and at
that time she said she did not know what he did to
her ; but she was afraid to say anything about it
on account of his threats.
The prisoner, when called upon for his defence,
said that what the prosecutrix had been saying was
all a lot of stuff, and the charge had been trumped
up by his family to get rid of him.
Baron Bramwell, in summing up this case to the
jury, said it appeared to him that the evidence was
not sufficient to 'support the charge of felonious
assault, and that the prosecutrix had not offered
that resistance which was necessary to justify a
jury in convicting the prisoner of that offence.
The jury, after a short deliberation, returned a
verdict of not guilty.
The prisoner was then tried upon another indict-
ment, which contained four counts, each charging
him with indecently assaulting his daughters,
Emma, Phoebe, Harriet, and Anse Haydon.
Emmr, the first complainant, was a child only
10 years old, and she stated that one Sunday even-
ing, while her mother was gone to chapel, the
prisoner got into her bed and assaulted her. He
threatened to kill her if she told anybody what
had taken place, and she was therefore afraid
to say anything to her mother when she came home,
but on the following day she told her sister Phoebe
how her father had acted towards her.
Baron Bramwell asked the prisoner whether he
wished to ask his daughter any questions ?
The prisoner replied that he did not. She had
been telling nothing but lies. He had never been
at home alone with her on a Sunday, and she knew
that he never missed going to chapel.
In answer to a question put by the learned judge,
the poor little child, in a very artless manner, said
she did not like the prisoner after his conduct to
her, and she was afraid he would kill her when he
got out.
Phoebe Haydon, Harriet Haydon, and Anne
Haydon, the other three daughters, were then
examined, and they deposed to various acts of gross
misconduct on the part of the prisoner towards
them, and the witness Phcebe said that she was
subjected to the attacks of her father when she was
only ten years old, and she told her mother of his
conduct.
The prisoner here exclaimed that the mother
must have been a pretty sort of woman, if her story
was true, not to have put a stop to it.
The witness, apparently almost involuntarily,
said, in reply to this observation, " What sort of
a man must you be to act in such a manner ?"
Anne Haydon, the prisoner's eldest daughter, a
very intelligent girl 17 years old, spoke to the fact
of the prisoner having assaulted her upon various

occasions, but she said that she did not know what
to do. She was in service when she heard of the
attack that had been made upon her youngestsister,
and she then determined to let the matter be known
whatever the consequences might be, and first in-
formed her mistress, but she was unable to advise
her what course to take. She then, it appeared,
wrote to a brother, and he came to Chelmsford and
gave the prisoner into custody.
The Rev. Mr. Stackpoole, a magistrate for the
county of Essex, proved that while the prisoner
was under examination before him upon these
charges he said that as to the youngest child he
had never meddled with her, but he had committed
the offence charged with all the older ones and
gave them a shilling a piece.
When the prisoner was called upon to answer
these charges he merely said as he had done before,
that he was entirely innocent. He added that he
had no recollection of having made the statement
that had been spoken to by Mr. Stackpoole, and
the charges h4d been trumped up by his family
for the purpose of getting him away.
The learned Judge then summed up, and the
jury after a very short deliberation found the pri-
soner Guilty upon the whole of the counts of the
indictment.

His Lordship then addressed the prisoner in a few
indignant remarks upon his abominable and unna-
tural conduct, and sentenced him to be imprisoned
and kept to hard labour for two years upon each
charge.

WESTERN CIRCUIT.—EXETER, Dec. 20.
(Before Mr. Justice Byles.)
John Clapp was indicted for stealing a quantity
of grain from on board a vessel called the Ann
• Jones, then being on the high seas.
Mr. H. T. Cole prosecuted, and Mr. Lopes de-
fended the prisoner.
It appeared that Ridley, the prosecutor. was the
owner of a vessel called the Ann Jones, and in 1859,
the prisoner being the captain, the vessel was char-
tered to some merchants in London to proceed to
Galatz, a town on the Danube, where large quan-
tities f corn were shipped to this country. The
vessel took out a cargo of coal to Malta, and then
went on to Galatz, when she took a full cargo of
grain. The vessel then sailed down the Danube,
and came to a town called Tolcha, where the trans-
action took place which had led to the present
charge. There was no necessity for the vessel stop-
ping at Tolcha, but. the prisoner anchored there,
and went on shore on the 15th Nov., 1859. Shortly
after he left the vessel he sent an order to Steer, the
chief mate, directing him to lighten the vessel, and
a lighter came off into which 10 quarters of grain
were placed and taken on shore, and on the
following day 15 quarters more were taken away,
also by direction of the prisoner. Thus 25 quar-
ters of grain were taken on shore at Tolcha,
the prisoner being all the time on shore. Having
remained there two days, the prisoner came on
board, and they proceeded down the Danube. The
great question would be whether the prisoner had
removed this grain fraudulently, and had appro.
priated the proceeds to his own use. When the
prisoner came on board at Tolcha he asked Steer,
the mate, whether he had " logged" the grain.
Steer said he had logged the first boat. The pri-
soner said that was not necessary, and it must be
taken out; and under the directions of the prisoner,
the mate took the leaf containing the entry out of
the logbook. It was contended that if this had been
an honest transaction there would not have been
any necessity for taking out the leaf. There was
no entry of the grain having been sent ashore at
Tolcha, nor was there any charge for lighters tak-
ing it on shore. The ship went on to the month of
the Danube, where it was usual to lighten all ships
to enable them to cross the bar. Accordingly, in
the present instance, some of the grain was put on
board lighters, and after the vessel had crossed the
bar, the grain was transferred to the Ann Jones.
After the lighters had left the vessel the prisoner
told the mate to make an entry in the log that the
lighters left the ship with a quantity of grain on
board "unknown." The ship having met with bad
weather put into Malta, and the prisoner there signed
a protest giving an account of the voyage, but he did
not say anything about the transaction at Tolcha.
When at Malta the cargo was examined, and about
25 quarters of grain were condemned and sold. This
circumetance was perfectly described in the protest.
Upon the arrival of the vessel in Ireland the pri-
soner told the mate and crew separately not to
say anything about the grain which had been dis-
charged at Tolcha. The prisoner had caused a
bulkhead to be placed in the vessel, so as to take
up the room of 25 qrs. of grain. On the part of the
prosecution it was contended that the taking the
grain on shore at Tolcha, and the absence of all
mention of it in the log, and the statement of the
prisoner to the crew, proved the guilt of the pri-
soner. The vessel had taken in 1,083 qrs. at Galatz,
and only 1,003 qrs. were on board when the vessel
discharged in Ireland.
Mr. Lopes submitted that there was no property
in the prosecutor, who was only the owner of the
vessel. The grain belonged to the consignees.
The Judge thought the property for the time
being was that of the prosecutor, and was in the
possession of the prisoner as his servant.
Mr. Lopes then said there was a question as
regarded the " high seas," which were held to be
waters where the great ships went. The bar at the
mouth of the Danube prevented great ships going
up that water.
Mr. Cole said the statute of the 17th and I.Bth
Victoria, cap. 104, section 267, answered the objec-
tion by giving this Court jurisdiction, let the ship
if a British be where it might.
The learned Judge said that was an answer.
Mr. Lopes then said there was no proof of the
vessel having been a British ship, and that the only
proof of that fact was the production of the register
of the vessel.
Mr. Cole said that was one proof, but the pri-
soner, in his protest, had described the vessel as
belonging to Plymouth.
The learned Judge thought that was sufficient,
and the case must go to the jury.
Mr. Lopes asked the judge to save the point.
The learned Judge said he would do so if he
should have any doubt; the learned counsel had
put every point with great ingenuity, but he feared
they had all been answered.
Mr. Lopes then addressed the jury, urging that
there had been no conversion, and that there had
not originally been any felonious intent. The
weather had been very b id on the voyage, and when
the pumps were used the grain was pumped up,and
no witness could say how much; but his strong
point was that there was no felonious intent in the
mind of the prisoner, because, in the absence of that
intent, no larceny had been committed.
Mr. Justice Byles, in summing up, said it was a
very important case, and when the facts were
brought home to any person the jury would neglect
their duty if they did not find him guilty. By the
mere taking out the grain, if the prisoner had given
a.n account of what he had done no offence would have
been committed ; but then came the alteration in the
log, and that bore heavily against the prisoner.
The prisoner had afterwards caused a bulkhead to
be put up, so that the abstraction of 25 quarters
might not be discovered. Then the mate was
ordered to make an entry in the log that a quantity
of corn had gone in the lighters, " quantity un-
known." There was no ground for that entry in
the log, and the fact was denied by the mate and
crew, and by the prisoner's protest. That protest
was silent as to what had taken place at Tolcha.
Perhaps they would think there was no doubt the
grain had been taken, and that he intended to con-
ceal the fact of its being so taken ; but the question
was whether before he took it he intended to appro-
priate the proceeds to his own use.
The jury found the prisoner guilty, and he was
sentenced to three years' penal servitude.

It has bees determined to close Lloyd's at two
o'clock on Monday next, and the Baltic Coffee-house alto-
gether on that day.

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Shopkeepers who attempt imposition in one article must
expect to be distrusted in all others. Packed in tins llb.
2s. 9d.; 21b. 4s. 6d. ; 51b. 11s. ; 121 b. 225. ; 241 b. 408. The
121 b. and 241 b. canisters are sent carriage free on receipt
of Post-office order by Barry Du Barry and Co., 77,
Re-
gent-street, London; Fortnum Mason, and Co.; Abboi
60, Gracechureh-street; 4, Cheapside; 63 and 10, Ox-
bard-street ; 330 and 451, Strand ; 49 and 60, Bishopsgate-
street ; Batty, 16, Finsbury Pavement •, Phillips and Co.
tea-dealers; Petty, Wood, and Co., sing William-street,
City ; at 127, High Holborn; and all grocere.