The Sun.
London, England, 1858-03-01 00:00:00

11tatiR Cll 1, 18,5 F.

ASSIZE INTELLIGENCE.

SOUTH WALES CIRCUIT.--SWANSEA, FEB. 27.
:MURDER. —SENTENCE OF DEATH.
Maneli Tulphanta and Hanagadei Haling, two
Greek sailors, were indicted for the wilful murder
of Atanasio Mitropania, at Swansea, on the 16th
inst. Mr. Giffard. and Mr. Brown prosecuted ;
and Mr. T. Allen and Mr. Mills defended the
prisoners.
Mr. Giffard opened the case in a temperate
speech. The prisoners were sailors on board the
Penelope, in Swansea harbour, and the deceased
was cook of the same vessel. The cook had re-
ceived some money from his captain on the Sun-
day before the murder, and amongst it were two
Turkish sovereigns. On the night of the murder
the deceased left his vessel and went into the town.
Soon afterwards the two prisoners also left, and
they would be traced in company of the deceased
up to within a short time of the actual murder.
At about half-past eight two persons watching a
boat heard a scuffling and a sound of foreign lan-
guage on the side of the canal, and immediately
afterwards a plunge in the water. They went up
and found something floating in the water, which
turned out to be the body of the deceased. It was
got out of the water and was steaming. He was
dead and had been stabbed in the body and through
the lungs in several places. The skull was also
fractured. The two prisoners were seen together
again about nine o'clock, and one of them was seen
to wash a handkerchief.
A great deal of evidence was given to trace the
prisoners in company with the deceased on the
evening of the murder.
Baron Bramwell reviewed the evidence carefully
and occupied an hour in summing up.
The jury, after retiring half an hour, returned
into court with a verdict of guilty.
His lordship then passed the awful sentence of
death in the usual form, and the prisoners were
removed.
THE SOUTH WALES RAILWAY COLLISION.
Charles White, late station master at Stormy sta-
tion, on the South Wales Railway, was charged on
the coroner's inquisition with the manslaughter of
Sarah Ann Harmer, near Pyle, on Oct. 14 last.
Mr. Bowen and Mr. Hughes were counsel for the
prosecution ; and Mr. Giffard for the accused.
It will be remembered that on Oct. 14 two pas-
senger trains running on the South Wales Railway
met at full speed on the same line of rails between
Pyle and Port Talbot stations, causing the death
of three persons and the maiming of 60 others. The
deceased was one of the killed, and was travelling
with her aunt in a third class carriage which was
smashed. The cause of the collision was the sending
a down train on the up line of rails by the prisoner,
who declared that in consequence of a goods train
having broken down between Pyle and Port Tal-
bot he had been telegraphed to from Port Talbot
station to send the train on the wrong line of rails
on the understanding that all up trains would be
stopped in the meantime. The obstruction of the
goods train, however, having been removed, the
up trains were sent on and met the down trains on
the same line.
It should be mentioned that at a second inquest
a verdict of manslaughter bad been returned
against Evans, the clerk, and Burney, the porter,
at the Port Talbot station, but the grand jury
ignored the bill against them.
Mr. Langdon, inspector of the railway police,
proved that the printed rules had been placed in
the hands of White. One of them related to the
trains on the wrong line of rails requiring that a
telegraph message shall be sent and an answer re-
ceived (or a written message where no telegraph is
available) before any train is so met on the wrong
line of rails.
John Gunnell, the driver of the down train,
proved that he was stopped at Pyle, in consequence
of the breaking down of the goods train in front,
and White came dawn from Stormy and gave him a
written order to return back to Stormy, where
there was a crossing, and proceed on his journey on
the up-line of rails. He did so, and proceeded until
they met an up-train, and the collision took place.
Daniel Buckle corroborated the fact of White's
authority given to proceed on the wrong hub of
rals. Witness went on before the train, and seeing
the up train coming put down a detonator, but too
late. The collision was unavoidable.
Edgar Evans, the clerk at Port Talbot, was then
examined. He had been left in charge of the sta-
tion during the absence of the station-master, Mr.
Turner, who had gone to look after the broken
down goods train, and had left directions for him
to telegraph to Stormy to stop all trains until they
heard again. Witness telegraphed accordingly,
but could not make them hear for nearly an hour,
and then they got the answer, " Train left."
Cross-examined—Mr. Turner started the up-
train from Port Talbot, as he came into the station
with the broken down train, and before he had
arrived actually at the booking office to communi-
cate with witness. Never received any inssaage from
Stormy, asking, " Csn passenger train come on ?"
There was a lady in the train (Miss Llewellyn) who
said Mr. Turner ought to be there, but she did not
say they did not understand the telegraph. There
was no discussion between him and Burney as to
any answer to be sent to Stormy. Nothing was
said about, " Here's a fine mess."
Mr. Turner was examined, but did not add much
' to the above.
John Day, policeman at Stormy station, was di-
rected by Mr. White to telegraph to Port Talbot;
but could not get them to understand him. Mr.
White then came and tried the instrument, after
which be got on the down train and proceeded with
it on the up line. Mr. White was trying to tele-
graph to Port Talbot, " Can down train come on
up line?"
William Chapman, clerk in the locomotive de-
partment at Stormy, met Mr. White as he was
going to Pyle to fetch the train back to send on the
up line. Witness advised him not to send it until
he had heard from head-quarters (Port Talbot) but
he answered, " I shall telegraph and it will be all
right." He did not say, " I have telegraphed,"
but " I shall telegraph."
The deposition of the prisoner taken before the
coroner, was then put in. He positively swore
that he telegraphed to Port Talbot, " Can down-
train go to Port Talbot on up-line I" and received
the reply, "Send, down-train on up-line." When
he was about to start with the train he tried
to telegraph, " Down-traiu now leaving on up-
line," but could not make them understand. He
then gut ou the engine and proceeded with the
train.

Mr. Giffard, for the prisoner, contended that
White bad done everything he could do in the dis-
charge of his duty, that he had been guilty of no
culpable negligence, and if he had been in error it was
an error of judgment. He contended that the ver-
sion given by the Port Talbot officers was an inn-
probable one, and called
Miss Llewellyn, who deposed that she was wait-
ing at Port Talbot station to go by the up train,
which was detained there on account of the goods
train haying obstructed the line. While in the office
on the passengers' side of the screen she heard the
clerk inside telegraphing, and heard the message
spelt off, " Can passengers cute on T' There was
then a talk about whether the answer should be
" Yes." The clerk did not seem to understand
the telegraph, and she heard them say, " Here's a
fine mess," and " What can they mean 1"
Another witness was examined, but he did not
carry the case any further.
Mr. Brown then replied, and
His lordship summed up, and left it to the jury
to say whether the prisoner had been guilty of cul-
pable negligence—whether he bad despatched the
down train on the up-line without taking the neces-
sary precautions to ensure its safety.
The jury found a verdict of guilty, but strongly
recommended the prisoner to mercy.
His lordship, in passing sentence, said he did so
with considerable reluctance, believing that the oc
curt ence arose from excess of zeal on his part; but
he had been guilty of most culpable rashness. He
then passed sentence of a month's imprisonment.
The prisoner said he had been convicted by
perjury.

NORTHERN CIRCUIT—NEWCASTLE, FEB. 27.
Mr. Baron Martin and Mr. Justice Byles arrived
in this town from Carlisle yesterday afternoon, and
proceeded at once to open the commission ; after
which th-ir Lordships attended Divine service at
the old church.

This rn(;ri-iiriwg Mr. Baron Martin sat to try the
town prisoners at the Guildhall, and Mr. Justice
Bytes sat at 11 o'clock to try the county prisoners at
the Moot Hal!, assisted in the latter part of the day
by Mt. Baron :Viartin.
The town calendar contained the names of five
prisoners, the charges against them tieing ordinary
sessions ca: e 3.

The county calendar contains the names of 10
prisoners, one of whom is ehargel with chill utur-
' der, one with bigamy, the rest were ordinary lar-
' cenies usually tried at sessions.
The charge of murder against Isabella Murray
was postponed until next assizes by Mr. Justice
Byles, it being stated that the prisoner was too ill
to be put upon her trial. One or two of the charges
of larceny were tries, and the rest pleaded guilty
and were summarily disposed of.
James Jennings was indicted for bigamy at Tyne-
mouth, on the 25th of January last, in having then
married a woman, his former wife being alive.
Mr. Davi,on appeared for the prisoner.
On the case being called on no counsel appeared
for the prosecut on.
H:s L dship inquired if any counsel appeared too
prosecute ?

Mr. Davison said thA a new practice appeared

to be attempted to be set up ou the Northern Cir-
cuit. He understood that an attorney had been
instructed to prosecute and had prepared a brief for
counsel ; but as it was supposed from what the de-
fendant said before the magistrates that he
would plead guilt y, the taxing officer, Mr. Compton,
acting under the rules and directions issued from
the Treasury, had refused to allow the attorney his
costs for preparing a brief, or a fee for counsel.
His Lordship—Does any one prosecute ?
Mr. Blackburn said a brief wasjust then handed
to him, but he was not instructed, and no ft e was
marked.

His Lordship—Do you appear to prosecute ?
Mr. Blackburn said he did not, but merely held
the brief.

The Churchwarden of Tynemouth here stated that
he bad been hound over to prosecute, and had in-
structed Mr. Kidd, an attorney, to prep:►re a brief
for counsel and take the necessary steps to prove
the case against the prisoner. A brief had been
prepared accordingly, and was ready to bedelivered,
when he had that day been informed by the taxing
officer that under the new taxing rules, as the pri-
soner was expected to plead guilty, the costs of pre-
paring a brief and a fee to counsel would not be
allowed.

His Lordship then directed that the depositions
should he handed to the junior counsel iu court, to
examine the witnesses.

The depositions were accordingly handed to Mr.
Church.

It was then proved that the prisoner had been
married t o a woman named Parker in August, 1856,
and that the woman he then married was still alive.
Evidence was then given of his marriage at Tyne-
mouth on the 25th of January lasr.
On cross-examination by the learned counsel for
the prisoner it was elicited that the prisoner's first
wife had been in a female penitentiary before his
marriage with her, unknown to him ; that after she
had been married to him a month she went off with
another man, and had since led a dissolute life,
and it was reported she had since married again;
that the prisoner's second wife was aware of all the
facts, and being under the impression that the
second marriage of the prisoner's tir,t wife had freed
the prisoner she had married him—tbit prosecution
bad not been instituted by her.
Mr. Davison on these facts left the case in his
lordship's hands.

His Lordship having summed up,
The jury found the prisoner Guilty, and
His Lordship said, he thought the justice of the
case would be met by sentencing the prisoner to ono
week's imprisonment.
The whole of the criminal business was got
through in tree course of the aftt-rnoon.

The civil busines4, which consists of an entry of
seven causes, will be commenced on Monday before
both their lordships.
The above discu,si, n about the allowance of costs
has created a good deal of comment at the bar.
It is understood that a Ecale of allowance for attor-
neys, fees for counsel, and expenses for witnesses
is being prepared which is wholly inadequate to
remunerate the former or to reimburse the latter.
Is this a new scheme in order to make out a case
far the appointment of public prosecutors ? Cut
down the costs allowed to the attorney to such an
extent that it is worth no respectable man's while to
attend to a prosecution ; make the fees to counsel
so miserable that they cease to care about criminal
business ; pay the witnesses so little that they are
out of pocket for their expenses, and will, as a na-
tural consequence, avoid coming forward on all oc-
casions to give information or tender evidence
because to do so is to inflict a fine OD themselves in
the shape of expenses which they will not get paid,
besides loss of their time ; then, in all probability,
a case will be ea•ily made out that the administra-
tion of criminal justice in the country is inefficient.
Numerous instances will be ready to quote of crimi-
nals who have escaped justice because he attorney's
clerks or constables sent with briefs to counsel (it
not being worth while for the attorneys to come
themselves), from ignorance of what was required
to be proved to establish their cases, have not had
the requisite proofs ready. Counsel for miserable
fees will not throw that zeal into the cases which hey
ought to do, and witnesses will not be in attend-
ance because they cannot afford to lose both time
and money. When a goodly number of criminals
have escaped justice through this careful economy
(but real extravagance), then my Lord Campbell will
be in a condition to bring these facts befog e the House
of Lords as establishing an unanswerable case for
the appointment of public prosecutors all over the
country. The plan is an ingenious one, and, should
it be carried out, the mind which conceived it way
possibly be rewarded by one of these public appoint-
ments. The folly of such a course of proceeding,
so far as the securing the due administration of jus-
tice is concerned, is but too apparent.

MIDLAND CIRCUIT, NOUTHAMPTON,,Feb. 27.
This being tho commission day and the Lord
Chief-Justice Campbell occupied in trying the case
against the directors of the R..yal British Bank, Mr.
Justice Coleman proceeded to Northampton and
opened the commission at 3 p.m.
In the county gaol era 15 prisoners-2 charged
with shootini, with intent to do grievous bodily
harm ; 1 with burglary and stabbing ; 1 with break
ing and entering a ohu‘ ch and molding a commu-
nion cloth ; 3 wan ar,,ou ; 1 with uttering false and
counterfeit coin ; 1 with embezzlement, and 6wi h
larceny. In the borough gaol are 9 prisoners, 3of
whom have each two bills of indictment preferred
against them. One of these is a solicitor charged
will having obtained from the Lords Commissioners
of her Majesty's Treasury the sum of 381. 3s. by
certain false pretences, with intent to defraud.
There is a further charge against the same prisoner
of having committed wilful and corrupt perjury in
an affidavit wade and sworn before a Commissioner
for taking oaths in Chancery. There are three other
cases of obtaining money or goods by false pre-
tences, two embezaL.ments, and five larcenies.
On the civil side no case has yet been entered.