The Sun.
London, England, 1858-03-06 00:00:00

COCKERMOUTH.

The election for this borough took place in the Court
Hcuae on Wednesday, when, as we announced yestere
day, Lord Naas was re-elected without opposition.
' His LORDSHIP, on coming forward to return thanks,
said—The new Administration has come into power
under circumstances of a very peculiar nature. The
House of Common' came to the decision that the acts
which Lord Palmerston had performed were not worthy
of the occasion, and that he had made such a mistake es
a British Minister ought not to make--a mistake that it
was necessary to mark with instant condemnation. Some
time ago a fearful crime was attempted to be committed
in France. When it was found by the French people
that the persons who made this abominable attempt had
hatched their scheme in England—and he was sorry to
say that more than one Engishenan was implicated in it
—it was not to be wondered at that strong sentiments
were expressed. Addresses were presented to the Erne
peror by colonels of the French army in terms most of: '
feneive to the English people. The Secretary of State for
the French Emperor, in a despatch which was published
and laid on the table of Parliament, expressed himself in
terms which certainly showed great ignorance of the
state of things in England, and made statements which
were certainly incapable of proof. In that despatch
Count Walewski asked if English legislation ought to
serve to favour the designs and manoeuvres of political
assassins. He (Lord Naas) believed the law of England
was strong enough to cope with such dangers, and that
on the statute book there would be found a law relating
to conspiracies to murder sufficient to deal with Each
cases; a law which would be found sufficient to punish
such attempts, and if it were not sufficient, he was sure
there was no man in England who would object to its
being changed. But he believed it would be found that
there was a sufficient law, and that ere long it would be
put in force. Well, the government received that dis-
patch. Although he did not believe it was ever intended
as an insult to the people of England, or that it was ever
thought likely to arouse Lill-feeling, yet he contended
that the statements made were at variance with the
truth, and demanded from those entrusted with the
government of this country an explicit and decided
answer. The government received that dispatch on the
25th of last month, and up to last Friday no answer had
been sent. They were told that there was a verbal cone■
munication with Count de Persigny, the ambassador of
France in this country, but that was Lot the way to an.
surer such a dispatch. Those insinuations were neadein.
open day, placed on the face of a state paper, and that
record ',Wiest for ever. But ou the other hand no counter
statement, no contradiction, ne remonstrance passed on
the part of England ; and it must have appeared to the
great bulk of the persons in this country and of
Europe that the English Government were not able; to
answer the assertions made in the French despatch.
Now, this question was brought before the House of
Commons. A resolution vas wo, ei as en ameadmenit
to a bill which was before Parliament, called the Con.
'piracy to Murder Bill, but it had very little to do with
the bill, and was pointed entirely to the condemnation
of the ministry for not answering the despatch. It was
introduced by a gentleman with whom the Conservative
party had no feelings in common, but it was introduced
in a speech of very great ability. The defence of the
Government was weak ; they evidently bad none to give,
and the Government were defeated by a majority of 19.
Now, that being the case, Lord Palmerston next day
placed his resignation in the hands of the Queen. Her
Majesty immediately sent for Lord Derby, and asked
him to form an administratior. He could not but believe
that a government called >a er these circumstances to
preside over the affairs of the country woull receive
Lair trial from the people of England.
At the conclusion of his lordship's address an elector
queotioned him on the ballot and representative reform.
In reply, Lord Naas said he was opposed to the ballot,
but thought it a fit stbject *. inquiry. He would pledge
himself to no plan of reform until it was introduced into
the House of Commons and fairly considered and die'
cussed.

BELFAST.
DUBLIN, Friday.—This day, Mr. Cairns, Solicitor
General for England, was re-elected member for Belfast
without opposition. He was enthusiastically cheered.

ASSIZE INTELLIGENCE..

HOWE CIRCUIT.
t HERTFORD, MARCH 5.
Crown Side.—(Before Mr. Justice Williams.)
TITS DIITRIAR, AT STEVENAGE.
Jeremiah Carpenter, 38, described as a labourer,
was charged upon an indictment, and also upon the
coroner's inquisition, with the wilful murder of
John Starkins.
The prisoner, who is a powerful determined look-
ing man, pleaded not guilty.
Mr. Sergeant Parry and Mr. Watkin Williams
defended the prisoner.
The learned counsel for the prosecution opened
the case to the jury in a very clear and able manner,
and having called their attention to the very solemn
and important duty they had to discharge upon the
occasion he proceeded to give a narrative of the
circumstances under which the charge was preferred
against' the prisoner. The deceased, he said, was a
young man about 22 years of age, and at the time
he met his death he was a constable belonging to
the Herts constabulary, and stationed at Steven-
age, in this county. The prisoner was a labouring
man, residing in a cottage about half a mile from
Stevenage, and at the time of the transaction he
was in the service of Mr. Horne, a farmer, who
occupied a farm called Norton Green Farm, about
a mile from the town. It appeared that Mr. Herne
bad a suspicion that he was being robbed by some
of the persons in his service, and that he had made
a communication to that effect to Mr. Hawker, the
inspector of the constabulary at Stevenage, and on
Friday, the 30th of October, the day of the murder,
the latter had given the unfortunate deceased mere
instructions to watch the prisoner as he came from
his work, and ascertain if he had anything about
him that did not belong to him. The deceased ap-
peared to have left Stevenage about five in the
evening with this object. He was dressed in his
uniform, but with a plain great coat over it, and it
appeared that he took with him a pair of handcuffs
and a stick. The usual route taken by the prisoner
on his- way home from his ork would appear to
have been known to him, for he was seen by several
persons going straight in the direction where he
would have expected to meet the prisoner, and
he was particularly observed at a place called
Woolmer Common, looking in the direction of a
field called Cooper's Breeches field, and apparently
observing some one be was looking for, he imme-
diately made off towards that field. This was about
half-past fivo o'clock in the evening, and the unfor-
tunate man was never again seen alive. He did
not report himself to his superior officers, and no
information was obtained respecting him, and as
he was a very well-conducted man, and always per-
formed his duties in a regular and proper manner,
his disappearance under such circumstances excited
alarrd and suspicion, and the officers of the district
immediately instituted an active search to ascertain
what "had become of him. No information what-
ever could be obtained on the Saturday or the
Sunday ; but on the following Monday morning a
constable named 'agate, who was crossing the
Cooper's Breeches field, had his attention attracted
to a deep pond in that field, and upon going to it
he saw a foot and hand of a man projecting from
the water ; and upon the body being taken out of
the pond it proved to be that of the unfortunate
deceased. There were several severe cuts on the
throat, which had the effect of nearly severing the
head from the body ; and there were other marks of
violence on the face of the deceased, which left no
doubt that a most foul and brutal murder had been
committed.
The learned councelconcludedby stating that since
the assizes had commenced a fresh piece of evidence
had been obtained in a statement made by the pri-
soner himself, and he said that if he should succeed
in establishing it to the satisfaction of the jury, it
would leave them no alternative but to convict the
prisoner of the awful crime imputed to him, as it
seemed to him that it amounted to an admission of
his guilt.
There were 30 witnesses to be examined for the
prosecution, and at a late hour the trial was
adjourned

MIDLAND CIRCUIT.—LEICESTER, MARCH 4.
CROWN COURT.
(Before Mr. Justice Coleridge.)
John Payne and James Hickling were indicted
for the manslaughter of Elizabeth Barker Dain.
Mr. Merewether conducted the prosecu'ion ;
the prisoner Payne was defended by Mr. O'Brien,
and Hickling by Mr. Mundell.
The prisoners were employed in making an ex-
cavation for a drain in a part of the main street
leading to the Midland Railway station, and the
work -hawing been begun late in the day, had
thrown the earth into a heap, extending from the
kerbstone about a yard's length into the public
highway. They were observed by a policeman,
who told Buckling, on hearing that the earth was
to be left all night, that he should shovel it up as
much as possible from the middle of the road, put
a light upon it and leave it secure. The foreman
of the Board of Health of the town saw them also
and told Payne, who was a well-sinker, that he
was wrong to make that hole at that time of night,
about 6.10 p.m. Payne said that as soon as the
stones were broken through he would fill it up
again and make it safe ; the foreman told him that
it he would send to the storeyard he could have
guards ; the width of the road was about 37 feet.
NO light was placed above the heap, but there was
a gaslight on the opposite side of the street. At
abbut a quarter to 8 that evening a cart driven by a
man named Stavely, and containing a party, among
whom were the deceased and her husband and little
boy, returning from a fair, was driven towards
Leicester along the London-road past Campbell-
street, a point at which there is a bye-road leading to
the Midland Station, towards which the Bell-inn
omnibus was proceeding in an opposite direction to
the cart. Stavely, seeing the omnibus come, as it
seemed, suddenly upon him,turnecl aside to allow it to
p?ss, and, not having observed the heap, the cart
was turned upon it and overset, by which the de-
ceased was killed. The prisoners had, it appeared,
believed that the heap was sufficiently made up to
be safe ; both bore good characters. It was con-
tended for the one that, being a bricklayer, and
only engaged in the excavation in assistance of tho
other, whose business it was to excavate, he was
not the responsible person, and for the eixavator
that he had not only thought all safe when he left
it, but that the master who employed him, and not
he, should be held responsible. The Court, however,
told the jury to inquire, first, was there any negli-
gence ? If there was, and the jury thought the acci-
dent resulted from the insufficiency of the light,
than he must tell them that it was the duty of the
prisoners to place sufficient light and take such care
se would make the highway safe fur all to pass, as
they had no right to encroach one yard upon it.
The person who did the act must be held respon-
sible ; he did not say but the master was so also.
-Verdict of guilty against both. Fine of it., both
prisoners having already Buffered one week's im-
prisonment.
(Before Lord Chief Justice Campbell.)
The criminal business was brought to a conclu-
sion this evening. The cases of most public interest
were "Regina v. William Carter, Thomas Sten-
son, Thos. Ward, and Sarah Ann Towers," for a
garotte robbery, committed in a part of the Hum-
berstone-road, one of the most frequented streets"
in this tows. Mr. Simpson prosecuted and Mr.
O'Brien defended the prisoners. The female•pri-
soner, S. A. Towers, had been treated by B. Thomas
at the Barrel publichouse, Flumberstone-gate ; she
accompanied him from that house to a piece of
unpaved ground lying a little off the highway, and
Was followed by the three male prisoners, who bad
been drinking in the same house, and with one of
whom she had been living. The assault by the
three men was very violent, and was per-
eiated in, although one of the witnesses called
waThsorolozkinwgi_ on while they were suffocating Mr.
great
el.thanot.was afterwards found in a state of
to the evidencrilf spitting blood. In addition
all the three m-aoleSarah Nicholl, who saw distinctly
and the woman Towers,
following Mr. Thomas
in the act of throttling him,
saw them afterwards
gm
Barrelt
evidence of others who
had seen them about thel
.near the spot where and at h
wine-vaults, anti
time when the as-
sault took place, the shoes of tweo of
-found to correspond with footmariisotnbethmeegnrowuenrde
where Thomas had been seen struggling
" Murder." All the prisoners
penal
werenal convicteddcrying
an
and,
leach sentenced to seven years' servitude.
Two cases of night poachine, the one including
:four defendants and the other' five, were tried to-
"J.:A% bothl cases there was some violence used by
tratZ .111 in the former case with stones and
Mr.
I_, 111.e
emitter with atones.
- former," Jr TIAMr. Mundell prosecuted in the
°,llvieted, and sent
irisonsersu 2 Ilte.r:lzeviether in the latter.
terms of imprisonment
arYing from 3 to 6emneoenthtso.
WESTERN CIRCIIIT.—w,
CROWN CouNicre.--1312' March 5'
(Before Mr. Justice Willes.)
Benjamin Spring.
was indicted for the man_
Platighter of Aaron Newbolt.
Mr. Poulden prosecuted, and Mr. Coleridge de-
fended the prisoner.
counse ap-
From other persons were
the statement of the learned 1 •
Dorchester and Sout amp o
peered the deceased and many h t n
workmen on the
were in a truck proceed-
' Railway, and the prisoner was the foreman over
them. In Dec. these men
in; on the line to their wor
while it was in
• k. It was the duty of
the men not to get out of thetrain
motion, and the driver of the train was to obey the
signal of the prisoner, and stop the train by his
direction, Just as the train was coming to the place

where some of the men had to work the prisoner
desired them to get out, but did not stop the train.
The deceased, among others, jumped out, but fell
under the train ; his legs were fractured, and he
was so much injured that he died shortly after.
The learned Judge said, if these were the facts
which were to be proved he was of opinion that
there was no case to go to the jury. It was a very
dangerous habit for persons to get out of the train
while in motion, and the employers ought to put a
stop to it. Manslaughter consisted in causing the
death of another by doing some unlawful act, or
neglecting some duty which the law imposed upon
the individual. The deceased got out of the truck
with a knowledge of the danger ; it was his own
act, and the prisoner was not responsible for it.
The jury must, therefore, acquit the prisoner.
Mr. Coleridge said he could most clearly have
proved that the prisoner was most strict in his
orders to the men not to get out of the train during

the time it was in mc,tion.
A verdict of Not Guilty was then taken.
It may be noticed that the learned judge in his
charge to the grand jury took particular care to
explain the law to them, and direct
howevered them to
threw the bill. The grand jury, ,in their
wisdom returned a true bill.
Jacob Longman was indicted for maliciously
shooting at James Donelly, with intent to do him
grievous bodily harm.
Mr. Poulden conducted the case for the prosecu-

tion.
It appeared that the prosecutor was a gunner in
the Royal Lancashire Artillery, and was stationed
at Marshwood, near Southampton. On the 21st
Jan. Donelly and some of his comrades left the
barracks and went to a public-house called The
New Found Out. About 12 o'clock at night they
left the public-house, and, seeing a light in a cot-
tage and hearing some talking, they wanted to get
a light, and went to the door and knocked. Some
words passed, and the door was opened and a man
came out with a stick and knocked one of the sol-

diers Upon this Donelly
got a stick and threw it at the man, and one of his
comrades procured the branch of a tree and ran
towards the cottage door, which was directly close,l.
The soldiers were then going away, when Donelly
received a shot from a gun which was fired from
the cottage. Donelly was assisted by his com-
rades back to the barracks; several shots were
taken out of him. He was then removed to the
hospital, and bad not since been able to perform
his duties. They were neither drunk nor sober.
They bad been at the public-house from 5 o'clock

until 12.
This was the story as told by Donelly, bu
Berwick completely contradicted him, stating that
he !never went near the cottage, he never was
knocked down, he never took up a stick, and waa
200 yards off in the road, when he heard a gun fired.
It was evident the three men were all drunk and
could not tell what really had occurred.
The sergeant next day proceeded to the prisoner's
house, and the prisoner, in answer to the sergeant,
pointed out the places where he stood, and where
Donelly stood, at the time the gun was fired. He
said he had not loaded the gun himself. There
were women in the house. There had been a paling
broken and the sergeant paid the prisoner's father
2s. for the damage. One of the women said a cup
and saucer had been broken, and the sergeant paid
for those. The prisoner said that the soldiers
wanted to force themselves into the cottage, and
one had got in.
In his defence the prisoner said that Donelly and
two other soldiers came into the cottage, and were
threatening the life of his father, when he got out
of bed and came out of the bedroom to protect his
father. They took hold of him and threw him down,
and then said they would show him what the Lan-
cashire fashion was, and they commenced kicking
him while he was on the floor in the most cowardly
manner. They threatened to pull down the house.
There was no other house near, and he and his
father were much frightened, and he fired off the
PAL
Isaac Longman, the father of the prisoner, said—
The family were all asleep. I was awoka by a noise,
and a man said, " Give me a light, or I'll knock
your house down." I got up and went into
the room, where I saw three soldiers ; one was
stirring the ashes_about. I asked them what they
came therefor, and one of them said, "For a woman.
I told them there was no woman there for them,
and they had better go to the barracks, like good
men. He said he should not go for me, for I was
no man. I said I'd put my clothes on, and see
for some one who would take them away. I went and
put my clothes on, and then I persuaded them to
go. I then tried to turn them out, until my son
came to my assistance. They threw him down,
and said they would show him Lancashire
fashion, and. would kick him. They then went
out. One of the soldiers then came with a thorn-
bush some 7 or 8 feet long, and another had a rail
12 feet long, and pushed it into the dew-. They
then threw half a bushel of brickbats into the house
and swore they would dash our brains out and
knock the house down. My son fired a shot at the
time they were throwing in the brickbats. The
man was stooping down picking up the brickbats
when the shot struck him.
Cross-examined—l went to bed that night at 7
o'c!ock. We have only one sleeping room, in which
were myself, my son, two grown-up daughters,
and four little children. The men were in the house
half an hour. Two of them kept the door open
with poles, and the other was picking up brickbats
and throwing them into the doorway. There was
every appearance that they intended to commit
murder.
Walter Byles—l was in the neighbourhood that
night, lying in the stable adjoining Longman's
house. I heard a noise and went out, and saw 3
soldiers enter the door and go inside. I heard
Longman trying to persuade them to go to the bar-
racks ; they refused to go, and said if they could
not have the women they would beat his brains
out. I saw one of them knock the prisoner down
close within the door. I W 53 standing behind a cart.
They got out the soldiers, who got large sticks and
kept the door open, and one threw brickbats into
the house ; as one of them was stooping down to
get a brick I heard the report of a gun. The sol-
diers then ran away.
Cross-examined--The cart was standing in front
of the house. I heard a noise before they went in.
My feet were tender, as I had been walking a lone
way, and I could not get along, so I lay down in the
stable. lam a fireman in the West Indian mail
service. lam not a fighting man, and thought it
was the best plan to keep out of the way. I was a
bright night.
The learned Judge stated that when persons
were attacked they were justified in using weapons
in proportion to the attack. His Lordship also
pointed out discrepancy in the evident?.
The jury returned a verdict of not guilty.