The Sun.
London, England, 1859-01-08 00:00:00

MAR TIL.EBONE IVORKIIO USE.

Yesterday, at a numerous meeting of the guar-
dians of the poor of St. Marylebone, held at the
workhouse, New-road—Mr. Charles Beaver in the
chair—a report was presented from Dr. Randall,
the workhouse medical officer, as to the dietary of
the workhouse, but more especially as to the ad-
visability of abolishing the allowance of beer to the
inmates, an order to that effect having been received
from the Poor-law Board.

Dr. Randall's report stated, that he had directed
his attention to the subject of the dietary, and more
especially to the distribution of beer to the employed
inmates of the house. Starting with the idea that
no extra of any kind in the shape of diet or fer-
mented liquor should be allowed to any pauper as
Compensation for labour, he had been guided in his
suggestions for allowance, solely on the principle of
support to any individual ennui in hard labour,
and was also guided by the age of each pauper, the
state of health and constitution, and the nature of
occupation. With reference to the able-bodied, he
did not consider the continuance of beer necessary ;
but a liquid such as broth, with extra bread, should
*be substituted at least three times a week. The
allowance of 12 oz. of bread per day to men should
be increased to 16 oz. three times a week, and
women in proportion. He was led to this conclusion
by comparison with other dietaries, as, if beer were
withdrawn, the dietary of Marylcbone would be
inferior to any other house in London. The diet
he now proposed was on a par with Paddington
Workhouse, which was in a muck more healthy
position. In other workhouses he found the distri-
bution for labour was admitted, but the quantity and
method of distribution differed in each. The doctor
then enumerates the various classes he considers
ought to have beer, with various alterations, 'but
adds that a supervision of the distribution was ab-
solutely necessary, as irregularities had crept in,
and a great increase had resulted. The total Tian•
tit y of beer consumed per week, including medical
orders, was 450 gallons 7 pints, against 425 gallons
2 pints at corresponding period last year, the in-
crease being entirely non-medical, the medical
having decreased.
Mr. TAVENER moved the adoption 'of the report,
and said he could not believe the Poor-law Board,
if they had the power, would be sufficierAly inhu-
man to object to persons having beer whom the
medical officer certified ought to have it. (Hear.)
A discussion arose, in which Dr. Bachhoffner,
Mr. W. Carr, and the Rev. R. Davis, and others
took part, and a doubt was expressed as to
whether the medical officer could prescribe beer
for persons not under his care, and in order
to meet the difficulty, an amendment was carried.
calling upon Dr. Randall to make a return of all
persons requiring porter in the house.
The Rev. Mr. EYRE, the rector, also moved " That
the dietary be at once altered in accordance with
the medical report, giving to those inmates de-
prived of beer an increase of solid food," which was
seconded by Mr. TAVENER, and carried unani-
mously.

THE FATAL COLLIERY ACCIDENT AT
PENDLEBU.RY.

The inquest on the bodies of the seven persons
killed by the accident at the Agecroft Colliery, near
Manchester, was held on Thursday afternoon by
Mr. W. S. Rutter, at the Packhorse Inn, Irlams-o -
th'-Height. Mr. Dickenson, the inspector of mines
for the district, was present ; and Mr. Taylor, of
Bolton, appeared for Messrs. A. Knowles and Sons,
the owners of the colliery. •
Dan. Parkinson, the banksman at the colliery,
said the three men and four boys who were killed
descended the pit on Tuesday morning before wit-
ness arrived there. At half-past nine, however, he
was on the bank, about five yards from the pit's
mouth, when he saw the cage come above its usual
place, dash against the pulley, and the rods of the
cage snapping, it dropped down the pit. All was
done in a couple of seconds. There was a regular
bell'signal to indicate when the cage was 60 yards
from the mouth of the shaft, but witness did not
hear it, and thought he should if it had sounded.
The men went to work that morning at half-past
seven. About 14 cages of coal had been wound up.
Men had come up,three or four times before the de-
ceased, and on all these occasions the bell sounded.
Witness saw the engineer, perfectly sober, a few
minutes before he began winding. The engine could ,
not be stopped instantly when going at great speed.
The cage was one of Owen 's safety cages. The
engineer said he had not heard the bell.

I. Jolly, the manager, said that after the accident
he Went .to the drum above the engine-house to see
where the strap which worked the bell weight had
broken. He saw that the end was drawn out of the
slit, where it had been fastened into the axle by a
wooden wedge. One wedge was placed in three
years and a half since, and never taken out till last
Tuesday. The end of the strap was hanging about
eight inches over the axle. This was the cause of
the bell not ringing. The time that the strap must
have been drawn out was when the cage had arrived
half way up the pit, and when• the axle round
which it worked was empty. Nothing of the kind
had occurred before in the collieries.
By Mr. Dickenson—.-Booth (the. engineer) told
witness that he altered the bell weight on TueSday
to correspond with a recent alteration in the drums-
so as to make the bell sound at 60 .yards as usual.
He'only told witness this morning he had done so.
The engineer had a pycket right to have these al-
terations made.

T. Rowe, the joiner, said he altered the drums on.
Monday to make the cage come up faster. On
Tuesday morning the engineer called on him to
alter the strap which worked the bell weight. He
fastened it as it had been before, driving a new wedge
in with it, and stayed to see it work.
By Mr. Dickenson—lt was a new and seasoned
wedge, and it fitted tight.

The subsequent evidence proved the finding of
the bodies, that the engineer was quite sober, and
that the new wedge could not be found.
The Coroner, in summing up, said if any person
was blamesblt, it app.Trc.i. tfl
sve*2-,,! srTrilf,(l Nil Ti iii v, I, 11 t!lt, in

coiE-uit,,ticit, the jury
.I...tui.iiett
verdict of accideiltal death.

t.l'

The Coroner censured Rowe (the joiner) for not
being more careful ; and Mr. Dickenson said so
many accidents had occurred at Messrs. Knowles's
collieries that they ought to get sonic very ccmpe.
tent superintendent. The inquiry occupied four
hours and a half.

I?_VECUTIOX _IT 7;417..V1'011'.

Yesterday morning William Burgess was hung
in front of the county gaol of Somerset for the mur-
der of his infant daughter in Exmoor Foreq.
Subsequently to his, conviction, Burgess, who was
deplorably ignorant, received unremitting attention
from the Rev. F. House; the chaplain, and he was
also visited at his own request once by the Rev.
Thornton, clergyman of the parish in which he,
lived, and several times by the Rev. W. R. Clarke,
curate of St. Mary Magdalene, Taunton. He freely
acknowledged his guilt to these rev, gentlemen, but
seemed perverselv to believe that he should atone
for his crime by self-destruction. To prevent him
from committing suicide he was constantly watched,
but the idea seemed to have been entertained by
him almost to the liist moment of his life.

At various times he had interviews with his bro-
ther and with two of his daughters, which were
necessarily deeply distressing to the relatives, and
which seemed to have a depressing effect on the
mind of the wretched man himself.

On retiring to rest on the evening before his
execution, Burgess declined to take off his clothes.
The turnkeys who had charge of him report that
he slept butlittle, and that he got up between two
and three o'clock and engaged in prayer. l lie sub-
sequently took off the prison dress which lie had
worn since his conviction' and put on the clothes
in which he was attired when apprehended. 'A
breakfast of the ordinary gaol
~dietary was
proVided for hith, which he ate, ,and was
shortly afterwards visited by'lthe governor and
chaplain. At eight .o'clock the convict and the
other prisoners were taken to
.the Rhapel of the
gaol, where divine service was performid, but the
EttCharist was: not administered to Ad 611 demiled
criminal.. Calcraft received the prisoner at the ter.
mination of the service, and having pinioned his
arms, to which operation he submitted with a forti-
tude that had not been 'anticipated, the procession
proceeded to the scaffold. _ _ _

A deep silence pervaded the multitude as the
toiling .of the chapel bell gave signal that the fune-
ral procession of the yet living culprit had started,
and the boldest of their numbers held their breath
as the gaol warder, followed by the chaplain, the
. criminal, and the executioner mounted the scaffold.
Burgess walked firmly up, and was placed under
the fatal beam. The chaplain concluded the read-
ing of the burial service, Calcraft performed his
functions as the hangman, and the preparations for
carrying the sentence of the law into effect having
been completed, the officials descended, leaving the
culprit alone. The bolt was almost immediately
withdrawn, and, after a few throes of mortal agony,
Burgess yielded up his life. In an hour afterwards
the body was cut down and buried within thete pre
d of uetsthe gaol.
The crowd dispersed almost as soon as h
cri-
minal was no more.

M. Emile de Girardin has accepted, without
salary, the post of manager of the unfortunate Napoleon
Docks, which he hopes to resuscitate. He proposes to buy
the old shares of 125 f., which have lately been fetching
only 40f. in the market, at 65f. for money, or to give shares
in the newly-organised company at the rate of 85f.

THIRD EJDITI ON.

SUN OFFICE, 4:'ix o'clock.

EVANS r. EVANS AND POBINSON.

COURT OF DIVORCE (THIS 'DAY).

In consequence of this cause appearing, in the
list, the court continued crowded until it came be-
fore their lordships.
Mr. lluddleston said he had, to apply to the
Court on behalf of Mr. Evans, that Mr. Robinson,
the co-respondent in this cause, which was
tried a short time ago, and a verdict given
in favour of the petitioner, be directed to
pay the costs of the proceedings instituted in this
Court by Mr. Evans against Mrs. Evans, and also
that the Court would pronounce a decree of
divorce.

Lord Campbell asked if the application for the
divorce was opposed.

Dr. Deane, who appeared for Mrs. Evans, said he
was not instructed to oppose.
Lord Campbell—Than of course that will form
part of our judgment.
Mr. Huddlestone said he had now, in accordance
with the 34th section of the Divorce Act, to apply
that Mr, Robinson be called upon to pay ;he whole
costs incurred by Mr. Evans in prosecuting his
suit in this court. The section alluded to laid
'it down that where a co-respondent was accused
of adultery, and that adultery was proved, he
should bear the whole of the expenses.
Lord Campbell—What do you apply for ?
Mr. Huddlestone—An order, my lord, that Mr.
Robinson pay the whole costs. He (Robinson)
had put in an affidavit that he had already paid
the sum of .-0500 and costs in the action tried at
Liverpool, and he did not think he ought' to be
called upon to pay more. He (Mr. Huddlestone)
contended that Mr. Evans had been compelled
to institute the proceedings in this court, and there-
fore he ought not to be saddled with the costs alter
a verdict had been given by a jury in his favour.
Mr. Sergeant Piggott opposed the application
on the part of Mr. Robinson. The action at
Liverpool, amounting, with the costs, to £946 los.,
he had already had to pay, and he did not think
the Court would order him to pay a second bill of
costs. The learned gentleman then cited a ease from
the Law Journal, which he said differed very slightly
from that of Evans v. Evans and Robinson, and
there the co-respondent was not saddled with the
costs. The learned Lord Chief Justice of the Com-
mon Pleas, who delivered the judgment in that
court, distinctly stated that the case was an excep-
tional one, and ought not to be taken as a prece-
dent.

Lord Campbell said he had no doubt the case
alluded to by the learned Sergeant was rightly de-
cided, but there the judge merely laid it down that

it was not to form a precedent. If the learned
Sergeant had no other argument to offer, he thought
Mr. Robinson ought to pay the costs incurred by
Mr. Evans.

Another learned gentleman followed Sergeant.
Pigott, and said that as Mr. Robinson had paid th•
costs of the action at Liverpool, and had a judgment
pronounced in his favour in the Ecclesiastical
Court, he ought not to be now called upon to pay
the expenses of the action in this Court.
Lord Campbell said that judgment was obtained
by perjury. Here he had the verdict of a jury
which he considered unimpeachable.

Mr. Baron Martin—And unimpeached.

Lord Campbell said he was clearly of opinion
that the costs of Mr. Evans in this court in obtain-
ing a divorce from his wife, ought to be paid
by Mr. Robinson. The verdict of the jury was
quite unimpeachable and in strict accordance with
truth and justice ; and, therefore, the costs must
be paid by the co-respondent.
Mr. Baron Martin said he entirely concurred in
the decision of the Lord Chief Justice. Mr

Robinson had brought the whole transaction upon
himself, and therefore Mr. Evans ought not to be

a suffercr.

The Judge Ordinary said he was of the same

opinion

Judgment accordingly.

THE IV_4 Pl'.

-_-...-

We understand that it is the intention of Sir John
Pakingtoft, in distributing 'to distinguished naval
officers the few rewards of meritorious conduct
which are at the disposal of the First. Lord of the
Admiralty, to divide them as equally and fairly as
possible among the most deserving officers, and
therefore not hereafter to give good service pen-
sions to the sUperintendents of dock or victualling
yards, or officers holding other profitable appoint-
ments, during the time of holding such positions.
A letter from Malta, dated the Ist of Jan., says :
—" Her Majesty's steam despatch vessel Caradoc
returned from Cagliari, on the 28th of Dee., with
Mr. Superintending Engineer Andrews, of the Me-
diterranean ENtension Telegraph Company, the
operations of which at Malta continue suspended
from the breaking of the submarine cable. She re-
turned to Cagliari . on the 30th, with India tele-
grams for Government, to be despatched thence for
London. Her Alajei.tv's fritrki,!
0:I :;4.'h. oil 110;1)
4.11,.
~11

f

_ . .
uvctiLL.:!.
Nm.i.
tnc
otsiti•
srell, rer.iportion (N)f:cd'it'ihli ?o]:11111t1.;o‘11-1:c1:1..d' India! moil a
Alexandria, having
board the overland portion of the home-
ward India mail and merchandise. The Sultan,
Commander N. Cook, arrived on the night of the
30th from Alexandria, having on board the heavy
portion of the homeward India mail, passengers,
and merchandise. She proceeded to Gibraltar and
Southampton a few hours after. The Indus arrived
on the 31st from Southampton and Gibraltar, with
the heavy portion of the outward India mail. She
left for Alexandria. a few hours after."
The Trusty, 14, floating battery, has been towed
from Chatham to Shoeburyness by the African and
Adder steam vessels, for the purpose of being moored
several miles out at sea to serve as a floating target
for the guns froth the long range practisingbattery
at Shoeburyness.

The Enterprise, 4, one of the abandoned Arctic
discovery ships, which was given up to the British
Government and sent to Chatham, has had her
lever decks removed, and the whole of her internal
fittings taken out, and.was yesterday navigated to
Sheerness, to be used as a coal depot for the vessels
of the steam reserve fleet at Chatham and Sheerness.
A court•martial was held yesterday morning on
board her Majesty's flagship Victory, at Portsmouth,
Captain G. H. Seymour C. 8., to try the Assistant-
Engineer of the 'Second Class (Mr. Chas. Franks),
belonging to her Majesty's troopship Urgent, for
damage done to certain boilers during the time of
his being in charge on or about the 21st Dec., 1858,
and to inquire into his conduct on that occasion.
The Court comprised—President, Rear Admiral the
uragoa ;
Hon. 0. Grey, Superintendent of her Majesty'.
(loci:V:lrd ; Captains G.
~S:cilvirmuia-,sC.:01.11!
' 'C Vietoncent. Thery ;
lt. Harris, ,Britannia
s
Commander It. C. Hurstei t+•' :Vincent.
Court, having heard the evitlence-of the several
witnesses, found that the chargeS were proved, and
general attention to'his
Franke,and admonished
hreipmri,
tomabnedniedntre h
snliniittecLui th,e howp,ourt several excellent testi-
eca6arcipld Cturs'the futurflicThe prisoner
dihutYntiteksli#:its inabriefylZia
The troop transport Cospatriek, appointed to
convey to India the detachments which embarked
in the Bombay, is daily expected at Plymouth.
eluding Mrs. Grylls, and Mr. Mills for-
,
Meanwhile, some of the gentry in the neighbour-
obffie been
officers
nd men entertainingat some
mann of
nierly of the East India Company's Service, have
a inthe a
d,
near non-commissioned Plymouth.
The last of these entertainments took place. on
Thursday, when about 30 assembled, and partook of
tea and refreshments at the residence of Mr. Mills,
where several ladies, some. clergymen, and others,
addressed them on religious and other topics, and
made them presents of bibles, prayer-books, &c.
This exhibition of a desiro to contribute to their
social advancement is greatly esteemed by the
troops, especially on the eve of their departure.
Her Majesty's paddle-wheel steam-sloop Alecto,
Commander James Hunt, from the west coast of
Africa, arrived at Woolwich yesterday, to return
stores, and prepare for being paid off.
The Jason, troop-ship, having been supplied with
a new lifeboat to replace one lost by collision frith
the brig Betsey, of Scarborough, sailed from Ports-
mouth on Thursday.

CRYSTAL PALACE. - ONE SHILLING DAY.
FRIDAY, Jan. 7.—Admissions on payment, 1,E00; ditto,
season tickets, 695; total, 2,495.