The Sun.
London, England, 1859-04-02 00:00:00

LA W' INTE.

Business
Done.

1021 321

In cross-examination the witness said that the owner
'night have been present when he took away the horse, but,
plaintiff was employed by the railway company.
King was called and said he,had Mr. Wallace's authority for fetching a surgeon, as the case was urgent. The cone-
• pany's surgeons reside at Croydon. Mr. Wallace was
_ superintendent of the London-bridge station. There was a
general manager of the whole line, bat no one interfered
with Mr. Wallace at his station.' There was 'a secretary's
and a solicitor's office and a hoard-room.
Mr. Charnock—Wallade is not called. There is no evi.
deuce that he had authority to• interfere in this case.
He submitted that there was no case fbr the jury.
The learned Secondary having intimated that he should
be glad to hear the argument,
Mr. Charnock said that he had objected to King's
evidence upon the principle that them was nothing to show
Wallace had any authority to send the horse to plaintiff's
stables ; that being so, there was nothing to bind the rail-
way company by the acts of King and 'Wallace. Now he
would read to the learned Secondary a case exactly all-fours
with the present, reported in the Law louruil. This case,
" cox v. the Midland Railway Company was tried at Warwick, and was brought by a surgeon to recover a sum
for attending a man who had been injured in a railway
accident. The surgeon had been called in by the superin-
tendent at the station near which the accident happened.
The jury found for the plaintiff, and it was reserved as a
Feint that leave should be given to enter a motion for a non-
suit. This was tried at Westminster, and then Mr. Baron
Parke non-suited the plaintiff (with the concurrence a
full bench). Mr. Baron Parke said that the statiott-ruaster,
or superintendent, had no authority to call in ti n surbn,
and therefore the company were not liahle
for his act:4 I
There was no hardship, as the action shoes be brought by
the sufferer in the usual way.. No be
precisely similar, and here Wallace hp•-. here was a case
se
no authority, and
the owner of the horse should .his action in the usual
way.

Mr. /3utler
same Said he Noquite prepared for the case
quoted, and ihe wa,, not all fours with the present.
In the tilt case tho s-afferer was a man who had his facid-
tk,s about him, 9'.1(1 in the second case the sufferer was a
horse. Now a horse was, to all intents and purposes, a
chattel—kggage, and, as such, came under the supervision
of the *superintendent. He contended that the case for the
jury was clear and defined.
The learned Secondary was inclined to the view taken by
Mr. Butler. As to the argument that there was a manager,
and solicitor, and secretary, and board, no one would have
authority but the latter. As this was a case for an argu-
ment, and was somewhat open, at Mr. Charnock's request.,
a verdict would be taken for the plaintiff, with leave to uU;ve
to enter a nonsuit.
Writ stayed.

POLIOR INTELLIGENCE.-(TLIZS' DAY.

I MANSION-HOUSE.
'James Shaw, aged 18, 51 feet high, light complexion,
grey eyes, sandy -coloured brownish lissa-, was charged before
Mr. Alderman Rose by Sergeant Anelaael Ward, local corn-
pany, Tower-hill, with being P deserter from the Second
Battalion of the 22d Foot. Pio had been in the Lancashire Militia. He deserted frort Preston in August last. He
pleaded guilty, and Mr. Alderman Rose sentenced him to
be imprisoned in If
tAloway Prison, and communication
made to the Secretrry at War.
Thomas Carter, aged 18, was charged with stealing a
black coat Nira silk linings from the shop door of Messrs.
Luke and. 'Thorpton, outfitters, 56, Merchant-street, City,
value IL. Mr. Sackenas Clement, assistant, said that the
mat VIM taken from the shop door last night, and it was
found in the prisoner's possession. Mr. Alderman Rose
sentenced the prisoner to one months' imprisonment with
hard labour.
John Fazin, a freeman of the River Company, was
charged urn a summons by Robert Cabil, beadle and in-
spector f e Liverymen Water Company, with infringe.
ment of the bye laws in refusing or neglecting to take pas-
sengers from the steaniboats lying in the river, and with
contempt of court in not attending the Ward Court when
summoned to arttend rind answer the charge. The defendant
pleaded guilty, and Mr. Alderman Rose fined him for con-
tempt of the Ward Court 2s. 6d. and 3s. 6d. costs.

MARLBOROUGH. STREET.
USEFUL CAUTION. TO HOUSEKEEPERS.—Edward Challis,
artist, and Samuel Davis, described as a French polisher,
were charged with going to the house of Dr. John Ash-
buiner, of 7, Hyde Park-place, under the following suspi-
cious pretence ; and as the practice is said to be rather pre-
valent, the public cannot be too much on their guard.
Dr. John Ashburner said that, on the previous night,
about eight, the prisoners presented themselves at his
house, and wEre admitted by his servant, they having
stated they wished to see him. He was upstairs at the
time, and on coming down he found the two prisoners in
the dining room. Challis began a long story about Davis
having a blind relative, and that he was anxious to go to
Melbourne ; and then commenced a rigmarole about Davis
having made a wonderful discovery of a furniture reviver,
a bottle of which he produced. He (the docter) asked how
they dared come to his house at night with such a frivolous
business; and having been cautioned by the police smile
time previously, sent for a constable.
Inspector Combo said Challis had been in custody two
years since, and he carried about a bottle of varnish. The
other (Davis), he should be able to prove, was the asso-
ciate of a begging-letter impostor, named " Stiff Legged
Sam."

The constable who took the prisoners into custody said
he found a " street guide" on one of them.
Mr. Bingham said it was a case of suspicion so strong
that he should not let them go without bail, and should
remand them for inquiries.

THAMES.
DARING ROBRI3RY IN A DWELLING-HOUSE.--Charles
Tubbs, a tall young man, of sinister aspect, was brought
before Mr. Yardley, charged with stealing a gold watch,
value £lO, from the residence of Mr. Ward, a gentleman
residing in the Camden-road, Bow.
' It appeared from the evidence of Sarah Chambers, a do-
mestic servant in the employ of the prosecutor, that, on
Saturday afternoon, the 26th instant, she went out upon
an errand, and upon her return, was descending the area
steps leading to the. kitchen, when she met with the pri-
soner, who was doming out of the kitchen, and who said to
her, "Do you wany any note-paper, ?" She replied
in the negative, and hurried into the kitchen, and directly
missed her mistress's gold watch from a case on the mantel-
shelf, where she had left it a few minutes before. She
called out, "The watch is gone ! thieves I thieves I" and
the girl and her mistress pursued the prisoner, who was
seen running away at full speed. He dashed across the
Bow-road, and was pursued by Watson, a police-tonstable,
No. 183 K, who hunted the villain into a brick-field, where
he sought refuge, and after a close search he was found
crouched down close to a hedge. Watson said, " You must
consider yourself in my custody for stealing a watch." The
prisoner made a determined resistance, but Watson suc-
cessfully grappled with him and secured him. The pri-
soner, in his first examination, said he got his living by
hawking stationery, and went to the house of the prose-
cutor to obtain a customer for his note-paper.
Deible, a detective police-constable, No. 195 K, attended
this day for the first time, and said the prisoner belonged
to a notorious gang of thieves, who, under pretence of
selling note-paper, fire shavings, hearth stones, and other
articles, obtained admission to dwelling-houses and plun-
dered them. The prisoner had been twice convicted of
felony. On the first occasion he was sentenced to 12
months' imprisonment and hard labour, and on the second
to 12 months' imprisonment and.hard labour.
Mr. Yardley requested Mr. Bowdler,.second clerk, to take
the depositions formally, and committed the prisoner for
trial.

FATAL ACCIDENT.--TWO MEN KILLED.—Lr-
,
vEnrobL, Thurseal.—i'his 'Morning., whilst a large pump
was being withdrawn from the Liverpool Docks, by the aid
of a pair of shears, secured by a strong rope, the rope snap-
ped, 4114 the shears falling-on two- men,killed -them in-
stnntly. The bodies were removed to the hospital dead-
house, where they will await a coroner's inquest.

SECONDARIES' COURT.
BOWDEN V. THE LONDON, BRIGHTON, AND SOUTH: COAT IT
RAILWAY COMPANY.
This was a great contest between plaintiff and the rail-
way company, in which plaintiff sought to recover the su.m
of £l4 6s. 6d. for the keep of a horse from Nor. 8, 1858,
to Feb. 10, 1859.

Mr. Butler appeared for the plaintiff, and Mr. Memo&
was counsel for the defendants.
It appeared that on the 14th of September last; tai acci-
dent occurred on defendants' line by which a very 'valuable
horse was injured. It was conveyed to the oompany's
stables, and one of the horse-keepers reported to the super-
intendent that it was requisite the animal should have im-
mediate medical attendance. This horse-keeper (King)
was desired by Mr. Wallace, tho superintendent, to go to a
Mr. Reid, a veterinary surgeon, but that person not being
at home, King called upon the plaintiff, whose brotbter pro-
ceeded with him to the company's ats.bles.. Findiiig the
stable in which the injured horse was confined ill ventilated,
plaintiff's brother suggested that it should be removed to
plaintiff's premises, and there be properly attended., This
being.atequiesced in by the owner, who was prow:zit, and
Mr. Wallace, a receipt was given for the horse, and it was
taken to plaintiff's stable, King accompanying th© animal
on its way thither. lie called frequently to see how it was
getting on, and he sent down a horse-cloth when more
clothing was required. He also requested plaintiff
to let him (King) know if any change took place for the
worse. (It may here be mentionced that upon a former oc-
casion plaintiff brought an action to recover from Septem-
ber 15th to November 6th for keep and medical attendance,
and that he then obtained a verdict.)
Plaintiff's brother was called to-day, and said that when
Xing fetched him he demanded to be informed by whom
he was employed, wad that King replied, "By the London,
Brighton, and S#7.orth Coast Railway Company." That
when King called after the horse was in plaintiff's care
King repeated this statement.
Mr. Charnock took a general objection to all this evi-
dence, and requested that a note should be made of the ob.
*flea.

A letter in a contemporary says :--I am no
alarmist, but I think things are getting to such a
pitch on the Continent that I cannot look without
apprehension upon the enormous armaments going
on in France and all other European States, and
our own defenceless state ; while our Government,
so far from adopting vigorous measures for putting
the country in a state of defence, take the matter
so apathetically, that one might suppose we had a
powerful army and navy at command that could
defy the world.
Now, I should like to know what additions have
been made to our navy this year. Where is our
Channel fleet ? Where are the three thousand re-
serve seamen ? Why, they cannot get men to man
a frigate. With all the talk and propositions about
manning the navy, what has been done? Nothing. And so it will go on till the country is roused by
some great disaster, which ' may happen—in a
shorter period than most people may be aware of.
I ask, why has France such a large naval force—.
greater than ours ? Not to destroy the Austrian
navy, which only consists of one line-of-battle ship
and a few frigates. There is but one Power she
has any occasion to keep up such an armament
and that is England. for,
Now, respecting our navy, there would be little
difficulty in fitting out twenty sail of the 1; little
and
frigates if required, in a few weeks. Th
one fatal objection to it, we want men re is only
'1
Then why do not the Government
'.dept
man them.
..dopt a measure
that will enable them to have a e-,„imand of men as
well as ships ?
If ten sail of the
line
to-
morrow, all that I.7cruld
Ivore ready for men )..)e required, so far as the
marines are eonterned would be to tell off so many
from each d'ivision, and send them on board; but
where arf, the sea
WherP,'a rien to come from ? Echo answers,
nrale a proposal to this effect some
Atiw:e sine° 17i a leading journal, but no notice being
"i.aken, I 'repeat the same.
The navy ought to be worked upon a principle
similar to all trades, and to our army. In the first
place, if we require 40,000 seamen afloat, then there
ought to be 10,000 extra men for a reserve, being
one quarter • also 10,000 apprentices should be
constantly taken on, to Make seamen. It is a well
known fact, that the best men-of-war's men are lads
trained in the service. Such being the case, why
should not the Government take the responsibility
of having such a' number always in training, that
in a few years we could command a few thousand
well-trained men ?
It is all nonsense wanting to increase the coast-
guard. If they are required as sea•policemen, let
them remain as such. We might is well train all
the policemen in London as soldiers, and all at once,
on a sudden emergency arising, pack them all off
and send them to the coast,, and leave London in
the hands of thieves.
'lf we want' seamen, the. Government must make
them, and not trust to the mercantile marine to
man their ships, only to a very small extent. And
as to impressment, should a sudden war break out,
if it was adopted now, it would cause a revolution.
The working classes now are not what they were
fifty years ago.
The Government are afraid to trust a few thou-
sand men, who would willingly enrol themselves as
rifle volunteers; and they are actually disbanding
some of the best-trained militia regiments, to em-
body a few militia artillery, and talk about sending
3,000 of our regular artillery to India. If this does
not look like insanity, in the present state of
France, what does ?
-if 'something more energetic is not adopted very
shortly, England will rue it. What could be done
now with thousands will then cost millions.

THE BELFAST TRIALS.
At the assizes in Belfast, yesterday, Henry
Smith, Bernard Smith, James. Donahy, Patrick
Kelly, James Kelly, Francis M‘Gouran, Williain
Laverty, William Finnegan, David ''Weigh, Hugh
Finlay; John Finlay, Daniel M‘Kenna, Daniel
Barr, and William John Macauley, were then put
forward and indicted for that they, and each of
them, belonged to an unlawful society, and that
there was an illegal secret society in Belfast froM
Ist September, 1839, until the Ist October, 1856,
and that society did continue up to the 12th of
December, 1858, having secret signs and passwords, ,
and that they and each Of them helm:Tett to that
society up. to the 12th of December, 1858, when
arrested, and were thereby guilty of unlawful con-
federacy and combination. There were several
other counts varying the indictment and •iuoting
the words used as passwords by the society of
which the traversers were charged with being
members, and setting forth that the prisoners had
corresponded with each other, and with others,
thereby being guilty of unlawful confederacy and
combination.
The prisoners pleaded not guilty.
A jury having been sworn, Sir Thomas Staples;
Q.C., stated the case for the Crown.
A great deal of interest attached to some disclo-
sures as to the fact of a note having been written
by the approver Kelly, whilst in gaol, addressed to
a younger brother. This note was traced Li the
possession of the Crown, by whom it was not pro-
duced, and after considerable debate the judge
ruled that it was competent to give secondary evi•
denceofitsnature and import. The constabulary who
made the arrest of the prisoners were examined,
and identified the traverser; as did Mrs. Mackay,
in whose house the arrests took place, and the
servants who were in the house at the time.
Sir Thomas Staples then proposed an adjourn-
ment of the trial till next morning, which was
agreed to, and the jury, on the ground of the
charge being for misdemeanour, were permitted to
return to their homes, to reassemble at a quarter
past nine this (Friday) morning.

(EY BRITISH AND IRISH MAGNETIC TELEGRAPII.I
BELFAST, SATURDAY.
The jury having been locked up for the night,
and not being able to agree, were discharged.
Tuesday has been fixed for again trying the pri-
soners, and Monday to hear any application on
affidavit against the trial being proceeded with at
the present assizes.

TIIE LATE MARQUIS OP WATERFORD.

The death of this excellent nobleman has cast a
deep gloom over all classes in the south of Ireland,
where he was best known as an indulgent resident
landlord aril a model country gentleman. The
following additional particulars of the sad accident
by which he lost his life are furnished by the
Clonmel Chronicle, which arrived this morning :
"The Marquis's foxhounds were to meet at Castlemorris,
in the county of Kilkenny, and within a few miles of Car-
rick-on-Suir, and two of his lordship's best hunters, with
the hounds, were sent on as usual at an early hour from
Curraghmore to the place of meeting. At about 11 o'clock
Lord Waterford, having breakfasted, mounted a car-
riage and pair and with reins in hand dashed out of the
courtyard in his accustomed splendid style. On he drove
through that delightful demesne, but for the last time ! At
Castlemorris a numerous field, numbering a great many of
the well .known resident admirers of the sport, awaited the
noble lord's arrival, to welcome him again to his favourite
enjoyment. Two foxes had been killod, and on a third run
Lord Waterford and about 15 gentlemen who remained to the
close started from Corbally towards Dowlau-hill, his lordship
seated on his favourite hunter, Mayßoy, whichho purchased
about a year ago from the Master of the Meath hounds. On
coming to a narrow by-road near the mountain grove, and
after passing through a grass field, the huntsman in advance,
J. Ryan, called out to Lord Waterford, who was approach-
ing a small fence about three feet high, and then pulled up
the hunter, in order to allow the animal to step over it.
' My lord,' said Ryan, there is a bit of a gripe at the other
side' (the road side of the ditch). Oh, never mind,' said
the Marquis, as his horse got his forefeet over easily, but at
the outer side of the gripe some loose stones caused the
animal to fall forward on its knees, throwing the Marquis
forward on one side of its neck. Re remaine in that posi-
tion two or three moments, but, the horse not recovering
itself, Lord Watorford fell out of the saddle sideways, and
came down upon his head on the road—a very slight' fall,
but yet unhappily sufficient to cause dislocation of the neck,
and probably concussion of the brain, causing almost imme-
diate death. Johnnyqtyan, the steeplechaser, rider, and
George Thompson, groom, saw his Lordship fall, dis-
mounted, and while the former held the dying nobleman's
head on his breast, and the latter chafed his hands, the
Marquis ceased to breathe. Captain Jephson and Dr.
O'Ryan were instantaneously on the spot, with the hunts-
man, and brandy was poured into his mouth and externally
applied, but animation returned not ; he was dead. The
remainder of the field returned in twenty minutes—after
the deathof the third fox—to learn with dismay the sad ac-
cident which had taken place. The body, having been
placed on a bier, was conveyed to the toad, as no car could
get up the lane, and there it was laid on a break-carriage'
belonging to Lord Bessborough, and slowly the mournful
group wended their way to Curraghmore, where it arrived
at about nine o'clock last night. The fearfully sad intelli-
gence was broken to the bereaved Marchioness, who awaited
his Lordship's returning; but who can describe her Lady'
ship's feelings as she listened to the suppressed grief and
the strange stifled sounds in the courtyard below on that
painful occasion, while bearing the remains of a deeply be-
loved husband into his late joyous residence ? Last night
the Marchioness of Waterford's mother, Lady Stuart de
Rothesay ; the heir to the title and estates, the Rev. Lord
John Beresford, now fourth Marquis of Waterford ; and
the Earl of Shrewsbury were telegraphed for, and their
arrival was hourly expected when we left Curraghmore.
It is supposed that the mortal remains of the deceased lord
will be interred in the family vault at Clonegnin*churchyard
—on the estate—on Monday or Tuesday next."

nain Abergele Bay, it
LIFEBOAT SERVICES.—RHYL, March
. 30.--Yester-
bdeaiyngsigant
signals
seN.V. The tubu-
of
timedistress i
lar lifeboat, which belongs to the National Lifeboat ow tide,7e rea
nd the observedm ,i .
Insti-
tution, was as soon as possible launched, and in less _then
a quarter of an hour afterwards she was alongside the.dis-
tressed vessel, which was a sloop from Liverpool to RaM-
say with a general cargo. She had broken her boom, split
her mainsail, and her small boat had been stove in. At the
request of the master two of the lifeboat's crew hoarded the
sloop to assist him to bring his vessel to a port of 'safety.
Fortunately the weather moderated considerably; otherwise
the vessel must have
_become ' a total wreck, as she was
rapidly driving on -shore when the lifeboat hoarded. her. .
Her crew felt-very grattful for the timely' asslstltnee" ren= '
dered them. They were Mansmen, and entirely ignorant
of this coast.