The Sun.
London, England, 1857-10-30 00:00:00

THE SUN, LONDON, FRIDAY EVENING, OCTOBER 30, 1857,

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CRIMINAL MT—allis Day).

OLD COURT.
(Before the Lord Chief Baron, Mr. Baron Martin, and
Mr. Justice Willes.)
THE QUEEN'S PRISON MURDER.
Antonio do Salvi was placed at the bar charged with
the wilful murder of Mr. Robertson in the Queen sßench
Prison. The prisoner put in a plea of antre fois acquit
—that he had been put in jeopardy for the same offence,
and ought therefore not to be tried for the murder. To-
day was appointed for hearing the arguments on each
side in reference to the plea previous to the pri
soner's being put upon his trial for the charge of murder.
Mr. Bodkin and Mr. Clarke, appeared for the prose-
cution : Mr. James, Q C., Mr. Sergeant Parry, and Mr.
M`Nlahon, M.P., appeared for the prisoner.
Mr. Bodkin said the Court was aware that the pri-
ssoner stood indicted for wilful murder, and had in
answer or bar to that charge put in a plea of autre fois
acquit ; that had been demurred to by the Crown, and
he (Mr. Bodkin) had to submit to their lordships' that
the prisoner's pies was bad in law, and no bar the ver-
dict. The averment in the plea should be identical
with the charge, but in this case it was omit-
ted. It appeared to be conceived by the plea that
the intent to murder was a necessary ingredient in the
commission of murder, but it was not so, and there were
numerous instances where murder had been committed
without any intention on the part of the parties charged
to commit murder.
Mr. James contended that the prisoner had rightly
and correctly pleaded to this indictment. The plea
sets out the prisoner's acquittal on au indictment
charging him with wounding with intent to mur-
der, and he (Mr. James) had to submit to their lord-
ships that that offence arose out of the same
transactions as those on which the indictment for
murder was founded. It was clearly laid down in all
the authorities that where there were two charges
against a prisoner, though not precisely the same in
point of degree, an acquittal on one was an acquittal on
the other. The murder with which the prisoner was
now charged, it was admitted by the prosecution, arose
from the same blows and transaction as the charge of
wounding with intent to murder, of which he was ac-
quitted ; and, therefore, the charge of murder against
the prisoner, as a murder resulting from the same
wounding of which be had been acquitted, could not be
tried, and the prisoner put again in peril.
Mr. IVl'Mahon followed on the same side, quoting a
number of authorities in support of the prisoner's plea.
At the conclusion of a very elaborate and learned .
sraument,

The Lord Chief Baron, after consulting with the other
learned Judges, overruled the plea, and the prisoner
was accordingly put upon his trial on the charge of
murder, a mixed jury of Englishmen and foreigners
having been sworn.
Errl Granville, in whose service the prisoner formerly
was, as valet to his lordship, was aceonpuodated with a
seat on the bench, and appeared to take great interest
in the proceedings.
The jury returned a verdict of manslaughter.
Sentence deferred.

PASSAGE UP BRITISTI TROOPS THROUGII

EGYPT.

(FROM A. TRAVELLER IN THE EAST.)
ALEXANDREA, OCT. 20.
We have bad two stirring arrivals here, which
have aroused alike Greek, Mussulman, and Jew.
On the 15th the Peninsular and Oriental steamer
Sultan brought us 14 officers and 235 men of the 4th
and 11th Companies of Royal Engineers en route
for India. On the 16th the excitement was kept up
by a saute fired from a fine 46 gun frigate vvhici,
entered this port, and next we saw our gallant
Pioneers, clothed in the garb of peaceable English
husbandmen, i.e., in white blouses and wideawakes.
The Peninsular and Oriental Company's agent of
this place, Mr. Holton, has made such admirable
use of his position to render the transit of troep,
across the desert efficient that he is sail to be ready
to undertake to convey comfortably 2,000 English
soldiers per mouth through the Pacha's sand
steppes.
The Pacha does not at all object to English sol-
diers crossing his territory in their uniforms and
accoutrements, but I think Government acted very
wisely in providing our men with white clothing,
allowing. them only to carry their great coat, bread
bag, and replenished water bottles—more than this
would unfit men to stand sudden change of climate.
The first batch of soldiers traversed the Desert
in 29 hours ; the Royal Engineers will have ac-
complished their journey• through the Desert in
little more than half the time.
At five o'clock on Sunday evening, the 18th inst.,
Colonel Harness addressed the soldiers in a few,
manly, heartfelt words as to the nature of the ser-
vice rendered by the Pacha to our gracious Sove-
reign by allowing English troops to traverse his
territory, and expressed the confident hope that m
complaint would be brought against them for vio-
lation of hospitality. The men made mien to cheer
their colonel and the good ship ea board of which
they had been so well cared for ; but so well dis-
ciplined were they, that they controlled then
feelings at first bidding ; for the colonel said,
" Whatever you do, don't cheer."
Though the men traversing the Desert stop every
six hours for a good repast, they are nevertheless
provided with a day's cooked fresh meat ration,
broad, and a bottle of good drinking water.
Colonel Pocklington, Deputy-Quartermaster-Ge
noral of Melt e, acts here in concert with Mr.
Holton. Both gentlemen have hitherto accern-
panied the troops through the Desert, and both
are entitled to a large share of credit for putting
their shoulders to the wheel manfully in despatch-
ing our men to the seat of war.
The Calcutta batch, under Brevet-Major Nichol-
son, a much beloved Crimean officer, is accompanied
by Colonel Harness, a fine elderly gentleman of
high attainments and most courteous manners.
The Bomb ay batch, under Capt. Cumberland, is
commanded by Capt. Fenwick, who has stood the
brunt of rawly a battle in the Kafir war.
It must be a severe blow to parent, brother, or
sister, to bid adieu to officers of this stamp ; but,
had I a son, I would bid him God speed to enrol
with such men, who strive to be equal to the emer-
gencies of their time.
The friends and relations of the Royal Engineers
in England will be glad to learn from the accom
panying document that their journey up to this
piece was a source of great pleasure :
" S.S. Sultan, Oct. 14, 1857.
"We, the undersigned officers of Royal Engi-
neers conveyed from Southampton to Alexandria
by the Peninsular and Oriental steam-ship Sultan,
cannot part from Captain Neil Cook and his officer,
without congratulating them on the extremely plea-
sant manner in which the duties of the ship have
been carried on, and at the same time specially
thanking them for their courteous consideration of
our comfort.
" We are indebted to Captain N. Cook and his
officers for an extremely pleasint voyage ; and in saying ' adieu,' most cordially wish them every
happiness and succe-s.
"(Signet) H. D. Harness, Lieut.-Colonel, R.E.;
T. Fenwick, Captain, R.E. ; Lothian Nicholson,
Brevet-Majer, R.E ; J. C. Haverty, Staff-Sur
geon : C. G. Cunibe; laud, Captain, ; P. H.
Scratchley, Litnteriant, R. E k. J. P. Maguey,
Lieutenant, R.E. ; C. E. Wynne, Lieutenant.
R.E. ; D. C. Walker, Lieutenant, R.E. ; J. P
Patterson, Lieutenant, ILE."

sioners of the Admiralty, Capt. Sir B. Walker, Sur-
veyor of the Navy, and Mr. R bus Bromley,
m©
Accountant-General, transacted business with Com-
modore Shepherd, in Woolwich Dockyard, yester-
day. _ . _

The Foyle, Irish merchant steamer, embarked a
detachment of the 55th 'Regiment at Portsmouth
Dockyard yesterday, and left with them for the
westward.
The following appointments ware made yesterday
at the Admiralty :
Matter in Command—Froderlck R. Sturdee, to the
Rhadamanthus.
Second Masters—Thomas Pound, to the Rhadarnan..
thus • an] William L mg to the Spitfire.
Midshipman—Francis C. Hastings Dent, to the Spit.
fire.

THE MILITIA.
Orders have been received by the Hon. Colonel
Nionckton, commanding the West York Rifle., to
hold that regiment in readiness to march to Shorn-
cliffe.

The 3d West York Militia have received orders to
proceed from Doncaster to Aldershott in the ensuing
week. The corps is under the command of Colonel
Loftus, and is in a very efficient condition, though
not up to its full strengi h.
The No! th imptonshire Militia was embodied on
Tuesday at
_Northampton, and mustered over 700
i!ron.g. It is expected that before the 31st 200
'lore will come up. The regiment did garrison
duty in Gibraltar during the late War and was
highly complimented by the Governor, Lieut.-Gen.
Sir J. Fergusson, K. O. B. Both officers and men
will volunteer again for any foreign station.
The Royal Elthorne Light Itifsntiy, under the
command of Lieut.-Col. M. Prior, is under orders
for Ireland, and expects to proceed to Dublin next
reek. The regiment numbers close upon 1,000
;nen and has its full complement of officers.
The 2d Royal fianaek Militia assembled for em-
Indic:tient at Lanark on the 21st inst. The regiment
is under orders to proceed to-day to Haman Bar-
racks, and will occupy the huts erected there during'
the late war.

LONDO ,V STREETS AND SUBWAYS.

"Highways abd bycways" used to'be a phrase
comprehending all the ways of a country, but a
bird kind of way is now likely to come into use,
and not before its time. We are to have " sub-
ways," and no person' living in this city will deny
,he want of them. Half the business of London
appears to lie five feet underground, ,and there
is at present no way of getting at it except through
the pavement. Not only are new Schemes of
sewerage perpetually afloat, but sewers pow repre-
sent only a portion of our subterranean machinery.
Every tenement demands its own water supply ; a
lozen companies employ themselves in furnishir,
the necessary element, and every company has itsb
own system of pipes. It is the same with gas, which
s carried through infinite ramifications of tuber
under every roadway by a score of rival establish-
nients. To house drains, and water mains, and gas
pipes we must now add telegraph wires, which cou-
duct for us an underground correspondence almost
is active as that of the post. As a matter of course,
with what changings, cheppings, mendings, and
movings, some part or ceher of this multiplied ma-
ehine.y is always needing attmtion, and iu order
att,nd to it we pull up the roadway, and so de-
-troy the street or the pavement altogether for the
time being.
We will undertake to say that on any given
norning a good proportion of our London tho-
roughfares will be found impassable. Sometimes
lalf-a-dozen streets in succesion are blocked up
until a man comes to his wit's end in trying to get
rom one quarter of the metropolis to another.
l'he Constitu ionnel told us the other day that we
English could afford to sneer at the pAssport system
because we did not know what jt was to have
barricades in our capital. N. ,t know barricades,
ndeed Why, we are never without them. The
whole art and system of these obstructions has been
ielined to thellogbc,t pi•ch of excellence among us,
tld is practised incessantly. We wish our con-
temporary would take a cab ,et Charing-cross, awl
ry his hand at getting to any of our me'ropolitan
railway stations. Before he had gone 5110 yards
oe would find out the shape which street revolu-
tions tike in England. Our red flag is a wisp
f straw--a haudbtrrow turned up,ide down—a
heap of stones in the middle of the road, like
some dismal cairn on a Scotch m.oniittin—some-
tunes only a mere pavfiut's rammer ; but the
yinbol in each instance is omnipotent, and sub-
ii.ission a matter of absolute necessity. Ge3sler's hat
upon its pole was net more expressive of pubic
iondage than these simple emb'ems. • They mean
ha some com:Any or other requires the street for
ti e day or the week, as the c :so may be, and that
the thoroughfares is th97efore closed to all oth- r
ore itures.

NAVAL AND MILITARY INTELLIGENCE,

Yest€rday an order was received by Co!. R. N.
Phillip, commanding the 2d Battalion at Cha'han,
garrison, countermanding the order for the emhar-
kation of the reinforcements for the Gist and 87th
Royal List, Fusiliers, and directing reiuforcrments
for the 94th Regiment to he held in readine.,s to
einbark at Plymouth for the purpose of joining
their service companies in India.
Nearly 300 recruits have arrived at Chatham
garrison during the last two days, chiefly from the
London and Liverpool districts, for th,i purp,..e of
joining the Indian depots at the provisional batta-
lions. A large number of these have been attached
to the staff of the 2d battalion of the 7th Royal Fusi-
'i.ers, which is now being raised.

Imagine a man pulling up the floor of hits dining
•ooin every time he wanted to fetch a bott!e of
,sort om the cellar. That is about the character of
am London practice: in this matter. We cannot
,ay exactly in what reign it was discovered that a
ermanent flight of steps t. the basement story was
aisnscreersygtaroruodavenient arrangement, but we know thatotiourt
lastroadways
w eweek.
thr,
Subways,,, analogous idea
o r w
wayswas
for getting at the works under the pavement
otherwise than through the pavement itself,
are creations of yesterday, and are still, in-
deed, in the first and mo,t rudimentary stage
of being. The Metropolitan Board of Works
has the merit of initiating the movement— a highly
natural merit certainly, for, except through some
such consummation as that projected, we do not
see how the Board is tG keep access to its own
domain. The functions of thin tribunal are per-
formed under our feet ; in fact, it is bewildering
to thank what an amount of administration and
Taxation is involved in tranEaotions two yards
beneath the, pavement. It is reported of cer-
tain ancient cities that the architecture above
ground was surpassed by the architecture below,
and such will soon ba the case, we should
think, in London, judging by the rate of cost.
Most people, we suspect, pay more for sewers
rates than they do for house-tax, and the demand
gets larger and larger. Naturally, therefore, the
Board of Works wants to get at its kingdom—
its dominion where it expends so much money
ind contemplates so much improvement. So
sumo premiums were offered for the best plans of
subways—ways which would allow the business of
people below to be conducted without prejudice to
that of people above. We think the principle of this
arrangement very reasonable. It would have been
hard if Mr. Brunel had claimed a right of stopping
the Thames during the time he was building his
tunnel.

OwAug to the numerous arrivals of recruits from

all parts of the kingdom at the Indian Battalions,
Chatham, sufficient accommodation for the troops
cannot be obtained at Chatham Barracks, in conse-
quence of which the depot companies of the 98th
Regiment have been removed to Brompton, and
quartered in a portion of the barracks recen,ly oc-
cupied by the Royal Engineers.
The following officers have proceeded from
Chatham to the School of Musketry at Hy the for the
purpose of undergoing a course of instruction in
the Enfield rifle, previous to their departure for
India :=—Captain R. 11, Travers, 24th Regiment :
Captain J. M. Lyle, 29th Regiment ; Lieut. W.
J. Anderson, 32d Regiment ; Lieut. T. Carlisle,
nth Regiment ; and Lieut. R. Swift, Slat Regi-
ment. Two non-commi*ioned officers from each
battalion have also gone to .Hythe foi the same
purpose.

By a letter received yesterday at Portsmouth
from Rear-Admiral Sir H. Ktppel, dated Singa-
pore, Sept. 7, we learn that he was then on his way
to Borneo to visit his old friend Rajah Brooke, pre-
vious to his return to England.
The Duke of Wellington, 131, and the Victor
Emmanuel, 91, now at Portsmouth, are to be
equipped for the steam fleet in reserve.

Tee Lords of the Admiralty have- ordered the
following steamships and vessels now in the steam
reserve at Sheerness to be immediately sent to
Chatham, for all defects in the hulls to be made
good with all possible despatch, viz. :—the Colos-
sus, 80 guns, sorew steamship ; the Argus, 6 guns,
paddle-wheel steam-sloop ; and the Driver, 6 guns,
paddle-wheel steam-sloop.

We cannot profess the least surprise at hearing
that there was, a " considerable similarity" be-
tween two plans proposed for terminating our
present difficulties. If a premium had been
offered for the best method of procuring a roast
pig without burning a house down. the similarity
of the propositions would probably have been
considerable on that occasion also. Oue compe-
titor after another showed with great simplicity
that a subway, or road large enough for a man
to walk in, could be constructed underneath the
pavement of the street ; that gas pipes, water
pipes, and telegraphic wires could be arranged on
either side of it, so as to, admit of the easiest
possible access, extension, or repair ; and that from
this subway approaches could be evened to the
sewers also, as occasion required. The great dis-
tinction was in the estimate of cost, but, according
to the highest reckoning it would not take above
50,0001. or 60,000/. to make a subway the whole
length of the Strand ; according to the lowest
biddings scarcely a third of the sum. • •
OR the point of expense, however,, we say but
little, and for this simple reason—that subways will
soon become so necessaryas to beinevitable, whether
they cost much or little. Let no innocent house-
holder imagine that because he has had a fortnight of
open trenches before his door he will therefore be se-
cure from all such annoyance for some time. • The
water company may want his street the very minute
after the gas company has done with it, and after
both of them have been used up for the moment a day
of such rain as we had last week may set the Sewers
mweayeanbneostttrhucinkk withoutth acosnhsutdrudecrtioonn tohfe raate
Commissioners on him f,,r a month to come. Certainly
ebtyliehralvin
big as London, but what are we
dWrilivaetndaowiaryadfocrscndaeynaltoosge cryptwhi asch
g their customers
WhatPa Ypaying
aalal it
tf
is
Ist
lose by breathing the effi •
uvium of open sewers and
leaky gasday Pipes ong—by finding that a main
thoroughfare is reduced to half its width for a
week or two, and that one out of five streets is
utterly impassable for the same length of time I
Perhaps even all this damage might be endured
if it were manifestly terminable, but the worst
of it is that the certainty is exactly the other
way. What with the extension of telegraphic

- The Cressy, 80 gunS, screw steamship ; the
Majestic, 80 guns, screw steamship ; and the Royal
George, 102 guns, screw steamship, are ordered to
L be taken into the fitting basin at Sheerness, for all
defects to hull and machinery to be made good
immediately.
The Caesar, 91, screw, was taken from the ordi-
nary alongside Portsmouth dockyard on Wednes-
day to have her rigging and masts overhauled, and
to be brmight forward for the steam fleet in reserve.
The Clio, screw corvette, 21 guns, is building in
Sheerness yard, and according to present arrange-
ments will be launched about the 31st March next,
after which orders have been received immediately
to lay another screw corvette down, to be called the
Orestes, which vessel will be built upon the lives of
the Scylla, and will fight her guns on the main
deck. It is rather feared that by so doing she will
be crank. Be that as it may, it appears definitely
settled that the Orestes will revert to the old scale
of not fighting her guns under cover, the disadvan
tage of which is, iu action, the masts being shot
away become entangled with the guns.
The Avon, 3, paddle, Mr. Palmer, master com-
manding, arrived at Sheerness about noon on
Wednesday, after taking Adusikal Bruce's effects to
London. At Woolwich she took in a propeller,
55 cwt., which she landed in that yard, and left for
Portsmouth about 10 a.m. yesterday. We believe
the screw in question is for the Meanee, 84, now in
Sheerness basin.
The Belleisle, 6, hospital ship, Commander Rodd,
was at Calcutta on the 24th ult.
The captain and officers of the United States
steam frigate Niagara give a grand ball and supper
at Bate's Royal Hotel on Thursday evening next,
to which the nobilityand gentry of the three towns
and neighbourhood, together with the heads of
the 'several public departments, officers of the
navy and army, &c., are invited. Supper is or-
dered for 500 persons, and the splendid suite of
rooms are being decorated with much taste for
at Paris is also
the occasion. The American Minister in London
promises to be
will be present, and the minister
expected ; in fact, the whole affair
one of the gayest and most fashionaPble witnessed
in this locality for a long period. h During the time
the Niagara has been at this port
ter officers have
shown the greatest possible tour es officers
and most
bearing to all art
gentlemanly
which has been an object pf
no slight attraction.
ies visiting the ship,
They will shortly leave us foro New York, returning
here in the spring of the
.It
year to re-ship the trans-
atlantic telegraph cable
as
th
is not too
ffi muchdalsointo
say that the men, as well
their stay at this port, have, by theiro coenedrUct, won
g general respect, and they will take with them the
best wishes of the inhabitants for their health and
prosperity. —Plymouth Mail.
Rear-Admiral Eden, one of the Lords Commis-

communication, what with the improvements in the
water and gas leupplies, and what, above all, with
the approaching main drainage scheme, it is beyond
all doubt that the regions just beneath our feet
will be more in request for the next few years thin
they have ever been before. The stklasoil of our
streets is likely to be as much frequeuted m their
surface, and if we can but manage that the former
t '
shall be ac,cessiide without tie destruction of the
latter, there will be nothing to complain of in the
fact.
e only an
All tilesewt themeans proceedings
of represent improve-
ment ; w
fact,
tug about
them conveniently. Eventually,
come to this—that we must'
as well as other subterraneaneither. have subways
machinery, or forego
all these accommodations. t
ogether.—Tintes.j