The Sun.
London, England, 1859-08-02 00:00:00

ASSIZE INTELLIGENCE.

WESTERN CIRCUIT.—EXETER, July 30.
(Before Mr. Baron Bramwell.)
REVERsING A VERDICT.

Francis Western, 46, a thatcher; was charged
with having, on the night of the 14th of June,
burglariously entered the dwelling-house of Eliza-
beth Gath, and stolen a brass candlestick.
Mr. C. Turner prosecuted, and Mr. Cole de-
fended the prisoner.
The principal evidence against the prisoner was
that of a woman named Rowe, who swore to having
bought the candlestick of the prisoner.
His Lordship having summed up,
The jury returned a verdict of guilty.
A further conviction was proved against the
prisoner under which he was sentenced to seven
years' transportation in the year 1832. He served
some period of that time ; and since his return to
Tiverton he appeared to have got his living
honestly.

The prisoner, on being called upon, said he was
innocent. The woman Rows was a prostitute of
the town of Tiverton, and kept a brothel. She had
a grudge against him some two years since.
Mr. Cole, in reply to his lordship, said he was
not brought acquainted with this fact until he (the
learned judge) was summing up, when he thought
it was too late.

His Lordship said, he wished Mr. Cole had in-
formed him of it. He should not in the least have
considered it irregular. He believed, in point of
law, as the verdict had not been recorded, the jury
could reconsider their verdict.

Rowe was then re-called by Mr. Cole, iu answer
to whose questions she admitted she was a prosti-
tute, but denied keeping a brothel. She had no
grudge against the prisoner.
His Lordship, in addressing the jury, said this
was doubtless a matter of great irregularity; but
it was hard, if the prisoner was innocent, that he
should suffer for the offence. The jury now knew
what the law would not have allowed them to know
before giving their verdict in an ordinary case, viz.,
that the prisoner had been previously convicted ;
but they also knew that since then, and for up•
wards of 20 years, he had been getting his living
in an honest manner. The jury had the power
of reconsidering their verdict, and to say
whether they were satisfied on the evidence of the
woman Rowe of the guilt of the prisoner; for if
they could not credit her statement then the whole
of the case as against the prisoner failed. The jury
had heard the account she had given of herself.
They were not called upon to say she had told an
untruth ; but the question was, could they rely on
her statement beyond all reasonable doubt.
The jury. after a brief consultation, said that
there was a doubt on their minds as regarded Rowe's
testimony, and they therefore acquitted the pri-
soner.

The learned judge said this course would doubt--
less be considered irregular ; but it was "never too
late to pond."

There was but one more case in the calendar, after
the Oposal of which Mr. Baron Bramwell pro-
ceeded to try common jury cases.

Ihe Two-year-old Stakes, of 5 notri each, with 25 added ;
colts, BSt 71b ; fillies; Bst 81h. • 'Six -furlongs." -I
Mr. J. Osborne's:c by Burgtmdy—Costrea..(J. Osboine) .1
Capttin. CoOper's.Retreat . (Whittington) 2
Mr. Watt's fby Augur—Miss Conyngliam (81b extra)
u. . . (Bumby) 3
Ti. following also ran :-L-Eva, Wallace, and Oneiza.
Betting-5 to 2 each agst the Miss Con:,. righein filly.
Eva, [land Wallace,. and 4-to 1 agstAho winner.' After a
little , ;splay; of tempev on the part of Oneiza t.-‘ltheltliss
'Oonypghem filly, the latter jthAped away with a clear lead,
•follesied by Eva 'and Retreat. - At the 'bottom turn Eva
took tip the running,:mid at the half distance the-lot were •
pretty; well together; but John Osborne bringing tip the
Cestrea colt with a terrific rush landed him a (lever winner
by a neck 7 the same- distance seplrated the second and
third animals. • . ,
Two-;ear-old Sellinz3. Handicap Plate of 50. sors. 'Six
furlongs.
Mr. Tullett's Edmund Kean; Bst - (Little) I'
Mr. Calder's, The Aloulvie, Bst : (Withington) 2
Mr. 4n. rdo ns Tib ticket, 7st 101 b.. .
• Mr. T Dawson4i Tousle,,7st•9lb • '. - (Bullock) '4
. r Thel follow' '3. also ran :—Gaylad,.. Recluse, •Enuna,
• — .112' '..-
*Bailie Boyes, and Maid of Brompton. ,
Bet ng-3 to 1' agst Edmund Kean, and 4 to 1 each
agst T e Moultrie,
utl Mitid`of BtOmpton, and Recluse.
1
• Toe madeplay,•followed
,by Recluse, Edtkutind Kean,
and th remainder in a cluster at their heels. After about,
.-
a quarter of a mile had been traversed ReclUse went to the
van, b tat the distance the•,lot were nearly abreast. Half-
ii
way up Edmund Kean,
,theMoulvie,4l,nd Tib Tacket came 1

out, and, after a good race, the tragedian won by a, length.
There jivas ahead bet Ween the second and third, and Tousle
was a lespectable font-Va. The winner, entered to be sold
for,43s NlC,frboug/it by. Nr., Jackson for 116 guineas. ,:,,,T.
The Gfeat St. Wilfrid Handicap of 10 sovs milli 5 ft, and
only 3if declared, with 50 added. Two miles.
Mr. T.lDawson'&The Slave, 3 yrs, Est 41b. ~ . (Madden) 1
Is, Mr. H d§on's Secret Treasure, 3 yrs, 7st 21b (Challoner) 2.
Mr. G.' by's Plash in the Pan, 3 yrs, 7st 21b... (Proctor) 3
The °Hewing also ran :—Miss•Stewart, Miss Chatterbox,
Vatty, Vidgeon, and Gorsehill. • •

_ .
Bett g—p to 1 each. agst The Slave, Secret Treasure,
and Mi s Stewart, and 6 to 1 agst any other.
The ag fell to a bad start,' Miss Chatterbox getting off a
11
long w, y astern. When they had fairly settled into their
running Gorsehill took a commanding lead, Miss Stewart
being s cond, and the others folloiving at wide intervals.
Passing the Stand the first time round, Flash in the Pan
blundered, and neatly came down.; After this mishap, Miss
Stewart went on-with the lead, ,ivhfoh she held to the dis-.
tance. i From this point the race becaMe a match between
The Slave and Secret Treasure ; and although Chtilloner
made a vigorous effort to overhaul DawsonN horse, he failed
in his attempt, and The Slave won rather cleverly by a
length. Flash in the Pan was beaten four lengths from the
second. The others straggled in, Gorsehill being beaten
nearly half a distance.

The. Amateur Stakes of 3 sovs each, with 20 added. One

mile

Mr. Osborne's Alfred, 6•yrs, list 101 b (£3O) .. (Osborne) 1
Mr. Thempson's carry, 3 yrs, 9st 911) (£2O) ....(Owner) 2
Mr. 'Barker's Mahon Messenger, 6 yrs; list 101 b (£80)
. . (Owner) 3
Mr. Reynard's Nemesis, 3 yrs, lOst (£20).. (W. Marson) 4
•

Betting—Even agst Alfred, and 6 to 4 agst• Nemesis:
Malton illessenger was the first off, but in a few strides Alfred
went to the front, and after having never again been ap-
proached, won in a canter by three lengths, There was a
head between the second and third. Nemesis was a good
fourth. The winner was not sold.

The Selling Plate of. 25 sous, added to a su-eepstakes of 3

covs each

Mr. Bed's Ancient Baron, 2 yrs, sst 1011) *(aco,

_
'(H. 'Grimmer) 1
Mr. J. 9sborne's Little Poll, 3 yrs, 7st 711),(X.,30.).

(Challoner) dis.
i •
Bettig-6 to 4 on Ancient Baron, who came in alone,
Little 1?oll having bolted, by which poor Challoner was
thrown hind much hurt' about the head..—The winner was

sold to Mr. Cunningham for 27 guineas.
The Stitt:lloy Handicap Plato of 50 sovs for all ages. Six

furlongs.
Mr Bell's La Victime, 6 yrs, Bst 71b (Bumby) 1
Mr. Wilson's Maid of the Tweed, 3 yrs, 7st (Robertson) 2
Mr. Calder's The Moulvie, 2 yrs, sst 61b (Grimshaw) 3
The following also ran :—Gibside Fairy, Charlotte;
Trepan, Jeannie Deans, General HaveloCk, and Andover.
Betting-5 to 2 agst La Victime, 3to 1 agst Gibside
Fairy, and sto 1 any other. .
Won by a length ; the same distance between second and
third ; and a head between the third and fourth. General
Havelock fell.

The races terminated punctually at half-past 5 o'clock.

TATTERSALL'S—MONDAY.
The afternoon was entirely taken up with settling the
Goodwood accounts; and the following bets only came
under our notice.

DERBY.
9 to 1 agst The Wizard (taken and offered)
11 to 1 agst Buccaneer (offered)
20 to 1 agst Umpire (taken)

HORSES STRUCK OUT OF THEIR EN-
GAGEMENTS.
July 25, at 3.30 p.m.—Hamlet,:out of Goodwood Stakes.
July 29, at 12.30 p.m.—Melissa, out of all her engage-
ments.

July 29, at 12.35 p.m.—Buccaneer, out of the Criterion
Stakes.

July 29, at 4 p.m.-7enny Longlegs and Ratlagoom, out
of the Nursery Stakes, Wolverhampton.
July 29, at 4.4.5 p.m.—Fulbeck, out of all his engage-
ments.

YORK AUGUf
The Great Ebor Handicap. T
57 subs. Forfeits to be del,

T MEETING.

'wo miles, over the Old Course.
Lared by Monday, August 8.

Age st lb
Leamington 0 9 2
Underhand
Starke
Longrange
Borderer
Sunbeam

Age st lb
The Courier 4 6 3
Belle 4 6 • 3
Montague 4 6 2
Heir at Law 3 6 0
Harraton
Heiress
Gretchen
Archduchess
Yellow Rose
Secret Treasure 3 5 10
Coroner 3 5:10
The Dane 3 5 9
Bankrupt 3 5 9
Cincinnati 3 5 9
Daniel
Shafto 3 0 9
Uralian 3 5 8
Gargrave
Just In Titnc.
Beethoven
Volatile 3. 5 :l
Greystock 3 5 0
Punch 3 5 0
Honey
Precious Stone ; 3 dead
Eclipse
Snowdrop 3 paid
Ilear West 3 paid

Hepatica
Ttinstall Maid
Mold of Derwent •
'Vanity
Argosy t 4 710
Ancient Briton
Ditto • 4 , 7 7
Rogerthorp '6 7 6
Herne
Kestrel 6 7 3
Mullet 5 7 0
King of the Isles
Des Chiles

Hydromel 4 6 8
Cawood 4 6 8
Ticket of Leave
Ethiopian 4 ' 6 7
Goahead
Burgomaster - 6 6

'eciess

Trabuco ' 4 6 5
Gladiolus 3 6 5
Julia

RAILWAY COLLISION.

Yesterday afternoon, about half-past one o'clock,
a collision took place at the Fenchurch-street rail-
way terminus, which resulted in serious injury to
several passengers. Owing to the indifference of
the company's ( fficers to furnish any information
respecting the sid mishap, some difficulty was ex-
perienced in eliciting the facts, but the following
may be relied upon. The traffic from this central
station during the summer months is very con-
siderable, and the space is somewhat limited for
the running of so many trains in and out. To add,
to the difficulty, the engines employed on the
Tilbury line, after they have come in with the
train, have to return down the main line to the
turn-table and to take in water, to be enabled to
proceed with the down train. About the time above
stated a Tilbury train had arrived at the station,
and the engine having been detached, crossed over
to another line, and was returning through the
lower end of the station on its way to the turn-
table. Whether the necessary signals were on, or
the points properly, worked, %we have been unable
to learn ; but just as the Tilbury engine was
passing clear of the station it came in fearful
collision with the carriages of a North Wool-
wich train which was coming in. The shock
is described to have been very severe. The force of
the collision threw the Tilbury engine off the metals
and the carriages of the train were reported to be
shattered ; a number of the
ecNo,emrpyand3re'sspastecrh wasvants
were soon in attendance, n
used in extricating the wounded passengers.
Several were bleeding from wounds on their heads,
and in on case, that of a Mrs. Bridget Victory, who
resided at Plaistow, so great was her fright to escape
from the carriage that she in some way stumbled
through the door-way, and fell, it is thought, on the
permanent:way, sustaining serious injury to her hip,
An elderly woman named Louisa Hall, also living
at Plaistow, was found to be much burnt, and both
these sufferers were conveyed to the hospital with-
out delay. Dr. Merrett, of Leadenhall-street, sur-
geon the East
gentlemenEastln
India Company,
of the neighbourhoodompany,withliissonand
°vitellreert: umedical'tiekly called in to the aid of the injured'
passengers, and several of them having had
their injuries attended to, were sent home in cabs:
As soon as the excitment had someewhat subsided,
gangs of labourers, under the direction of Mr.
Wightman, the superintendent of the Blackwall
Company, were set to work to clear the line, and in
the course of an hour or so the obstruction was re-
moved, and the, trains on that section of the line
resumed running.

Cr,YSTAL PALACE.—ONE SHILLING DAY.—Mon-
day, Aug: I—Admissions' on payment, 18;294; ditto, by
season tickets, 733. Total visitors, 19,027.

Yellow

•
1,4,0
•RANELAGIi YACHT CLUB. 0
. , •
The Second: sailing match this season of the •
lagh YaCht Cliib cmnc off yz,ssterday,' for a silv(N,
prize, value •X 1.7), when the following craft coin- ..:
peted:—
•
Yachts. Tons. Owners:-
Clara ..
Lancet
-Mr., Bish6p= 1:1 •
May, Fly
KaL4 Mr. Jac4scn.
The diAanch. rrom Battersea-bridge to a buoy 1.
mooriid off Wandsworth, three times up and down.
They got off at' 2.`ei, the Clara, who WAS sailed by • • ';,/
Davies, .9f. Chelsea,- being rs-t-ry 'smart and off •first;
folldwed by the ancet and May Fly`, 'Elate all
,•!,
astern. The Clara. ''c9as sailed in the most 'Splendid •
'manner, and under •the influence of afine breeze.
from the westward 'ineteased' ,her lead rapidly all ,
the way, and finished a winner at 4h. 38m. The
Kate passed the Lancet after a very.,close match,
Ind was second at 4h. 49M., the Lancet coming in
at 4h. 50m. 30s.

DOGGEI L'S-.COAT AND BADGE.
This'Very old-eF,tablishcd arid highly-'respectable
wager can, oirti ~,,.tersjay, and was one of the finest
races on record. The weather being very fine, the
assemblage of 'Spectators at different parts of the
course, from ther Swan, at Lolidon-bridge to the -I
Swan, at Chels, a. was extremely large, while hun-
dreds of small bouts of all denominations and some
sfeamers, accompanied the race.
Charies'Starr Farrow, Bermondsey .. 1
Beurairtinjoiepli Lilly, ilungerford
,James Lowe, I...wheal 3
James Isaac Trumble, BermondSay
Samuel Palmer, Iforsleplo W7l 5
§azuuel. Angel SurEe,s, Greenwich...
In addition to caat4nd badge, the Fishmon-
gers' Company have added 'a guinea to. the winner,.
guinea and a halt to the fourth man, and a guinea
to the fifth and sixth., Besides Doggett'S there
is a bequest of 17s. pd. for the second, and
£2 'lBs.
,981. for .the third man, arising from
the interest of South Sea Stock of Sir',
William Jelliffe, so' that all the young Water-. -.•
men . who were engaged, in the contest, re-
."
ceived something. Tile weather was very severo7-,Z74
the m PO: onl-v rowed-pgaituat \tide -but a gai ngt; 41,avad
i-6ry 'head is ind, 11.13 elatin Of.Lbal
or ever been greater. Aff.°Dards, the bargeinater....,.
of the' iishmongers'. Company,. was as usual the •
umpire, and started the men admirably 'at a•quar- . •
ter past. four, iMmediately afterligh water. Lilley
took:a decided and cxtraortlinay lead, and it has
seldom been the ill fortune of a man to lOae it after
retaining it so long. 'Lowe was second for the first
half-dozen strokes, and then Farrow, who had been
'lethargic at the , time of starting, came upon him
hand over hand-and' went into the second 131itee.
Trumble, Palmer, and BUrgess, formed altogether a
second division, and soon got thoroughlybtailed ;
the race between.the Ober three was exceedingly
interesting; Lilly held.. his lead. to Cubitt's• Pier,
Pimlico, where ParroW..tOtichedhim upon the lax;-
bOard quarter, Canted him athWirt the tide, rowed
'inside of him, and won the race. by 4(1 'seconds.;
Lilly was scarcely a minute 'ahead of rOwe • the
others, with the exception of Trumble, were ;hove
half a mile': astern, but he had • rowed with great
lasting power all the way up; and gained much at
the last.. .

' • f
OLD BARGE 'HOUSE itZGATTA.
This old established regatta, came oftyesterday
for a purse of sovereigns and other prizes, in three
heats, the following being the result :

. First Heat.
Thomas Rogers and Thir.nfts G'aines (Green) 1
Thomas Holmes and Jthii Knox
John Brown and George Rogers (White) 0
Second Heat.
_ _ _

. .
Richard Sneath and John Kilsby ,' Yellow) 1
James Aslett' and William lino*. (Red) 2
William Thorrington and James Webb (Blue) 0

,
1

Grand Heat
1 Pink
2 I Green
A good heat, won by two lengths.

•
HUNGERFORD LANDSItEN'S REGATTA.
_This regatta was rowel yesterday for money
pries, and was won by T. Donovan and J. Cor-
i/lack, T. Keegan and I'. Keegan being second, P.
Adnam and T. Gaghill third, and S. M'Evoy and
C. King fourth.

RAIL WAY INTELLIGENCE.

LONDON AND SOUTH-WESTERN.

The directors of this company have just issued
'their report.- It States that the net revenue for the
six months ending June 30, after deducting in-
terest on loans and, all other preferential charges,
amounted to £143,677. To this is added £10,396
from the December account, making the balance
available for dividend £154,073. The directors re-
commend a dividend at the rate of 4,-4 per cent. per
annum, payable on the 20th of August, which, on
£7,197,855 of paid-up capital, will absorb £152,945,
,and leave £1,119. 'rle increase in the gross re-
venue for the half-year was £43,342, as compared
with the corresponding period in 1858 ; and in the
working expenses £33,216, leaving the increase in
the net revenue £10;126. The Vital receipts for
the past half-year amounted on 339 miles of rail-
way to £437,196 against' £393,854 on 28751 miles
for the corresponding, half of 1858. The increase
in the receipts for passengers amounted to £26,824,
and for goods to £19,977. The increase in the
mileage was 512 miles, and the proportion borne by
working expenses to the gross receipts has been
increased by this cause, and by the low fares which
the company has been constrained to take in the
Portsmouh district. 'The conversion of the old first
and second class carriages into second and third
class is being carried out, and the second-
class carriages ~are being provided with
leather cushions and backs, all which im-
provements. are charged to the revenue. The
whole of the line is in good working condition.
The Exeter Extension line is in progress, but the
heavy works at the Honiton tunnel and the Miste-
ron embankment have much delayed the contrac-
tor. Mr. Erring;ton, the engineer, states that there
-now remains to be completed...only 150 yards of.the
tunnel out of, 1,300. The Yeovil branch is now suf-
ficiently advanbed to secure its completion with the
Main line. There are heavy works remaining to be
completed between Gillingham and Yeovil. The
Win,bledon and'Epsom line was opened for traffic
on the 4th of April last. The extension to Leather-
head, which was opened oil the Ist of February, is
expected to drove remunerative. 'The bill for.saric)-
~tioning the amalgamation of the new Ports-
mouth Ririlway-with the—system of this com-
pany has received the sanction of Parliament.. The
directors anticipate that the arrangement will, in
its integrity, .be very shortly submitted for the
final sanction of the respective proprietaries at
meetings to be specially convened for that purpose.
The differences which have existed between this
company and the Brighton Company respecting
the traffic of Portsmouth, have been a cause of great
regret to the board. They are now, however,
a
ver,g general
pacification that these are at an end, and
pacification has been effected on terms believed to
be mutually advantageous to the companies and to
the. public. Under this arrangement the running of
through trains by the direct Portsmouth route will
be resumed on the Bth of August, and thelow-priced
excursion trains by both routes will be on the same
day abandoned. An act has been passed for ex-
tending the South-Eastern Railway to Hunger-
ford-market, and to a junction with this railway
at the Waterloo station, by which extension traffic
may pass through from this line to the London-
bridge Station and vice versa. .Access also to the
terminal station of this new undertaking in Hun-
gerford-market may be obtained for this company,
if the proprietors desire it, and provisions for facili-
tating such a course, if deemed expedient, have been
inserted in the Act. It has, however, hitherto'ap-
peared to the Board that any such accommodation
as this company would require on,the north of the
Thames could be only obtained by very large and
undue expenditure, and Tor this and othea reasons
they have not seen fit to recommend such a measure
to the proprietors. The bill kntroduced by the com-
pany into Parliament for various amendments and
extensions of the company's powers has become law.
Besides authorising arrangements :with the Brighton
Company respecting the through traffic between
London and Portsmouth, and enabling the com-
pany to execute the above-mentioned works and
branch in the Kingston district, it authorises a very
desirable enlargement of the Bleehynden or West
Station at Southampton, and also enables the pro-
prietors to reduce, if they see fit, the number of
directors.

The report of Mr. Beattie, the locomotive engi-
neer, states that the train mileage had been
1,768,095 miles. against 1,486,008 miles, giving an
increase of 282,087 miles. The cost of maintaining
and working the locomotive stock was at the rate
of 7.98 d. per train mile. The capital account showed
that £10,378,979 had been received and £30,378,110
expended, leaving a balance of £869.

-
INDIA.—A bill to amend the Act for the better
government of India, brought in by Mr. Baring, M.P., and
authorises the Secretary of State for
m time to tithe; with the concurreiace
ISni rd Ca .4
nWcoooudn,
of a majority, to delegate to the Governor-General and the
Governors of the Presidencies, &c., certain powers to. sell
and dispose of all real and personal estate whatsoever in
India vested in her Majesty under the Act. The mude cf
executing contracts in India is also pointed out. •
THE TEA TRADE.—Au gust:l .—The deliveries in
London estimated for the week were 485,7501 b., which is a ,
decrease of 1,833,0121 b: compared with the previous state-
menti For some weeks past the delivezies have been con-
siderably augmented in consequende of an expected increaser
in the duties,