The Sun.
London, England, 1861-01-18 00:00:00

THE SUN, LONDON, FRIDAY EVENING, JANUARY 18, 1861

right, under the process of that Court, to attach
property about to be shipped abroad.
Mr. Cox said that the privilege of attaching such
property was a very important one claimed by the
Lord Mayor's Court, mad it was very necessary that
the Corporation should support their rights. He
moved that the matter be referred back to the com-
mittee to take legal advice and adopt any proceed-
ings they might consider necessary to support the
rights of the Corporation.
The Court shortly afterwards adjourned.

done with it was filled up tightly with rubbish.
They had never been in the habit of using mortar
to stop the spoutholes, though no doubt with plenty
of mortar it would be possible to stop them more
tightly than at present. The spoutholes, however,
were very likely to creep together, and squeeze out
a wall. Occasionally there was a scarcity of trams
(for carrying the coal from where it is cut to the
bottom of the shaft), and in that case the coals which
had been cut would lie about, thus reducing the
size of the airway (thereby reducing the column
and the velocity of the current of air).
This witness was still under examination when
our parcel left.

rather " sluggishly;" he had gone twice as fast in
coming through the cutting.
After some further evidence to the same effect,
the jury returned a verdict of accidental death.

Mr. Hargreaves, of Manchester, spoke in high
terms of the attention of the medical men, and
thanked the jury for their patient investigation.

A SERVANT STARVED TO DEATH.

The town of Henley-on-Thames has for several
days been in a state of excitement from reports
which had been freely circulated that a young
woman who had lived in the service of a gentleman
had died from starvation.
Inquiries were set afloat, and the following par-
ticulars have been gathered :—Mr. Robert Durno
Mitchell, who is a retired naval surgeon, occupies
a house in the suburban part of lleuley, catled
New Town. The site is pleasant, but, as a tolerably
high wall surrounds the house, only the upper part
of the building can be seen by persons walking
along the road. In the month of August last a
young woman named Clarke, about 24 years of age,
was hired as a domestic servant to Mr. Mitchell,
and she entered upon her situation in the same
month. Mr. Mitchell has a wife and children, and
the habits of the family appear to have been those
of seclusion. The gate-in front of the house was
kept locked, and the servant could seldom be seen.
The young woman Clarke was taken very ill at the
beginning of the present year, and she was subse.
quently removed to the Henley Union Workhouse.
Her appearance satisfied the officers of that estab-
lishment that she was in a state of starvation; and
this opinion was confirmed by the avidity with
which she ate the food given to her. The medical
officer of the union was called in to see her, and
he found her to present all the appearances of
being in a state of starvation. In addition to
that she was very dirty, and exhibited altoge-
ther signs of having been fearfully neglected,
both with regard to food and other comforts of
a domestic servant. Every attention was paid
to the poor creature, but she became delirious, and,
though she was subsequently more rational, her
system was too far exhausted to be recovered, and
she died on the 9th inst. The medical officer, Mr.
Jeston, having stated that he believed death to
have reßnited from a long deficiency of food and
nourishment, the authorities deemed it right for an
investigation to be made into the case. The de-
ceased, though 24 years of age, and about five feet
in height, only weighed 501 b. after death—sucn
was the extreme emaciation of her body. It was
reported in the town that not only was the deceased
kept short of food, but that the bed for her to lie on
was little more than straw, and it is feared that
there is some truth in this statement, four of her
toes having been found frostbitten and in a state of
gangrene.
The inhabitants of the town were very indig-
nant at the conduct of the deceased's master, and
nothing but the strictest inquiry would seem to
calm them. An inquest was accordingly opened
on Tuesday before Mr. Hews, the mayor and
coroner of the town, and after taking voluminous
depositions, in which three medical men expressed
their decided opinion that death was the result of
starvation, the jury returned a verdict of "Man-
slaughter" against Mr. Mitchell.
A magisterial investigation into the case took
place at the Town-hall on Tuesday. Mr. Charles
Lane was chairman, and there was a full attendance
of magistrates from the neighbourhood.
Mr. Mitchell, in whose service the deceased had
been, was taken into custody, and brought before
the Bench. Mr. J. 0. Griffits, barrister-at-law
(instructed by Mr. Lediard), was retained to watch
the case on behalf of the accused.
After some preliminary proceedings the following
evidence was taken :
Elizabeth Clarke, of Crown-place, Reading, stated
that the deceased was her niece. 'I he last time she
saw her she was in good health. The deceased lived
with Mr. Sharpe, draper, Minster-street, Reading,
for a year, and she left there to go to Mr. Mitchell's,
at Henley, five months ago, being at the time in
good health.
Martha Clarke, stepmother of the deceased, was
next examined, and she appeared much affected at
the sad end of her daughter-in-law. She stated
that about three or four years ago the deceased was
at home for two or three months, being unwell, but
since then she bad been in good health, and kept
out in her situations. The last time she saw her
she was in as good a state of health as a person
could wish to be.
Ann Godby, the wife of a letter-carrier, deposed
that she frequently passed Mr. Mitchell's house,
and for a time delivered milk there, but never saw
the deceased, although she always took the mi3k of
her, the wall in front of the house being too high
to admit of their seeing each other. She always
handed the milk up to the deceased. On Eeveral
occasions, at the request of the deceased, she had
purchased penny loaves for her, and passed them
over the wall to her, but she could not see her on
vt the neigut, uf Lne wall. one saw tne
deceased once after Christmas, and she looked very
bad.

JANUARY 17.

After the despatch of yesterday's parcel Morgan
Beddow, an assistant-fireman was called, and his
evidence carried the inspection of the third and
fourth east districts to within two hours and a half
of the time of the explosion. He descended with
the men to work between five and six o'clock in the
morning, and went his rounds in the ordinary man-
ner. It was close upon seven o'clock when he visited
Sage's stall (where the " blower" is supposed to
have come off), and at that time there was not the
slightest indication of fire-damp there. Beddow
was in the pit when she fired (in miner's language
a'pit is always feminine), and in all probability he
owed his life to a quarrel with his father, who is a
head fireman on duty during the day. After finish-
ing his rounds he met the old man at the bottom of
the slope, who asked him to go with him" a-dial-
ing"—i.e,, surveying. Young Beddow, however, as
it was Saturday, wanted to get away early for an
afternoon's amusement in Newport, and refused,
on which the father got angry, and bade him get
out of the pit:as fast as he could. They had parted
about five minutes, and young Beddow was just
going up the slope to the bottom of the shaft for
the purpose of ascending' when the explosion took
place. He was thrown forward some yards by its
force, though not seriously injured, but the old
man who had gone forward into the workings was
killed. Beddow was also !examined as to the state
of the " goaves," which he maintained were firmly
packed in; and as to the " rippings" behind
Sage's stall, the open space thus formed he said
had closed up by the squeezing together of the roof
and flour. He had that morning tried for gas there
as far as it was possible to get in, but there was
none. The ventilation of his district was very good
that morning.

This morning Mr. Phillpotts, the manager
of the company, was called and examined at
great length, but, as he did not interfere in
any way with the underground management, his
evidence threw no new light upon the causes of the
accident. Mr. Harrison, the viewer, had power, he
said, to carry on the underground operations ac.
cording to his own ideas, but, of course, he would
not have power to undertake any extraordinary
outlay, such as sinking a new shaft, or placing a
furnace, without consulting him. The ventilating
machine was set up at his recommendation, after
consulting Mr. Dobson, an eminent engineer of the
neighbourhood, who made a report on the best
means of developing the resources of the colliery.
In that report Mr. Phillpotts allowed it was recom-
Mended to sink a shaft to the deep workings, for the
purpose of making a new colliery of the affair,
which, when connected with the old workings,
would greatly improve the ventilation. This, how-
ever, would have taken some years to do. All Mr.
Harrison's requirements, he asserted, had been car-
ried out, nor had he ever refused to give effect to
any of his recommendations on account of expense.
He himself had had no experience of underground
workings. Of course there had occasionally been
gas present in the mine, but he had never heard of
lamps getting redhot, or of the men being obliged
to put them in the windways to coca them.

to say what was the cause of death without know-
ing more of her previous history, but the appear-
ance of the body was consistent with the hypothesis
that the deceased died from starvation. The symp-
toms mentioned, as far as he knew, were consistent
with death from starvation.

By the Chairman—Although the deceased told
him at Mr. Mitchell's that she had plenty of food,
yet if he had accompanied her to the workhouse
and seen her eat her food with zest, he should have
doubted the truth of her statement.

Mr. G. Dranesfield Brown, surgeon, was also
examined. He stated that he assisted in the post
mortem examination, and quite concurred in the
conclusions:of Mr. Jeston. There was no disease
sufficient to account for the death. In his judge
ment death was the result of starvation.

James Sumner, a shoemaker, dsposed that he was
in the habit of going to Mr. Mitchell's house. Some
one else came with the deceased to the gate, which
was fastened on the inside. On the 2d of January
he saw the deceased, and she appeared to be in a
very weak state. She tried to unfasten the gate,
but could not succeed. He particularly observed
her to be in an extremely weak state.
William Cobbett, another person who had fre-
quently gone to the house, was called, and gave
similar testimony.
Mr. Griffits, having learnt that it was the inten-
tion of the bench to send the case before a jury for
trial, said he should reserve his defence.
The Chairman said, from the evidence adduced
they had no alternative but to send the case before
a jury, and Mr. Mitchell would therefore be com-
mitted to Oxford Gaol for trial at the ensuing Lent
assizes.

Application was made for bail, and the Bench
stated that they would accept bail, Mr. Mitchell in
the sum of £2OO and two sureties at £lOO each.

The inquiry lasted six hours, and during the
whole of that time the Town-hall was densely
crowded. The remains of the poor girl were in-
terred in the afternoon of the same day in the
ground adjoining the parish church, and a large
crowd followed the corpse and were present at the
funeral.

LA JP INTELLIG LANCE.—Jan. 17.

COURT OF COMMON PLEAS.
Sittings in Nisi Prius in Middlesex.

(Before Mr. Justice Byles and a Common Jury
STEWART V. EIRCII.-SINGULAR PLEADINGS.

The plaintiff, Miss Stewart, sued the defendant,
Dr. Birch, to recover damages, and both parties
appeared in person. Miss Stewart was about to
address the jury when his lordship interrupted her
by saying that the record was a very singular one,
and he could not understand it ; the best way
would probably be to have it read.
Mr. Jones (the associate's chief clerk) accordingly
read the document, which was in these terms :
"I, Ann Anna Maria Stewart Stewart (of Stewart), late
of 9, Ann's-place, Sloane-street, Chelsea, S.W., plaintiff,
sue Scholes Butler Birch, the defendant, of Kensington-
gore Lodge, and 217, Piccadilly, (in the parish of Chelsea) ;
who has been summoned to answer me, and to enter an
appearance within eight days at the office of the Court of
Common Pleas, Chancery-lane, for that the defendant
heretofore, to wit, on the '23d day of Sept.? 1860 (and may
be previously) did publish of and concerning the plaintiff
that she was "basterdie maniacal," being a false and scan-
' dalcus libel, the defendant having addressed the plaintiff
as "illegitimate" re and issued judgment; the above
organised and acted out against the plaintiff, who has
suffered special damage as follows :—The special damage
was alleged in this way. Administratrix of three wills of
plaintiff's father's, mother's, and uncles, having suffered
under leaving and leaving, and leaving, three lodging-
houses ejected from by defendant's medical orders.
"In these licensed lodgings treated as if lunatic in a
private house. Threat If the plaintiff succeeded in getting
(as her right, a private house, he, the medical man, would
take the credit of it;' the plaintiff deprived of money in
hand and in command.
" The defendant having been called in as a private physi-
cian to Mary Stewart, the plaintiff's sister, he threw her
and the plaintiff on the public under the alluded to
scandal. By means of the said scandal of the defendant,
Dr. Birch, the plaintiff had been greatly injured in her good
name, fame, and credit, and brought into public scandal,
infamy, and disgrace, and the plaintiff has been, and is, by
means of the premises otherwise greatly injured and damni-
fied to the damage of the plaintiff, £ s. d., and therefore
the plaintiff brings suit, claiming unliquidated damages
from the defendant Dr. Scholes Birch.
" Signed by A. A. M. S. STEWART.
" To Dr. Scholes Butler Birch, 184, Sloane-street,
Chelsea S.W., 20th Dec., 1860.
" N.B.—lf within eight days the defendant does not
plead the plaintiff can sign judgment."
To this the defendant pleaded :
" In reply to the extraordinary charge of scandal brought
against me by A. A. M. S. Stewart, I, Dr. Scholes Butler
Birch, have merely to express my extreme surprise that Miss
A. A. M. S. Stewart should have entertained such an ima-
ginary idea without even a shadow of foundation • it ap-
pears, therefore, unnecessary for me to add that I give a
most unconditional denial to the charge, and that I cannot
conceive what motives have induced Miss A. A. M. S.
Stewart to subject me to annoyance and inconvenience.
" I am at present from home, but shall be returning very
shortly. If Miss A. A. M. S. Stewart wishes to withdraw
from the course which she appears to have decided upon
Dr. Birch will be at Gore Lodge, his residence, on and after
Monday next. the 31st peceraber,
" SCROLES !SUTLER BIRCH, M.D."
"The plaintiff joins issue on tho defendant's plea, there..
fore let a jury come."
Miss Stewart then addressed the jury, making
several disconnected statements in reference to the
defendant.
Mr. Justice Byles said, as far as, he understood,
Dr. Birch was charged with publishing a libel, but
there was no writing. The best thing was for
plaintiff to be non-suited, but if she insisted upon
going to the jury, he must direct them to find for
the defendant. Perhaps the defendant would con-
sent to put an end to tne matter at once, it would
save the plaintiff expense.
Miss Stewart said she could draw on the treasury
for the expenses.

Frederick Brooker, a carter, stated that during
the last harvest he was in the habit of daily carry-
ing milk to Mr. Mitchell's house. He did not
know the servant girl, as he was accustomed to give
her the milk over the wall. He never went beyond
the gate. By her desire he had frequently bought
her penny loaves, and given them to her over the
Mr. J. W. Jeston, surgeon, examined—On Satur-
day, the sth inst., he was called in to see the
deceased about eleven o'clock in the forenoon. He
found her exhausted and very much emaciated. He
asked her if she had had plenty of food, and she
replied, " Plenty." She said she was suffering great
pain. He examined her and found her extremely
emaciated. Her skin was brown, and still dirty
underneath. The extremities of both great toes
were black and also four others ; they were black
from mortification and frost-bitten. There were
also several blisters on the soles of her feet. On
the forehead was a contusion as if from a blow or a
fall. Her mind was collected, and she rationally
answered all the questions which he put to her.
She complained of extreme debility. Her body
presented the appearance of having suffered from
the want of food. (Sensation.) He ordered that
wine, arrowroot, and gruel should be given to her.
On Tuesday he found her worse, and that she was
not likely to live 24 hours. He never saw any
human being so much emaciated as the deceased.
He quite expected the delirium. _Delirium fre-
quently takes place from suffering from want of
food. His impression was that the deceased was
in a state of starvation when he first saw her.
He made a post mortem examination of the
body on Friday last, at two o'clock. He found
the body extremely emaciated. The convexity
of the spine appeared pressing on the abdomen.
Four toes on the right foot and two on the left
were in a state of gangrene or mortification. The
brain and the body were both healthy; the right
lung was partly adhering to the wall of the chest,
apparently from some previous attack of pleurisy.
The upper part of the intestines were partly filled,
apparently with food, like gruel and wine. The
lower extremities of them were in a state of semi-
transparency. The liver was dark and congested.
The gall bladder was full of bile, having the natural
appearances. The body was perfectly free from
disease. He did not believe that the diseases re-
ferred to were sufficient to cause death. In his
judgment he could not attribute her death to any
other cause than a long continuance of the want of
food and nourishment. (Sensation.)
Cross-examined by Mr. Griffith—He did not form
the opinion that the deceased suffered from starva-
tion so much from his first seeing her as from the
examination of her body. He did not know from
his experience that persons who had died appa-
rently from starvation had the same appearances as
those dying from food not assimilating with the
system. He neverheard of such cases coming on in
so short a period of time. He relied on Mr. Mit-
chell's statement, who was a medical man, as to the
time she was taken with such debility. When he
formed that opinion he had not seen Mr. Mitchell.
He came to that opinion from her appearance, the
answers which she gave to him, and the report
made to him by the nurse of the avidity with
which she took her food. The length of time
had nothing to do with his opinion, He never
before made a post mortem examination of a
person known to have died from starva-
tion. Tie gained his knowledge of such cases COURT OF EXCHEQUER.
from reading. His authorities were the Lancet, Sittings in Banco, before the Lord Chief Baron,
Professor Taylor, and general reading. The signs ' and Barons Martin, Bramwell, and Wilde.)
of death by starvation are extreme pellucidity of
the intestines, almost amounting to transparency, ESCOMBE AND ANOTHER V. HEUGH AND ANOTHER,
frequently to discolouration of the skin, delirium,
Mr. Baron Martin delivered the judgment of their
At the sitting of the Court this morning,
and all the internal organs appearing healthy; ex-
treme emaciation is also present. He never attended lordships in this case, argued yesterday. It was a
the post mortem examination of a person who had
demurrer to a plea in an action brought against the
died through food not having assimilated with the
defendants, ship and insurance brokers at Man-
system. He did not believe that the skin would be cheater, who had, through their agents, Messrs.
discoloured in such a case. It was likely that the Lingard and Co., entered into an agreement with
intestines would have been much the same. Look- the plaintiffs to ship certain goods on board the
ing at the state of all the organs, he came to the Warrior Queen for Calcutta, which was to sail on
conclusion that the deceased died from starvation, a specified date. The question turned on the mean-
By the Chairman—A great many more cases ing of a letter written by the agents of the defend-
happen of death from starvation than through food ants—whether this letter involved a guarantee that
not assimilating with the system. The latter cases the vessel would sail on a certain date. The de-
were rare. He could not come to a determination fendants had demurred to this plea, and the Court
until he had made an internal examination. was of opinion that the demurrer was good, and
Wasting away was called atrophy; but that was that the defendants were entitled to judgment.
the result of some disease, and not a disease itself. Judgment accordingly.
Mr. A. D'Oyley Brooks, surgeon, stated that he (Sittings at Nisi Prius, before Mr. Baron Bram-
concurred with Mr. Jeston's evidence, with the well and Common Juries.)
HAYTER V. KILPIN—BILLS OF EXCHANGE. LONDOS : Panted and Published by 31IIRDO YOUNG, of
exception that he did not think that the toes were
No. 112, Strand, Printer, at THE Sux Office, No.ll2,Strand,
in a state of gangrene. There was no organic dis- This was an action to re in the Precinct of the Savoy, in the County ouniddiens
fficient to 40001111 t for death. He was einAtirlei et exchange for AiQ
cover the value of three
ease eu
0, and 420 IQ6I Fri vi ialmuo 160.

Dr. Birch said he was ready to adopt the sugges•
tion if the plaintiff would promise to abstain from
annoying him.
Miss Stewart, in an excited manner, addressed
Dr. Birch, saying that she could call God to wit-
ness that though she did not see him do it he had
written what she had stated; and she hoped God's

judgment would fall on him. Her sister could
confirm her.
The sister eagerly answered in the affirmative.
Mr. Justice Byles was about directing a verdict
for the defendant, when the plaintiff, acting on an
intimation that he was ready to hear anything
wh;ch could be proved, said she would call a
witness.

Mary Ann Lawford, a servant girl, was accord-
ingly sworn, and the first question the plaintiff
asked was this :—" When I was at 46, Ann's-place,
and my sister and I complained each morning, for
two or three mornings in succession, that instead
of being refreshed with rest there was pain in our
spines, do you remember what your remarks to us
were about the doctor ?"

Mr. Justice Byles said the question could not be
put, for it referred to what passed about the defen-
dant behind his back ; and having given a similar
decision as to several other questions, he said that
he should direct a nonsuit, and then if the plaintiff
had any complaint against Dr. Birch she could
come again.
Miss Stewart said it was her wish to come again
against Dr. Birch.
A nonsuit was entered.

Miss Stewart having in vain sought to induce the
judge to advise her as to her future course, left the
court, saying that she had been to six lawyers, and
the law was set against her.

LEADER AND ANOVIER V. RHYS.-LOAN OF
PIANOS.

The plaintiffs in this case, Messrs. Leader and
Cock, the musicsellers and publishers of New Bond-
street, sued to recover a sum claimed for the hire of
two pianos lent to Captain Horton Rhys during
his entertainment, and also claiming damages for
detention of the instruments. The defendant paid
£6 108. 6d. into court.

Mr. Sergeant Parry and Mr. Kelly appeared for
:he plaintiffs, and Mr. Collier for the defendant.

Statements were made pro and con, and it ap-
peared that the action was brought on the 10th of
December last, and the instruments were delivered
up on the 31st. It was admitted that the sum
paid into court covered the claim for hire down to
the time when the action was brought, but it was
disputed whether the sum paid in liquidated every-
thing due on that account.

Along discussion ensued upon technical points,
but the result was that a verdict should be entered
for the plaintiff—damages