The Sun.
London, England, 1857-05-22 00:00:00

city.

THE EXMOUTH.

A court-martial commenced sitting on board the
Victory flag-ship in Portsmouth-harbour yesterday
morning, at 9 o'clock, to try Captain H. Eyres,
C. 8., and Mr. Cavell, the master of her Majesty's
ship Exmouth (screw 91), for getting that ship
ashore on the morning of the 12th instant near the
Lizard.

The court consisted Of—Captain Sir T. Maitland,
C. B.' H.M.S. Excellent (President) ; Captains
Eliot, H.M.S. St. Vincent ; the Hon. F. T. Pel-
ham, H.M.S. Blenheim ; St. Vincent King,H,M. S.
Princess Charlotte ; the Hon. J. Denman, H.M.S.
Victoria and Albert; T. Thomson, H.M.S.
Colossus ; Farquhar, H.M.S. Malacca ; Tarleton,
H. M.S. Eurydice ; Crispin, H. M.S. Fairy ; Mends,
H.M.S. Hastings, and Mr. Hillyer, Deputy Judge-
Advocate of the Fleet.

The circumstances of the accident have alreAdy
been reported. The Exinouth met with a dense fog
after passing the Lizard, and was for some time in
congtderable danger. She was coming home under
sail, and land was discovered at about 9.15 'on the
morning in question. She was put about, but took
the ground forivard, when sails were lowered and
she was taken into deeper water, where the anchor
was let go in seven fathoms. Some damage, of
course, was inflicted on the ship and her machinery
by this accident. _

Lieut. Marriott deposed that he was doing com-
mander's duty .n .the day the ship went on shore.
He producal.the chart—the Admiralty chart—by
which :she was navigated. The position of the ship
had been ascertained at noon on the day prior to
that on which she struck. At 6.30 a.m. the land
was reported to be on the lee quarter, and bearings
were then taken by the master and the officer of
the watch. Generally the officers of the watch
took the observations prescribed by the Admiralty,
but he was not aware that they bad done BO on the
morning of t!ie 12th.
Mr. John Penn, master of the Victory, deposed
to having examined the log of the Exmouth, and
that, according to his reckoning, the track of the
ship was about miles different to that marked
on the ship's chart. When she struck she ought,
according to his reckoning, to have been 20 miles
from the Lizlrd. In his calculations be had made
no allowance for stt of tide or current. The set of
the tides was stronger to thenorthward than to the
southward.

In cross-examination by Mr. Cavell, the witness
said there was _generally a northerly current after
leaving Scilly.
Lieutenant Marriott being recalled, deposed that
he went on deck on the morning of the 12th, at
half-past 8, when there was a thick fog. Soon after
the captain ordered the ship to be put about. The
hands were turned up and the helm put down but
as she went round she took the ground. She shortly
after fell off, but as she did not go ahead the fires
were lighted. Witness was on the morning watch
shortly after five o'clock, but up to half-past 8 saw
no land. There was no cast of any lead got during
that time; and he thdught there were no leadsmen
in the chains. Before they got on shore, however,
the lead was going. The ship was steering south-
east by east to half east up to seven o'clock, when
the course was altered to east. There was a look-
out at the mast-head. The master was on deck and
took bearings at half-past 6 a.m., when the signal-
man reported land in sight. At this time land could
not be seen it three or four miles distance. wit-
ness was not then aware of the position of the ship,
but bad considered she was steering up the channel,
and that she was not near the Liaard.
Lieutenant Theorell, the officer of the watch when
the ship struck, deposed that land was last in sight,
before the ship struck, at 10 minutes past seven,
about 10 miles distant. The lead of the ship was
not hove. The last land they had seen was Land's
End, bearing north. The order given by the cap-
tain as to the steering of the ship was S.E. by E.
half E. Sbe was under the P'aster's charge.
After some further evidence the court adjourned,

LAW INTELLIGENCE.—May 21.

SHERIFFS' COURT.
(Before Mr. Under-Sheriff Burchell.)

REEVES V. CLIFFORD.-DISTRESSING CASE.

This was a writ of inquiry to assess the damages
in an action brought to recover for injury done to
the plaintiff, by the defendaat having thrust a piece
of red hot Vass into her eye. The damages were
laid in the declaration at WU

Mr. Morgan (Humphrey, Son and Morgan); ap-
peared for the plaintiff ; Mr. Metcalfe, thebarrister,
for the defendant.

This was a very distressing case, and it called
forth the sympathy ands commiseration of every
person in court. The plaintiff was a girl under 14
years of age, who sued by her next friend, and the
defendant, James Clifford, was a young man
about 21 years of age, a glassblower in business on
his own account, at No. 5, Greville-street, Hatton-
garden. In September last he was an apprentice
to Mr. Negretti, of Dorriugton-street, and on the
20th of that month, as the poor plaintiff was peep •
ing through the shutter screw-hole, in the wood-
work of the window, the defendant thrust a piece
of red-hot glass through the hole, it penetrated her
left eye, the sight of which is entirely destroyed,
and as at the age of six months she lost the sight of
the other eye, she was rendered totally blind for
life. It appeared that some b %ys had been playing
the mischievous trick of puffing t,loacco smoke
through the hole, and it was urged that the deten-'
dant, thinking that it was one of them looking
through the hole, foolishly and indiscreetly put the
piece of glass through, not intending to do any in-
jury, but there was a square of glass immediately
over the hole, and he could have seen it was a girl
and not one of the boys—although as a jurymtn
remarked, the act would have been quite as bad,
even had it been one of the offending boys. The
girl's mother was a widow, residing at No. 5,
Apollo-court, Fleet street, where she earned a pre-
carious' living by needlework, and at the time
of this occurrence the plaintiff had a place at 9d.
per week and food, to take care of a baby, and
since the mother had been unable to leave her, as
she cried if she even quitted her for a moment. On
the day it occurred she was out with the child, and
her mistress told her to sit down on a step, but
seeing two boys "looking" in front of the window
she went to see what it was about, when she looked
through the hole and instantly the glass was pushed

into her eye. Her screams brought her mistress to
the spot, and she extracted from her eye a sharp-
pointed piece of glass, about an inch long, and the
thickneas of a tobacco pipe, which evidently had
broken off a largo piece. The sight of the eye had
been burnt out. She was taken toa hospital, where
she remained some time. It' was stated by Mr.
Morgan th it the defendant and his father, a pub-
lican, had t eated the matter with great indiffe-
rence, and had refused to make any recompense,
but it was denied. They bad been ready at all
times to make some compensation to any proper
person on the girl's behalf. DX was offered in
court.

Mr. Metcalfe urged that it was impossible to con-
ceive that the defendant could have done such an
act wilfully if he had, he would deserve to be
sent to penal servitude for a long term of years.
None more deeply regretted the sad occurrence
than the defendant himself and his father. He was
not in a position to pay heavy damages, and if the
jury gave a small sum it might be paid for the girl's
benefit ; if they gave a large sum it could not be
paid. It was a case well worthy of admission to the
Asylum for the Blind.
The jury concurred, and hoped the girl would be
admitted.

The Under-Sheriff having shortly summed up,
The jury gave a verdict for 1001.
Mr. Morgan said he would do all he could for
the girl's interest, and they would give a small sum
weekly for he would not go for the amount of the
verdict.

WESTMINSTER COUNTY COURT.
(Before F. Bayley, Esq )
GENERAL TOM THUMB. --NASSETH V. BARNUM.
This was All action brought by the plaint ff, a
foreigner, against the renowned Barnum, the exhi-
bitor of. General. Tom Thumb, at the Prince of
Wales's Bazaar, Regent-street, to recover 101. for a
month's wages, due to him under an engagement
as valet to the General.

Mr. Roberts, solicitor, was for' the defendant,
and the court was crowded to excess to witness the
deportment in his new character of the general,
who had been subpoenaed.
From the statement of the plaintiff, who spoke
tolerably good English, it appeared that in conse-
quence of an advertisement in the Times of the 20th
April, last, requiring, as valet, a person who could
speak French and German, and wag a good hair-
dresser, application to be made at 79, Regent-street,
he repaired thither, and was engaged by the de-
fendant to fulfil the situation at the rate of 101. a
month, and had only been in it three days when he
was suddenly dismissed, at that time 11. being
offered him by Mr. Pearce, the tretsurer, which he
refused, requiring 101., for which he brought the
present act on.
By Mr. Roberts—He was engaged to dress the
general and at his exhibition to transform him as
quickly as possible from a Roman gladiator to Vil-
likens—(laugbter)—but not to run errands. The
general, being called by plaintiff, said, he certainly
was told that the latter had been engaged as his
valet, and being a good linguist, was to have ac-
companied him to the Continent.
Mr. Roberts said that the fact was plaintiff dis-
charged himself, which he should prove by Mr.
Barnum, who deposed that the day he left plaintiff
came very Pit) to his duties. When, on remon-
strating with him he said the place didn't suit him,
and he thought he should leave, witness replied,
" I don't think you do suit, and if T had my will
you should leave in less tjian 30 seconds. Plaintiff,
upon that, said he woud go, and witness telling
him he should be paid for the time he had been
there, took him to the treasury, where he was
offered and refused-11. He had nothing to do with
engagements, which duties devolved on Mr. West,
to whom on plaintiff's applying, he referred him.
Mr. West said he made no permanent engage-
ment with plaintiff, but said if he suited he would
be paid 81. a month.
His Honour was of opinion that plaintiff dis-
charged himself, and gave judgment for defendant,
who handed over to him 1/.