The Sun.
London, England, 1861-08-20 00:00:00

THE SUN, LONDON, TUESDAY EVENING, AUGUST 20, 1861.

a qu4rtlr. About two millions of cubic yards of
concrete will be swallowed up in the concrete etn-
bankment, and the cost of this material will be vgry
nearly one-half of the whole expense of this
northern outfall sewer. A cluster of nine "pug"
mills, similar to those used in grinding the clay
for bricks, are worked by steam-engines, and trucks
placed under each of the mouths of these mills
are loaded with the concrete, which, conveyed
by lines of railway, is deposited to form monster
foundations, solid as stone and enduring as time
itself. With the last of the 340 arches the Thames
is reached. The outfall is at the head of a cascade,
called" The Tumbling Bay," and the sewage will
flow over a series of granite steps or arches, and,
after falling twenty feet, will pass away into the
middle of the river. Instead, however, of being
delivered through the three tall arches, the sewage
will pass into the Thames by nine outlets, each
sewer branching off into three smaller ones. The
arrangement for admitting the sewage into the river
direct from the outfall sewer is, however, only a tem-
porary one. A reservoir capable of containing nine
millions of cubic feet of water will be formed to hold
the sewage supplied du ring the time of low water in
the Thames, and which will only be discharged into
the river at high water, and then at the centre and
bottom of the river, through covered channels buried
under the water, and consequently not exposed
either to the eye or to the atmosphere. When the
reservoir is finally completed the grand cascade at
Tumbling Bay will only be brought into requisi-
tion at the time of heavy storms, and when one or
more of the sewers overflow. A mutual arrange-
ment exists between the three parallel sewers, by
which each of them may give to his neighbour any
surplus of sewage with which it may be charged,
and which it is not able to convey. The system of
sewer reciprocity is selfacting, and when the contents
of a Sewer rises to a certain height it overflows into
the next. The work of the sewers is thus equal ised, and
the storm waters of Hampstead or Highgate may be
apportioned to different parts of the great system of
main drainage. Contracts for different portions of
the main drainage schemes have been already let
by Mr. Bazelgette to the amount of £1,800,000, and
there appears every probability that the whole will
be completed within the £3,000,000 which it was
estimated to cost. The contracts have in every case
been within the sum fixed by the engineers, and this
affords evidence of the care with which the quanti-
ties were taken out by the engineers who advised
the Board of Works, and who were responsible for
the estimates. The building of the outfall sewer is
going on under the superintendence of Mr. Ander-
son, as clerk of the works, and a number of inspec-
tors appointed by the Metropolitan Board. The
high level sewer for Hampstead is completely
finished. The middle level is in the hands of Mr.
Brassey, and, owing to the crowded portions of the
metropolis through which it will pass, arrange-
ments are being made for pushing forward the
works as rapidly as possible when they are once
commenced, in order that the inconvenience to the
public traffic may be as small as possible. The low
level sewer has not yet been commenced, in conse-
quence of the uncertainty as to its route while the
question of the Thames Embankment was under
discussion.

RAILWAY INTELLIGENCE.

LONDON AND NORTH-WESTERN.

The capital account of this company to the 30th
June last shows that the amount received on stock and
shares is £24,605,903, on debentures £10,454,392,
on 31 per cent. debenture stock £312,830, and on
4 per cent. debenture stock £1,435,512, making a
total of £36,808,636, interest and dividends upon
the whole of which are charged to revenue. The ex-
penditure on the main line, stations, and works
amounts to £25,524,196, on carrying stock to
£3,596,846, and on lands and buildings
yielding
.rent to £458,008 ; total, £22,579,050.
To this is added £6,224,286 for lines in which
the company have an interest, and £312,298
for improvement of permanent way, making a
total expenditure of £36,115,632, leaving a
balance of £693,005. The return of working stock
is that there are 926 locomotive engines, 917 ten-
ders, 779 first-class mails and composite carriages,
655 second-class carriages, 476 third-class carriages,
48 travelling post-offices and tenders, 338 horse
boxes, 272 carriage trucks, 335 guards', break, and
parcel vans, 34 parcel carts, trucks, &c., 14,803
goods waggons, 1,417 cattle waggons, 295 sheep
vans, 1,491 coke waggons, 166 carts and lurries,
11,314 sheets and 416 horses. The total charge to
capital, including moveable machinery, tools, &c.,
to 30th June (exclusive of cost of stock transferred
from the Birkenhead Railway), £3,596,846. The
retiewal and improvement of road account shows a
total expenditure of £1,260,026, including £942,369
on revenue account, and £317,656 on capital ac-
count.
The revenue account for the half-year ending
June 30 show, that £2,179,494 had been received,
including £13,843 for interest on cash balances and
calls in arrear, £26,729 for rents of lands and build-
ing, less repairs; £460 for transfer fees, £1,920 for
Huddersfield Canal Traffic (net), and £62,993 for
dividends from 12 companies in which the company
have an interest.
The working charges, including £41,643 for rates
and taxes, and £29,053 for duty on passenger
traffic, amount to £1,074,868. The interest on loans
and debenture stock amounts to £248,431; chief
rents and interest on land purchases, £7,244; ex-
penses connected with Parliamentary and legal pro-
ceedings, £20,000 ; Preston and Wye lease, £4,649;
Buckinghamshire, £24,900 ; Cannock Mineral,
£3,217 ; North Union, £28,079 ; Chester and Holy-
head, guaranteed dividend and interest on loans,
£61,596; Lancaster and Carlisle, dividend and in-
terest, £lOO,BBO ; Kendal and Windermere, £4,197;
Shropshire Union lease, £21,865; Manchester,
Buxton, and Matlock lease, £1,516 ; West London,
£9OO ; Leeds and Rochdale Canal, £1,490 ; Stour
Valley Railway lease, £9,503; Birkenhead Rail-
way lease, £17,740 ; Warrington and Garston lease,
£6,000 ; Stockport, Disley, and Whaleybridge,
£3,285; South Staffordshire agreement, £24,115 ;
Depreciation and Insurance of Steamboats, £7,220 ;
Haydon-square depot interest, £2,180; and renewal
of road, £41,667, making together £640,673, and
leaving a balance of £463,953. To this sum is added
£27,560 from the preceding half year, makin 0. a
disposable balance of £491,513. From this is 'de-
ducted £472,865 for dividends, at the rate of £1
17s. 6d. per cent. for the half-year, and £6,750 for
interest at 5 per cent. per an. on the Coventry and
Nuneaton, leaving a balance of £11,899. It is pro-
posed to make the dividend warrants payable on
Tuesday, the 27th inst. The auditors, Messrs. H.
Crosfield and R. W. Hand, state in their report that
the constantly increasing expenditure for law and
Parliamentary expenses calls for the very serious
attention of the Board. The sum of £20,000, being
double that of the corresponding period, has been
applied towards the liquidation of these expenses.
The auditors deeply regret that the results of the
half year's working are of so unsatisfactory a nature.
They can, however, assure the proprietors that the
revenue account has been fully charged with every
expense which should be brought against it ; and,
having received the usual certificates from the heads
of the various departments, the auditors are satisfied
that the wag and works, &c., have been fully main-
tained, and that the efficiency of the rolling stock
has not only been kept up but increased. During
the past half year 22 engines, 73 carriages, and 147
waggons have been renewed, with larger vehicles,
at the cost of revenue, over and above the execution
of a great amount of repairs, which, in conse-
quence of the severity of last winter, has far ex-
ceeded the ordinary expenditure for that purpose.
The report of the engineer states that the whole
of the land for the Edge-hill and Garston branch
has been purchased, and the works commenced at
several points ; the length of the branch is 41 miles,
and the works are of an easy character. This branch
should be completed in April next. He fully ex-
pects to have the Sutton Coldfield branch, five miles
in length, open for traffic in the ensuing spring.
He is endeavouring to have the viaduct between
Ardwick and London-road station, Manchester,
widened for the passage of trains early in next
spring. Every exertion is being used to insure the
opening of the West London Extension Railway
for the traffic of the International Exhibition of
1862.

to that date. It would require an Act of
mint to dissolve the company; which- would be ob-
tained at the expense of the Ceylon Government.
The usual ordinary meeting would be held in Oc-
tober next, and there world remain between £2,000
and £3,000 in hand.
A vote of thanks to the chairman closed the pro-
ceedings.

ASSIZE INTELLIGENCE,

WESTERN CIRCUIT—BRISTOL, Aug. 19.
.Before Mr. Justice Byles and a Common Jury.)

THE QUEEN V. MATHIAS.

Mr. Karslake, Q.C., Mr. Stone, and Mr. Prideaux
were counsel for the prosecution, and Mr. M. Smith,
Q.C., and Mr. Edlin for the defendant.
This case excited great interest in Bristol. It was
an indictment preferred against a Mr. Mathias for
an assault which he had committed on a lady named
Mais on the 12th of April. There has for years
been a vexed question as to a right of the public to
have a path between Victoria•square and Clifton,
and there have been many kinds of disputes between
Mr. Mathias and the citizens of Bristol. On the
12th of April last Mrs. Mais was passing along this
road, pushing before her a perambulator containing
her child. The defendant was standing there, and
told Mrs. Mais she should not pass with the peram-
bulator. She said she had a right to go that way,
and she should pass on. The defendant insisted
upon it that she should not pass, and placed his
hand upon her shoulder. The lady, however, was
too nimble for him, he being an old gentleman, and
she picked up the perambulator and child, and car-
ried it over the disputed line. A summons was
then obtained against Mr. Mathias for the assault.
The parties went before the magistrates, wbo
thought it was a question of right and directed
these proceedings.
Upon Mrs. Mais being examined, she was asked
if she had preferred the indictment, She said she
did not know much about it. She had seen some-
thing about it in the papers that it was the Queen.
The learned Judge—The lady looked in the
papers, and instead of seeing her own name she saw
that of the Queen.

Mrs. Mais said the perambulator was a very small
one.

The Judge asked if it was in court, " because,"
said he, " by all means let the Court see it."

Other witnesses stated that Bath chairs were
continually driven or pushed along' this road, and
the public had used it from time immemorial.
The Judge said the question would be whether
there was a footway, and whether that being a
footway, authorised the use of the footway by a
perambulator.
Mr. Smith admitted there was a footway, but he
contended that it was only for feet, and not for a
perambulator. The way was four feet wide.
The Judge asked if that was before crinoline or
after ?

Evidence wos given to show that walls had been
built up and had been pulled down. Stop-posts had
at one time been put up. Bath chairs could not go
along when those posts were up. There had been a
wicket gate through which no carriage could pass.
The perambulator was here put upon the table.
It was a little wicker one.
Mr. Karslake asked if Mr. Smith wanted the
baby put into it.
Mr. Smith said he thought the baby and Mrs.
Mais ought to be put in position.
The Judge—You cannot expect Mr. Karslake to
put them in position himself.
The Judge and Court were convulsed with
laughter on the production of this little appur-
tenance, which was about one-sixth of the width of
a lady's crinoline.
Mr. Poole, who had been waywarden in 1530,
had ordered the erection of a dwarf wall near this
spot. There was a wicket gate and an agricultural
gate. _

Mr. Smith submitted that there was no case. It
was plain the assault was committed by the de-
fendant, who thought it was an improper use of
the right. There was at one time a wicket gate,
which showed that Mrs. Mais was using this way
in a manner she had no right to use it. To use it
with carriages, wheelbarrows, or perambulators
was an excess in the use of the right of way.
The Judge asked Mr. Kerslake if he had any
authority on the subject.
Mr. Kerslake said there was a commentary in
" Gale on Easements," on Lord Coke. The public
way arose on dedication ; here was a way four feet
wide, and persons had a right to use it to that ex-
tent. A perambulator was not a carriage, it could

be wheeled on the road or taken up and carried.

Such a user would not be evidence to make it a
carriage road. Perambu:ators were now used
everywhere.
The Judge said he could know that judicially
without proof. He would call back Mrs. Mais—
Have you been in Clifton, Bath, London, Liver-
pool, and other places, and have you seen peram-
bulators in those places?—l have.
Mr. M. Smith said a footway was for persons on
foot, and not for carriages on wheels. By the High-
way Act no person on horseback or in a carriage
should use any footway. What was to be the defi-
nition of a footway but for persons to use it on
foot ? This carriage was not intended to be carried,
but to be wheeled on the ground. Suppose a per-
son drawn into a place by his constituents, that
was not a carriage drawn by bees's of burden.
The Judge said it was a mixed question of law
and fact; could he put it in any way for decision ?
It was a criminal proceeding.
Mr. Kerslake said it might be done by consent.
The Judge—You are not yet Attorney-General,
Mr. Karslake, although I have no doubt you will
be. There must be the consent of the Attorney-
General.
Mr. Smith then addressed the jury for the de-
fendant. They had all heard of great cases. There
was the Queen's case, the Six Carpenters' Case, and
this would go down to posterity as the Great Peram-
bulator Case. Here there had been a dedication of a
footpath, but that was never intended for persons
to use it with carriages, whether carrying babies
or butchers' meat. Where were they to draw the
litre ? There was no English law that authorised
any such use of a footway. This was a basket car-
riage; but supposing they had twins, or if they
should be afflicted by having three at a birth, then
it must be a much larger carriage. If a crinoline
met a perambulator—
The Judge said—Pardon me, the meeting a
perambulator is not so formidable as meeting
another lady.
Mr. Smith confessed that, for his own part, he
would rather meet the lady. This perambulator
question was only the thin edge of the wedge.
Mr. Justice Byles, in summing up, observed that
this was an indictment against Mr. Mathias,
which charged him that he had made an
assault upon Elizabeth Ann Mais, in the peace
of God and of our Lady the Queen then being.
He had pleaded " Not Guilty," which meant that
he had sufficient justification for what he had done.
He had come to the conclusion that it was not a
question for him, but for the jury. Some observa-
tions had been made on Mr. Mathias's conduct. He
did not think he intended to maltreat this lady. It
was imputed only that he was somewhat rude and
, ungallant. If the defendant had a right to prevent
the passage of perambulators it was to be regretted
that he stood so much upon his rights, for in pass-
ing through the world to avoid the angles and cor-
ners of the passages no policy was wiser than for a
man not to stand too strictly upon his rights ; if he
did he would be in hot water all his life. This was
a case involving the mode of using a footway, and
he could see no ground of imputation against the
magistrates, for they represented the whole body
of the community here residing. It was a question
of very great importance, and one that applied to
all the footways in the kingdom. The real question
was this—was the perambulator a vehicle the use
of which would justify the defendant in removing
it ? This perambulator was 141 b. in weight, and
18 inches in width. Had the defendant in remov-
ing it a right to commit any trespass or assault?
He remembered at Salisbury seeing a carriage
drawn by an elephant as wheeler and by a camel
as leader. It might be a question whether an
elephant had a right to parade up and dawn Park-
street, but it might be that the public had no right
to remove it. They had heard of the old riddle,
" What thing is that that goes on four legs in the
morning, on two legs at noon, and on three legs at
night ?" A child first went on four legs, its knees
were its legs ; then we walked upright upon two
legs, and without the aid of a stick; and then, in
the downfall of life, we used a stick, or perhaps two
crutches. A child, then, with its four legs might use
a footpath, so might a man with a. stick or with
crutches. There formerly was a thing which was not
now very cornmon—a child's go-cart; that was a car-
riage on wheels. They might be of opinion that a
child might use that. Then, instead of a child
being pushed along in a standing position, might it
not be pushed along in .a sitting position ? It was I
proved that a perambulator went on wheels, so did
a go-cart. There was the ease of a child drawing
a little cart or a little horse. Might the owner of
the soil prevent their use on the footpath? He
would not undertake to say. It would be a ques-
tion
for the jury. No doubt a woman might carry 1
a child along a footway ; then, might she not put it
in a go-cart or a perambulator.? Now, the real
question he should leave would be this :—Ti-te owner
of the soil might remove anything that encumbered
it, except things which were usually the accompa-
niments of foot passengers, being so small and light
as not to be a nuisance to other passengers or inju-
rious to the soil. It was very difficult to draw the
line. What did they say to the stick a man carried,
or an umbrella, open or shut, or a go-cart, or a
child's horse or cart, or the parcel a man carried ?
The line to be drawn was so fine that he believed
no man in England was wise enough to determine

it. They were to say -,Thich way the should
be. Was a perambulator one of the usual accom-
paniments of a large class of passengers, so light
and so small as not to be a nuisance to other pas-
sengers or injurious to the soil ?
The jury retired for some time, and then were
sent for.

Upon their coming into court they said they were
not agreed upon their verdict.
The Judge—Then, gentlemen, you must again
retire. Ido not intend to discharge you. The par-
ties have come here at a great expense, and have a
right to your verdict. I shall go to Clifton, and if
you decide before dark I will put myself into com-
munication with you on the same to-morrow morn-
ingA.
Juror—Some of the jury object to the word
" nuisance ;" they wish the word explained.
The Judge—l may simply tell you that a nui-
sance to the way is that which prevents the use of
the way by passengers. He would put the matter
in three propositions :—First, were perambulators
the usual accompaniments of a large class -of foot
passengers ? Secondly, was this particular per-
ambulator so small and so light as not to be a
nuisance to other passengers ? Thirdly, was it a
nuisance to the soil ? As he would leave the fact
entirely to them, he supposed they would take the
law entirely from him. If it was such a usual ac-
companiment as he had described, then the defend-
ant had no right to object to it. That was a ques-
tion of law for him, and not for them. They would
now retire.

A Juror—Will your Lordship allow us to have
beds at some inn ?

The Judge—No, gentlemen ; you can have
nothing more than the room affords.
Shortly after 8 o'clock the jury, being unable to
agree, were discharged by consent of both parties,
and the business of the Western Circuit concluded.

NORTHERN CIRCUIT.-LIVERPOOL, Aug. 19.
THE ROYAL EXCHANGE ASSURANCE FORGERIES.

Edward Williamson having been called up for
sentence,
Mr. Edward James, Q,C., addressed his lordship
for the prisoner.
Baron Martin, in passing sentence, reviewed the
principal features in the case, remarking that if the
prisoner had not been an old mad he should have
found it his duty to have imposed a more heavy
punishment than he was about to do. The sentence
was that he be sent to 15 years penal servitude.
The prisoner bowed his head and was led down-
stairs.

AWFUL MATRICIDE IN CAMBRIDGE-
SIIIRE.-ATIEMPTED TRIPLE MURDER.

A cold-blooded murder was perpetrated at Fen
Ditton, a village about three miles from Cambridge,
on Saturday night last. The poor woman who has
thus been hurried into eternity was the widow of a
publican at ' Ditton, who for years kept " The
Plough," at the river side, a house well known to
boating members of the University. On the
decease of her husband, who had acquired a
small competency, and the respect of all who
knew him, Mrs. Harvey retired from the occu-
pancy of the inn and took a house immediately
facing the church, where Mrs. Witts lived with her
in the double capacity of lodger and friend. In this
house Mrs. Harvey met her end at the hands of her
eldest son. As may be supposed, the village was a
scene of great excitement. On Sunday, Mrs. Har-
vey's corpse was lying on a door in the cellar. The
descent into the cellar was by a flight of steps, 17 in
number, and at the foot of them was a pool of blood,
that marked beyond all mistake where the first
fearful assault was committed. Mrs. Witts is at pre-
sent in such a condition as to render it unadvisg ble
to question her.
An inquest was opened yesterday before Mr.
Barlow, coroner for this division of the county, and
the following evidence adduced :
Louisa H. Harvey deposed—l am the wife of
Richard Sturges Harvey, son of the deceased Ann
Harvey, whose body is now lying at her house. I
reside in London, but was visiting at my mother-
in-law's. My address is 7, Queen's-terrace, Dal-
, ston. I came down to Ditton on Saturday week.
I was in deceased's house on Saturday evening be-
tween 8 and 9. I, the deceased, Mrs. IV itts, and
Mr. Shadrach Jacobs were there. We were all in
the back kitchen. The deceased, taking up a ham
from off the kitchen table, said, " I'll take this ham
down into the cellar now." Deceased was accus-
tomed to speak very loud, and did so on Saturday
night. Mrs. Witts said, " Shall I show you a light,
Mrs. Harvey ?" and followed with the candle, Mrs.
Harvey having replied, " You may if you will,
Mrs. Witts." As soon as they started I saw a man
rush from behind the water-tub, just outside the
garden-door ; he entered the house and rushed down
the cellar. I thought it was Thomas Harvey. I
saw him distinctly. Thomas Harvey is a son
of the deceased. I heard a voice say,
" Oh, I've got you now," and directly after a
fearful cry of "Oh !" I said, " Oh, that's Thomas,"
and rushed into the back kitchen, thence into the
street, and called "Murder." Had heard that
Thomas had abused and threatened his mother, and
that the mother's door had been kept locked in con-
sequence. He had been to the house late at night,
and abused and threatened her. Rushed into a pub-
lic-house, close by, and said, " For God's sake com'
in, poor Mrs. Harvey is being murdered." When I
got back there were several people in the house, but
I saw no more of Thomas Harvey. I heard dreadful
screams—a woman's screams—before I left, but
heard no blows struck. I went down towards the
cellar on my return, and saw Mrs. Harvey's body
lying at the bottom of the stairs. Mrs. Witts was
sitting in a chair at the back door, supported by
several persons; she was dreadfully injured on the
head and face. Jacobs was walking in the room, he
was dreadfully wounded in the head. Understood
that Mrs. Harvey was dead when I went back. Was
last hero last year, about August ; there were quar-
rels going on then, They were a dispute with re
gard to a small piece of land near when Thomas
lived. That land belonged to Mrs. Harvey, but
Thomas wanted it, and had taken possession of it
two or three years ago. Thomas was always friendly
towards me, but had threatened to shoot my hus-
band. My husband is in Ditton now. Thomas Har-
vey is a married man with a family. The deceased
Mrs. Harvey was 69 years of age.
Mr. James Carter, surgeon, of the Petty Cury,
Cambridge, deposed minutely to the nature of the
wounds inflicted on the deceased and the injured
persons.
Shadrach Jacobs, brother of the deceased, said
that Thomas's violent conduct had commenced since
his father's death, but he never proceeded further
than words before.
John Peachey deposed—l live at Fen Ditton. On
Saturday night, a little past eight, I saw Thos. Har-
vey in the orchard, walking towards his mother's
house, as though from the Hoiingsea-road. In
about a quarter of an hour or twenty minutes after
I saw Harvey 1 heard the cry of " Murder." It
was from Mrs. Richard Harvey, who came into the
King's Herd, where I and others were. I went to
It the house of deceased and found she had been
murdered.

William Collier said—Hearing the cry of " Mur-
der" on Saturday night, I, Turner, and George
Muggleton went down into the cellar--a candle d
been fetched from Richard Collier's, next door to
deceased's. When we got down we found poor Mrs.
Harvey lying on the bricks, nearly dead, in a pool
of blood. The back of her head was smashed in, and
the back of her right hand cut. She never spoke,
and died in about ten minutes. Have frequently
heard Thomas Harvey say during the last two years
that he would "do away with some of them, and
then make away with himself." He has said that
before as many as from 15 to 20 people.
Thomas Haycock, labourer, having given cor-
roborative evidence,

Richard Sturges Harvey, of Dalston, tailor, said
—I am the brother of Thomas Harvey, and executor
to my father. My father left a piece of garden
ground to my mother for life, and at her death to be
sold, and the proceeds to be divided among all his
children except Thomas. There are seven others.
Thomas had his share left specially under the will,
but he occupied a piece of the land. He had taken
forcible possession of it and dared any one to take
it from him. He always said my father promised
to leave him the whole, but I do not believe it. 1
presume the land was a portion of the occasion of
the quarrel. I believe he thought my father would
die without a will, and that he would have the
whole. I believe he had a spite, because my mother
sent for me and got me to come down and get my
father to make the will. A better mother no man
can have.

The Coroner having carefully summed up,
The jury, without any hesitation, returned a ver-
dict of wilful murder against Thomas Harvey.
At the time our reporter left Ditton (about half-
past three), Mrs. Witts's life was trembling in
,the
balance, she was not expected to live an hour. he
murderer had not been heard of dead or alive,
though the river Cam had been searched and
dragged, and the country scoured by the.police and
other willing aids in various directions.

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