The Sun.
London, England, 1857-08-17 00:00:00

damage to any other portion of the Castle. One of !
the trees in the Home-park nearly opposite the re-
sidence of the Duchess of Kent, was struck by the
lightning and stripped of a considerable portion of
bark. An elderly female, named Wilkins, was
found dead in her bed on Friday morning ; her
death is supposed to have been occasioned by
fright at the violence of the storm.
At Thorpe, the lightning struck a barn belong-
ing to Mr. Joseph Taylor, causing great destruction
of farm property and produce.
At R-ading the storm was equally terrific and
destructive ; the lightning struck the engine-house
at Messrs. Barratt, Exall, and Co.'s.

a narrow escape. Hanover cotton-mills, at Buxton-
street, were flooded to a depth of 17 feet in the
boiler-hclise, and of 5 feet in the throstle-room.
At Mr. Thomas Chester's brewery, Stove-street,
33 pockets of hops were immersed, 37 puncheons
of ale destroyed, and a portion of the building da-
maged. The loss is estimated at about 7501. At
some cottages in this street not only the cellars but
first story rooms were under water, the flood en-
tering the bed-rooms. Mr. Stone, of the Bridge
Inn, had his stables flooded and one of his horses
was drowned. Mr. Crabtree, dyer, also lost a
horse in a similar way. Among others who suf-
fered serious damage in the same neighbourhood
are Messrs. Tennat and Co., manufacturing che-
mists ; Mr. Simister, confectioner ; Mr. Arnold,
grocer ; Mr. Ridings, innkeeper (Royal Oak) ;
Messrs. T. Cunliffe and Sons, printers ; Messrs.
W. Andrews and Co., dressers and dyers ; Messrs.
Wren and Hopkinson, engineers ; Messrs. New-
ton and Co., dyers ; Mr. James Donaldson,
dyer ; Mr. W. Brigham, iron works ; Mr. J.
Kearney, Messrs. J. P. Westhead and Co., Mr. S.
Potts, Mr. Marsland, spinner ; and Messrs. Ram-
sey and Co. On the Irwell the river had inundated
the works of Messrs. Lockett, Sons, and Leake,
engravers ; of Mr. Muir, machine maker ; Mr.
Harding, cotton spinner ; and Mr. De Bergue,
machine maker. The total rise in the Irwell, above
the usual water level, was about 15 feet. It is feared
that considerable losses have been sustained up the
stream, as large quantities of timber, a cow, pigs,
and some household furniture, were seen floating
down the river. The rivers Etherow and Mersey,
from Dinting to Stockport, and down in the agri-
cultural portions of Cheshire, were much flooded,
and crops of corn and other produce on the banks
of the Mersey will have suffered much damage.
The house of Mrs. Ovy, 17, Clarence-street, Chorl-
ton-upon-Medlock, was struck by lightning on Fri-
day night, and set on fire, but the property was
saved with trifling damage.
A letter from Stowe, in Lincolnshire, states that
on Thursday, during a thunder storm, stacks of
corn were set on fire by the lightning ; and in one
instance a field of standing corn was also set on fire
by lightning and destroyed.
The West Riding of Yorkshire was visited on Fri-
' day night with a terrific storm of thunder and light-
ning, causing great destruction to property, and
which unhappily, did not terminate without loss of
life. A house at Morley, nearly opposite to the
railway station, was completely washed away by
the flood, and at Saddleworth a great portion of
the towing-path connected with the canal was
washed away. The Standedge Tunnel, the property
of the London and North-Western Railway Com-
pany, which is nearly three miles in length, was for
some time three feet deep in water, causing great
delay to the mail train to Manchester and Crewe.
At Marsden two bridges, one built of iron and the

French piece was read to me by Mr. Payne, but I
swear I never saw the defendant's work before
I wrote my own. The incidents and characters in
our piece aro different from those in the FL each.
There was a suffocating by charcoal scene, a pistol
so Ne, and a supper scene, and a double scene on
the stage in the Frepch piece, and so there are in
ours, but the incidents are differently managed.
Mr. James—The first act ends, I believe, by one
of the characters, Ravenstone, being handcuffed
by the police as the drop falls, and then there is a
tableau. That, of course, is not in the French
original ?
Witness—Certainly not. (A laugh.)
Mr. James—Awl at the conclusion of your piece,
Martha, another of the characters, addresses the
audience, and says, "May we, with your permis-
sion, say all right, and reckon on a repeat to-mor-
row night." (Much laughter.) That is, of course,
also " original."
Witness—That was not in the French piece. He
went on to say that the title of Mr. Reede's piece
was Poverty and _Pride, and Mr. Payne gave their
piece the title of The Pride of Poverty ; or, the
Real Poor of London.
Cross-examination—Poisoning by charcoal was a
very common incident of a play, not only in France
but at the Strand Theatre. (A laugh.)
Mr. James—l believe another " incident" in
your play is where Ravenstone stuffs a table-
cloth into a hole in the partition to keep the
draught out, and at the same time says there is
enough wind to blow a man's teeth down his throat.
(Laughter.) That, I suppose, is another original
feature, and was not in the French piece.
Witness.—lt is not in the French piece.
In answer to further questions put by Mr. James,
the witness said that one or two of the incidents in
his play were similar to those in the French, but he
considered the general character of the piece was so
altered that it might fairly ba considered an origi-
nal production.
Mr. James.—l see that while the charcoal officer
is going on on one side, Ravenstone, who is on the
other, the stage being divided and forming two
scenes, seems to be more sensible, for he says he
shall have his supper and proceeds to eat 4 ounces
of boiled beef. (A laugh.)
Mr. Chambers.—There is no "bouilli" intro-
, duced in the original piece. (A laugh.)

The witness then said that' there was a fraudu-
lent banker in his piece, and so there was in the
French.

Mr. James.-:,-The only difference being that in
your piece he is a " British Bank"—er.
Witness.--Exactly so.
Mr. B. Barnett deposed that he was the joint ,
author of the piece in question, with Mr. Johnstone.
He understood the French language perfectly, and
his attention was attracted to the French piece
" Les Pauvres de Paris," and he got a copy of it
and read it carefully through, and afterwards read
a rough translation of it to Mr. Payne, and he said
that it was too long, and suggested that witness
and Mr. Johnstone should write a short drama ;
and upon this they wrote the one in question.
They only adopted the main incidents of the
French piece, and introduced altogether new cha-
racters. The comic character of their piece was a
man who sold books in a barrow. In the French
piece a signpainter was the comic personage. He
sail the idea was taken from the French piece, but
he considered that their own piece, notwithstand-
ing, was quite original.
The Chef Baron, at the conclusion of Mr. Bar-
nett's evidence, siid he really thought it was quite
useless to go into anymore evidence. The only ques-
tion was whether the plaintiffs' piece was a piratical
imitation of the other, and this could much more
easily be ascertained by reading over the original
French piece and the two others.
Mr. James said he should submit that the plain-
tiffs had made out no case at all, and that, as they
had not complied with the provisions of the Copy-
right Act, they had no property whatever in the
piece in question, and had no ground of action.
The question was one of considerable importance,
undoubtedly both to English and to foreign authors,
and the defendant, as the authorised agent of the
latter, and who in that capacity had duly registered
his work, was very anxious that the point should
be settled.
The Chief Baron said he wes certainly of opinion
that if the plaintiffs had not registered their work
they had no legal property in it, and had no ground
for sustaining the present action.
Mr. Chambers said that this was a question of
law which he should wish to have settled.
The learned counsel on both sides then conferred
together, and the result was that an arrangement
was come to tint the plaintiffs should be nonsuited,
but with the understanding that all the facts and
the question of law should undergo further consi-
deration, and if the result should be in favour of
the plaintiffs the nonsuit was to be set aside, and
the Court would be empowered to assess the dam-
age sustained by them.

other of wood, were destroyed, as also a great num-
ber of cattle ; and much damage was done to the
mills, the lower stories of some being completely
filled with water. At Milnesbridge, near Hudders-
field, several mills and houses were flooded, and a
bridge over the river was torn up to the foundation,
and not a vestige of it now remains. Messrs. Wal-
ker and Sons, dyers, had their premises deluged by
the overflo wing ofthe canal, and 150 pieces ofvaluable
mohair clothes swept were away, and great damage
also done to the premises and works, estimated at
upwards of 1,0001. The premises of Mr. W. Ar-
nold, boiler maker, were also completely inundated,
and much damage done, large iron boiler flues,
weighing 30 cwt., being carried away. The foun-
dation of the gasometer was completely twisted
round by the force of the current. The damage at
these works will be several hundred pounds. Seve-
ral cottages, too, in the neighbourhood were so
filled with water that the inmates were nearly
swimming in their beds, and on the doors being
opened their goods were washed away. At Holm-
firth the inhabitants, or many of them at least,
passed the night in the streets, having learnt such
a lesson in 1852 that they were afraid to go to bed.
The damage done there, however is comparatively
small. A portion of the Lancashire and Yorkshire
Railway, between Brockholes and Honley, was ren-
dered impassable, and many mills in the Holme
valley were flooded and the machinery therein
greatly damaged. At Folly-hall, Huddersfield, the
river overflowed its banks, and Kaye's factory and
the adjoining houses were flooded to the depth of
several feet, leavira6 a thick deposit of mud and
sand in the roads. A short distance lower down
the river, at King's-mill, a smith and carpenter's
shop was washed down, and still lower down two
large bridges were swept away by the madly on-
ward-rushing torrent. Lower down the river
widens considerably, consequently the water had
less force, but for a considerable distance on each
side the fields present an appearance of one solid
mass of water. At Farnley, a village about three
miles distant from Huddersfield, a woman named
Betsy Farrand, who was housekeeper to Mr. Edwd.
Roberts, of Storthes-moor-house, was struck by the
electric fluid ou Friday night, and was killed white
she was sitting sewing in a chair. The river ilohne
subsided. as rapidly as it overflowed, and strangers
would be at a loss to conceive the possibility so
small a stream having inflicted so mrt..l damage on
this locality. From nine o'clock in the evening the
rain came down in torrents, accompanied by heavy
thunder and vivid flashes of ligh,ning, and conti-
nued without intermission until 4 or 5 o'clock the
following morning. There had also been much rain
during the week, an I the rivers and streams had
been much swollen in consequence. Never since
the Holm6rth flood has there been so much damage
done, and oven then it was less extensive in many
places than now.
On Thursday and Fridaylast the town and county
of Derby were visited by the most violent and
destructive thunderstorms that have occurred for
many years. On the Little Chester road, about a
mile from Derby market place, the houses were ex-
tensively flooded, and the turnpike for a mile was
at least a yard deep in water, and being market day
i at Derby great inconvenience was consequently si.t-
tallied. On the Nottingham road leading out of
Derby the flood was a!so very high. But the
greatest injury done is that occasioned to the wheat
crop, some hundreds of acres being under water.
On the banks of the Trent and Dove the damage is
very serious, while lamps, sheep, and other live
stock have been swept away. The oats generally
were gathered, but the wheat harvest had scarcely
commenced. The effect on the Derby corn-market
was a rise of 3s. a-quarter. On Friday evening
another storm commenced about 8 o'clock, and con-
tinued until 11, the rain again descending heavily;
in consequence of this there was little abatement of
the flood during Saturday. Many of the local lines
out of Derby were blocked. At Sutton, near
Mansfield, a culvert burst, and blocked both lines

NORTHERN CIRCUIT.-LIVERPOOL, AWL 14.

THE CROWN COURT.
(Before Mr. Baron Watson.)
James Davies was indicted for the wilful murder
of Robert RJuies at Liverpool on the 23th of May
last.

Mr. Blair appeared fur the prosecution, and Mr.
Aspinall for the defence of the prisoner.
It appeared from the statement of the learned
counsel for the prosecution and from the evidence
adduced that the prisoner is a tailor by trade, and
resided at No. 3 Court in Bostock-street, Liver-
pool. On the night of the 25th of May last the pri-
soner entered a public-house in Scotland-road,
drunk and in an excited state, and asked a man
named Robert Hodson to go down with him to his
house, as there was a man in bed with his wife,
and he would show him (Hodson) sotne fun. Hod-
son went with him and on arriving at the prisoner's
his wife was found sitting on a chair in the lower
ro )na. The deceased then struck and abused his
wife, and asked Hodson to go upstairs with him.
He followed the prisoner into a room upstairs in
which there was a bed. No .one was in the room,
and the prisoner looked under the bed and said he
was in the house somewhere. The bedclothes were
tumbled. They then went into the garret and
found the deceased there, lying on a bed on the
floor, apparentlyasleep, with his clothes on. The
jumped on
prisoner said, "The -- is here," and ran and
thedeceased's face. The deceased
turned and fell on the floor. The prisoner then
took from his pocket a pair of scissors and shoved
them into the side of the deceased, who made no
did rot speak. Hodson asked the
meant to kill the man, and the pri-
" Stand back, or I will serve you
srpoersni siesotrnacenrrceidf ahoneudt
the same." The prisoner then weat down stairs,
and Hodson went fur Dr. Horrocks, with whom
he returned immediately. The deceased was then
him two wounds were found in the
ofg his left breast, and also some dying and unable to speak, and died in ten minutes.
Ouionoserxapmaritnin
con-
tused wounds on his face. On a post mortem ex-
amination the aorta was found to be perforated in
two places, and the deceased bad died from loss of
blood. There were other two wounds, which
penetrated the chest. The examination of the
body of the deceased showed that he had had re-
cent connexion with a woman.
His lordship, in summing up the evidence, called
jury to the law as laid down
that a man killing another
thecbayu theghattt ei
tine tx
to
ellwaorcitfteotrhfseadultery with his wife was not
murder, but manslaughter in the lowest degree,
and it was for them to say whether the circum-
stances of this case warranted such finding.
The jury found the prisoner guilty of man-
slaughter of the lowest degree.
His Lordship sentenced the prisoner to four
days' imprisonment.
Hannah Smith, single woman, 44 years of age,
was indicted for the murder of her infant child.

for many hours. At Fickerton, on the Lincoln
line, the road was for about two miles completely
under water, and the sleepers were washed from
under the rails. On the North Stafford line the
water washed about 100 yards of lino away at Hare-
castle. The Ripley branch of the Midland Rail-
way was almost wholly submerged, and great
damage was sustAinel The flood continued very
high throughout Saturday.
The town and country round Whitchurch, Salop,
were on Fliday mlrning the scene of one of he
most terrific storms of thunder and rain known in
these parts for many years. The weather for the
we:k had been of a nature to puzzle its observers,

who have been totally unable to explain its move-
ments on any known principles of meteorology.
Town of Whitchurch stands in a hollow, with the
land gently rising on all sides of it, the Bickerton
hills being some 10 miles distant, and the Welsh

The jury acquitted the prisoner on the ground of
insanity, and she was ordered to be detained during
her Majesty's pleasure.
AUGUST 15. •
CIVIL COURT.—(Before Mr. Baron Channel].)
WOOD V. GARSIDE.
This was an action for breach of promise of mar-
riage. The defendant pleaded that he did not
promise.
Mr. Monck, Q.C., and Mr. Ovens appeared for
the plaintiff ; and Mr. Hill, Q. 0., and Mr. Spinks
for the defendant.
It appeared from the opening statement of the
learned counsel for the plaintiff that the plaintiff
waa a farmer's daughter of Old-dame, in Saddle-
worth, near Oldham, and that the defendant is a
master dyer of Saddleworth. The plaintiff is a
person in a humble station of life, about 21 years
of age, an,' at the timo the defendant became ac•
quainted with her she was a person of rare personal
beauty. Her father was some time ago a farmer,
'
having some laud and keeping cattle .blit he be-
came reduced in circumstances, and his children
were under the necessity of going out to earn their
own living. At an early age the plaintiff was under
the necessity of going to the place of business of the
defendant, who is in a superior station of life, for
the purpose of taking dinners to her brothers and
sisters, who worked at the manufactory at Saddle-
worth. The defendant carried on a business of
considerable extent there. Ho was of considerably
greater age than the plaintiff, and when the ac-
quaintance first commenced she was about 17, and
he was upwards of 30. He Manifested great anxiety
to win the affections of the plaintiff, and she re-
ceived his advances with much coyness. Both to
her mother, her father, and other relations he had
over and over again avowed his deep attachment.
He was told there was a disproportion in their years
and a dispropor ion in their fortunes—that the
marriage would not be a suitable one On his part,

THE SUN, BONBON, MONDAY EVENING Aucxsr 17, 1857

and that he had better abstain. He stated that he

had. fixed his affections firmly and strongly upon her,
and that he could not live without her. On one oc-

casion he spoke of building a house for her in any
style she chose, and for a long period o► time he was
most assiduous in his attentions, and even resorted
to ingenious expedients for the purpose o'obiaiuing
access to her. He at length succeeded in his at-
tentions and removed her reluctance, and no doubt
her affections were given to him, for shortly after
she give birth to a child. In the condition of
misery and disgrace to which she was reduced her
father went to the defendant and told him his
daughter was fretting lvraelf very much, and the
defendant said, "I don't mein to do anything ; I
have had all I wanted." The father told him ho
was a scoundrel, and then left him. These were
the whole facts of the case.

Names of
Companies.

These facts having been proved by the plaintiff's
mother, a witness named Solomon Coates proved
that ho was the cousin of the plaintiff, and had
known Garside for more than 20 years. He is a
woollen printer. I have had many transactions
with him. I have a sister named Shaw, who lives
near the place where the defendant resides. I re-
collect one day Mrs. Shaw, her husband, the plain-
tiff, and sister Mary, coming to my house. It was
on a Sunday, and they hid dinner at my house.
After dinner we went out to walk, and met with
Garside near our house. This was the third Sun-
day in August, 1853. Defendant walked along
with me, and be said he had fallen in love with
Miss Wood when she used to visit Shaw's home.
He said she was very shy, and wanted me to speak
to her; but I said I thought it was not an equal
match. He said it was no matter, he would have
her; he had money enough, and he would make
over 1001. a-year to her, and build her house where-
ever she thought proper. At tea, of er the walk,
the defendant paid great attention to Miss Wood,
but she was very shy. I remember their leaving to
go home ; they all went in the same conveyance.
Before going he pressed me to persuade her to listen
to him. In July, 1856, I saw him. The plaintiff
and her sister were with him. He told me he was
very glad she was so altered, and they were going
to be married. He asked me if I could give him
any information how to get married. (Laughter.)
He didn't want it published. I asked his reason ;
he said that as his father was old it might
make 7,0001. or 8,000/. dffference to him.
He talked about going to Gretna-green to be
married ; but I said I didn't understand anything
about that. Mr. White, the sexton of our church,
just then came up, and I said, "This gentle-
man wants to speak to you." I then left them.
A. short time after this Mr. White brought me a
letter, and told me to give it to Garside, which I
did. He read it, and said, "It will be just the
thing." He asked me if I could allow my wife to
reside with the plaintiff in the Isle of Man for 30
days ; it needed that time before they could get
married. I consented, but afterwards he coin-
plained that work lusel come in to prevent his go-
ing. He said they would be married, however,
before Christmas. He wanted me to see an at-
torney who would bind them to be married before
Christmas. I went to Mr. Stranding, but he
laughed at me. I subsequently got a document
from Mr. Stranding, and gave it to the defendant.
John White said—l live at Rochdale, and am
sexton of the parish church. I recollect a Sunday
in August, 1855, and remember being consulted
by Mr. Garside respecting a marriage license. I
asked if they both resided in the parish, and he
said they did, and that they were both of age.
He said he wished to be married to Hannah Wood.
I told him how to get a license. He inquired if
he could he married at Gretna-green, or at the Isle
of Man, as he didn't want his folks to know of it,
as they were very rich. He seemed very serious
in the matter, as they generally are in those mat-
ters. (Laughter.)
Cross-examined by Mr. Hill.—What occupation
were you I
Witness.—l was sexton.
Mr. Hill.—Well, but a sexton is to help people
to get into the grave, not to help to get them
married.
Witness.—But we have to get a population be-
fore we can bury them. (Loud laughter.)
Sarah Winterbottom said she was the sister of
the plaintiff, and the wife of James Winterb Atom,
of Higginshaw. She proved a promise of marriage
by the defendant to the plaintiff, and when witness
said they were very different in age, he said, " Oh,
but money will make that all right, and I'll make
over 1001. a year to her." He refused to leave
the house, and said he must either marry her or no
one else would. He said his heart beat for her
both night and day, and if she would not marry
him he would drown himself.
Cross-examined by Mr. Hill—Her husband kept
the Hare and Hounds. It was a sporting house.
The plaintiff never went to the racing ground, but
served drink in the house.
Giles Wood, the father of the plaintiff, said—ln
1856 I observed my daughter was fretting, and I
went to Mr. Garside. I told him he never came
to see my daughter since her misfortune, for she
had miscarried. He said, " No, I thiuk 1 have
done with her. I'll have nothing more to do with
either her or you." I said, " You are a bonny man
—you are a d— scamp."
Mr. Hill, on behalf of the defendant, addressed/
the jury at considerable length. He asked where
two parties carne into court under such circum-
stances as the plaintiff anal defendant, giving the
plaintiff all the advantage of youth and beauty,
and the manner in which she had been wronged—
what chance had any one of dealing dispassionately
with the case ? The feelings of the jury must of ne-
cessity exercise an influence on the judgment ; but
lie appealed to them calmly to consider all th eir-
cutnstances of the case. He commented on the
singular fact that no evidence had been produced
to show how the plaintiff had passed her time, or
with whom she had consorted between July or
August, 1855, and the time of the miscarriage in
1856 ; and he earnestly called upon the jury to
exercise the utmost amount of caution in coming
to their decision.
His L rdship having minutely summed up the
evidence, the jury returned a verdict for the plain-
tiff—Damages, 3501.

DR ICES OF SHARES.

Prom the Official List.
rUBLISIIED EVERY TUESDAY AND FRIDAY EVENIN

LONDON, FRIDAY, Atm. 14, 1857.
CANALS.

7.1 Dividend'
4 per
TA Annum.

Prico.l

Names of
Companies.

Dividend
per

Annum