The Sun.
London, England, 1844-12-18 00:00:00

MIDDLESEX SESSIONS.

The second December session for the county of Mid-
dlesex commenced yesterday at the Court-house,
Clerkenwell-green.
The calendar contained the names of 49 prisoners, of
which 46 were charged with felony, the remaining three
being misdemeanants. None of the offences charged to
the several prisoners presented any features beyond the
ordinary run of cases.
THE CASE OF MRS. TYRWIIITT.—After the grand
jury had retired to their room, during a conversation
which passed between the bench and the bar, several of
the Learned Counsel commented in rather forcible terms
upon certain strictures which had appeared in some of
the daily newspapers, with respect to the charge of the
Learned Judge to the jury in summing up the evidence
adduced in the case of Mrs. Tyrwhitt, who, it will be
in the recollection of our readers, was tried for an al-
leged robbery at the Soho Bazaar, in Oxford-street, and
acquitted of the charge.
Mr. PAYNE, in allusion to a series of letters which ap-
peared in one of the morning journals, said that nothing
in his opinion could be more self-evident than that every
one of those letters, although with apparently different
signatures, were one and all emanations from the same
person.
The Learned ASSISTANT JUDGE said he felt quite in-
different as to any remarks which might be made upon
him elsewhere.
FORTUNE-TELLING.--A repulsive•looking woman,
named Keziah Marten, aged 33 years, was indicted for
stealing a shawl, the property of Sarah White.
This case presented the usual features of gullibility on
the one side, and of artful and cunning deception upon
the other. The prosecutrix, a remarkable pretty and
interesting-looking girl, about 17 years of age, was
in
the service of a gentleman named Moore, who resided in
the neighbourhood of Old Brentford, and on the 2d of
the present month the prisoner went to Mr. Moore's
house, and was brought by the prosecutrix into the
kitchen. The prisoaer, after going through the usual
cant and legerdemain with cards, which is one of the
principal items of the stock in trade of such imposters,
demanded some money. The poor simple girl replied
that she had only 2d. about her, which she gave to the
prisoner, who then said if the prosecutrix would have
half-a-crown for her in five days she would come back at
the end of that time and ensure her a most respectable
and " likely" young man as a husband, with a large pro-
perty. At this time the shawl was lying upon a chair
in the kitchen, and was missed almost immediately after
the departure of the prisoner.
Mr. O'BaitEN began a very lengthened address for the
defence, by stating his belief that hie humble client
would have as much justice done to her as the aristocrat
who was decked with diamonds, and he hoped this prin-
ciple would over pervade British Courts of justice.
Two verry respectable-looking persons gave the pri-
soner an excellent character for honesty and good conduct.
The jury, after a short consultation, returned a ver-
dict of Guilty.
The LEARNED Juno"' said he feared the prisoner was
one of those artful and thieving imposters who roamed
the country, living upon the credulity of young and
foolish females. hie should respite judgment until the
police made further inquiries as to her means of getting
a livelihood, and if his first surmise were right, he should
most assuredly inflict a severe punishment upon her.

licitor, and Captain Palmer, in total ignorance of the
order, was committed to Cork gaol, though in bad
health, yet prepared to meet the order. The Master of
the Rolls ordered the officer's immediate discharge, and
that Mr. Mackinnon, M.P., should pay the costs of at-
tachment and motion.
General Lord Combermere will preside at a grand
provincial Freemasons' lodge, at Chester, on the 27th
instant, St. John's-day.
Captain H. Young, 24th, who recently attended the
sick bed of a soldier's wife in Waterford, to afford spi-
ritual consolation, has entered into controversy with the
Rev. E. Dalton, of that city, upon the paramount im-
portance of pure scriptural instruction, apart from the
ceremonies of the Church of Rome.
Effective strength of the 72d depot, under command of
Brevet Lieut. Colonel Maclean,
5 drummers and pipers, 210 ran at Cork-13 sergeants,
rank and file. Recruiting-
-3 sergeants and 15 ditto.
Captain Beauclerk, 7th Fusiliers, has joined at Gib- T
UULLIEN'iI GRAND BAL Mlsclux.—The arrange
raltar. vents made by M.. Jullien for the masquerade at Covent
Lieut. Bourke, 17th, on the recruiting service at Mary- garden on Monday fully bore out the prospectus issued by
borough, will succeed to the vacant company by the him in large capitals around the walls of the metropolis.
death of Captain Lockhart. The decorations were exceedingly elegant ; a profusion
Lieut. Edgar succeeds to a company in the 26th Regi- of flowers encircled, in most graceful gyrations, the
ment. pillars ; and white and silver drapery was superadded to
A company of the 85th arrived at St. Lucia, on the the already handsome adornments which have been
24th October. added to the interior of Covent garden by the taste of
Captain Trevor, R.A., and Mr. White, arrived at Bar- M. Jullien. The orchestra was conveniently arranged
badoes in the Tweed, from Southampton, on the 7th of at the upper end of the stage, and at the back an enor-
November. mous glass reflected the gay and glittering throng which
Lieut. Raines, Royal Artillery, arrived in the Imogene crowded every foot in front of it. An exceedingly ele-
at Barbadoes on the 4th ult. gent illumination, emblazoning the word " Polka," glit-
The son of Lieut. Aggas, Ist West India Regiment, tered over the orchestra. The assemblage was enor-
was drowned at Jamaica on the Ist ult. mous, so much so as to leave scarce space for dancing in.
LATE BRITIIII4 LEGION.—A committee of officers has A large proportion of the gentlemen were in plain clothes;
been formed, and is in correspondence, through Sir none, that we saw, of those who had donned costumes
de Lacy Evans, with the Secretary of State for Foreign eenled to take mad; trouble to rlstain them.
Affairs, respecting the compensation, and his Lordship
= DUNJELD.—AFFECTING INCIDENT.—On Friday
has shown every attention ; and in his last cummunica- evening se'nnight a very melancholy and affecting cir-
tion he informs them that he had instructed the British cumstance happened in the little N illage of Cotlea, nearly
Minister at Madrid again to urge upon the Spanish opposite Murthly, on the north bank of the Tay. A
Government the immediate settlement of it. Mr. Bulvver, wedding party belonging to the neighbourhood were
it is said, has obtained a settlement. passing through the village, some of whom, according
An cld soldier of the Lth, discharged in 1784, visited to a most dangerous and foolish practice that still
the regiment at Belfast, this week, when the officers and prevails in some parts et the country, had pistols
men subscribed twenty guineas for the veteran warrior, along with them, for the purpo3o of ann awing
who had so many years ago served in the ancient " Gos- the happy event of a marriage by firing them
lings," or " Fighting Fifth." opposite every house they passed. When the report
The 1;0th, at Cawnpore, lost a captain and two lieu- of the pistols was heard, several of the villagers
tenants within a month. The last death is that of Capt. of Cotlea, with candles in their hands—the even-
James, which promotes Lieut. Enoch, son of Capt. Enoch, ing being dark—came to their doors to witness the gay
of the 23d, deputy assistant-quartermaster-general at the party. When it arrived, one of those who had a pistol,
Horse Guards, to a company. either accidentally, or wishing to blow out a candle
The death of Lieut. Considine' 63d, who was in orders which a young woman was holding, discharged it, when
for trial by court-martial at Bellary, is announced. the contents—wadding and powder—poured into her
There is to be a grand military steeple chase meeting eye, and completely blew it out from the socket. The
at Northampton in March, patronised by the officers of sad event has caused a deep gloom over the whole neigh-
the Horse Guards, Royal Artillery, sth Dragoon Guards, bourhood, and, what renders it, if possible, still more dis-
7th Hussars, 13th Light Dragoons, Coldstream Guards, tressing, the young woman was standing beside her
and 32d Regiment. sweetheart at the time. They were both intimately ac-
16th Regiment, Cork Barracks.—The head quarters quainted with the bride and bridegroom, and were
division of four companies, landed from Dublin, consist shortly to have been the principal actors in a similar
of the following officers :—Captains Luxmore, Copinger,
joyous party themselves.
and Hudson; Lieutenants Cassidy, Goldie, Paymas- One of our Paris correspondents gives us the
terk, Kirk, '2l sergeants, 2 drummers, 285 rank and file, following intelligence :—The hotel of the English
46 women, 42 children, with the band, &c. Embassy promises to be the scene of great an3usetnent
32d Regiment—Four companies and head-quarters,
this winter. A Sal costume is announced for the middle
with their band and colours, marched from Richmond of January ; and private theatricals, by English amateurs,
Barracks, Dublin, to Great Ship-street Barracks. They are in preparation, at NN hich it is said those only who are
were played all the way by the band of the 73d Regi- learned in that language will be present. This oa dig has
ment. Major Hill is commanding the 32d Regiment, spread dismay among those who are not versed in it; and
Lieutenant-Colonel Markham being on leave of absence. I English masters have been put into immense requisition,
sGth Regiment—Royal Barracks, Dublin, head-quar- I as every member of the elite is determined to found a
ters and five companies. Recruiting—four sergeants and claim for admission by acquiring as much English as
eight rank and file. Effective strength-43 sergeants, possible within a given time. The language of perfidious
17 drummers, and 780 rank and file. Albion was never so much in vogue; and we look upon
73d Regiment—Richmond Barracks, Dublin. Recruit.
this introduction of a novel and patriotic
ing-6 sergeants, 1 drummer, and 15 rank and file. the Embassy as a real stroke of diplomacyon the part
t
2d Battalion Ist Royal DepOt, Enniskillen—Captain of the distinguished lady of the English
Byrne and Ensign Deane are stationed with a company cannot give too much praise 0 the good taste and spirit
at Ballyshannon. A recruiting party is ordered to march tic
amusementdor; and
at
mbabsa
with which these performances have been adopted and
for Dublin, to embark, per steam-vessel for England utiertalion.—COWltkiirnOle

LAW INTELLIGENCE.
PRIVY COUNCIL, Dec. 16.
THE LIEUTENANT-GOVERNOR OF GUERNSEY.

(Continued from our Afternoon Edition of yesterday.)
Mr. ROEBUCK, Q.C. (with whom was Mr. Wadding-
ton), continued his argument on the part of the Crown,
in defence of the Lieutenant-Governor. Ile commenced
by referring to the opinion of the Procureur-General of
the Island (who formed part, ex officio. of the Royal
Court), which had been given as to the legality of the
Lieutenant-Governor's conduct in respect to the depor-
tation of the Frenchman.
The LORD CHANCELLOR thought the opinion could not
be received as evidence ; but it might be read as part of
the Learned Gentleman's argument.
Mr. ROEBUCK then read that part which referred to
the poiat at issue :—" We give our opinion that the
Lieutenant-Governor has the power of sending any in-
dividual away whose sojourn here appears dangerous to
the public peace. We believe many instances might be
found of the exercise of this power on his part, though
we cannot cite the cases, not having access to the books.
But we believe it to be generally the received opinion
that the Lieutenant-Governor has the power of sending
away any alien from the island ; and that no alien can
reside either in Guernsey or Jersey without the assent
of the Lieutenant-Governor in each case." The Learned
Gentleman then animadverted on the tone in which the
Royal Court had asserted what he conceived their illegal
and unfounded assumptions of power. They had spoken
of the Lieutenant-Governor as having acted "in igno-
rance of the constitution," " contrary to his oath," and
"in violation of the law." They actually asserted that
the Crown had only reserved to itself political and mili-
tary power in the island, and that supreme civil executive
power resided in themselves. It had positively been
pretended, that registry by the Royal Court was neces-
sary to give effect and force, not only to writs of pardon,
but to Orders in Council—nay, to Acts of Parliament.
Mr. S. WORTLEY denied that the petitioners' counsel
had ever asserted that Acts of Parliament had no force
_ _

COURT OF CHANCERr, flee. 17 .

The Lord Chancellor sat in Lincoln's Inn Hull to-day,
and heard appeals, none of which were of the slightest
importance, unless to the parties concerned.

VICE-CHANCELLOR'S COURT, Dec. 17.

. _
The Vice-Chancellor of England took causes to-day,
bat no case involving any point of public interest came
before his Honour. The Court will rise, fur the Christ-
mas vacation, on Saturday.
(Before Sir J. K. BaucE.)
URCII V. WALKER.

In this case a demurrer was put in by a witness
against being examined. The objections made by him
were stated at greater length than the Court considered
necessary, and his Honour now ordered an affidavit to be
prepared, stating specifically what those objections were;
the affidavit to be produced in court on Friday next.

till so registered, but that it was the regular and legal
practice so to register them.
Mr. ROBBUCKdeclared, that till the Royal Court dis-
tinctly relinquished that pretension he should assert that
they pressed it, and he should prove that they did so.
Les approbutions des lois (of the time of Elizabeth),
rested upon, as conferring on the Royal Court such
powers, only gave certain powers of regulating the in-
ternal affairs of the island ; and her Majesty had dis-
_
tin

COURT OI QUEEN'S BENCH, Dee. 17.
:Sittings at Nisi Prius, at the Guildhall, before Lord
DENMAN and a London Special Jury.)
TOTTIE V. HOLMES AND ALLEN.

The plaintiff in this case is a civil engineer, and the
defendants are attorneys, carrying on business in Bed-
ford-row. The action was brought to recover the amount
of a bill sent in by the plaintiff to the defendants of
1,8061. 13s. 9d., for engineering, which he alleged he had
been employed by the defendants to perform. It appeared
that somewhere about the latter end of 1542, the de-
fendants, who were attorneys, thought it would be ad-
vantageous to form a railway to be called the Middlesex
and Surrey Grand Junction Railway Company, and en-
tered into communication on the subject with the plaintiff,
who was to be the engineer to the proposed company,
and with a Mr. Smith, who was to be the secretary.
The original plan was for a railway from Southall to
Twickenham, with a branch to Richmond. Tottie was
at that time about to leave the service of the Eastern
Counties Railway, and he undertook to make the survey.
He then suggested that it would be advantageous to ex-
tend the railway so as to make it a junction railway,
joining all the railways approaching the metropolis. The
proposition was acceded to, and the surveys were made
for the formation of a line from Harrow to Reigate, thus
connecting the Birmingham, the Great Western, and the
Dover lines. These surveys were deposited with the
clerk of the peace. During this time the defendants
had paid plaintiff 501. a month according to agreement,
and he had received from them 6301. in all. The company
was formed, and plaintiff was appointed engineer, but the
scheme was finally given up in the beginning of the
present year, and then the plaintiff had brought this
action. The plans were put in, as were various letters
which had passed between plaintiff and defendants. A
witness, named Burleigh, who had been employed by
plaintiff, proved that the work had been done ; and Mr.
Braithwaite, the engineer to the Eastern Counties Rail-
way, deposed that the plans were most carefully exe-
cuted, and that the charges were such as were usually
made. For the defence, it was contended that the 6301.
which had been paid to the plaintiff by defendants was
all that he was entitled to by agreement, inasmuch as it
was proved from his letters that he hacl agreed to take
501. a month, as the amount of his expenses from the de-
fendants, and that he looked for his profits to the pro-
posed company. He had undertaken to make the sur-
veys in the hope of being appointed engineer to the
company, in the same manner as the defendants had
undertaken the legal portion of the business in the hope
of becoming solicitors to the proposed company, and as
Mr. Smith had executed his duties in the hops of being
appointed secretary ; and therefore he had no etuirn
upon defendants beyond the 501. a month, which le had
agreed to accept for the expenses incurred, and which
they had regularly paid him.
the course of his speech, Mr. MARTIN, who ap-
peared for the defendants, read several documents signed
by plaintiff, one of which stated that he should look to the
Provisional Board of Directors, as soon as such should
be formed, for his remuneration ; and another, that, in
consideration of a note of hand from Messrs. Allen and
Holmes for 100/, which he had received, he exonerated.
them from all liabilities up to that date.
At the conclusion of Mr. Martin's address, the jury
intimated that they were prepared to deliver their ver-
dict; and a hint was thrown out by Lord Denman as to
the possibility of coming to some settlement. A con-
sultation took place, and it was ultimately arranged that.
a juror should be withdrawn.

ictly reserved to herself and her successors, as she
could not avoid doing, all her regal prerogatives. He
should argue, however, that the Queen of England could
not divest herself of the prerogative of pardon in any
part of her dominions without an Act of Parliament, that
the island had been annexed (by conquest) to the realm,
and formed part of the dominion of England, and sub-
jected to the laws of England and the prerogative of the
Crown. But he contended that on the true construction
of the ancient customs of Normandy, as set forth in the
Conmentaries of Terrier (confirmed by the authority of
Warburton's Laws of Guernsey), combined with the
approbations des lois in the legal operation of the royal
letters of pardon, was declared to be, de facto, the libera-
tion of the prisoner. The words were, " Les lettres de
pardon, remission, ou grace, du Prince ou Reine d'Angle-
terre, sont accept6's ici, et deffait a mettre les criminels
en liberte selon la tenour des dites lettres."

The LORD CHANCELLOR—What construction do you
put on the phrase—" soot accepteii et deffait A mettre
des criminels," &c. ?

Mr. ROEBUCK—" Are considered, de facto, to set the
prisoners at liberty."
Mr. S. WORTLEY denied this construction of the phrase
" deffait," as a Norman translation of de facto.
The LORD CHANCELLOR intimated that something
might turn on the import of the word " acceptees," ac-
cording to the usages of the island.
Mr. ROEBUCK proceeded to observe, that though the
claims of the Royal Court professed to be founded on
the " Constitutions of John," they had adduced no in-
stances of letters of pardon registered earlier than 1641.
Why ? Because their books, which had been searched,
presented, no earlier authorities for their claim, though
numerous writs of pardon existed on the records of the
island before 1641—a pregnant proof this, that their
claim was unfounded. The instances which had been
cited, however, also proved this claim unfounded. They
tended to show, that the prisoners before they had regis-
tered their pardons" had been discharged;" instead of their
registering the pardons in order to be discharged. The
writs, too, were addressed to the governors. Now, in
the case at issue, a man having been sentenced by the
Royal Court to a term of imprisonment had been com-
mitted to prison. The Royal Court had discharged their
junctions, which were judicial. Once in prison, the man
was in the custody of the Executive—that is, of the
Crown. The prison was her Majesty's. The gaoler was
the servant of the Crown. He had been appointed by
the Governor—by the last Governor, Sir W. Keppell
(since whose time there had been only a Lieutenant -
Governor), and had continued in the office since. He
gave a security that he would surrender to the Royal
Court any prisoners to be tried ; but once tried and sen-
tenced, he held them for the Crown. The terms of the
bond were, "par deliverance en justice"—i.e., to trial. In
this case there had been no interference with the course
of judicial proceeding. On this point the Learned
Counsel cited Warburton. The King's Prevot was to
bring the prisoners before the Court, " and to see its
sentence executed"—that is, to see them put into prison,
or hanged, Ste.
Mr. S. WoaTetv—lle is to see the sentence com-
pleted ; he must be responsible for their custody.
Mr. ROEBUCK—No, no. lie cannot so much as enter
the prison. The Learned Counsel went on to argue that
this claim of the Royal Court, undoubtedly shackling
and fettering the exercise of the Queen's prerogative,
raised the question whether any Sovereign of England
could, without the authority of Parliament, so shackle
the prerogative. He contended that this could not be
done according to the laws and constitution of England,
as laid down by Lords Coke, Hale, &c. Those high au-
thorities, confirmed by " Berry's History of Guernsey,"
showed the island to be under the dominion of the Crown,
and to form part of the realm of England. The royal
prerogative, therefore, must prevail in the island, as in
any other part of the country. He also cited " Ryley's
Pleadings in Parliament," pages 467-9. " Justices
itinerant " had sat in the island under the Royal
Commission, as in England. The Barons of the
Cinque Ports and of the County Palatine of Chester
had made claims akin to those now urged by the
Royal Courts of Guernsey and Jersey, and they had
been disallowed. The fact was, in all these cases the
" Royal Charter " had conferred no more than the usual
powers
and privileges of corporations of such a cha-
racter. These jurisdictions were under the sovereignty
of England, and subject to the prerogatives of the Crown
of Englaid, instead of being, as the Royal Court pre-
tended, part of some foreign sovereignty, under some
sort of independent separate powers, and laws and
usages. In the 4th Institute, Lord Coke had laid it
down that the King could not, without an Act of Par-
liament, divest himself of any portion of the imperial
prerogatives, among which he enumerated the writ of
pardon ; and if the Queen was so ill advised as to issue
letters patent" (as Coke called them), granting to any-
body the power of " verifying" her writs of pardon, Scc.,
and the privilege of not obeying them till so verified, the
charter would to that extent he null and void.
Sir S. LusurrioToN wa understood to draw a distinc-
tion between countries conquered, and merely annexed
by treaty.
Mr. ROEBUCK remarked that the islands of Guernsey
and Jersey had been re-conquered by English sovereigns
subsequently to the forfeiture of Normandy to France.
Mr. BURGE—But he also alleges the King of England's
seisin of those islands to be a good seisin (pars pro twito)
of the whole duchy.
Mr. ROEBUCK considered that a curious principle.
He, however, admitted that Coke conceived the islands
not part of the realm of England, though subject to the
Crown of England; giving as his reason that writs from
Chancery ran not out of the jurisdiction of Chancery.
But it was enough for this ease that the islands were
under the Crown of England, subject to the prerogatives
of the Crown.
Sir S. LUSHINGTON—Do you contend that the prero-
gative of pardon is similar to that of declaring peace or
war, and is coextensive with it ?
Mr. ROKBUCK—Certainly. Lord Coke affirms it to
be, " Omni, soli, et server,"
Sir S. LUSISINGTON-.41113 argument is a most mo-
mentous one, Let me clearly comprehend your proposi-
tion. Is it, that whenever the Crown of England be-
comes possessed (at the close of war, by peace, Ex.) of a
foreign country, there the great prerogatives of the
Crown instantaneously, and without any qualification,
attach ? " Omni, soli, et semper" are large and compre-
hensive words, certainly. But lot me put a ease. Sup-
pose we reconquered what we now call " British" Guiana,
and that previously the right of pardon had been in some
other jurisdiction than the Crown's, would the royal pre-
rogative of pardon directly prevail ?
Mr. ROEBUCK cited Lord Coke, 4th Institute, pages
356 and 357. At the same time, he admitted that Lord
Mansfield, in his judgment in the great case of the
island of Grenada, had appeared to consider that some
of the principles laid down, on the authority of Coke
might be worthy of revision. This, however, was dis-
tinctly laid down, by Coke, that the Sovereign could not
grant away by charter any part of the royal prerogatives,
and that even by Act of Parliament it could not be done
by implication. Now ho affirmed the language of les
approbation: des lois, appealed to, as proving a grant of
this privilege now claimed for the Royal Court, could
only lee conceived as conferring the privilege by way of
implication, if at all ; for it was only a general approval
of the customs of the island, which, according to the
Norman usages and laws, were said to justify the claim.
It was of the highest importance for the protection of the
liberty of the subject, that, in an island where a peculiar
local jurisdiction existed, with no right of appeal save to
the Queen in Council, the royal writ of pardon should
not he rendered nugatory by a privilege of disregarding
it until that local court should choose to register it. Let
it be observed, that the claim was made equally as to
writs, Orders in Council, and even Acts of Parliament—
all were placed in the same category ; yet, from the time
of Charles 11. downwards, whenever the Royal Court
had presumed, in reference either to Orders in Council or
Acts, to claim that its registry was a condition precedent
to their validity, the Council had (so lately in one case
as the governorship of Sir J. Doyle) peremptorily di-
rected the Court to regard them as binding on the
island, independently altogether of the registry, which
was only for convenience.
Mr. S. WORTLEY referred to the order of the time of'
Charles 11. (set forth in " Duncan's History of Guernsey")
as expressing that the Court had only acted under an
erroneous impression.
Mr. ROEBUCK read the order at length. Tho Argu-
ment bad been placed on the same foe.ties with respect
to acts of Parliament and Re„yai writs. Now, he cone
tended that the c•l4im, as admitted to be groundless
with respect to Acts of Parliament, and as shown by
precedents since Charles IVA time to have been dis-
regarded and overruled by the Crown in Council with
regard to Ordors Council, must be equally groundless as
to r9p.l. write of pardon, it being by law as impossible

-Mr. Watson conducted the plaintiff's case, and Mr.
Martin appeared for the defendants.

COURT OF COMMON PLEAS, Dec. 17.
(Sittings in London.)
MANGNALL V. M'ALPIN.
The Court was again occupied the whole morning
with this ease; and a great number of witnesses frora
Bolton, Glasgow, and other manufacturing towns, were
examined for the plaintiff, to establish that, until Brid-
son's invention (the plaintiff's patent), the diagonal or
elastic finish was giveh to muslin goods by hand only-
The special jury in the next cause, Gibbs (the Lora
Mayor) v. Flight, were directed to attend to-morrow
(this) morning.

ASSIZE INTELLIGENCE.
MIDLAND ClRCUlT.—Nottinyharn, flee, ig.
(Before Mr. Justice PATTESON.)
TIIE LATE RAILWAY ACCIDENT AXBEESTON.
This morning. on his Lordship taking his seat upon,
the bench,

Robert Lightfoot, station-master at Nottingham, eras
arraigned on the coroner's inquisition for that he, on the
21st of November last, in the pariah of St. Mary's, did
kill and slay John Dean.

The prisoner, in a firm and distinct voice, pleaded Not.
Guilty.
RoZ.ert Lightfoot and Jonathan Raven, station-ma-Oar
at Beeston, were then arraigned on the coroner's inquit-
sition for manslaughter, the former as causing the death
of James Bolestridge, the latter as being present, aiding;
and assisting therein.
It will be remembered the grand jury F,r the 'mg
ignored this bill on Saturday.
Both prisoners having pleaded Not Guilty,
Mr. WILDMAN, who held the brief for the prosecution,
stated that in that case the jury were aware the bill had
been thrown out, and under those circumstances it was
not usual, unless there were some peculiarities about
a case, to proceed with the same inquiry. Cer-
tainly he (Mr. Wildman) did not find any circum-
stances in the present case that would justify him in
departing from the usual course, as his own opinion
was, that if the inquiry was proceeded with he
could not reasonably expect, after consuming a great
quantity of time, to lay before them such facts as
would induce them to come to the conclusion that beyond
all reasonable doubt the prisoners had been guilty of
gross and culpable negligence, and if there had been
nothing more than an error of judgment, it would of
course be their duty to find a verdict of acquittal, He
(the Learned Counsel), on looking at the evidence,
could not but feel that in that case, although the pri-
soner Lightfoot might have been guilty of an error of
judgment, still it was an error of judgment in which hia
own life was as much risked as that of any other person,
for it appeared that so far from wishing to neglect his
duty, he left the place where he might have continued,
and exposed his own person in order to prevent the
possibility of a disaster occurring, which it was no part
of his duty to prevent. Under these circumstances,
feeling Mr. Lightfoot might have been, and perhaps
was, the cause of the accident under a most unfortu-
nate error of judgment, still it was impossible for bins
(Mr. Wildman) to say on his own private opinion that
the prisoner had been guilty of culpable negligence ;
therefore, he should not offer any evidence against him,
and it would be the duty of the jury to find a verdict of
not guilty.
Mr. Justice PATTESON observed, there being no evi-
dence offered, the jury could do none other but return a
verdict of acquittal in favour of both parties.
The Foreman of the Jury—Not Guilty, my Lord,
Mr. MILLER, who, with Mr. Mr. Macaulay, acted as
counsel for Mr. Lightfoot, said he had the honour to
appear on behalf of Mr. Lightfoot, and he fully believed
that had the inquiry proceeded he was in possession of
facts which would have shown that in that case, as in all
others, he had acted as a faithful servant of the company.
and that his conduct was not only not culpable, but highly
meritorious. He (Mr. Miller) had an application to
make to his Lordship, which application was, that Mr.
Lightfoot might be discharged instanter, and restored to
liberty, to society, and to his friends. As a member of
society, as the father of a family, his character was dear
to him—it was dear also to that family and those friend;
and he did hope his Lordship, who knew the facts of the
case, would be enabled to state publicly that his (th*
Learned Counsel's) client left that court without a stain
upon his character.
Mr. Justice ParrEsolt then addressed Mr. Light-
foot as follows :—Mr. Robert Lightfoot, you understand
the proceeding in this case ; that there was an indict-
dictment preferred respecting the death of James Bole-
stridge, to the grand jury of the town of Nottingham.,
which indictment they ignored. No evidence is oilseed
against you with reference to the coroner's inquisitio*
which sat on the body of James Bolstridge, and none
will be offered, I dare say, in the case of Dean ; indeed,
I think it probable no bill will be preferred in !kat ease,
but that WAS in the county.
Mr, WILDMAN—No, my Lord, no bill Will be pre-
ferred.
Mr. Justice RarrEsoN—Then the Tecognisanees may
be discharged, so there is an end to this prosecution. -I
am very glad this inquiry has taken place. lam quite
sure what the Learned Counsel for the prosecution has
stated is correct t Itnd judging from the circumstances
that have actually occurred —looking at everything that
has taken place—it is impossible to say there was sally-
thing grer.,ter than an error in judgment. Certainly
thew is no ground for saying there was that culpable
and gross negligence which would autlioriso a eonvie..
tion fur manslaughter. I thought so when I read titre
depositions in the first instance, and I think so atilL.
am quite clear that is the law, and the facts warmat us
in coming to that conclusion. lam quite sure that the
termination of this prosecution is that which law and
Justice fully require. I cannot pretend ti *7 them

to grant away any part of the royal prerogative
as to give the right of dispensing with an Act of Par-
liament. The Learned Counsel then pr, seeded to argue
that in a constitutional,
as well as in a legal„point 'of -lk.
view, it was very important that the judiciarloand :tho.,-.---,
executive powers should be kept separate n'ali:it' inOtt
____?-5--Xs.`44)‘, e
When a man had been judicially sentence( ' . ;:isrp..t-,_0,•;:,,:,A",
ment of the sentence was one of the fu . ' siir-A-etret-k':
executive; therefore, if the Crown office
~ 14•4,i6
Governor) had the custody of the prisone
.ii A 4 ____—:: ----7
in enforcing his liberation, as he had do t.tial:
„. .„ _ __
4st\itru
~.._,
authority of the Crown. In conclusion, t
__ ~.,
Gentleman intreated their Lordships—recolle • -,ibes Siktt,-'4)
feelings which had been excited in the couriO:lif this'
contest—would in their decision N indicate the Lieu-
tenant-Governor, without giving a triumph to one party
or the other.
Mr. WADDINGTON followed on the same side.
The Learned Counsel's arguments were not concluded
when the Council rose.
At its rising the Council adjourned till Wednesday.

was not an error of judgment on your part, but it
is clear everything that was done by you was done to
prevent the mischief taking place which did occur, owing
probably to a misunderstaning between you and another
person. It seems to me that every person on a railway,
and in almost every other situation in life, would do well
not to step out of the strict line of their duties—if you had
not done so, this accident might not have occurred, as I
understand it was no part of yeur duty to have
left the Nottingham station at all. That was an
error in the first instance; and the second error, if there
was any, seems to be this, that although feeling per-
suaded, and as far as I can judge with very good reason,
that the train coming from Nottingham would come on
its proper line, and that that line would be free, still you
did not wait to make it quite certain at the Beeston sta-
tion. It would have been better to have waited, as it
appears the train coming from Nottingham, whichever
line it came on, was overdue at Beeston station, there-
fore it would have been better had you waited a few
minutes; but to say, because a man certainly erred in
judgment in a situation of great difficulty, he is guilty
of manslaughter when death occurs, is not correct. I
am very glad to hear the account of your good conduct
in general that the Learned Counsel gave of you. I
have no doubt it was through an error in judgment this
unfortunate mischief took place. You left the station
with the best of all possible intentions ; certainly there
was no wish on your part to do any harm ; on the con-
trary, your intention was to do as much good as pos-
sible ; unfortunately, however, the event turned out
otherwise.
Mr. Lightfoot then stepped from the dock, and imme-
diately left the court.
The Learned Judge then proceeded to the county, to
charge the grand jury, but the cases there are few in
number, and nothing had transpired worthy of note.

NORFOLK CI RCU IT.—Bury St. Edmund's, Dee. 13.
(Before Mr. Justice WlLerAms.)
THE GISLEHAM MURDER.—At the termination of the
trial of the wretched woman for the murder of her
grandchild, the three men charged with the wilful
murder of a police-constable, whilst in the execution of
his duty, were then placed at the bar. Their names were
William Howell, aged 25, Walter Howell, aged 21, and
Israel Shipley, aged 33. The indictment charged William
Howell with feloniously and maliciously murdering
James M'Fadden, police-constable, by shooting at him,
with a gun, and Walter Howell and Israel Shipley were
charged with aiding and abetting William Howell in the
commission of the felony.
Mr. Gordon and Mr. O'Malley appeared on behalf of
the prosecution; and Mr. Prendergast and Mr. Dasent
defended the prisoners.
Mrs. Mary Button—l live at Gisleham, in the county
of Suffolk. On Sunday night, the 29th of July, James
M`Fadden came to my house in a wounded state. The
door was opened, and he was brought in. He was un-
able to walk. I sent for the doctor. I knew he had been
watching our premises.
Cross-examined—M`Fadden said, " I know who shot
me." He did not say " I think I know." He might
have said so.
John Constance, of Gisleham, labourer—l assisted in
movine. M'Fadden from the step of my mistress's door
into the kitchen. Before M'Fadden left the house, he
told me he had left his cutlass close by the place where
he was shot. As soon as it was light on Monday I went
to the ditch, and there I found a cutlass. The sheath
was shot.
Cross-examined—lt took me three or four minutes to
go from where the cutlass lay to the house.
John Prentice, surgeon, gave evidence to prove that
the gun-shot wound was the cause of death. He never
rallied from the first moment.
Mary Juliens—l live at Kessingland. M'Fadden
lodged at my house. I remember his being brought
home wounded, at three o'clock in the morning. On
Tuesday morning, about eleven o'clock, I carried him
some milk. He said nothing about himself then. About
one o'clock, he said, " I shall never be well no more."
He seemed as if he was going to expire. Towards the
close of Tuesday he was very low.
Richard Doane, police inspector—l saw M`Filden on
the Monday. He appeared very weak and distressed.
I had a conversation about his being shot. He never
said a word about dying to me.
By the COURT—He never said anything about his state
or death to me.
James Lark, inspector of police—l visited M'Fadden
on the Tuesday, in the middle of the forenoon. I had a
conversation with him before he died. I told him that
he would be provided for by the county ; he said, " it
is of no use, I shan't want it." I lifted him out of bed,
and when he was resting on my shoulder, he said, " It
is all up with me." I told him he was severely wounded,
I believed mortally. He made no reply, but slightly
grasped my hand.
Cross-examined—Soon after the last conversation I
proposed to send for the priest. He said, " That's not
of much use." I proposed at the same time to him to
make a declaration before:a magistrate. He said, " I
have no objection, but not yet." M`iadden was a Ro-
man Catholic.
At the conclusion ofo the evidence of this witness the
court adjourued until to-morrow morning.
Saturday, Dec. 14.
At the sitting of the court this morning the Learned
Judge recalled several of the witnesses, and examined
them respecting M.Fadden's state of mind, after he
received the wound.
The Learned .longs said, after hearing it, that the
evidence was sufficient to satisfy his mind, that on Tues-
day afternoon the deceased entertained no hope of re-
covery, and believed he was near death ; therefore he
should receive in evidence any declaration made by the
deceased at that time, but that he should reserve the
point for the opinion of the judges.
James Lark recalled—About six o'clock in the after-
noon I helped M'Fadden out of bed. I had a conversation
with him after that. I asked him if lie knew the man
who shot him. I asked him if it was correct what he
told me as to the man who shot him. Before this he had
mentioned the name of the person to me. He said
" Yes, Howell." I said, " Where does he live ?" He
said, "At Valuer." I said, " Can you describe his
dress ?" He said, " The man that wore a police hat
and a long velvet coat down to his knees." I said,
" Would you know him again if I. could produce him ?"
He said, " Yes, I should."
By the COURT—I gave the name of another man, and
asked him if that was not the man that shot him. Ile
said, " He might be there, but he did not shoot me."
This was after he mentioned the name of Howell.
John Livett, labourer, of Gisleham, proved that Mr,
Batten's barn was broken.
Harriet Botwright—l lived at Hulver last July. I
knew M'Fadden. I know the three prisoners at the bar.
They lived in Mulford. I remember the Sunday when
M`Fadden was shot; I war. with M`Fadden. About three
weeks before he was shot on Kessingland-common I was
talking to him. William Howell came by riding in a
pony cart. He drove quite close to M'Fadden, and he
said, " Mind, old fellow, how you drive." William
Howell said, " D— my heart if I should not like to drive
over you." M'Fadden said, " Mind, old fellow, what
yov say. You would look rather queer if I summoned
you for it." William Howell said, "D— my heart cold,
if I should not like to do your business for you; d— my
heart cold if I do not the first opportunity." After these
words Howell drove on. He was in liquor. On the
Sunday I had been to Lowestoft, I left home about four
o'clock. Before I got home I fell in with M'Fadden.
I met him on the Kessingland turnpike, about half-past
six o'clock. I was riding with a young man in a cart.
I got out. I had some conversation with M'Fadders. I
then got into the cart again, and went towards my own
home. When I got home the door was closed, at eight
o'elock. I then went across the marshes, past the pri-
soner's cottage. I was going toNards Mulford-street.
I saw Mr. Shipley, who passed me. This was as I was
going across the marshes, one marsh from his own home.
I saw William Howell in Kemp's-field. After crossing
another marsh, I saw Walter Howell, just after they
were going from their home towards Mulford Hall. I
made for Mulford-street. This was between eight and
nine o'ciock. I next saw William Howell and Shipley
in a cart, after I had been at Mr. G. Crichmere's cottage
half an hour, going in the direction of Mulford Church. I
went to Carlton. I went across the fields. After I had
been at Carlton I saw the prisoners at the Five Cross-

ways, a mile and a half frcim Mrs. Button's, and Chil-
vers, Chamberlain, and William Cooper were with them.
The two Howells and Shipley were upon their feet. I
said nothing to them, nor they to me. I can't say the
time. It was bright moonlight. I went to M`Fadden,
at Gisleham, at Mrs. Button's. I expected to meet him.
I met him against the gate. I then went into the gar-
den. I could see the barn quite plain from the garden.
There was a fence dividing the garden from the road
high enough to conceal a man. I told M'Fadden some-
thing. I remained very little time before they came
down, the thieves. I was with him in the garden. I
saw five people come. William Howell and Walter
Howell I swear to. I cannot positively swear to any
other. I saw Williana unlock the barn door. Walter
followed his brother. After they had gone into the
barn I left M'Fadden. Before that he had pulled off his
shoes in the garden. I went up the backway towards
my own home. Half an hour from the time I left
M'Fadden I heard a gun fire. There was only a meadow
and a yard between me and where M'Fadden was shot.
I looked about, I did not go straight on. I returned
back, on hearing the gun fire, to Mrs. Button's. I heard
M'Fadden groan ;he said, " Oh, dear." I could not
see him. The sound appeared to come from the garden.
I was in the back way. I then went away for Beecles,
more than five mile-% I did not go up to the door,
because I was afraid they would serve me as they
did M'Fadden. William Howell had a black velvet

fruek and a policeman's hat. I had seen that hat before,

inore than once.

Cross-examined by Mr. Prendergast—l cannot say
exactly the day of the month I told this. It was on a
Thursday—some time after M'Fadden was shot. About

five weeks from this time. Ido not know how many
times I hare been before the magistrates before I gave
the account. Twice, if not more. William Howell was

taken on the Thursday after AlTaddea died. I first

mentioned all this to M-r. Dean. I was very ill, and that
was the reason why I did net mention it before. I was
threatened by their party. On this Sunday I had been
to Lowestoft in a cart. I had told M'Fadden before,
that if I saw the party I would let him knuw. It took
more than an hour to walk from my house to Gisleham.
It was after six when I got to Beccles. I went to Mr.
John Hunt's, of Beeeles. He keeps a public-house. I
stopped half an hour. Thor-. is ao Mrs. Hunt.
He is an old man. He has one daughter. I
then went to Mrs. Sporle's, in Gaol street. I
was there, in and out, the chief part of the day.
I was obliged go to to
Beeele.,get some money
—a post-office order for my brother. I got the post-
office order fur ss. of Mr. Criehtnere. My brotherr
was convicted at the last assizes. Howell's mothe was
witness against the man tried with my brother. Ia
am
now with Mr. Dean, the inspector, as I dare not go at
large. I made the statement to Mr. Dean on the Tues-
day. He told Mr. Lark on Wednesday, and the men
were taken soon after. I never told Mr. Dean till after
(r.
Robert Chilvers threatened me. My father threat-