The Sun.
London, England, 1845-12-18 00:00:00

YORK, DEC. 17.

STOCK EXCIIANGE.-The sales are-York and North Mid-
land Extension, 25-Newcastle and Berwick, 11-I`forth
British, 22-Ditto, New Carlisle Branch, 2-London and
York, 3%
EDINBURGH, Dxc. 15.
STOCK EXCHANGN -The sales are-Aberdeen, 51.-Aber-
deen, Banff, and Elgin, 21.-Airdrie and Bathgate, 21. Bs.
-Arbroath and Forfar, 251.-Ditto, Half Shares, 154-
Ayr and Dumfries, 2/. 155.-Ayr and Galloway, 2/. 55.-
Banffshire, 2/. 55.-British and Irish Union, 2/. 19s. 6d.
-Caledonian, 121.-Caledonian Extension, 3/.- Caledonian
and Dumbarton, N.-Caledonian and Sorthern Direct, 31. Os.
6d.-Clydesdale Junction, 191.-Direct Northern, 21.-Dun-
dee and Arbroath, 35/. 10s.-Ditto, New, 171.-Dundee and
Perth, 61. IN.-East of Fife, 21.-East Lothian Central, 1/.
17s. 61.-Edinburgh and Bathgate, 31.-Edinburgh and
Glasgow, 681.-Ditto, Half Shares, 15/. 103.-Ditto, Quarters,
154 IN.-Ditto, ditto, New, 12/. 10s.-Edinburgh, Glasgow,
and Dumbarton, 18s.-Edinburgh and Leith Atmospheric,
21. 55.-Edinburgh and Leith Atmospheric Direct, 1/. 15s.
-Edinburgh, Leith, and Granton, 21/. 10s.-Ditto, Pre-
ference, 18/. 10s.-Edinburgh and Northern, 3/. 95.-Ditto,
Newport, IL-Ditto, Lochgelly, 1/. 95.-Edinburgh and
Peebles, 2/. ls. 6d.-Edinburgh and Perth, 4/. 10s.-Forth
and Clyde Junction, 2/. 55.-Glasgow and Ayrshire, 701.-
Ditto, New Stock, 231.-Ditto, Quarter Shares, 21/. 12s. 6d.
-Glasgow, Dumfries, and Carlisle, 2/. 55.-Glasgow and
Dundee Junction, 2/. 10s.-Glasgow and Garnkirk, 451.-
Glasgow and Greenock, 21/.-Ditto, New, 101. 155.-Ditto,
Preference, 2/. 55.-Great North of Scotland, 3/. 2s. 6d.
-Granton Junction, 2/. 10s.-Inverness and Elgin, 11. 158.
-London and York, 4/. 55.-North British, 244-Ditto,
Halves, 51. 10s.-Perth and Inverness, 21.-Scottish Cen-
tral, 13/. 10s.-Scottish Midland, 3/.-Scottish North West-
ern, 14 138.-Stirling and Dunfermline, 2/. 10s. ad.

ASSIZE INTELLIGENCE.
NORTHERN CIRCUIT.—York, Dee. 15.
(Before Mr. Justice EuLE.)
CHARGE OF MANSLAUGHTER.—DEATH OF THE LATE

MR. BOTELER.—Thomus Wheatley, a 37;11g—n;t; of
about 25 years of age, who had been out on bail to
appear to the present charge, and who had been engine-
driver upon the North Midland Railway, was indicted
for the crime of manslaughter, in having, on the 28th of
October last, at Royston, feloniously caused the death of
William Fuller Boteler, Esq., by neglect and unskilfully
driving a pilot engine, of which the prisoner then had
the management. The circumstances attending the
lamentable event will be in the recollection of everybody,
from the great interest which was excited at the time of
its ocenrreneC---10*iti?eported that Wheatley intended
to keep out oftlie-Tvey, but the result has proved other-
wise, and this mording lie was put to the bar to take his
trial.

Mr. fall, Mr.-13.0othlib and Mr. Pickering appeared
to
:conduct the prosecution ; and Mr. Bliss, with whom
was Mr. Overend, for the defence. _ _

Mr. HALL opened the case by observing to the jury,
that it was one which had naturally caused a more than
ordinary interest in the public mind, on account of the
rank of the deceased gentleman, who had been one of
her Majesty's Counsel, a Commissioner of Bankruptcy
for the Leeds district, and Recorder of Maidstone, as
well as on occount of the known excellence of his cha-
racter and disposition, and those high attainments by
which he had been distinguished in life. This case must
also be of unusual importance, from the circumstance of
the melancholy loss of life having occurred upon a rail-
way, now that it had become an almost universal habit
with the people of this country to travel by railways.
It would appear that on the night of the day in question,
Mr. Boteler set out from London by the mail-train to come
to Leeds. An accident happened to the train before
it arrived at Barnsley, but having gc4 some temporary
repair, the train proceeded thither, assd then con-
tinued on, a pilot engine being ordered forward
to its aid, and which followed after to overtake
it. From Barnsley, towards the north, there was a
considerable rise. The prisoner, it would be shown, had
put on steam, and had added speed, when he should have
slackened it, therefore he had been guilty of negligence.
Also, it would appear that he had not kept at his post
while on the pilot engine, for he was driving it without
keeping that look out ahead which was a part of his
business. Now, the law would protect every man in his
calling, so long as he properly conducted himself in its
pursuit ; but if he were guilty of such negligence as was
incompatible with the safety of others in that calling,
and so caused death, the law would hold him guilty of
the crime of manslaughter. One circumstance, render-
ing the prisoner's act inexcusable was, that the usual
lights were exhibited at the tail of the mail-train, into
which he had run the pilot engine. And it would ap-
pear that he must have seen those lights on approaching
the train. Immediately after the collision, which arose
from his misconduct, a passenger by the train charged
him with it. The prisaner said there were "no lights."
But that passenger, having ascertained that there were
lights, then told him so, and to that information he
replied only by saying, that " they were very dies."
To account, in some measure, for the prisoner's negli-
gence, the jury would learn that there was a strong ,
south wind blowing at the time, and, perhaps, it might
be that he had so placed himself upon the engine so as
to screen himself from the wind, but in such a position
as to prevent him from performing the duties of his post.
;".,! bad further been alleged, on the part of the prisoner,
that .:N‘ rail was slippery, but as the engine he drove
was at toss time proceeding up an incline, that circum-
stance, if trust., would operate a contrary way, and would
rather tend to retard than accelerate. It was also said
that the break of the pilot engine was imperfect ; but it
would be shown that that part of the machinery was
quite sufficient:for its purpose, and an officer, who had
been sent down by the Government to inquire into the
cause of this disaster, would be called before the jury
to establish this latter fact. Having detailed the facts
throughout, the Learned Gentleman proceeded to call the
witnesses for the prosecution.
The evidence did not materially differ from that given
on the coroner's inquest, which has already appeared in
The Sun.

After an address from Mr. Bliss for the prisoner, the
jury retired for half an hour, and on their return said
that they fouud the prisoner Not Guilty.

A-verdict of Acquittal was then entered upon a 670
indictment, in which the prisoner was chargeo6s,
the manslaughter of John Stubbs, the polic6.olol
who died in consequence of injuries received urn
same occasion.

MIDDLESEX SESSIONS.
(Before Mr. Sergeant ADAMS, Asistunt-Judge, an
Bench of Magistrates.) a!it
On Wednesday, Cha?les Lewis, an Irishman, age of
was indicted fur stealing a brass funnel, the propertY

Richard White.
w
In itself the case did not present any feature•l°,,sice
of a report, but that which arose towards the canc,lol
of the examination of the principal witness, O who
which followed, created no little astonishment in 'albs
were present, save the prisoner, his father, AN
witness.
red d'al

The evidence for the prosecution clearly provs of
the prisoner, who had progressed some considerable IL,
towards the attainment of a complete state of intosajor
lion, had, in the public-house of which the prosecued
was the landlord, taken he funnel elf the counter, Pla of
it in his trousers, aed walked off with it. Ile wbessioe
course folle.wed and taken into custody, but upon. „lea
charged with the theft, he denied first that he had 501
any thing of the bort, and next that he had the noel
ilmtbe
about him. Upon being pressed, however, terild be
subject, accompanied by a threat that be WI it
searched, he without any further hesitation P',.`,e„0,0
from his trousers. Just as this part of the el"'
against him had been given, cis to/
',
The prisoner, addressing the Court, said, ""-„ of
Lord, that is nothing at all ; I often do those seri:tes
things, but there is nothing in them. Only just le,e.
ask the witness a question, and I'll settle the
cern at once.—(Louel laughter.) Now, then, tell, fie'
did I take that funnel as though I intended to sm.° like
Did I take it in anything like a surreptitious style'
Did
this, you know, as if I meant to walk off with it 'pis I
I look as if I intended to commit a robbery ?„ (IV
mean to do a felony, do you think ; that's all ?
newel laughter.)
The witness, who appeared to be quite overeomet
the
this torrent of questions, raid, all he knew was thf big
prisoner took the funnel, and, having hidden it 110
trousers, had then gone off He could not tell ribs gbl
intentions might have been, but for himself, be thfriltbs
they were directed towards the appropriation e'
funnel. „„ er/'
The Learned JUDGE observed that the act of i'Llets
soner, he thought, pretty well bore out that OP'-s
Now, prisoner, what have you to say in your dere° eol
The prisoner, who had previously asked for s e°ll;aet
the depositions, at once said, " Oh, my Lord, I tot)
nothing of the sort; not guilty of a theft. Do .-00,
to freaks. I'm all full of fun, innocent, harmless tto
my Lord.. That's all.—(Laughter.) Lord, I 0;01
Ireland, my own country, some time since, but it w Dora
for fun, nothing else.—(Continued laughter.), „leo
bless you, anybody who knows me knows that 0 tbia
despise any action that is bad. I might have takedoisi
concern, and when asked about it then have pot
either that I had it or that I knew anything the Deal
and only for the pleasure of bringing it back .1 might
day, and having a good laugh over the affair'
h Od 111
have done that, but they spoilt the fun 1 *.,,,°,11 saY
had. But, mind, I don't say it was so. I (Dle°'
took this thing; but it might have been f OW'
laughter.) Lord, I have often done these sort °
and lots of fun we've had." lot you
The Learned JUDGE—Then it is quite time yeve
should be stopped in such a career. Have 1001 itiove*
to speak to your character? The piisoner--" or
number of friends who would give me alive, f,i..Y.,e'oaroble
cellent character. They will speak to illy 0-
tto
and good character; but est We
The father here stepped up and wished P of -
his son could not have done this, for ho was t
mind. fe
The Learned JUDGE—The Court cannot listennt
at this moment ; we must hear your istateree'
such a point presently. t off
The prisoner—Oh, Sir, I don't wish to ge5.,„.% 14
that score, you may depend upon it ; don't t"'"
(Laughter.) the Phe
A publican in Wild-street then stated, that tot sa
soner was a constant visitor at his house, itillits,oll,
was in the habit of taking things away wit." es t°°
bringing them back the next day. lie soreetial
funnels, sometimes glasses, sometimes pots, erickL elf*prje
The JUDGE asked the witness whether be and as
that he had placed himself in a condition to be 001)0;
for compounding felony ? He would rse°_,°3l32o
not to say any more, but at once to stand do •ttee
"ettoofleVseit!..
with regard to the jury, he was compelled to dig: it or
he were to permit such' testimony as that vlbkigieel,rlD
peered the father and the publican had come Prep
risoo*-
give, and clearly without any ground, for thehl'is 00;
displayed all the cunning sharpness and
try, it would become his painful duty tben
them to say whether they would acquit /lira bAectbe °re
was of unsound mind. Surely, the father, And twit
ness he had brought with him, could not know A on Pl
were to happen that his son were to be acqujsl.o'
ground which he had set up— Doff *PI
The prisoner—Oh, Sir, I don't vish to get
that ground. I don't, indeed ;
disgrace if my friends knew that I was in this placeo%.ol;
The Learned J uDaE.—The prisoner was sane en 'l,OO
but he was about to say, that the father could net PO.O
but it would be !Ooh
known that the defence he had set up for his O il- 5°11600
such that if it were successful it would cause ,oppselr
imprisonment for life. The prisoner had 11°0-ra t
and therefor. it had become the duty of the pcu-rtil
guard his interests. He could not, cOnsequeetlit t vie*
this evidence to be proceeded with, especially I's ao'
manifest that there was no foundation for it. Iss ctlf
facts of the case, they were clear enough, and din pa
proved the theft. He did not believe one word o'3o
been uttered by the publican. The jury would err p
their verdict upon a consideration of the evidence' hal
was quite clear the man was not of unsound mind ; tbet
if they should by would be impriser"
ground, the result would be that he
for life. ,1
any chance acquit him ',pot!
_„a
The prisoner—Not by
wish to get off upon that grounds and they have nootro
I very often d
tempted to set up such a defence.
my Lord ; I 4(.*/‘
tin
sort of thing for fun. I'm fond of a freak.
The Learned JUDGE was at a loss then to undcrs.,_tsl4
what object the father could have had in saying anrucon
upon the subject. However, he would leave the
now to be dealt with by the jury. hot 14
The jury at once returned a verdict of Guilty,
the same time recommended the prisoner to reerTtbioX
The prisoner then said it was a most dreadful
for him, with regard to his friends, to be in such 5
tioThn. d,
pole
*ore
e
Learned JUDGE remarked, that freehis frieo s
aware of his position, because the father bad
forward. °ll* /
e
The prisoner—Oh, but my father does pot t
n•li t I
one about it. lie keeps it to himself.—(Lane,- eense fe
The Learned JUDGE ordered the prisoner ` sheer
ma.nded until the next session, and that inquir4*. Doe*
be made respecting his connexions and his previ°ll'
of life.

EAST INDIA HOUSE.
(Continued from our Afternoon Edition of "Yesterci-%0
Mr. G. THOMPSON said that, after hearing the tuber
of the Learned Coun§el, he should say nothing
on that point; but he was so unconvinced by that
that he should perhaps consult higher legsl ellthe con'
The Hon. Proprietor then proceeded to review' t 903
duct of the East India Company, in relation to °code.
of Sattara at great length, but there being no i,e„s„irgien
for. ithY'of 'the resolutions but the last, the tATsititoPs
declared the meeting to be adjourned, the res°'s ;be°
having been negatived unanimously. The C°lir
adjourned.
I
Loss OF LIFE BY FIRE.—Ye Y.
e t rda Tts veh
sere ho
was held before Mr. Baker, at the Coach and 1100 re— jscei
Myddleton-street, Whitechapel, on the body of Jesssieatellt
aged 85 years. The deceased was a Jewess;and large
last she was left alone in a room in which was •lh-id
and during the temporary absence of a female wile I;
engaged to do the household work, her clothing )sl,Ds
means caught fire. Her screams brought several P;l:e'd
her aid, who, with considerable difficulty, extingo por
flames, but not before her arms, face, neck, and eciP': seffi
tion of her body were frightfully burned. She
after from the ehects of the injuries. Verdict, ":1--
death."
e. f ti)js
CHESTER CATHEDRAL.—The re •open-nu dit)for
sacred edifice, which has been for some time cloeeztocle'
storation and improvements, is to take place oe ch
January 6. The Lard Bishop of the diocese will P
the occasion.

BIRTHS. go*
On the 14th inst., at Duncan-terrace, Islington'
inst., ai°
g,
Beg jun.,
sth of a on, still-born. birs• Pa f
On the 1 at St. George's-place,
of a son. sheA'

On the 15th inst., at Blackheath, Mrs. Spencer •
a daughter. 1103°'
On the nth ult., at Florence, the lady of Morgan 0
Esq
0., of GatehSussex, of a son. n
the 12thouse, inst., at Riverhead, Kent, the lady °f CWit
R. Carter Pettey, Esq., of a daughter. riell6
r a
On the 13th inst., at Gloucester-road, Hyde-Pa /.,boril. b,
the wife of Charles Charrington, Esq.
.D
,r,of a 500, still f 5104
On the 13th inst., the wife of W. H.ODBEY, E5Cl' ° Of
Buckingham, of a son. , g Wel
On the 14th inst., at Brixton-rise, Mrs. .• ' A
of a son. It ho°7;
On the 14th inst., at the Ranger's Lodge, 15+,0'
forest, Oxon, the wife of Charles Sidney Hawkins, of
son and heir. „, nueraP
On the 16th inst., at Hendon, Mrs. John S. lall'"
a daughter.

HARRIED. Me!
On the 13th inst., at George-street Chapel, 01,°';‘+' )1013,-
ELlynes, Esq., of Lonsdale-square, Islington, to 0.12,1100P-
..hird daughter of Stephen Westbrook, Esq., of Bea
street, Oxford. q
On the 16th inst., at St. Pancras Church, James•-•dsiee
Esq., to Louisa, daughter of John Plowes, Esq., of 01
street, Taristock-square

DIED. Ist'
On the 15th inst., Sarah Sophia, only child of the
Lewis, Esq., of Prospect House, Woodford, Essex. -6.01
On the 15th inst., at Fortess-terrace,lientish-tosvn,,-;4 o
youngest daughter of the late Edmund Darby,
4
Aston House, Herts.
On the 15th inst., at Bradninch, Devon, the Res"'
5
Lott
On , incumbe of same pla.
the I lth nt
inst.,the at Wardhoucese, Aberdeenshire, 1718,1305 e.
Margaret, daughter of the late C. Gordon, Esq., of Wart"'
On the 11th inst., at Clifton, Mrs. Guthrie, aged B°',oll4'
On the 12th inst., at Richmond, Margaret Alice, the.'
est child pf the Rev. G. Trevor.
On the 12th inst., Catherine, relict of the late 111211
-•t°
Allen, Esq., of Ballingdon-grove, Sudbury, Suffolk. D Al'
On the 13th inst., at Brighton, Christopher Alders°
derson,
he Es
14q.
On tth inst , at the Vicarage, Prescot, Lancss biles
the Rev. Vero Gurden Driffield, aged 25

.._-__Namanalammailimaiwsgi.",
London : Printed alai Published by MURDO YOL'-11,J1'
No. 112, Strand, Printer, at The Sun Office, l'''",00"
Strand, in the Precinct of the Savoy, in the COo'
Atiattea, Munday, Decomber 1“5.

V