The Sun.
London, England, 1842-12-09 00:00:00

The Jury retired at five minutes after sir. o'clock
to consider their verdict, and returned into euart at
a few minutes past seven, with a verdict for the plain-
tiff—Damages 2501.

COURT OF BANKRUPTCY, Dec. 8.
IN 7:E HARVEY GARNETT PIIIPPS TUCKETT.
The bankrupt 'in this case was described in hi*
schedule as a merchant and continental commission:
agent of the Poultry. Few of our readers would re—
cognise in this deOrtriPtion the gallant Captain Harvey
Tuckett, of the 11th pr Prince Albert's Own Hussars,
who fought Lord Cart:F and in an, con sequence of
the wound received in the zecontre, was the cause of
the solemn farce enacted itt ;the House of Lords at
the trial of that Nobleman by his some eighteen
or twenty months ago, The amount of debts in his
schedule was about 3,0001., and 1,0004. further was
admitted this day, when the choice of assionees was
proceeded with, and Messrs. Powell :and- Poinder
were appointed, and accepted the trust.

THE BANKRUPTCY OF LORD HUNTINGTOIVER.
fit the cloie of the examination of Mr. Douglas in
this case, on the ith inst., Mr. James proposed to
examine Lord Huntingtower as to certain bill trans-
actions in which he had been mixed up with Captain
Ilyng, as the Noble Lord, in a tart of his former
examination, had made some statement which the
friends of the Captain considered to reflect unjustly
upon him.
Mr. Nias objected to such an examination, as flat
being connected with the proceedings under this
fiat ; but •

Mr. James persevered, and said that the evening
before he had received a note from Lord Strafford,
requesting him to put some questions to his Lordship
in respect of his bill transactions with Captain Byng.
Lord Huntingtower expressed his ready anxiety to
answer any question which might be put to him, and
stated that he had had bill transactions with Captain,
Byng to a very large amount, and when he formerly-
stated that the Captain had given him no proceeds of
certain bills which passed between them, it arose from
the circumstance that he (Lord Huntingtowar) had
been sued upon them, and he thought that the Cap-
tain would not have parted with them, without re-
ceiving some consideration. He had, however, been
himself sued upon bills by which he received no con-
sideration, and he doubted not but that Captain Byng-
might have been treated in a similar manner, and,

therefore, that he had not been guilty of the slightest
breach of trust in his dealings with him (Lori
Huntingtower).
Mr. Nias having heard this explanation, expressed
himself glad that it had been given, but added that it
should not be entered upon these proceedings, and not
reported with them.

kr. James—We must take our chance for that.

The further hearing was then adjourned.

ACCIDENT ON THE BIRMINGHAM
RAIL WAY.

A dreadful accident occurred yesterday upon this
railway, which either has already, or in all probabi-
lity shortly will be, attended with loss of life. One
account which we have received states that four per-
sons were killed, but other accounts, though they do
not agree in this particular, agree in stating that four
persons were seriously injured, and that the lives of
at least two of them are despaired of. The accident
occurred about half-way between the Tring and Berk-
hampstead stations, while the train was proceeding at
the rate of thirty miles an hour, and was caused by
the breaking of the axle of the engine. The near wheel
of the engine was next broken, and the engine turned
completely round and shattered to pieces, no portion
of it remaining entire but the cylinder, which was
driven by the concussion to a distance of thirty pards.
The stoker was taken up speechless, but the engineer
fortunately escaped with a slight hurt on the foot ;
three passengers in the first carriage next to the en-
gine were seriously wounded, but all the first class
passengers escaped without injury.
The following is the official account of the accident
given by the Company :
The train which leaves Aylesbury for London at
eleven, A.m., consisting of a second class carriage next
the tender, two first class carriages, and another second!
' class carriage at the end, was passing over the em-
banktnent, about three-quarters of a mile north of the
North Church Tunnel, when the near fore-wheel of
the engine was suddenly separated from it 'by the
breaking of the fore-axle (which is four and a half
inches thick) between the journal and the- wheel:
The engine and tender were, in consequenee,,throWn
over the near side of the embankment, which is there
about 15 feet high, and the leading second class car-
riage over the off side. The other carriages remained
on the road. The engine-driver escaped without in-
jury; his assistant was considerably hurt, and three
passengers, who were in the second class carriage,
which was overturned, also received severe, though it
is hoped not fatal, injuries.
The following is the official report of the surgeo.n
who attended on behalf of the Company :
" The names of the persons who were injured by
the accident at North Church, Dec. 8, 1842 :

, -- -
"John Tomlin, of Boxmore--severe injury to the
head and fracture of ribs.

" Mary Bye, of Aylesbury—severe injury to the
head.

" John Pemberton, Company's stoker—concussion
of the brain.

" Matthew Lowe, overlooker, Berkhampstead—in-
j ury to back. (Signed)
" THOS. BROWN, Surgeon, Berkluunpstead."
On an examination of the fractured axle, it appears
that the iron, with the exception of a very small por-
tion, is defective, although not externally apparent,
and that the separation is so close to the wheel that
at first view it would seem to have been made by
knife.

The circumstances of the accident will be fully re-
ported to the Board of Trade, for investigation by
Gen..Pasley.

The following curious anecdote is recorded by
Aubrey, in his Ostenta or Portents, printed in 1696
—" Sir Walter Long's widow (of Draycot, Wilts)
did make a solemn promise to him on his death bed,
that she would not marry after his decease: but not
long after, one Sir Wm. Fox, a very beautiful young
gentleman, did win her love; so that notwithstandin
her promise aforesaid, she married him at South
Wraxall, where the picture of Sir Walter Long hung
over the parlour door, as it doth now at Draycot. As
Sir Wm. Fox led his bride by the hand from the
church (which is near to the house) into the parlour,
the string of the picture brake, and the picture fell
on her shoulder, and cracked in the fall. It was
painted on wood, as the fashion was in those days.
This made her Ladyship reflect oa her promise, and
drew tears from her eves!"

BANKRUPCY COURT-, BRISTOL DISTRICT, DEC. 5.--
MESSRS. HODUOUSE AND CO'S. BANKRUPTCY.—This
afternoon J. English, Esq., solicitor under the above
fiat, in consequence of a summons from the Commis-
sioners, brought the proceedings in this bankruptcy
into Court. It was finally ordered by Commissioner
Stephenson who presided, that the Court would allow
one month for the production of the proof of debts,
&c.. and would then appoint an official assignee.
Mr. Edward Mant 'Millet was to act as the official
assignee in the interim.—Bath Chronick.
The barque Chusan, Captain Laird, from China, out
six months, lauded passengers and mails here 3-ester-
day morning by the pilot-boat Pandora, of Dover,
J. Collins, master. The Chusan spoke with the
Cyrus whaler, Captain Spratley, on the 4th August,
in Macassar Straits, with 300 barrels of oil ; on the
12th of August with the brig Lanothland, Rogers,
master, from Sydney, at Batavia, desired to report
the Rover whaler all well, with 2,000 barrels of oil ;
on the 30th October with the brig Malden, of New-
castle, from London for Brazils, lat. 7.20 N., long.
I •2500 W. i and on the 30th Nov. with the brig Fo-
rester, of Hull, from Liverpool, lat. 45.14 N., long.
10.40.—Brighton Gazette.
STOURBRIDGB—TDE PREVAILING DISTRESS.—The
number of applicants at the Union Poor-home is in-
creasing every week; a numbesi (amounting with
their families to 39 persons) were so relieved on Fri-
day last,
and reported to the Commissioners, as re-
quired by article four of their instructions. Ther
are at present upwards of 260 inmates in the house,
being the greatest number ever known. A great
probability exists of a large number of persons bein
out of employ in this district during the comin
winter.— Worcester Chronicle.
KEEPING LENT.—A high Churchman was once
asked what made his library look so thin? Jib reply
was, "My books all keep Lena' •

'._,:D,

control of till machinery and working;inf the.
If they could show that it was purely an ace 4 • cat_
gi.-ating solely in causes over whicli they. h4;i ccol-
trol, then indeed they might be exoneratea ri'fi •
responsibility, but it was for-them to.m.ake very.,
clearly that the accident had been occas' 44.\\,,by
causes over which they could exercise no conlrcikki-J---- "'-
order to escape from their responsibility. Hisltgalkid4, N., ••
ship then went through the whole of the- eviden
commenting on it as he went along, and observing par-
ticularly that no person had been called by the defend.-
ants,to contradict Professor Barlow's account of what
he considered to be the cause of the accident, namely,
the sinking of the rails from the weak state of the
road. His Lordship also stated that under the cir-
cumstances he could not but consider it remark,
able that' Mr. Rastrick had not been called, inas-
much as he was the engineer of the Company, who
had had communication with I4fessor Barlow, and who
must have been the most competent person of nay to
form an opinion as to the cause of the accident, and
who, if any previous negotiations had taken place be-
tween the plaintiff and.the Company, was most likely
cognisant of it. Certainly, he thought Mr. liastrick
ought to have been called. If it was their opinion
that the plaintiff had sustained the injury through the
negligence of the defendants, they would then give
him a verdict for such damages as would afford him
adequate compensation for the injuries he had m
tained.