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

YORK, DEC. 17.

STOCK EXCHARGE.-The sales are-York and North Mid-
land Extension, 25-Newcastle and Berwick, 11-North
British, 22-Ditto, New Carlisle Branch, 2-London and
York, 3%
EDINBURGH, DEC. 15.
STOCK EXCIIANGII.-The sales are-Aberdeen, 51.-Aber-
deen, Banff, and Elgin, 21.-Airdrie and Bathgate, 2/. Bs.
-Arbroath and Forfar, 251.-Ditto, Half Shares, 15/.-
Ayr and Dumfries, 21. 55.-Ayr and Galloway, 21. 58.-
Banffshire, 2/. 55.-British and Irish Union, 21. 19s. 6d.
-Caledonian, I!/.-Caledonian Extension, 3/.- Caledonian
and Dumbarton, 3L-Caledonian and Northern Direct, 31. Os.
6d.-Clydesdale Junction, 191.-Direct Northern, 21.-Dun-
dee and Arbroath, 35/. 10s.-Ditto, New, 171.-Dundee and
Perth, 6/. IN.-East of Fife, 2/.-East Lothian Central, 1/.
17s. 61-Edinburgh and Bathgate, 31.-Edinburgh and
Glasgow, 681.-Ditto, Half Shares, 151. 10s.-Ditto, Quarters,
151. 10s.-Ditto, ditto, New, 12/. 10s.-Edinburgh, Glasgow,
and Dumbarton, 124.-Edinburgh and Leith Atmospheric,
2/. 55.-Edinburgh and Leith Atmospheric Direct, 11. 151.
-Edinburgh, Leith, and Granton, 21/. IN.-Ditto, Pre-
ference, 18/. IN.-Edinburgh and Northern, 3/. 95.-Ditto,
Newport, IL-Ditto, Lochgelly, 1/. N.-Edinburgh and
Peebles, V. ls. 6d.-Edinburgh and Perth, 4/. 108.-Forth
and Clyde Junction, 2/. 55.-Glasgow and Ayrshire, 70/.-
Ditto, New Stock, 231.-Ditto, Quarter Shares, 21/. 12s. Gd.
-Glasgow, Dumfries, and arlisle, 21. U.-Glasgow and
Dundee Junction, 21. 108.-Glasgow and Garnkirk, 45/.-
Glasgow and Greenock, 211.-Ditto, New, 101. 155.-Ditto,
Preference, 2/. 55.-Great North of Scotland, 3/. 2s. 6d.
-Granton Junction, 2/. 'N.-Inverness and Elgin, 11. 15s.
-London and York, 41. 55.-North British, 24/.-Ditto,
Halves, 51. 10s.-Perth and Inverness, 21.-Scottish Cen-
tral, 13/. 10s.-Scottish Midland, 31.-Scottish North West-
ern, 1/. 135.-Stirling and Dunfermline, V. 10s. 6d.

ASSIZE INTELLIGENCE.
ORT.HE RN CIRCUIT.—York, Dee. 15.
(Before Mr. Justice ERLE.)
CHARGE OF MANSLA.UGIITER.—DEATH OF THE LATE
MR. BOTELER.—Thomas Wheatley, a young man 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 occurrence. It was reported that Wheatley intended
to keep out of the way, but the result has proved other-
wise, and this morning he was put to the bar to take his
trial.

Mr. Hall, Mr. Boothby. and Mr. Pickering appeared
,o 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 got some temporary
repair, the train proceeded thither, and 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 prisoner 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 dim."
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.
It had further been alleged, on the part of the prisoner,
that the rail was slippery, but as the engine he drove
was at the time proceeding up an incline, that circum-
stance, if true, 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 ,1
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 found the prisoner Not Guilty.

A verdict of Acquittal was then entered upon a seu".7h
indictment, in which the prisoner was charged 0;
the manslaughter of John Stubiis, the polico-otni
who died in consequence of injuries received upon
same occasion.

MIDDLESEX SESSIONS.
(Befcre Mr. Sergeant ADAMS, As3iSta/Lt•JUdgef -

Bench of Magistrates.)
On Wednesday, Charles Lewis, an Irish.wan, aged„,2li
was indicted for stealing a brass funnel, the properkl
Richard White.
In itself the case did not present any feature wortll
of a report, but that which arose towards the conc,lnsbio
of the examination of the principal witness, And 1,0
which followed, created no little astonishment in ft,u,,,"eir
were present, save the prisoner, his father, and
'-
witness.
red o'4

The evidence for the prosecution clearly prove,-
se,
the prisoner, who had progressed some considerable !el,
towards the attainment of a complete state of inteettl,of
tion, had, in the public-house of which the proseein
was the landlord, taken he funnel off the counter, risceer
it in his trousers, and walked off with it. He whesseg
course followed and taken into custody, but 111)°°
charged with the theft est, he denied first that he had sto
anything of the sort, and next that he had the fentni
about him. Upon being pressed, however, ulld be
subject, accompanied by a threat that he walled it
searched, he without any further hesitation pOlden_'o
from his trousers. Just as this part of the
against him had been given, els of
The prisoner, addressing the Court, seid, el
Lord, that is nothing at all ; I often do these stir me
things, but there is nothing in them. Only jqt c-n'
ask the witness a question, and I'll settle the whole
e,
cern at once.—(Loud laughter.) Now, then,
did I take that funnel as though I intended to srliao
Did I take it in anything like a surreptitious sire' pid
this, you know, as if I meant to walk off with it ?nid
I look as if I intended to commit a robbery ? , 'der'
mean to do a felony, do you think ; that's all ?'*--‘
newed laughter.) e bf
The witness, who appeared to be quite ayercore the
this torrent of questions, :aid, all he knew was th!`t
his
prisoner took the funnel, and, having hidden it let
this
trousers, had then gone off. He could not tell sybs„,st
intentions might have been, but for himself, he &ef the
o
they were directed towards the appropriation
funnel.
The Learned JUDGE observed that the act of the fee
Boner, he thought, pretty well bore out that opit6 ?
&
Now, prisoner, what have you to say in your defence I
The prisoner, who had previously asked for PLO
the depositions, at once said, " Oh, my Lord, 1
nothing of the sort; I'm not guilty of a theft. ringise,
to freaks. I'm all full of fun, innocent, harmless t
my Lord. That's all.—(Laughter.) Lord, I gag
Ireland, my own country, some time since, but it wgijeell
for fun, nothing else.—(Continued laughter.),
would
bless you, anybody who knows me knows that n this
despise any action that is bad. I might have takedeod
concern, and when asked about it then outbayeh
either that I had it or that I knew anything ne
and only for the pleasure of bringing it back theolight
day, and having a good laugh over the affsir. beee
have done that, but they spoilt the fun I sh°"; ssil
had. But, mind, I don't say it was so. I don (Much
took this thing; but it might have been sO,l things'
laughter.) Lord, I have often done these Orl
and lots of fun we've had." l°l
The Learned JUDGE—Then it is quite sustime one
should be stopped in such a career. Have you rilive 0.
to speak to your character? The prisoner' an
number of friends who would give me a fine, s 3 e,
cellent character. They will speak to my hei/v
gaff Oft
and good character; but
The father here stepped up and wished tat
his son could not have done this, for he was tie
mind. te tbst
The Learned JUDGE—The Court cannot listed_, epott
at this moment ; we must hear your ,statelne'
such a paint presently. fie
The prisoner—Oh, Sir, I don't wish to get -,;,.% jV
that score, you may depend upon it ; don't tm—
(Laughter.)
A publican in Wild-street then stated, that thbelbe
soner was a constant visitor at his house, 10,10, slit'
was in the habit of taking things away With "es toe'
bringing them back the next day. He soraetAi°
funnels, sometimes glasses, sometimes pots, and a 3 aseSres
The JUDGE asked the witness whether he P.- diets°
that he had placed himself in a condition to be °a OS
for compounding felony ?. He would recomlnelj pet:
not to say any more, but at once to
stalidd; t s httililt;
with regard to the jury, he was compelled to
he were to permit such testimony as that svhic toed
peered the father and the publican had come PreProaner
give, and clearly without any ground, for the V., con'
displayed all the cunning sharpness and tact able is to
try, it would become his painful duty then to lecativoe be
them to say whether they would acquit him he
the silt'
was of unsound mind. Surely, the father, and !u,
ness he had brought with him, could not know t.nt, the
were to happen that his son were to be acquitted um
ground which he had set up— Abeff ye
The prisoner—Oh, Sir, I don't wish to eh
that ground. I don't, indeed ; but it would su
disgrace if my friends knew I was in this placeo.o ,;
The Learned JUDGE.—The arilpner was cane en !elite
but he was about to say, that the father could not
ve.:o
known that the defence he had set up for his so
000",0
such that if it were successful it would cause thetenael,
imprisonment for life. The prisoner bad no pert to
and therefore it had become the duty of the 61°-1.01/14it
guard his interests. He could not, co-nseuentlyt :eras
this evidence to be proceeded with, especially 04 the
manifest that there was no foundation for it. is!';;nretlf
facts of the case, they were clear enough, and chwihsd
proved the theft. He did not believe one word tba.fest
been uttered by the publican. The jury would art It
their verdict upon a consideration of the evidence. hot
was quite clear the man was not of unsound mind ; ,14
if they should by any chance acquit him
.upon te
; I dol
t. ground,or
ife the result would be that he would be unprisoes"
The prisoner—Not by any means,
wish to get off upon that ground, and they have i!otli
tempted to set up such a defence. I very often ao '
sort of thing for fun. I'm fond of a freak. god
The Learned JUDGE was at a loss then to linder.bing
my Lord
what object the father could have had in saying anrose
upon the subject. However, he would leave the
now to be dealt with by the jury. but I/1
The jury at once returned a verdict of Guilty,
the same time recommended the prisoner to enerePseng
The prisoner then said it was a most dreadful
for him, with regard to his friends, to be in such s
tion. fere
The Learned JUDGE remarked, that his &len&
coo
aware of his position, because the father bed
forward. 1111°
The prisoner—Oh, but my father does not tell
one about it. He keeps it to himself.—(Laught°nlse re'
The Learned JUDGE ordered tee prisoner to hold
mended until the next session, and that inquiries ' 040
be made respecting his connexions and his previous°
of life.

EAST INDIA HOUSE.
(Continued from our Afternoon Edition of yestei7nion
Mr. G. THO3IPSON said that, after hearing the pinto
of the Learned Counsel, he should say nothing '1!,i00,
on that point; but he was so unconvinced by that t)r
that he should perhaps consult higher legal 031,,:c0n'
The lion. Proprietor then proceeded to revieW tP." Pis
duct of the East India Company, in relation to the.ooder
fof Sattara at great length, but there being ile,h:irntai
or any of the resolutions but the last, the t/P- tiong
declared the meeting to be adjourned,. the
C0'501311 ton
having been negatived unanimously. The ‘du
adjourned.
quest

Pg.
Loss or LIFE BY FIRE.--Yesterday An
diTavera'
was held before Mr. Baker, at the Coach and lieTrsecleJscerd:
Myddleton-street, Whitechapel, on the body of d es—satura
aged 85 years. The deceased was a Jewess,and
last she was left alone in a room in which was , P 7.0
and during the temporary absence of a female Ivo° by se'to
engaged to do the household work, her clothing ,00s
means caught fire. Her screams brought several P.Ted
her aid, who, with considerable difficulty, extilligroper °
flames, but not before her arms, face, neck, and ev-al
tion of her body were frightfully burned. She rrecidee''
after from the &acts of the injuries. Verdict,
death." ; f this
°
CHESTER CATHEDEAL.—The re•operhno a for
sacred edifice, which has been for some time elosesuedil,'
storation and improvements, is to take place on fesch "'-
January 6. The Lard Bishop of the diocese will P"
the occasion.

______------ T.
BIRTHS. gr.'
On the 14th inst., at Duncan-terrace, Islingtoll' ~
Begg, jun., of a son, still-born. aidi°l4
On the 15th inst., at St. George's-place, Mrs. D$ eo.
of a son. ;heft,

Spencer S
00:°10, a daughter. Tbou
On the 25th ult., at Florence, the lady of Morgan
Esq., of Gatehouse, Sussex, of a son.
Of Cl3lfiel
On the 12th inst., at Riverhead, Kent, the lad] 0,
R. Carter Petley, Esq., of a daughter. rk-gardep
On the 13th inst., at Gloucester-road,
the wife of Charles Charrington, Esq., of a son
On the 13th inst., the wife of W. H. Bonney, E3(.11 °
Buckingham, of a son.
g' Weicb,
On the 14th inst., at Brixton-rise, Mrs. -• A
of a sen. cc cho7;
On the 14th inst., at the Ranger's Lodge, T. i.„., o+ -
forest, Oxon, the wife of Charles Sidney Hawkins,'''
son and heir. erSP of
On the IGth inst., at Hendon, Mrs. John S. Taint'
A (laughter.
____---------

MARRIED. Jos1)11
On the 13th inst., at George-street Chapel, Oxford,
.kone,
Haynes, Esq.; of Lonsdale-square, Islington, to bbillnlll
onfr
third daughter of Stephen Westbrook, Esq., of 13e3-
street, Oxford. Walker'
On the 16th inst., at St. Pancras Church, James • miglv
Esq., to Loiiisa daughter of John Plower, Esq., of Ed!'"
street, Tayistock-square.

DIED. .
On the 15th inst., Sarah Sophia, only child of the late 1
Lewis, Esq., of Prospect House, Woodford,-Essex. ,_OO.,
On the 15th inst., at Fortess-terrace,
youngest daughter of. the late Edmund Darbb 6(1.'
Aston House, Herts. S. /.
On the 15th inst., at Bradninch, Devon, the Rev'.
es
Lott, incumbent of the same place... Franc
On the 11th inst., at Wardhouse, Aberdeenshire, Ahoose.
Kentish.town, Dui of
Margaret, daughter of the late C. Gordon, Esq., of "rar'-
On the 11th inst., at Clifton, Mrs. Guthrie, aged SO. ...el).
Oa the 12th inst., at Richmond, Margaret Alice, the you
est child of the Rev. G. Trevor. Tilist°ll
On the 12th inst., Catherine, relict of the late
Allen, Esq., of Ballingdon-grove, Sudbury, Suffolk•
On the 13th inst., at Brighton, Christopher Alderson
l‘i.
derson, Es re,
On the 4th inst., at the Vicarage, Prescot, Lane:obi
the Rev. Vero Gurden Driffield, aged 25.
____-.101

-ttelP7.l
London : Printed alai Published by MURDO YOl,l-Nuji9,
No. 112, Strand, Printer, at The Sun Office, -1. Hid'
Strand, in the Precinct of tie Savoy, itt the COO"
.5111‘144exp Tlinadays December 18, 1145.