The Sun.
London, England, 1845-03-14 00:00:00

THI-41 SUN, LONDON, FRID A Y EVENING, MARCH 14, 1815,

way. Various regulations were at different times made I
by the Company with reference to the carriers upon this
line, and one of them was, that the payments should be '
male by what was called " the trip," either from Lon-
don to Dover, or vice versa, and the plan was, that the
gross highest amount of tonnage, eitLer way, should be
paid for, and on the return no charge should be made by
the Company. It appeared to bo the custom of the
Company to allow the carriers a week's credit,
at the end of which time the accounts were
made up, and the gross amount carried each
way accurately ascertained, but in consequence of some
disagreement between the plaintiff and the Company,
relative to a sum of 1001., which they alleged he owed,
and w.liich he said was due from other parties whose
goods he had conveyed, the Company refused to give
him the usual week's credit, and insisted that he should
pay in advance for everything they carried for him,
undertaking to return him, at the end of the week, any
balance that might be in his favour through the arrange-
ment above alluded to. This state of things went on for
a short time ; but on the 11th of August, in last year,
the plaintiff haying sent his goad., as usual, from
London, paid for a quantity of three tons, at
the Bricklayers' Arms, or some of the other stations on
the line, and on his sending back a smaller quan-•
tity, some portion of which consisted of perish-
able articles, such as fish, &c., on the same trip, tho
railway authorities at the Folkston° station refused ►o
allow them to be carried on, unless he paid an additional
amount.- To this objection was made; but an offer was
given to deposit a sum of money, with a view to try the
question, if the clerk would allow the goods to be for-
warded to London ; but he refused, and the truck con-
taining the property was detached from the engine and'
left behind; the result being, that the whole of its con-
tents were destroyed.
Sergeant SHER, on behalf of the Company, took sevee
ral legal objections to the form of the declaration, refer-
ring to the different Railway Acts in support of his ar-
gument ; but the Court over-ruled them.
The Learned SERGEANr then proceeded to address
the jury. and said that in opening this case his Learned
Friends had designated the defendants as a set of spas
culators. lie was ready to ;admit that they were specu-
lators, but at the same time he must say that the specu-
lation which they had carried out was one of greater
benefit to the community than any that had ever been
brought forward by any other speculators in the history
of this country. It was true that they did expect some
benefit from their speculation, and obtain those rights.
and privileges to which they were entitled, and he con-
tended that they had done no more in this case than the
Act of Parliament under which the railway was esta-
blished, entitled the proprietors to do. lie then pro-
ceeded to comment upon the circumstances of the case,
and submitted to the jury that there was no ground for
the present action.
The LORD CHIEF JUSTICE briefly addressed the jury,
and expressed his opinion, that upon the form of the de-
claration in the present action the plaintiff was entitled
to a verdict, and that the Company hnving received the
rates of toll for th 6 larger quantity upon the trip down,
hid no right to make a further demand upon the journey
back to London. He therefore directed the jury to find
for the plaintiff
The jury returned a verdict accordingly. Damages,
45/. ls. Bd.

eated the whole of the prisoners in the transactions of the
fatal night or the 19th December.
The examination of the other witnesses for the prose-
cution was then proceeded with.

Joseph Hooper, a gamekeeper, regularly employed on the
Earl of Coventry's estates, and who was out with the'
watchers on the night of the affray, proved that the wafer •
tunate deceased was brought to his (Hooper's) house about
midnight, in an insensible state, and (as he described it)
a with his head beaten all to pieces."
Mr. Pritchett, surgeon, of Kempsey (near Croome), who
was called up to the deceased, was next examined, and his
evidence was followed by that of Mr. Pierpont, one of the
surgeons to the Worcesier Infirmary, where the deceased was
afterwards taken, who minutely described the nature of the
injuries which the deceased had suffered, and which caused
his death. The chief of these were severe fractures of the
skull, through which the brain protruded. The operation of
trepanning was performed at the infirmary, but Staite died
a day of two afterwards, without an interval of sensibility.
This, with the testimony of R. Temple, Esq., one of the
trustees of the infant Earl otCoventry, who was called to
prove Hooper's appointment under the trust, completed the
evidence for the prosecution.

Mr. GODSON then addressed the jury for the whole of the,
prisoners in a long and able speech. He contended that
there had been no evidence adduced throughout the whole
of the trial whiCh would go to prove the existence of such malice
afdrethought as was necessary to constitute the crime of
murde:r. Even it the jury considered that malice had existed
aforethought, they would then have to consider whether
there could be any malice implied by .the law why.di could
affect more than one of the ten prisoners at the bar.
LODDSHIP summed up in a very careful and compre-
hensive address to the jury, which was listened to with the
profoundest attention.
The jnry consulted together, and returned an unanimous
verdict of " (.lulty of Manslaughter" against the e, hole of
th© ten prisoners, Joseph Turco'', Samuel Turvey, Francis
Dingley, George Branti Thomas Hooper, John Cook. Joseph
Tandy, Thomas Collins, .William Cosnett, and William
Bronitield. _

iijS LORDSHIP said he would pass sentence to-morrow
ni?Re in'e'.ourt then adjourned until nine o'clock to-morrow
'morning.

UNIVERSITY INTELIGENCR.—OXFORD, MARCH 13.
—The Examiners appointed by the trustees of the Lusby
Scholarships have elected Mr. Frederick William Foster,
from Sheffield Grammar School, to the vacant Scholarship.

business of this session would be considerably increased, by the
immense number of railway Bills coming before Parliament•;
and it was this circumstance which had induced him to call
their attention to the subject at this early peri.id of the session.
If their Lordships adopted any new rules with regard to the
disposal of this private bus'nesf, he hoped they would du so
speedily, in order that the public might be fully warned of
their nature.

The Bill W 39 then read a second time, and their Lordshirs
immediately afterwards adjourned.

HOUSE OF CO 11 MONS, March 13.

The House resumed at Five o'clock.
The Bedford, Birmingham, and London Railway Bill was
read a first time.
It was reported to the House, on behalf of the Committee on
the Waterford and Kilkenny Railway, that the standing orders
might be dispensed' ith.
D IRTMOUT II ELECTION.

The following- Members were sworn in as a Comm;t'eo to
try the merits of the petition against the return of Mr. Somes :
—Mr. Pakington; chairman, Mr. llayter, General Lygon, Mr.
Parker, and. Mr. Darby.
CO INWALL RAILWAY.

Sit J Y. BULLER presented several pAitions against the
Cornwall Railway Bill.
POST-OFFICE ESPIONAGE.

Mr. SHEIL begged leave to ;resent a petition from Signor
Palliotti, in reference to the transactions connected with
the Government opening of letters addressed to
foreigners resident in London. The petition was one
of some length, and the petitioners declared that they
had found it impossible to reconcile the treatment of
the Bandieras with the declarations of her MajestO Govern-
ment, for this reason-mat the letters were opened in the Lon-
don Post-office, at a time, mud under circumstances totally at
variance with the statements of the Government. The
petitioners' then went on to state that the Bandiera party
were in Corfu in April, I t 341 ; that they were in Calabria on
the Bth of_ May. 1844, and from thence until the month of
July ; hut then, if the Government assertion be correct, it would
be difficult to understand how they could reconcile the opening of
those letters with the alleged fact that they were ignorant of this
meditated descent, and, therefore, of all participation in the mur-
der of the s x persons who had been executed at Bolovna. On
these grounds the petitioners argued that the English Go-
vernment were participators in this perfidious conduct, and
prayed that a law should he introduced on the subject.
CHARITABLE BEQUESTS ACT (IRELAND).

Mr. SHEIL also presented a petition from a parish in the
County of Down, aga►nst the Charitable Bequests Bi 1.
Mr. B. ROCHE presented a petition to the same effect
from the County of Sligo-