for publishing what he admitted were false accusations:
he solemnly promised never to repeat the offence. Mr.
Clarkson hoped that the prosecution would be contented
with holding the prisoner to bail to appear at any time
to receive judgment if he again offended. The Attorney-
General assented; but he thought it right, as the libels
had been widely circulated, to read a statement signed
by the prisoner, declaring that each and every
imputation made by him on the Onslow, Chamberlayne,
and Berkeley families was "utterly false and destitute
of foundation." Mr. Meara entered into his own
recognizances in £1000. and was discharged.
A Shocking Murder has been committed at a place
called Lype, in the parish of Cutcombe, near Dunster,
on the old Minehead-road. The victim was a fine girl
about eleven years old, named Eliza Coles, who lived
with her mother, a widow, and her brother, a youth
of about eighteen, in a lonely house, part of which was
also occupied by an aged woman named Norman. In
the neighbourhood was a barn, which had not been
used for many years. The mother of the poor girl left
her house on the morning of the 8th inst., to go to
work, and shortly afterwards the son also went to his
work at a neighbouring quarry, the girl being left at
home. About 10 o'clock the old woman, Mary Norman,
saw the girl sitting on one side of the fire-place, while
a man named James Bailey, who lived at Luxborough,
was seated on the other. She was not seen alive after
that time. About 11 o'clock a man named Sedgbeer,
who was working opposite the entrance to Lype, saw
Bailey advancing towards the place at which he
(Sedgbeer) was, in a hurried manner; and on arriving
at the spot where he stood he observed that Bailey was
labouring under some excitement. Bailey then went
to the quarry at which the girl's brother was working,
and remained there, occasionally working for a short
time, during which he partook of Coles's dinner. At
4 o'clock Bailey left the quarry, and soon afterwards
he called at the cottages at Lype, and inquired if "the
old woman (Coles) or any of them" had returned?
Mrs. Norman replied in the negative, and he then went
away. About 7 o'clock the boy Coles returned, and
missing his sister, he went to meet his mother, who
returned with him and made inquiries for the poor
girl at some neighbouring cottages. Failing to obtain
any information they searched their own premises, and
ultimately the barn, the door of which they found
closed. The mother went in, and on going to a dark
part of the barn she discovered the lifeless body of her
child. She carried the body to her house, and then it
was seen that her throat had been cut in a most horrible
manner. Information having been given to the
constables, they went to the house of Bailey's father, who
lives at a short distance from the cottages. They found
the son in bed, and having stated that they were come
to take him into custody on a charge of murder, the
prisoner exclaimed, "I didn't murder her;" but he admitted
that he had been at the house on his way from work, and
stated that on his leaving she accompanied him a short
distance, and then returned. On him was found a knife,
which was of course taken from him. On examining
the barn, blood was found on some ashes near the
door, and also part of a buckle strap, which was
identified as belonging to the prisoner; the other part was
found upon him. Near the barn is a stream of water,
and a little beyond this from the barn, was discovered
a foot-print, which corresponded with one of the
prisoner's boots. This mark was in a place which
a person would pass over in proceeding from the barn
to the spot at which the man Sedgbeer was when the
prisoner went towards him. On examining the prisoner's
clothes, blood was found in different parts, which had
been partially washed out. On the girl's body being
examined, marks of two severe blows were found on the
top of the head, and also the mark of a violent blow over
the left eye. There were two stabs in the neck, one
on each side, and these correspond with the blade of the
knife found on the prisoner. There was a horrid gash
right across the neck, from left to right, which divided
all the principal parts, down to the bone, and at the
bottom of this cut was the mark of another stab, between
two of the vital vertebra; or neck bones. From the
appearances there could be no doubt that the murderer
first stunned his victim by striking her on the head,
and then dragged her to a darker part of the barn,
where placing her head on one of the stone sleepers,
he completed the horrid crime. The prisoner was
brought before the magistrates of the district, and fully
committed for trial; and a verdict of wilful murder was
also returned by the coroner's inquest.
An action of ejectment, to Recover Possession of Her
Majesty's Theatre, was tried in the Bail Court on the
8th inst. The plaintitts were Mr. Hughes, an attorney,
Messrs. Lyons and Barnes, also attorneys, and Mr.
Storer, a gentleman of fortune. The defendant was
Mr. Lumley, the late lessee and manager of the Italian
Opera House. The plaintiffs had separately recovered
judgment against Mr. Lumley. They all issued writs of
extent, and had all joined in bringing this action. The
question was as to which of the plaintiffs would be
entitled to succeed. Hughes had just registered his
judgment for £1,143. 10s. in the Common Pleas on the
10th of August, 1852, and in Middlesex on the 11th of
May, 1852; Storer registered his judgment for £2,569. in
the Common Pleas on the 22nd of July, 1852, and in
Middlesex on the 4th of January, 1853; Lyons' and
Barnes' judgment for £22,482. was registered in the
Common Pleas on the 18th of December, 1852, and in
Middlesex on the 20th of December, 1852. The writs
were delivered to the sheriff, by whom they were retained
until the 26th of January, 1853, when they were all
executed on the same day, according to the priority in
which they were delivered to him, without notice to
Lumley, and in his absence. The inquisitions were all
in the same form, stating that when Hughes's writ was
issued there were no other writs in the office. It was
argued for the defendant that Mr. Hughes was not
entitled to recover in this action. The first question was
whether the three plaintiffs, or which of them, would be
entitled to recover, and that would depend upon the
meaning to be put upon the statute of 1st and 2nd
Victoria, c. 110. Hughes's case stood in this form: his
judgment was registered on the 10th of August, and
Storer's on the 22nd of July. Thus it would appear
Storer's judgment must have priority, and in that case
it would be the duty of the sheriff to have executed
Storer's writ before Hughes's. The sheriff had not
delivered possession to Lyon and Barnes, in consequence
of Hughes and Storer having a previous possession. A
great deal of discussion having taken place, it was
eventually agreed that a verdict should be taken for the
plaintiff Hughes, with leave to the defendant to set
aside or alter the verdict.
Two cases establishing the Non-liability of Railway
Companies in Certain Cases where the Carriage of Goods
is concerned, have just been decided by the county
court judges. The plaintiffs in the first case, Messrs.
Benson, of Huddersfield, brought an action for £6. 18s. 6d.,
against the London and North Western, the alleged
value of a quantity of cheeses consigned by a house in
Manchester, and which were delivered crushed and
damaged; but as it was not clearly shown that the
damage occurred upon the railway, or from wilful
neglect, the plaintiffs were declared nonsuited. In the
second case, the action was against the Edinburgh,
Perth, and Dundee Railway Company, for £6., owing to
detention in the delivery of goods in London, and booked
by the company, the court deciding that the company
were not liable, unless it could be shown that the
detention took place on their own line.
The strike of the colliers and factory-workers in the
north was attended with Disgraceful Riots at Wigan.
On the afternoon of Friday, the 28th ult., the day of
the first outbreak, the coal-owners met as usual at the
Royal Hotel. For upwards of a month the coal-miners,
4000 in number, had been unemployed, and the factory
workers, 6000 in number, for more than six weeks.
While the masters were deliberating under the
presidence of Mr. Peace, the agent of the Earl of Balcarres,
a great crowd were awaiting their decision in the streets.
The men, it is said, were ready to take half the rise
they demanded; and they heard with dissatisfaction
that the masters had decided to throw open their pits
for a fortnight, so that the men might come in and
work at the old rates if they chose. The market-place
was full of people; there was an annual fair going on;
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