Norfolk Annals
Chapter 141 : The defendant entered a plea of not guilty, and alleged that the plaintiff was not pos

The defendant entered a plea of not guilty, and alleged that the plaintiff was not possessed of the lands. The hearing of the case occupied four days. The Judge, in summing up, directed the jury to decide whether the damage was caused to the plaintiff by the absence of due care and skill on the part of the defendants, (1) in respect of the making of the sluice; (2) in respect of maintaining the sluice; (3) in respect of providing remedies against mishap after the sluice was destroyed; and (4) was damage caused to the plaintiff by reason that no puddled wall was made along both banks of the cut? The jury found for the defendant on the first point, and for the plaintiff on the other three points. In the Court of Queen's Bench, on April 18th, Mr. Fitzroy Kelly moved for a rule calling upon plaintiff to show cause why the verdict should not be set aside and entered for the defendant, on the ground of misdirection, and that the verdict was against the evidence.

Lord Chief Justice c.o.c.kburn said the Court would grant a rule upon the question of law involved, but not as regarded the evidence, because their lords.h.i.+ps found that Lord Chief Justice Erle was satisfied with the verdict. The case was again before the Court of Queen's Bench on November 19th, and, alter two days' argument, was ordered to stand over until the next term. (_See_ January 21st, 1864.)

FEBRUARY.

16.-Charles Mower, the Dereham pedestrian, ran a one-mile match for 50 a side, with Edward Mills, of London, the six miles champion, on the Brampton Pedestrian Ground. Mower was a runner of considerable repute.

His best performance was at Salford, in December, 1860, when he defeated Allison for the champion cup, running the mile in 4 minutes 24 seconds, the ground at the time being covered with snow. In his match with Mills he was beaten by 20 yards, in 4 minutes 34 seconds.

MARCH.

3.-The Norwich Poor-law Amendment Bill was considered by a Committee of the House of Commons. Its object was to repeal the Act pa.s.sed in 1831, "for the better management of the several parishes and hamlets of the city and county of the city of Norwich"; to subst.i.tute another body for the Incorporation of Guardians; and to introduce certain clauses for the equalisation of the rates between the city and hamlets; and for the inclusion of the Cathedral Close, which was not then within the jurisdiction of the Guardians. The Bill pa.s.sed through Committee on March 12th, and was directed to be reported to the House. The last meeting of the old Court of Guardians was held at the Guildhall, Norwich, on October 6th, and its existence as a corporate body expired on the 22nd, when the new Board was elected. Prior to the election, a meeting, presided over by the Mayor (Mr. Patteson), was held, at which was pa.s.sed a resolution to the effect that, "considering the excessive poor-rates which have pressed upon this city for so many years, and the abuses which have sprung up in the administration of the Poor-law, it is inc.u.mbent upon the ratepayers to sink party and other differences and co-operate for carrying out the new Act with integrity and impartiality."

10.-Great rejoicings took place in city and county, in celebration of the marriage of H.R.H. the Prince of Wales. The streets of Norwich were gaily decorated, and the day was observed as a general holiday. A parade of the troops, namely, the 5th Royal Irish Lancers, the 1st Norfolk Light Horse, the enrolled pensioners, the staff of the West Norfolk Militia, and the Norwich Battalion of Rifle Volunteers, took place on Major Middleton's field on Ipswich Road. "All the troops wore wedding favours of uniform pattern." After the review a _feu de joie_ was fired in the Market Place, where the members of the Choral Society sang, "G.o.d Bless the Prince of Wales." The military were entertained at luncheon in a marquee erected on the parade-ground at the Militia Barracks; the Sheriff (Mr. Colman) gave a dinner to the aged poor, at St. Andrew's Hall, and 14,403 Sunday school children were entertained. At night the city was illuminated, a firework display took place on the Castle Meadow, and the proceedings concluded with the lighting of a huge bonfire opposite the s.h.i.+rehall. Similar celebrations took place at Yarmouth and Lynn, and festivities were held in all the smaller towns and villages in the county. At a special meeting of the Norwich Town Council on the 12th, congratulatory addresses were voted to the Queen and to the Prince and Princess of Wales, and it was announced that many of the textile manufacturers had decided to present to her Royal Highness articles of home manufacture. The citizens gave the famous "Norwich Gates" exhibited at the Great Exhibition, which were purchased by public subscription and afterwards erected at Sandringham. A county meeting was held at the s.h.i.+rehall on the 14th, and congratulatory addresses adopted. Their Royal Highnesses arrived at their Norfolk home on March 28th. At Lynn railway station the Mayor (Mr. L. W. Jarvis) presented an address, and from Wolferton station to Sandringham the Prince and Princess were escorted by the Norfolk Light Horse, commanded by Capt. Hay Gurney, and by a large body of mounted tenantry.

12.-Died at Brentwood, Mr. Edward Taylor, professor of music at Gresham College, London, aged 79. He was a native of Norwich, and a son of Mr.

John Taylor, who occupied a prominent position in the city as a wool and yarn factor, and displayed considerable literary and musical abilities.

Mr. Edward Taylor had been many years resident in London, but he constantly attended the Norwich Musical Festivals, in the establishment of which he took a leading part, and was a frequent vocal performer. He was a pleasing composer, and some of his songs met with deserved appreciation.

16.-Professor J. H. Pepper lectured at Noverre's Rooms, Norwich, on "Optical Illusions," and for the first time exhibited in the city the now well-known illusion, "Pepper's Ghost."

19.-The Yarmouth Gas Bill, the object of which was to incorporate the Great Yarmouth Gas Company and to make further provision for lighting the town and certain neighbouring places with gas, was considered by a Committee of the House of Lords. The Bill was read a third time in that House on the 24th, and pa.s.sed.

29.-Died at Wakefield Lodge, Northamptons.h.i.+re, his Grace the Duke of Grafton. He was the eldest son of George Henry, fourth Duke, by Charlotte Maria Waldegrave, second daughter of James, second Earl Waldegrave and Maria, who afterwards became d.u.c.h.ess of Gloucester. Born on February 10th, 1790, he married, on June 20th, 1812, Mary Caroline, third daughter of Admiral the Hon. Sir George Cranfield Berkeley. He represented Bury St. Edmund's from 1826 to 1830, and had a seat in the Lower House for Thetford from 1834 to September, 1844. By his death, his eldest son, the Earl of Euston, M.P. for Thetford since 1847, inherited the family honours.

31.-A remarkable charge of abduction was tried at the Norfolk a.s.sizes, before Mr. Justice Williams. Frederick Burrell (21), a clerk employed at the Royal a.r.s.enal, was indicted "for having, from motives of lucre, fraudulently allured, taken away, and detained Jane Burrell, a person under 21 years of age, she having a present legal interest in certain real estates in Norfolk, out of the possession and against the will of her mother, Mary Ann Hyder, and her guardian, William Silver Hyder, with intent to marry her, on January 20th, 1863." Henry Richard Burrell, his brother, was indicted for aiding and abetting. The defendants were uncles of the girl, who was the daughter of the eldest son of one Daniel Burrell, who died without a will. As the eldest son died during Daniel Burrell's lifetime, the daughter became possessed of all his freehold property. The girl left school at Norwich at Christmas, and went to Fakenham, but instead of staying with her mother and stepfather, went to the house of Henry Burrell, and on January 19th left for London with Frederick Burrell. The next day they were married at Plumstead, near Woolwich, the marriage licence obtained by Frederick Burrell being, it was alleged, "full of the grossest perjury." The jury returned a verdict of guilty, but sentence was deferred, pending the argument of certain points before the Court for the consideration of Crown cases reserved.

The defendants, on April 25th, appealed against their conviction, and the Court, after hearing arguments, reserved judgment. The case came before the Court for the consideration of Crown cases reserved, on November 24th. Their lords.h.i.+ps were divided in opinion, not upon any question of law, but upon the facts of the case. Judgment was delivered upon the opinion of the majority, who held that the facts did not bear out that which was necessary to sustain a prosecution, and therefore, "with very great regret," they quashed the conviction.

APRIL.

5.-Died at Chester Terrace, Regent's Park, London, Mr. John Taylor, F.R.S. Born at Norwich on August 22nd, 1779, he was trained as a land surveyor and engineer, and in 1798 was invited to take the management of a mine near Tavistock. It proved very profitable. In 1803 he projected and commenced the Tavistock Ca.n.a.l, of which about three miles were tunnelled through a granite hill. The execution of this work led to the discovery of two other mines, which produced large quant.i.ties of copper, and yielded considerable profits. The success of these and other mines in the neighbourhood of Tavistock, in Cornwall, and in the North of England, brought Mr. Taylor into great repute as a mining engineer. He was the author of several useful papers on mining, and one of the first to propose the formation of a Mining School; he was, too, one of the earliest Fellows of the Geological Society, and for many years acted as treasurer and vice-president. In 1825 he was elected a Fellow of the Royal Society, and was one of the founders of the British a.s.sociation for the Advancement of Science, of which organization he was treasurer until 1862. An excellent portrait of Mr. Taylor was painted by Sir Thomas Lawrence in 1825, and afterwards engraved by Charles Turner. Another portrait was painted in 1861, by Mr. Sydney Hodges.

6.-Madame Celeste commenced, at Norwich Theatre, a short season, during which she appeared in a round of her favourite characters.

20.-The nomination of candidates to contest the seat rendered vacant by the elevation of the Earl of Euston to the House of Lords took place at Thetford. Lord Frederick John FitzRoy and Mr. Robert John Harvey Harvey were proposed. The poll was opened on the 21st, and resulted as follows: FitzRoy, 93; Harvey, 81. There had been no contest at Thetford for twenty-two years previously.

MAY.

1.-Died at his residence, Newmarket Road, Norwich, aged 63, Mr. Isaac Wiseman, who served the office of Sheriff in 1830.

6.-The Mayor of Norwich (Mr. H. S. Patteson), as captain of the Second Company, Norwich Battalion Rifle Volunteers, was presented by the members of the company with Mr. Claude L. Nursey's original painting, "The Officers of the Norwich Battalion," in recognition of "his zeal in the Volunteer cause and of his courtesy to those under his command."

9.*-"Challenge: Thomas Jessup, of East Harling, now in his 102nd year, is willing to walk against 'Father Time' or any other man of the same age as himself now living in England or elsewhere, a fair toe and heel match, without the aid of stick, crutch, or other auxiliary. The one doing the greatest distance in one day (or in a month, if preferred) to be ent.i.tled to the stakes, which can be made for any sum not exceeding 50 a side."

11.-At Norwich Police Court, Mr. Edward Manning, of London Street, and Mr. William Edwards, of Sprowston, were summoned for a.s.saulting Jonas Dye, of Pockthorpe, in contesting the question of common rights on Mousehold Heath. According to Mr. Simms Reeve, who appeared for the prosecution, the Dean and Chapter of Norwich owned the Heath, and the people of Pockthorpe, whether they had the right or not, claimed common rights. The Dean and Chapter did not dispute those rights, and the people not only used the Heath themselves, but let it to others to graze their cattle, to take turf at so much per hundred, and gravel at so much per load. The revenue formed a common fund, managed by a committee elected each year at a public meeting, at which the clergyman of the parish presided. The defendants contested these rights, and liberated stock which had been impounded. The Town Clerk (Mr. Mendham) objected to the magistrates' jurisdiction, under 6th and 7th Vic., cap. 30, which provided that no justice of the peace "should hear and determine any case of a.s.sault or battery in which any question should arise as to the t.i.tle of any lands, tenements, or hereditaments, or the interest accruing therefrom." The magistrates dismissed the case.

26.-A dreadful accident occurred at Yarmouth. Two negro vocalists, named Charles Marsh and Henry Wharton, attended the Whit-Tuesday sports on the South Denes, when the former proposed that they should ascend the Nelson Monument. The other agreed, and the ascent commenced, Marsh performing "G.o.d Save the Queen" upon his violin, and Wharton playing a banjo accompaniment. Arrived at the summit, Marsh, who added to his other accomplishments that of a posturer, scaled the stone fence on the platform, and, seizing the lightning conductor, climbed upon the emblematic figure of Britannia and there remained for ten minutes, singing and waving his hands to the crowd beneath. In descending, he was compelled to stoop head foremost to grasp the handle of Britannia's trident. From some cause he slipped, fell upon the plinth, and thence rebounded into s.p.a.ce, falling with arms outstretched to the base of the column, a depth of 144 feet. His death was instantaneous.

27.-The official celebration of the Queen's birthday at Norwich was observed as a half-holiday. A review of the military took place on Mousehold Heath, when colours, given by Mr. R. N. Bacon, were presented to the Norwich Battalion of Rifle Volunteers by the Hon. Mrs. F. Walpole.

The regimental colour was received by Ensign Steward, and the Union Jack by Ensign Hansell, after which there was a consecration ceremony by the Rev. T. Clarke. The first-named colour bore the motto, _Gloria virtutis umbra_, in the centre, with the city arms and the name of the corps-1st City of Norwich Rifle Volunteers. The groundwork of the flag was green, and the armorial bearings and inscriptions were encircled by a floral border in gilt.

28.-Died at Edinburgh, aged 52, Mr. Archibald Dalrymple, F.R.C.S., formerly surgeon to the Norfolk and Norwich Hospital.

JUNE.

4.-Four specimens of Pallas's sand grouse-one male and three females-were shot at Waxham, by the Rev. Mr. Wheeler and Mr. Gibbs. On the 8th a fine male specimen was shot on Yarmouth Denes, near the old battery; and on the 9th and 10th a flock of about forty of the birds appeared upon Horsey beach. A pair was killed on t.i.tchwell beach on the 10th, and another pair at about the same date in the adjoining parish of Brancaster.

Altogether twenty-six specimens of these rare visitants from the Kirghis steppes of Tartary were procured in the county, and all were found either basking in the sands or feeding in gra.s.s fields close to the sea sh.o.r.e.

13.-At the sale of the Rev. John Gilbert's property, by Messrs. Spelman, at the Norfolk Hotel, Norwich, a farm of forty acres realised 2,600, and the Church Farm, of forty-nine acres, at Heckingham, was sold for 2,000.

17.-The show of the Norfolk Agricultural a.s.sociation took place at Yarmouth, and was the most successful of the exhibitions yet held.

22.-The 5th Royal Irish Lancers marched from the Cavalry Barracks, Norwich, for Aldershot, and a few weeks later sailed for India.

JULY.

1.-A fine barque of 410 tons, named the Egbert, was launched from the s.h.i.+pyard of Messrs. Fellows and Son, Southtown, Great Yarmouth.

2.-The Second Administrative Battalion of Norfolk Rifle Volunteers, numbering 22 officers, 30 non-commissioned officers, and 260 rank and file, encamped at Langley Park, the seat of the Colonel-Commandant, Sir Thomas Proctor Beauchamp, Bart. This was the first Volunteer camp formed in the county. "Fifty camp tents, borrowed from the War Office for the occasion, were pitched in rows beyond the parade-ground, and in these the Volunteers encamped for the night, a plentiful supply of straw being provided for them." The First Administrative Battalion encamped at Gunton Park, from July 22nd to 25th, and the Dereham and Wymondham Companies formed a camp at Letton Park, on September 22nd.

6.-A shocking accident occurred at Burgh Water Frolic. A large wherry, named the Ruby, belonging to Mr. England, of Limpenhoe, had been chartered for the day by a Yarmouth publican, and was crowded with pa.s.sengers both above and below the hatches. The craft was sailing to the _rendezvous_, and when between the d.i.c.key-walk and the Cross-stakes, the Red Rover, a famous yacht, was sighted coming full sail down the river. The pa.s.sengers rushed hurriedly from the larboard to the starboard side of the wherry, to watch her progress, and those beneath the hatches protruded their heads and necks over the gunwale. The stanchions, unable to resist the sudden strain, gave way, and the hatches falling, came with terrific force upon the heads and bodies of the persons below. Two men, named Charles Aldis Rushmer and James Tripp, had their necks dislocated and skulls fractured, several persons sustained minor injuries, and others were thrown into the water, but were rescued by boats.

14.-The Channel Fleet of eight s.h.i.+ps of war, under the command of Rear-Admiral Dacres, arrived in Yarmouth Roads. The total number of men on board was 4,800. The Fleet weighed anchor on the 18th, and sailed for the Downs.

15.-The Maharajah Duleep Singh, the new owner of the Elveden estate, arrived at Thetford for the purpose of inspecting the property. The church bells were rung in honour of the ill.u.s.trious visitor. On November 21st it was announced that the Maharajah made almost daily excursions in pursuit of his favourite sport of hawking, and that a pack of hounds had also arrived at Elveden.

16.-A serious fire occurred at East Dereham, on the premises of Mr.

William Hubbard, builder. It resulted in the total destruction of the large workshops, and entailed a loss of about 2,000. An adjacent warehouse was stored with 400 worth of goods belonging to Mr. E. Smith was also destroyed. Furniture and goods were hastily removed from adjoining houses and placed in the Corn Hall; the tenants of Mrs.

Dingle's cottages suffered great loss from their articles being broken or stolen. A public subscription was made to recoup Mr. Hubbard's workmen the loss of their trade tools, valued at about 130; and on August 10th, at a meeting of the townspeople, a fire brigade was organized. The origin of the fire was never discovered. A groom in the employment of Mr. Hubbard was apprehended upon suspicion, but was discharged for want of evidence.

30.-Died at his residence, Town Close, Norwich, Mr. Samuel Shalders Bears, aged 76. He was for many years prominently connected with Norwich, both as a man of business and as a member of most of the leading inst.i.tutions, charitable, literary, and political. In 1829, under the old Corporation, he was elected Sheriff, and in 1837, under the new _regime_, he served the office of Mayor. Mr. Beare was senior magistrate on the Norwich Bench, and was upon the commission of the peace for the county of Suffolk.

AUGUST.

3.-A dreadful railway accident took place upon the newly-opened line between Lynn and Hunstanton, by which five persons were killed and between twenty and thirty seriously injured. The accident was caused by the over-running of a bullock which had strayed upon the line. At the inquest, on August 13th, the jury returned a verdict of accidental death, and called attention to the insufficiency of the fences provided by the Great Eastern Railway Company. The amount paid by the company in claims and compensation exceeded, it was stated, the sum of 10,000.

12.-The completion of the restoration of St. Andrew's Hall, Norwich, was celebrated by a dinner given at the hall by the Mayor (Mr. Patteson).