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THE WAR IN THE EAST.

GENERAL NEWS. I

THE MURDER OF A SURGEON IN…

SENTENCE ON LIEUT. AUSTIN,

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SENTENCE ON LIEUT. AUSTIN, THE LATE GOVERNOR OP THE BIRMINGHAM GOAL. COURT OF QUEEN'S BENCH, SATURDAY, Nov. 2-1.- Lieut. Austin was this afternoon brought up to receive judgment. After Mr. Justice Coleridge's notes of the trial, and the affidavits in mitigation and in aggravation of punishment had been read, Sir Frederick Thesiger. Q.C. (with whom were Mr. Kettle and Mr. Willis), was heard in mitigation of punishment, and the Attorney- General (with whom were Mr. Mellor, Q.C., Mr. Hayes, and Mr. Bittleston) was heard in aggravation. The Judges present were, the Lord Chief Justice, Mr. Justice Erie, and Mr. Justice Coleridge.—Mr. Justice Coleridge, in passing sentence, said the defendant had appeared be- fore the Court on two indictments, on one of which he had been found guilty. He was charged with great in- humanity in carrying out the discipline of the gaol. With regard to what had been called the common law power of the gaoler to enforce discipline, no doubt that existed, but it should be exercised with moderation, though with firmness. When a person undertook a duty similar to that of the defendant, he should bring proper knowledge with him, and when he pleaded ignorance, there was no difficulty in obtaining information, for by the Act of Parliament rules had been laid down by the Secretary of State, both as to his jurisdiction and the nature of the punishments to be inflicted, and he had nothing to do but confine himself within those limits. He was afraid he had applied to young undisciplined lads a kind of punishment which led to most fatal results. The Court, however, could not forget that he was placed over a large number of unruly and violent persons, and they took into account the difficulty of his position. They were further satisfied that, from his high character during a number of years, and the statement in his own affidavits, deliberate cruelty and inhumanity were never conceived by him and that, if he had erred in carrying out the duties entrusted to him, it was to be attributed to zeal in the discharge of his duties, and perhaps also to a feeling that he was the successor to one who had been too lenient for the purposes of the discipline of the prison. Taking into consideration all these circumstances of the case, the sentence was that he should be imprisoned in the Queen's Prison for three months, among the first class of misdemeanants.

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IEFFECTS OF RAPID PROMOTION.

DR. DAVEGX

GARDEN 0 P E H. A T ION S,…