The Express. — London, England, 1866-05-04 00:00:00

. . stoncal tette , of he East. Ismenfoi l librarir literary le collect Id for re , Central I by the Diodorus ch states ich have open to r learned I cos t of TO TITS bo k sy to, month of 037 ware 136,290, )orinno 2 . 1 but 30 1 :tb. breed. and tb6 ion edgr a ro on *Ow LATEST INTELLIGENCE. GsgitLiNY AND ITALY.—TTIE PREPARA TIONS FOR WAR. A despatch from Troppan, in Moravia, dated bisy 2, says TW regiments of the Emperor, No. 1, and Archduke c o des, and the 28th battalion of Chasseurs, are expected b o on tomorrow and the following days. The college Lo t profession schools have been closed for the purpose of l o ving the troops. Depots of troops have been formed in his, Moravia, and Austrian Silesia. An imperial ol die of April 30 calls in all the men on leave who have not b o o ten years in the servioe. The order applies to the pl aices bordering on Prussia. The Volkseitung reports that an order was issued on the 2nd instant, ordering the mobilisation of the wire Prussian army. The Nazione of Florence, of May 1, says it has boo assured that a commission for the organisation o f c adres of volunteers has been appointed ; that m oral deputies, and amongst them Cairoli, would fob part of the commission. The Florence correspondence of the A venir National m is that in several of the principal towns of the kingdom commissions are organised which are to be in direct communication with General Garibaldi for the enrolment of volunteers. It adds that Admiral Persano was sent for in great haste to Turin, and after a long conversation with the King was to leave at once for Ancona, to take the com mand of the fleet which is to operate in the Adriatic. The Patric gives the following from Venetia, under date of April 29 : Austria is placing herself in a state of complete defence in the Quadrilateral. Troops are arriving from all points, and, without neglecting Peschiera and Legnano, the mili tary authorities are storing more especially in the fortresses of Verona and Mantua their war material and applies. The artillery of Verona consists of inure than five hundred cannon in battery, besides spare grins. independently of the advantage of being connected with the centre of the empire by means of the Tyrol, Verona could, with its actual resources, sustain a siege of a year at least. Mantua is, in a certain sense, even stronger than Verona. It can only be reduced by investment, and that by a large army, as the garrison of Mantua is estimated at 30,000 men, with war material and provisions for a year. The fortress is wholly surrounded by three lakes and artificial dykes. Two of these have already been laid under water, and the third, which was kept dry in 1859, is, it is said, going to be submerged. The authorities have already given notice of this to the inhabitants. Finally, at all the main points between Verona and Mantua the Austrians have erected redouts and entrenchments, which will be strongly armed. The Quadrilateral is, therefore, an immense entrenched camp, where all the ad. vantage will be on the side of the defence. The following extract is from the Prorincia of Turin : The calling out of the classes will produce 130,000 fighting men. These, joined to the 206,000 comba tants already under arms, will give a very respect able force. This army, with • the year's contin gent and the other classes, might be raised to 400,000 men. The war is considered certain and close at hand. Baron Ricasoli is spoken of for the direction of affairs when General La Marmora enters on campaign. The news from all the provinces is excellent. The Bank of Naples has taken the initiative of making a large and advantageous offer to the government in case of war. • • -- The Indipendanee says :—" The war between Austria, Prussia, and Italy, is advancing a grands pas. It will soon be a question of days and hours." The Florence correspondent of the same journal says it has been decided to call upon Garibaldi, and believes that General Corte has gone to Caprera for that purpose. On his arrival on the continent he would be surrounded in twenty-four hours by 30.000 volunteers. On the Ist of May the soldiers will receive war pay. (REUTERS TELEGRAMS.) AUSTRIA AND PRUSSIA. VIENNA, MAT 3, Evrima. The rumour was current to-day that the reply of Prussia, declining the latest proposals of Austria, arrived yesterday in Vienna. The official A bendpost of this evening declares that the reply has not yet been presented to the Austrian Government. VIENNA, MAT 4. Reports of mediation continue to circulate. The Russian Ambassador at Berlin has presented to the King of Prussia an autograph letter of the Emperor of Russia, in which reference is made to the family relations existing between the Emperor and the various German princely families whose existence he would be forced to defend should it be threatened. Lord Bloomfield is said to have declared to Count Mensdortl that should Austria renew any peaceful offer to Prussia, it would be energetically supported by England at the Prussian court. All tho Vienna papers consider it certain that war will break out in a few days. An ordinance of the Minister of War has been published ordering that the new conscripts shall be immediately enrolled into their regiments. The appointment of General Benedek as commander in-chief of the army of the north is daily expected. The armaments of Austria oontinue. Many foreigners havo left Venice. . A telegram from Prague announces that all port able church property, as well as the valuables of the ex-Emperor Ferdinand, have been sent to Vienna. PRUSSIA AND SAXONY. DRESDEN, MAT 4. It is stated that the Saxon answer to the last note of the Berlin Cabinet declares that in view of the notorious probability of war it was not safe for Saxony to allow herself to be surprised by events. Should guarantees for the preservation of peace be given Saxony would discontinue her military preparations. DECLARATIONS OF THE AUSTRIAN AND ITALIAN GOVERNMENTS. FLORENCE, Max 4, Nom. _ _ _ _ It is confirmed that Austria has declared her readiness to replace her army in Venetia upon a complete peace footing, if Italy has no intention of attacking that province. The Italian govern ment, in replying to this declaration, repeated that its armaments were purely defensive, and that Italy has no intention of taking the initiative in hostilities. AUSTRIA AND HUNGARY. Pg3TH, MAT 4. SPAIN. A rumour is current that Herr Deak has been summoned by the Emperor to Vienna in reference to proposals for a more speedy settlement of the Rungarian question. It is said that the Emperor is willing to make important concessions relative to the demand of the Hungarians for the re-establish ment of the laws of 1848. In case of war the projected journey of the Em- Press to Balaton Fured in Hungary will not take Pince. MADRID, MAT 3, Emma. The Minister of Finance has declared that he Would not resign until he had lost all hope of re alising his financial schemes just submitted to the Council of Ministers, No final decision in defe rence to their fate has yet been arrived at. AMERICA. ARRIVAL OF THE BELGIAN. (Via Greencastle.) NSW YORK, Aram 21, Zvirrnia. The steamer England has arrived at New York with the healthy and convalescent passengers. No new cases of cholera have occurred on board the vessel. She has been strictly quarantined. SHERIFFS' COURT, RED-LION-SQUARE. (Before Mr. Humphreys, the Coroner ; and a Special Jury.) ALLEM V. TAB METROPOLITAN RAILWAY.-TAB ROWING- HILL AND BROMPTON RAILWAY. This was a compensation claim by Mr. Allen, baker, of Conduit-street, Paddington, for his leasehold premises and loss of business consequent on the Rotting-hill and Brompton Branch of the Metropolitan Underground Rail way taking his place. The claim as made was 1,5001. Mr. Hawkins, Q.C., and Mr. Harrison were for the claimant • Mr. Lloyd (with whom was Mr. H ollowa y ) represented the company. The jury were about to proceed to the premises to view the same, previously to hearing the evidence, when a negotiation took place, in order to save a long inquiry ; and in a short time an arrangement was effected between the parties. Mr. Hawkins announced that the parties had agreed to a verdict for 700/. Under the direction of the Assessor, the jury gave a verdict for that amount, and it was accordingly entered on the proceedings. The Teutonic► has arrived out. COMMERCIAL INTELLIGENCE. NEW YORK, Aram 21, EVENING. Money abundant. Gold, 126 g. Exchange on London, 1364 ; ditto on Paris, 4.138. Stocks steady : New York Centrals, 924 ; Illinois, 1144 ; Erie, 734 ; 5-20 United States Bonds, 1041. Cotton heavy : Middling Upland, 37. Flour dull. Wheat very dull. Corn quiet, and prices drooping. Pro visions heavy. Coffee and sugar firm and active. Molasses steady. Petroleum dull : crude, 254 ; refined, 39. THE POLICE COURTS. (THIS DAY.) WEST INDIA MAIL. LIVERPOOL, MAT 4. The steamer St. Thomas, from Kingston, &c., arrived here this morning. Her news has been anticipated by the Shannon. SOUTHWARK. A GINTI.NNAN IN DIFFICULTIES. Mr. Join Coulson, a gentleman residing in Lorrirnore street, Walworth, was placed at the bar before Mr. Bur chain, charged with being drunk, refusing to pay his cab fare, and assaulting a police constable in the execution of his duty. Police officer 143 M, said that about a quarter to 10 at night he was on duty in the London-road, near the circus, when he saw the prisoner disputing with a cabman, causing a great disturbance. Witness went up to them, and ad vised the prisoner to either pay the man or give him his name and address. The prisoner not only refused to do so, but without the least provocation struck witness a severe blow on the eye. The prisoner here, in a very excited state, denied that. He never struck the officer at all. The constable informed his worship that the cabman INDLk AND CHINA MAIL SOUTHAMPTON, MAY 4. The Peninsular and Oriental Company's steamer Ceylon, sailing to-day, takes out 2,2481. for Madras, 5,1001. for Calcutta, and 23,1831. for China. LAW INTELLIGENCE. (THIS DAY.) Anessed his conduct. Charles Gibbons, cab-driver, badge 6,972, said he was hired by the prisoner at Charing-cross to bring him and a lady and child to the Surrey side. Ile set them down at the corner of the London-rood, and the prisoner walked away without taking any notice of the fare. Ito accord ingly followed him and demanded the 611111 of 25., which was due to him, but instead of paying him he told him to go to —. A constable (last witness) then came up, and while he was advising the gentleman to pay the money or give his name and address, the latter struck the officer a violent blow on the eye. Prisoner (excitedly)-1 deny all of it. It is false, I never did anything of the kind. Mr. Burcham—Have you any witness? Prisoner—No, I have not. Mr. Burchain (to the constable)—Was the prisoner in liquor' Constable—He was, sir, and very excited. Mr. Burchani told the prisoner that, according to the evidence of the constable, supported by the cabman, he had grossly misconducted himself. The officer was very properly doing his duty, and must be protected ; and therefore he fined him 151., and in default of payment to be committed for 10 .lays. He advised him also to pay the cabman, as that would save him further expenses. The prisoner paid the money, and left the court in a passion. COURT OF EXCHEQUER. Sittings in Error.—(Before Lord Chief Justice Erle, Lord Chief Baron Pollock, Barons Martin, Bramwell, and Pigott, and Justices Bytes and Smith.) TUE QUEEN T. CHARLOTTE WISSOR. -- THE TORQUAY MURDER. This was the day specially appointed for hearing the arguments in this case on an appeal from the decision of the Court of Queen's Bench. The prisoner, it will be recol lected, was tried at Exeter with a woman named Harris for the murder of the illegitimate child of the latter. The jury were unable to agree, and at five minutes to 12 o'clock on the Saturday night of the last day of the com mission, the jury were discharged, and the prisoners were re-committed to the next &seizes. On the second trial Harris, without being acquitted or pardoned by the crown, was taken from the duck aliel put into the witness box, and itwas upon her evidence that Winsor was found guilty, and left for execution. Error was then brought in the Court of Queen's Bench, and the principal points raised were that the learned judge had committed error in dis charging the jury, who were sworn to deliver the prisoner on the charge of murder, and that in consequence she could not be tried again ; and further that the prisoner Harris, before she was allowed to give her evidence, ought to have been acquitted on the charge, or should have been previously tried, and if convicted then have given her evidence, as in either case she could not then be said to have an interest in the con viction of Winsor. It was urged that such a proceeding was in consonance with the law as laid down with regard to the evidence of approvers, but that as that had not been done the prisoner bad been prejudiced,and that without Harris's evidence she would have been acquitted, and that, cense quently, theprese n t conviction was bad. The Court of Queen's Bench decided against the prisoner upon both these points. And with regard to the latter, they decided that Harris's evidence under the eircuruatances was admissible, though there could be no doubt its reception whilst llama was still charged as a participator in the crime, had prejudiced the prisoner, they observed that that was a matter of consideration in another quarter. All they had to do was to decide whether Winsor had or had not been legally convicted. The Court of Queen's Bench decided that she had been, and she was sent back to Exeter for the sentence of death to be carried out. Error wait then assigned on that judg ment, the prisoner was reprieved, and the case came on to-day in this court for further argument. The prisoner, who has been confined in Newgate since last Tuesday week, when she came up formally to assign error, was brought to the court in the custody of the governor of Newgate, the law requiring that in Caeca of error the prisoner shall be present during the arguments. The Solicitor-General and Mr. }Lumen appeared for the crown ; Mr. Folkard and Mr. Collins for the prisoner. Mr. Folkard urged that a jury once sworn and charged in cases of felony could not be discharged from giving verdict without the consent of the prisoner. He referred to the various text writers upon that point. Blackstone, however, stated that a jury could not be discharged from giving a verdict except in cases of evident necessity. All the old authorities used the words " sworn and charged." Charged meaning the summing up of the judge. Lord Chief Baron Pollock —ls not given in charge done by the officer of the court when he calls upon the prisoner to plead ? Mr. Baron Martin—Just before his trial. Lord Chief Baron Pollock said the words " sworn and charged" are a few of the technical expressions in the criminal law that havecome down in modern practice with out any change whatever. Formerly it was the practice on the Northern Circuit, and it was within hie recollection that the officer of the court used to say, " Gentlemen of the jury, look upon the prisoner," and then the nature of the charge was stated ; and the officer afterwards used these words, " Your charge, therefore, is to inquire whether the prisoner is guilty of felony, and if not whether he fled, and if he tied what goods was he possessed of at the time of his flight." That mode was adopted in every criminal case. Mr. Folkard said that was one charging, but be con tended that words sworn and charged meant the address of the judge in summing up, and that after that was done the jury could not be discharged until after they had given a verdict. Lord Chief Baron Pollock said that it was a usual prac tice to arraign a number of prisoners at the same time, and the words of the oath used by the jury were—" Those whom you shall have in charge." If they have not been in charge the jury may be charged 20 times. The jury had the prisoner in charge when the language of the oath was used, and before the judge summed up. Mr. Folkard said the jury were not charged, he con tended, in the sense and meaning of the text books until the judge summed up the evidence. Lord Chief Justice Erie said the oath taken by the jury had also these words : " You shall well and truly try the prisoner whom you shall have in charge." Mr. Baron Martin—The jury are charged before they proceed to try the prisoner. Mr. Folkard pressed his construction of the meaning of the word charged, and said that in Alfred's time no person could be punished by loss of life or limb without the assent of all the jury, and it was recorded in Pettingall's " History of Trial by Jury," that a judge was hanged for exercising a discretionary power in discharg ing a jury, and another was hanged for discharging three jurymen in the course of a trial and putting in three others. According to the authorities when a jury could not agree they were carried in carts by the judges to the border of the next county, and that he might re cord their verdict in a foreign county—not that he (Mr. Folkard) urged that the judge should have done. it in this instance. All he used it for was to show that if it could be done and had been done they must have been provided with refreshment. Mr. Baron Martin said he understood that it required an act of parliament for a verdict to be taken in another county. Mr. Folkard said he apprehended theta judge might ad journ the assize into another county. Mr. Baron Martin said he had been informed that there was a modern case in Ireland. There the jury were un able to agree, and the jury were taken along with the judge to the borders of the next county, with the inten tion of there discharging them, bat just as they arrived there they agreed to their verdict, and the judge, jury, and prisoner went into a cabin by the road side and de livered their verdict, and the man was hanged. Mr. Baron Martin said that Mr. Justice Smith had found a case where King Alfred ordered 44 justices to be hanged for breach of duty. Mr. Folkard—Yes, but that was not for discharging juries before they agreed on their verdict. If a judge was to take a jury to the adjoining county, it was strong au thority that a . judge had not the discretionary power of discharging a jury in cases of felony. The learned counsel then proceeded to argue that a judge possessed the power of adjournment to another county. Mr. Baron Martin said the judge had to go in the first instance to the Castle of York, and there dispense justice according to the laws and customs of England. Mr. Folkard said the judge had the power of naming the day of the commission and of adjourning it. Mr. Baron Martin asked if there was an instance on re cord where the commiasion day having been appointed it had been altered by any subsequent act of the judge. He could only put off the commission day one day by special act of parliament. Lord Chief Baron Pollock said it was done in Lord Fadon's time. The judge could not get to Gloucester until after midnight of the commission day, and Lord Eldon was so careful to draw the act to record the judge's non fessance as to assign the cause of it. Mr. Folkard said that would answer his purpose. (The case wax proceeding when our report left.] ELECTION PETITIONS.-(THIS DAY.) CHELTENHAM. The committee resumed their inquiry to day, al 11 o'clock, Mr. Ayrton in the chair. The cross-examination of Mr. Stroud, one of the agents of the sitting member, Mr. Schreiber, was resumed. In reply to Mr. Powell, Q.C., he said he had written a letter to George Powell prior to the election. He retained a copy of the letter, and then, as he believed, destroyed it. He intended to destroy it but did not know whether he had carried out his intention. His reason for intending to destroy it Was that the people might not see it. Never employed George Powell to act in any capacity at the election. Knew Mr. Allen, who keeps a a porter store in Cheltenham. Knew very little of him before the election. Saw him several times on professional business as a solicitor since the election. Has not the least idea where Allen now is. Does not know that he is now in Cheltenham. Cannot tell where Palmer or Baldrey are. Would like to know very mech. Hoped to have met theta inthecommittee-room. Stott and Coy wereclients of his. He wrote to Mr. O'Brien demanding 71. on behalf of Stott and Co. Powell instructed him to write the letter. It was not written in order that O'Brien might take the letter to Mr. Chesshyre to obtain the amount. Never called at O'Brien's house or shop. It was likely that Stott and Co. never heard of the letter being sent. Their house is in Huddersfield. Never knew of the relations between George Powell and Barnfield. Never saw them together. Only wrote one letter to Powell. Never caused a second to be written to him. Never telegraphed to him. Never went with Barnfield to canvass an elector with one exception. Went with him to canvass Digby. Gave Allen 1/. and some odd shillings, the amount of his rail way expenses. Asked him what class be travelled by. Mr. Byrne was a friend of witness's. Never saw him at a committee room. He joined witness in the canvass. Knew Mr. Cochrane. lie is director of a loan company of which Mr. Byrne is the secretary. Re-examined by Mr. Price, Q.C.—Never gave Powell any authority to do any act for Mr. Schreiber. When he was applied to he declined to act. It was altogether un true that he ever employed Powell at B. a day, or any other sum. Did not see Powell at all on the polling day. lie was not at the committee-room that day. Did not see him for two or three weeks after the election. The letter to O'Brien was a bona fide piece of business done for Powell. Acted as attorney for Barfield after the election in a case between him and I tigby. Mr. Schreiber re-called—l did not say to Mrs. Wood that I would maintain her children. I did not say "Ours is the party to keep the children, " but ours is the party who keep the children," alluding to the groat preponderance of the party. (Laughter.) George Powell was called in, and having been sworn said, in reply to the chairman, he had read a letter from Mr. Stroud. It was destroyed. He had not received a second letter. He had seen Mr. Stroud before the election. Knew Mr. Barnfield. Went from Cheltenham about four teen days before the election. Told Barnfield he was going away, and gave him his address. Did not give his address to Mr. Stroud. Received Mr. Stroud's letter at Carlisle. Gave Mr. Barnfield several addresses for diffe rent dates. Corresponded with him about the election. Has not any of the letters. [Left sitting.] COURT OF PROBATE AND DIVORCE. (Before the Judge Ordinary.) PTABODT V. PEABODY AND GRIEEIf. Dr. Bpinks for the petitioner, who married the respon• dent at Northampton in 1857, and lived there with her in domestic happiness until 1860, when she became ac quainted with the co-respondent, en innkeeper, and, through him, fell from the path of virtue. Decree nisi, with costa. THE EXPRESS, FRIDAY EVENING, MAY 4, 1866. THE MURDER IN CANNON-STREET. 1 ___•__ FINAL EXAMINATION OF THE PRISONER. (THIS DAY.) The prisoner William Smith, alias William Den ton, who stands charged with the wilful murder of Sarah Million, and who already is committed upon the ooroner's warrant for that crime, was this morning brought before the Lord Mayor for final examination. The inquiry still appeared to create great public interest, and as early as 10 o'clock a number of persons had as sembled outside the Mansion-house anxious to obtain ad mission to the court to hear the proceedings. The court was opened at 11 o'clock, and Alderman Stone sat for the Lord Mayor, and disposed of the night charges. Soon after 12 o'clock the Lord Mayor took his seat on the bench, and the prisoner was then placed at the bar. He exhibited the same cool and collected appearance as on the former examinations, and the knowledge of the fact that the coroner's jury had returned a verdict of wilful murder did not appear to have had any effect upon him. Mr. Wontner again attended to conduct the prosecution, and Mr. Scarth appeared for the prisoner. Colonel Fraser, the commissioner of the City police, was seated on the bench during the in quiry. Mr. Bevington, one of the firm of Bevington and Co., was also present. Mr. Wontner made a short address to the Lord Mayor, referring to the fact the prisoner already stood committed upon the coroner's warrant, and the following evidence was then adduced: Agnes Heathcote Bayley, the witness who was examined on Wednesday before the coroner, was the first who was called. She described herself as a widow, and she stated that, on the night of the murder, she had been to Greenwich, and left the train at London-bridge, and walked over the bridge, and through Cannon-street, on Mr. Bevington's aide of the way. As she was passing Mr. Bevington's house, she said that she saw the prisoner standing on the steps, and it was then about half past 9 o'clock. The prisoner, she said, appeared to be buttoning up the collar of his coat, and she observed his face. She saw him go first towards St. Paul's, and then he returned and went on the steps of Messrs. Bevington's door, but she did not see him go into the house. He had an ordinary black hat on his head. She said that she happened to be accidentally in this court upon one occasion when the pri soner was under examination, and she recognised him im mediately, and made a remark to herself that he was the man. The witness, in answer to questions put by Mr. Wontner, said that her father was formerly a merchant, but she and her mother were not f in such good circum stances at present as they had been. She said that she afterwards went to see Messrs. Bevington's cook to ask her how the matter was going on, and she saw the prisoner last Saturday in Newgate. Cross-examined—My name is Bayley. I am a married woman. My husband's name was Bayley. He lived at Sydenham, near the Palace. 1 forget the name of the place. I used to live with him when we were married five years ago. Wo were married at a registry-office. I refuse to tell where we were married. My friends did not know that I was going to be married. I told my mamma. (A laugh.) I was sentenced to twelve months' imprisonment at the Old Bailey for obtaining goods by false pretences. I was charged with taking a begging letter to the clergyman of Islington. Myrnatemadid not send me with thisletter. (A laugh.) I was convicted in the name of Agnes Watson. My father was a merchant, but it is not true that I have been to every merchant in the City with begging letters. There was a subscription for the family when my father died. I did not send my father's freedom to his lordship (the Lord Mayor) with a begging letter. My mamma scut the freedom and the letter, and his lordship sent 104., but my mamma did not get any of it (A laugh.) The train arrived from Greenwich on that night about 9 o'clock. I went to Greenwich on private business, but I refuse to say what that business was. Mr. Scarth said he really must know what the hilliness was. It was very material for the prisoner that he should get all the information he could about this witness. ..---- - The witness then said—l went to Blackheath to look for & situation. lam sure it au not on the 17th of April that I went to Greenwich. The train I arrived by left Green wich at a quarter to nine. I went to see a lady at Blackheath-hill. She is not there now. Her name is Bell. She lived on the hill—No. 7, Staunton-place. I went into the park and sat down to rest before I went to the railway station. I have a bad leg,and cannot walk fast, and that is the reason why it took me half an hour to walk from the station to Messrs. Bevington's. I live at Chelsea, but I swear that I did not go into a pub lic-house at the corner of the street where I live at 9 o'clock on the night of the murder. I did not go until 10 o'clock. I did not go home until past 10. Mr. Scarth said that according to the witness's own statement she could not have got home at the time she re presented. She lived close to Cremorne Garden., and the 'bus took an hour to get there. The publichouse referred to was, in fact, a beershop, which was obliged to close at 11 o'clock. William Smallusan said—l live at Barnsbury-road, Islington, and am a costermonger. I have seen the pri soner before. I saw him on Wednesday evening, the 4th of April, at a quarter to 9 o'clock, at Bevington and Sons, in Cannon-street. I was on the same side of the way. I was induced to notice him by bearing him call a woman a wretch. Messrs. Bevington's door was ajar—on the chain appa rently, and the prisoner was standing on the steps, and some one was inside, and I think it was a female. I saw the person, whoever it was, pass some silver to the pri soner, and I heard him say, " Is this all to-night, you wretch?" The prisoner then turned to me and asked me what I was standing there for? and I replied, "That was my business." He had a short thick stick in his hand, with a knot at one end and something like a dagger at the other. I have seen such sticks in the shops, and particu larly at the time when the anti-garotters were about. (A laugh.) I saw the dagger sticking out, and the prisoner flourished it about like a shillelagh, mid said, " In a short time I shall do for you, you wretch !" He then put the instrument up his coat and concealed it, and when he had done so, he " took to his heels" and ran towards London bridge. I saw him again yesterday among a number of other prisoners, and pointed him out as the man I saw on the 4th of April. I swear before God and man that the prisoner is the man I saw on this night. Cross-examined—l only want to see justice done to every man. I sin a costermonger. I deal in shrimps, and I had been to London-bridge to see the boat come in with shrimps. I did not buy any shrimps. I can speak to the time I saw the prisoner, because I looked at the clock in Cannon-street opposite the railway station. I don't know whether anybody saw me on London-bridge on this night. I went to see whether any shrimps had arrived for the next morning's market. lam quite sure it was between 9 and a quarter to 9 o'clock when I saw the prisoner. Mr. John Whitehouse said—l reside at Eton and hold the appointment of surveyor of the roads for that district. I know the prisoner well, and remember meeting him on the evening of the 11th of April. I left my own house at 10 minutes past 7, and was going towards Eton College, when I met the prisoner going in the direction of the Slough station. I believe he had a hat on. I did not notice his clothes, but I think he had a stick in has hand. It was between a place called the Fifteen Arch Bridge and the College that I saw the prisoner, and it was about a mile and a half from this place to the railway station at Slough. Cross-examined—l am sure the distance is a mile and a half. The prisoner was not walking at an extraordinary fast pace when I saw him. I know the Jolly Millers Beershop. It is about two miles from the beenhop to the railway station at Slough. The prisoner might go to several other places besides Slough from the spot where I saw him. Mr. Wontner said this was all the evidence he proposed to adduce at present ; but he asked that the prisoner might be again remanded. Mr. Scarth said that the prisoner was anxious to be allowed to have a pint of porter and some bread and cheese ; and he asked the Lord Mayor to permit him to do so. His lordship said he did not suppose there would be any objection ; and the prisoner was then formally remanded. 'HIS DA Y.)l increase of 711,6551. in the active circulation shows where the bulk of the notes taken have gone, while, from the diminution of 346,6361. in the bullion, it is evident that another portion of the notes which have left the Bank's till have bee. actually cancelled, against gold withdrawn from the issue department for export. Ow a o'CLocK. ENGLAND. ith and Nth c. 32, for Mau r, the 2nd day of May, 1860. 'ARTIIK/IT. Government debt 211,015,100 Other securities 111.01A.9110 Gold coin and bul- Hon . Ulm bullion — • BANK OF . An Account pursuant to the Act week ending on Wednesday MUM nzP A!7,71! 010 227.711,020 427.712,010 AsTon ~l, i Vendetta 1A: i 11 i I I 1 1 i i , i . i 1 ) I II , ' , I I I ' II I' 1 1 I, 1 1111 ill i. 1 , i , t . , i, I it 1 J.. , :i ! I; l , 1 1 i i ri l 1 HEREFORD. The committee appointed to try the merits of the petition of Peter Warburton and others against the return of Richard Haggailay, on the ground of bribery, treating, and undue influence ; and the petition of Josiah Rinabeck and others against the return of George Clive, on similar grounds, met at 11 o'clock. The committee consists of the following members: — Admiral Duncombe (chairman), Mr. G. C. Bentinck, the Hon. A. F. Egerton (South Lancashire), Mr. G. Hodgkinson, and Mr. Arthur Russell (Tavistock). The counsel for the petitioners are Mr. Serjeant Ballantine and Mr. Macnamara ; and for the sitting members Mr. W. H. Cooke, Q.C., Mr. Giffard, Q.C., and M r. H. Matthews. The first petition proceeded with was that against Mr. la Mr. Serjeant Ballantine, in opening the case for the petitioners, stated that Hereford was a borough, which, since the passing of the Reform Bill, with one single exception, about 20 years returned liberal members to represent it in parliament. Taken in connection with this fact the circumstances of the late election were somewhat peculiar. Prior to the last election Colonel Clifford had represented the borough for 15 years, and Mr. George Clive succeeded his father in the representation in 1857. In 1858, a solicitor named Garold became connected with the Hereford Journal, a conservative paper, and had ever since made strenuous efforts to resuscitate a con servative feeling in the borough which had hitherto been comparatively extinct. Mr. Garold, when the disso lution occurred, brought down Mr. Baggallay, a well known member of the legal profession, but entirely unknown in Hereford, to contest the representation of the city. The canvass of the liberal party was entirely satisfactory, and there was no conception that their cause was in the slightest danger until 2 o'clock on the following day—an hour extremely critical when bribery was going on—when it was found that Mr. Baggallay was treading close upon the heels of the liberal candidates. At the close of the poll the numbers were :—Baggallay, 510 ; Clive, 499 ; Clifford, 483. He be lieved he should be able to show that this result was attri butable to the most unblushing and systematic bribery on the cu lrt of Mr. Garold and his subordinate agents, the r tariff being 101., half of which was paid in the shape of earnest money, and the remainder after the vote was recorded. In reply to the Chairman, Mr. Serjeant Ballantine said the allegations of treating would not form a very important part of the case. What he principally relied upon was the bribery. Mr. James Robert Naylor produced the writ acid re turn, and the poll books for the last election. Mr. John Bosley, mayor of Hereford, produced the election accounts duly signed by the agents for election expenses, and the appointment of Thomas William Garold as agent for election expenses on the part of Mr. Bag tritliaY• In cross-examination Mr. Healey stated that the number of freemen in the borough had been rapidly decreasing of late years, while the number of householders was increas ing. The population of Hereford was now between 14,000 and 15,000. [Left sitting.] May 3, 1886. THU RSDAT EVENING. Consols, which closed yesterday at 81ii to * for next Wednesday's settlement, opened this morning at the same quotation, touched 86 after the alteration at the Bank, and closed at sql to . For money the last price was 861 1 to and. for the June settlement 871. The official busi ness report is as follows:—Three per Cent. Console, for money, 860, ; ditto, for account, 86, 4 , I ; Three per Cents. Reduced, 841, ; New Three per Cents., 84,i, /, 5/ ; Bank Stock, 24-4 ; India Five per Cent. Stook, 104, 5 ; ditto Five per Cent. " enfiteed" rupee paper, 101} ; ditto Four per Cent. Bonds, 15s. prem. Bank shares were steadier. With the exception of a recovery of ss. in Alliance, and a decline in Agra, Anglo-Egyptian, and Australasia, prices showed no variation. Alliance closed at 3to 2/ die. ; Anglo- Austrian, at 1 to Oi dis. ; and Imperial Ottoman, ate to / prem. ----•- RAILWAYS.-(THIS DAY.) Orra o'CLoca. The railway market is flat to-day, and the general tendency of prices unfavourable. Caledonian stock has declined 1 per cent. ; Metropolitan and London, Chatham, and Dover, 1 ; and Great Western, g. London and North Western stock is now quoted 120 i to ; Great Western, b 6 to ; Midland, 122 i to 1231 ; Lancashire and Yorkshire, 1201 to I ; Great Northern, 1211 to 122 A. ; ditto A, 1:16i to 137 ; Great Eastern, 391 to 1 ; South Eastern, 73 to j ; Caledonian, 126 to 127 ; Metro politan, 1311 to 132 ; and London, Chatham, and Dover, 26 to 27. Indian, Canadian, and foreign railway securities are inactive, and prices in moat cases are quoted the same as yesterday. IFor Share Lists see page 8.1 - - LATEST SPORTING INTELLIGENCE (11T ELECTRIC TELEGRAPH.) SALISBURY MEETING.-(THIS DAY.) HANDICAP PLATE. Tattoo 9 ran. LONGFORD CASTLE. Seville beat Captain Kidd. STONEHENGE PLATE. F. Sharpo Romney Practice • • • • • • 3 ran. WILTON PARK STAKES. QUEEN'S PLATE OF 100 GUINEAS. Three miles. Jassy, Duet, Olivia, Discretion, Pehos, Historian, and Black Prince are here. William Day's and Woolcot's trrined in neighbourhood. GREAT INDIAN PENINSULA RAILWAY. (THIS DAY.) The half-yearly meeting td the shareholders was held at noon ; Mr. W.. 1. HAMILTON in the chair. The report having been taken as read, The CHAIRMAN, in moving its adoption, commenced by expressing his confidence that it had been received by the shareholder; yesterday with feelings of satisfaction. At the last half-yearly meeting he warned the shareholders not to expect as much progress in the traffic as that of the last half-year, in consequence of the three monsoon mouths intervening ; but notwithstanding this drawback to the traffic, the gross receipts had increased from 401,0001. in the preceding half-year to 467,000 f. in the last, and the net receipts from 2.31,00M1. to 249,0001., giving a profit of 6 per cent. per annum on the capital expended on the opened lines. The total increase as com pared with the corresponding half of lAA was 304,0001. (Hear, hear.) The chief increase in the receipts arose from merchandise, being 252,004.11. Experience had shown that the line was not so much dependent on cotton as had been supposed ; but, on the other hand, the increase in the cotton traffic greatly ex ceeded the expectations both of the government of India and of the board. He hoped that in the course of a few months the mode of packing the cotton would be so much improved as greatlLr increase the company's carrying facilities. Care been taken so to introduce the maximum rates of charge as not to inter fere with the interests of the company. In con sequence of the increase in the rates there had been a slight falling off in the number of third class passenger++. He regretted the increase in expendi ture. The whole of the fuel consumed went out from Eng land. In the last half-year arrangements had been made for obtaining fuel direct from England at a reduced cost; but during that period they had been using up coal previously purchased in India at a higher rate. As regraded the locomot. i ; ex penses, he was happy to say that two natives had exlihited so much skill that they had been engaged as drivers—a fact which, considering the expense of obtaining dry,. re from England, was encouraging in reference to t future. The amount paid for compensations the last half-year amounted to 25,01/0/., but a large portion of the amount was on account of claims of long standing. These claims arose chiefly from fires and robberies at the stations ; and such losses would be checked in future by the use of spark-arresters for the engines, and by the establishment of a new police. As regarded the net profits, the chairman observed that the wording of the contract showed that, without waiting for 'the completion of the line, any surplus beyond 5 per cent. was divisible equally between the government and the shareholders; and he read a letter from the Secretary of State for India tending to confirm that view. The receipts of the first 11 weeks of this half-year averaged 38,0001. a week, and there was every probability that that rate would be maintained, and that when they next met the board would be able to an nounce that there was a considerable excess over the work ing expenses, and the guaranteed interest paid by the go- vernment. (Cheers.) After inated in the e usual w manner. p ~ ted , usuorion the rept was adopted, and the p roce edings teameal manner. MORE FIRES.—This (Friday) morning shortly before 4 o'clock a fire nearly attended with fatal conse quences, happened in the extensive premises known as the Restaurant, No. 11, Catherine-street, Strand, facing the side entrance to the Strand Music Hall. On the discovery an alarm was immediately given, and Con ductors Christianson and Tapsoll attended with the Royal Society's escape from Long-acre and St. Clement's Church. Upon the arrival of the first named conductor he pitched his machine in front of the building, the smoke obscuring from sight any of the upper windows. Hearing loud cries proceeding from the third floor ; he threw up ider ' Francs MINE.9.—(THIS DAY.) "' d e posi "aF"" --' Publicdeports 4 922 . 990 „ Increase 505,843 loud eves prorea ... ..ung .... •aa. ... .. Other deposits - . 7 Francis ONE O'CLOCK. The mining market i s dull to-day ? with very Government securities in Y e ller , who, upon reaching the ground, told the banking department 10,694,254 No change condu ct or that another person, a young woman, few transactions. There are some inquiries, how- Other securitiea in bl i nking was still in the house. Christianson made anothee ever, for Chiverton Moor, West Chiverton, department 20,380,395 Increase 1,872,541 attempt to enter the same floor, but was driven and Prince of Wales shares. Chiverton' in Coin and bullion in both back b t y the r heated smoke . The female question and all departments Moor are now quoted 51 to *. west Seven da a. other bills 437,049 Increase 9,920 were kindly taken in and sheltered by Mr. Beppon, the y an ea ••• . Chiverton, 69 to 71 • Clifford Amalgamated, T h e Rwt 3,21 0 ,015 Increase 5,163 landlord of the White Hart tavern opposite. The fire was Ito9l ; North Treskerby, 2i to t ; Grua Vor, Naas in reserve - I 18 to 20 ; Chiverton, 61 to 1 ; West Ri gh ts 7to Total reserve izt a e ,r s at t e o n oin) gather with the first floor, were seriously damaged. ; Chontales, 1* to * prem. ; Mineral Rights, par in banking t 5,636,370 Decrease 1,058,291 T origin of the disaster is at present unknown. to I prem. ; and Haybush Colliery, par to * prem. These changes fully account for the advance in AF:eetrrilintan S o 7,... I. owhihatePreminndmannluftttFurerelniZ:lt nißattereeMelln:. _ the Bank rate of discount made to-day. The The fire was not extinguished until the roof of the engine COAL MARKET.(THIS DAY.) activity of the demand for money, especially on house was burned off. The origin of the fire is also IUI- Walls End Haswell, 18s. 6d. • Walls End South Het- Tuesday and Wednesday, is shown by e increase known. The firm was insured. Another fi re bap- . ton, 18s. 6d. ; Walls End Tees, '185.,• Walls End Hartle- pool, 18s. 3d. • Walls End South Kelloe, 17s. 6d. ; Wallso. 41, Park road, Old Ford. The firemen succeeded in of no less than 1,872,5411. in the advances on ed on the premises belonging to Mr. James Porter, Heugh 1E1;11, 17s. 6d.; Walls End Kepler Grange, 17e.;. 67/under th e head of deter, th congaing the flames too. par bun lours whioh wore hunt eat. End Walla End Geaforth, 16s. 9d.; Holywcll, 1711.--Ships at ed 799,1 . private securities. The Bank having, however, 14 Fortunately the inmates all managed to e ff ect their market, 26 ;at sea, 10. " gaga in the reserve becomes 1,068,2911. The escape in gaiety. I 1 I 1 -- _ _ . MONEY MA The stock and share markets opened at an im provement this morning, chiefly upon the state ment made in the French Chambers by M. Rouher, that Italy has declared she will not attack Austria. The Budget is also regarded favourably. The advance in the funds amounted to to 3-16 per cent., and in the Italian Bonds of 1861 to as much as IR. A reaction, however, has since taken place, and Consols have returned to the closing prices of yesterday, but Italian Bonds arc still per cont. better. Brazilian scrip and Spanish securities are lower, as well as some of the British railways. Financial shares are also very flat, and a further serious fall has occurred iu Imperial Mercantile. The accountant's report with reference to the affairs of this company is expected to be issued almost immediately. There is a fair demand for money to-day, but some transactions have occurred in the best paper at below the Bank minimum. The rate for short loans in the Stock Exchange is 6 per cent. The Bank of France return shows this week an increase of 368,0001. in the coin and bullion, and of 1,264,0001. in the bills discounted. Consols are now quoted 86} toe for money, and 861 to for the account (May 9). The foreign stock market was firm at the com mencement of business, but prices have since de clined, with the exception of Italian Bonds, which are per cent. better than yesterday. Brazilian scrip has receded e ; Spanish Certificates, ; and Spanish Passive and Mexican, Some of the present prices are as follows :—Turkish, 1862, 62i to 63i ; ditto, 1865, 30i to ; Greek, llf to 12} ; Spanish Passive, 25 to ; ditto Certificates, 15} to k ; Italian, 1861, 43i to f ; Brazilian scrip, 6 to 5 die. ; and Mexican, 19 to I. American securities are rather firmer. 5-20 bonds are now quoted 68if to ; Erie Railway shares, 49 to ; and Illinois Central, 77/$ to 78. International Financial shares are now quoted lit to dis. ; London Financial, 8 to 77 die. ; General Credit, 1 to of die. ; Imperial Mercantile, 7} to 6} die. ; Credit Foncier and Mobilier, I to 7l dis ; Overend, Gurney, and Company, If to I die. ; and National Discount, 7! to 8 prem. HALF-PAST THREE o'CLoea. Consols are firmer, at fibi l ton for money, and 86! to / for the account. About 13,0001. in gold has been sent into the Bank. At Paris this morning the Three per Cent. Rentes opened at 65.15, showing a rise ofd per cent. Hopes are entertained that the demand for money, so far as it depends upon internal causes, and is ag gravated by the prevailing vague distrust, will now subside. At the same time, the diminution in the demand for the means of remittance to the East, the reduced price of cotton, and the rela tively higher value of money here, as compared with that current on the Continent, combine to eimm- rage a belief that the exports of specie from this country will be checked. The last alteration in the Bank rate of discount was on the 15th of March, when a reduction from 7 to 6 per cent. took place. The coin and bullion were then 14,327,6181., or 818,4781. more than now, and the reserve of notes and coin was 8,804,5431., being 3,168,1731. more than now. The last occasion on which a rise from 6 to 7 per cent. was made was on the 28th December last, when the coin and bullion were 13,403,102/., or 106,0381. less than now, and the reserve was 7,591,267/., or 1,954,8971. more than that now held. The steamer Ceylon, which will leave South ampton to-day, will take only about 30,0001. in specie for India and China. The bar silver by the Mexican packet was sold yesterday for transmission to the continent (there being no demand for the East) at ss. I,d. per ounce, showing a decline of id. compared with the price obtained for the supply by the previous vessel. In the interval a few transactions have taken place at ss. lid. and ss. Id. A private telegram dated Bombay, the 28th April, states as follows : Exchange on London for a first-class bank bill, six months sight, 2s. 1 9-16 d. per rupee ; the Calcutta rate for ditto, 2s. 2d. per rupee ; exchange on Calcutta at sight, 101 to 101 t ; Government Four per Cent. Paper, *I rs. ; ditto Five per Cent. Paper, 102 rs. ; ditto Five-and-a-Half per Cent. Paper, 108 rs. ; Bank of Bombay rate of dill count, 13 ; bar gold, 996 touch, 16.2 rs. per tole ; bar silver, 17 to 174 betterneas, 14:0 rs. per 100 Lulea ; 52.000 bales of cotton sailed from Bombay during the fortnight. The failure is announced of Messrs. Henry Birt and Co., wholesale tea dealers, of Mincing-lane. On the first announcement of the difficulties of the firm it was fully believed that the estate showed fully 20s. in the pound, and that it was intended to form a public company to carry on the business. The investigation then made, however, resulted in the discovery that acceptances had been forged to the extent of about 5,0001. by one of the partners, and a formal stoppage was at once determined upon. The liquidation is ex to be unfa vourable. The books have rce c r d placed in the hands of Messrs. Quilter, Ball, and Co., the accountants. The North Eastern Railway traffic return shows this week an increase of 4,8021. over last year ; the Lancashire and Yorkshire an increase of 6,134/. ; the Manchester, Sheffield, and Lincolnshire an in crease of 2,608/. • the North British an increase of 1,680/. ; the London, Chatham, and Dover, in cluding the Metropolitan Extension and branches, an increase of 6851. ; the Metropolitan Extension an increase of 2721. ; and the Kent Coast a de crease of 1201. A general meeting of shareholders of the lonian Bank will be held on the 25th inst. A special meeting of the Metropolitan District Railway Company is convened for the 17th inst., to consider a bill now before parliament The Court of Chancery has appointed Mr. Charles Lee Nichols to be official liquidator of the London Cotton Manufacturing Company (Limited). Creditors of the National Horse Insurance Company (Limited), are required to send the parti culars of their claims by June 1 to the official liquidator, the Master of the Rolls having appointed the 15th of June for adjudicating upon them. Holders of debentures of the Ottoman Rails Company are requested to deposit them at the company's office for endorsement. The Emigration Commissioners have accepted the ship Prince of Wales 'for the conveyance of passen gers to Adelaide, S.A. The return of the Bank of England for the week ending Wednesday, May 2, compared with that for the previous week, shows the following changes : Circulation issue £27,712,020 Decrees £293,300 Circulation active 22,872,770 Increase 711,6.55 —0 ,990 Incresoe 505,843 Notes Issued BANKING 1,1 Proprietors' Capital /114.553,000 Best Public Deposits eluding Excheq., Say. Banks Com mis. of National Debt. and Div. Accounts Other Deposits Seven day and tither BiUi .... . 4,142,900 13,587,965 437,049 £6,711,010 .ARTICENT. Government Been- Titles k includiug Dead Weight An nuity: Other Securities Notes (kola and Silver Coln L 913,711,019 W. HILLKS., Chief Cashier. less i his pes Ay ie of 11 be -rued con• ca binet ienaeia sk the ther, in uropesil liCatiOng state to e main'