The Sun. — London, England, 1862-01-15 00:00:00

THE CASE OF MR. TV. F. WINDHA.II. The adjourned inquiry into the state of mind of Mr. W. F. "Windham, of Fellbrigg-hall, Norfolk, was resumed yesterday, in the Westminster Ses sions -house, before Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume "Williams appeared for the petitioners ; Mr. Charles Russell for Lady Sophia Elisabeth Giubilei, the mother of the alleged lunatic; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward for Mr. William Frederick Windham; and Mr. Coleridge, Q.C., for Mrs. Windham. The Master was sorry to say that ne had been informed by several jurymen that they were very ill, and that nothing but a strong sense of public duty would have induced them to disregard the ad vice of their medical attendants, and to leave their homes to-day. The present was the 23d day of the inquiry, and the jury were naturally anxious to know when the case would be concluded. For his own part, he could do nothing but rely, which he did implicitly, upon the discretion of counsel, and he would advise the jury to hear the case to the end with that tranquillity and patience which they had manifested hitherto. If he had endeavoured to interfere with the petitioners in any way, they would probably have said that they were not allowed to lay their case fairly and fully before the jury. He had not so interfered, and it appeared to him that he would be acting most unjustly if he were to place any restrictions upon Mr. Windham and his advisers, who had an equal right with the petitioners to a fair and ample hearing. Mr. Chambers remarked that something had been said elsewhere about the cross-examination of the witnesses for Mr. Windham. All he had to state upon that point was that if he were not to cross examine the witnesses as they appeared in:the box he should probably be obliged, when his time came, to address the jury for four days. He thought it better, in order to save time, to deal with the de fects in the evidence as they arose. Mr. Milward said that, as the representative of Mr. Windham, he had to make only one or two ob- servations. It would be recollected that the case for the petitioners occupied 12 days. Up to the present time only eight days had been devoted to the defence of Mr. Windham. The Master -- More than that. This is the 23d day of the inquiry. Mr. Milward meant to say that the evidence for Mr, Windham had occupied only eight days, the other two days having been given to the speech of Sir Hugh Cairns. The Master—Yes, but that speech was part of Your defence. Mr. Milward reminded the Court that the in quiry extended over the whole of Mr. Windham's life, and that it was more difficult to answer a pro position than to state it. However, he had much pleasure in announcing that the whole of the re maining proof had been carefully sifted and weeded, That every piece of evidence had been withdrawn which could be omitted with justice to Mr. Wind ham, and that in future not a single moment of time would be wasted. lie was not without hopes th a in a day or two the advisers of Mr. Windham would be enabled to close their evidence. fhe Master was glad to hear the remarks of Mr. 1 I ward, and thought, the . inry could not do better than trust to the diseretion of counsel. He was Aura that all parties must be anxious to conclude the case as soon as possible. Signor Campana, interpreted by Mr. Albert, said lie was a composer and teacher of music, and resided iu Westbourne-place, Eaton-square. In 18,57 he was living in Torquay, and was on terms of inti macy with Lady Sophia Windham and her son, the subject of the present inquiry. On one or two occasions Mr. Windham pulled him gently by the whiskers by way of joke—pour s'amuser—but he never pushed him against the wall, or did anything to give him offence. Mr. Murray, examined by Mr. Milward, said he was an ironmaster in the neighbourhood of Glas gow, and had been for several years a director of the Gartnavel Lunatic Asylum, near that city. In August, 1858, he was travelling with two of his daughters in the Highlands. He met Mr. Wind ham during the oourse of the journey, and they travelled by the same route for one or two days. He conversed with him on the ordinary topics of the day. Mr. Windham was a rollicking, thought less, free-and-easy young man, boisterous in his manner sometimes, and fond of fun, like a boy fresh from school; but witness saw in him no indication of insanity. By the Master—There was a tutor with him, but they did not seem to associate much on the journey. Mr. Andrews, of Rimpton, Somersetshire, be came acquainted with Mr. Windham in the summer of 1857. Mr. Windham was then a pupil with the rector of Rimpton. Witness knew him intimately, and often had him at his house. The acquaintance continued until Mr. Windham left, in the latter part of 1858. At first witness had rather a preju dice against him for his appearance and manners, but afterwards he changed his opinion of him. Mr Windham had high animal spirits, and was very open and unreserved. He was affectionate to those who treated him with kindness, and on one occasion he acted kindly and benevolently to a parishioner. There was nothing ungentlemanly or unbecoming in his conduct. He occasionally grove out Mrs. Andrews and her daughters. Before he left, in 1858 lie made a proposal of marriage to one of the young' ladies. Subsequently a correspondence took place on the subject between Mr. Windham and witness, but the result was that the proposal was rejected on the ground of the extreme youth of the parties. Witness had no other reason for refusing his assent to the proposed marriage. Lady Sophia, when ap pealed to on the subject, concurred in his decision. There were no personal reasons, intellectual or otherwise, which induced witness to reject the pro posal. Witness thought that the obvious faults of Mr. Windham—openness and unguardedness— would disappear as he advanced 4 n life, as they were only such as were frequently observable in boys of his age. It never crossed his mind that Mr. Windham showed any indication either of imbeci lity or of insanity. Cross-examined—Mr. Windham did not tell wit ness at any time that he had proposed to other young ladies. Sir W. Foster, a solicitor in Norwich, said he was professional adviser to the late Mr. Windham, w h o Y'as rather hasty and choleric in temper. Wit lead the tewardship of the Windham c4 i t us ltu hsid 'known young Mr, \k"intl - that gentleman came wrott: him. to sac that hr I"' glad to oontinn,:d in tho :-it , .ward. , hip. Wiviithara di4l not r(Tii by 1,11".• but ii" ..vincs shortly aftertymlis in Norwich, and did i 0 "Of course, old fellow, I should not dream of takirg the manors away from you, anal beg you mill continue to act as usual." On that occasion they talked together for a quarter of an hour. Mr. Tvrinflham spoke of his marriage, and invited wit ness to Felhrigg to be introduced to his wife. Wit ness did not go. llc had transacted business with Ilrindharn, and believed him to be a person of sound mind. for years. itil!:1 from iii }pit tl. Cross examined —Mr. Windham wanted a good dcul of assistance, but he was perfectly sound in wind. He knew nothing about hit estate, like 11 un dreds of other young men, but he was p er f ec tl y competent to manage it with help. - Witness had never said that he was incompetent to manage his affairs. He absolutely refused to be introduced to Mrs. Windham, because, as he told Mr. Windham, he understood he had married a person of not very good character, and he did not want to make her acquaintance. Mr. Windham replied" I assure you she is a lady." Witness said " I must have some thing more than your ipse thxit on that subject," and he added that if Mr. Windham could refer him to any authority for satisfaction upon the point he should be delighted to do his best to set him right with the county. Mr. Windham repeated that his wife was a lady, and so the subject dropped. Wit ness knew that Mr. Windham did not alwaysspeak the truth, but he could not say that his falsehoods were causeless or objectless. Mr. Windham had no idea of the value of his timber, and he required the assistance of a person who could manage his estate, or teach him how to do go himself. He bad had no ,~3 education at all, nobody to teach him, no opportu nity of learning the value of his timber, or how to manage his estate. 'Witness did not rec)llect say ing " Windham cannot be guided ; nobody can hold him ;" but he might have said so, mean'ng simply that Mr. Windham was a wild boy. Witness did not believe that in four years £2O 100 worth of timber could be cat down at Felbrigg without da• maging the ornamental character of the park. Mr. Windham never consulted him about selling off his timber. Witness did not think he felt conscious of his ignorance of the value or management of his property. Re-examined —Witness never had any means of testing the knowledge of Mr. Windham about the value of his timber; in fact, he had never talked to him about his property, and the opinion which he had expressed upon that point in cross-examination was formed upon what he had read in the news papers. He believed that Mr. Windham was quite capable of being taught how to manage his affairs, but he would require more teaching than most other young men. He was always, as it seemed to wit ness, a difficult young man to hold together. £40,000 worth of timber might without injury be cut on the Windham estates, including the devised property. The marriage of Mr. Windham had caused a strong feeling against him in the county. By the Jury—When witness said Mr. Windham had had no education, he meant education in the management of property. Old Mr. Windham was quite competent to manage his affairs. Young Mr. Windham was below par ; but witness did not be lieve him to be an idiot or a lunatic. His marriage had been his ruin, but if he had fallen into better hands he would have got on very well. It was im possible to account for many things in his conduct, but witness believed his marriage, the unusual terms of the marriage settlement, and his getting into debt to the extent of £30,000 in four months, to be consistent with sanity. Young men did strange things in love ; and besides, Mr. Windham was a person easily persuaded by others. Mr. Bruce, residing in Westbourne-terrace, said he met Colonel Bathurst and Mr. Windham at Baden Baden in 1859, and travelled with them for ten days or a fortnight with them in the Black Forest. He believed Mr. Windham to be a person of perfectly sound mind. Cross-examined—Mr. Windham was uneducated, uncouth in his manners, and more like a groom than a gentleman. On one occasion, when he was misbehaving himself Colonel Bathurst knocked him down, and he blubbered like :a child. Mr. Windham called Colonel Bathurst " a -- aristocratic humbug." The Colonel told him that if he repeated such language he would knock him down. Windham did repeat it, and the colonel knocked him down. He was in the habit of using coarse and filthy language and of laughing rather loudly. Re-examined—Windham called Colonel Bathurst " a -- aristocratic humbug" because the Colonel had expressed his displeasure at Windham imita ting his style of walking. Mr. Lawrence, examined by Mr. Karslake—l am in partnership with Mr. Fry. We carry on the business of timber-broker!' in the city bf Lon don. I have known Mr. Roberts for many years as a person connected with the timber trade. Mr. Fry, my partner, is a cousin of Mr. Gurney, of Gur ney, Oyerend, and Co. I believe Mi. Roberts has been concerned in Government contracts for timber. He introduced Mr. Windham to me in the first or second week of October last. Mr. Windham said he had some timber to sell, and asked me if we were in a position to 'purchase it. He said he was very short of money, and asked me to examine a paper of conditions. I did so, and then told him I would go into the matter, and I had no doubt we would purchase the timber. I afterwards went down to Felbrigg, but before leaving town I had a second interview with Mr. Windham on the same subject. I went to Felbrigg on the 24th of October. Mr. Fry accompanied me. I had previously seen Mr. Robinson, a large timber contractor, and had mentioned the contract to him. He authorised us, if we found it a suitable contract, to enter into it for him. We stayed at Felbrigg till the morning of the 26th of October. I had the rough draught of the contract, or agreement, with me. On the 25th I was driven over the estate to see the timber by Mr. Windham. I ascertained generally what timber there was on the estate, and after wards inquired into the means of carriage. We found that we should have to take the timber by road to Norwich, a distance of about 23 miles, and then by railway to London, or by water from Yar mouth. The agreement was signed on the 25th. It runs as follows : " October, 25, 1861. " William Frederick Windham, Esq., of Felbrigg•hall, Norfolk, agrees for himself, his heirs, successors, and assigns, to sell to William Francis Lawrence and Walter Joseph Fry, of 10, New Broad-street, London, the whole of the timber which may be cut on his Norfolk estates during the next four years, to the extent of not less than £5OOO per annum, and on the following conditions :—The oak timber trees to be paid for at the rate of 12d. per cubic foot, string measure, for all above 13 inches square, and Bd. per cubic foot for all oak timber trees that may be under 13 in. square, and for all other kinds of timber trees about 14 in. square at 6d. per cubic foot. The trees to be taken by the buyers as they now are and stand, the lop and top branches and bark to be the property of the buyers in consideration of their paying all expenses for felling, &c. . . . The measurement for the girth to be taken (clear of the bark) at two-thirds from the butt-end of the tree, and for the length, by two parties to be appointed, who are to choose an umpire before they begin to work, to decide in case of dispute. Mr. Wind ham agrees to give free ingress and egress to the buyers, their men, horses, &c , for the above purposes, and to let them a piece of land of four or five acres at the rate of £1 per acre. This contract only to be binding on the payment of £1,0:,0 into the hands of Mr. Windham, and the remainder in monthly payments of £350, commencing from January, 1862. Timber trees which may be required to be cut down, and which are under 10 in. square, to be agreed for after wards, as the above contract does not contemplate any trees being cut down of small size unless absolutely necessary. " VI. F. WlNDu.a.m, " Witness to the signature of W. F. - Windham, Esq.— " AGNEs WINDHAM." I saw a great deal of ornamental timber upon the estate. It was perfectly understood that we were not to cut the ornamental timber; it was so stated. The object of the last clause was that the growing timber should not be touched—that no more should be cut than was absolutely necessary. The £l,OOO which we agreed to pay was paid on the 25th. Winter-felled timber could be cut any time after No vember. We should not get the bark in that case. The timber of which we wanted to get the bark would be cut in March. I saw a good deal of overgrown thither on the e:,tatt... WC were to take all routs of t:mlwr. I ealci , latell that before getting any return ‘‘,, should have to expend. between 1:3044i And Itol.inso n took the contraet, and garc us 1:1,04.)0 to pay to :NI r. Windham. Wr.are only the brokers, 1.!.1 :qr. Windham Ages not know Mr: Robinson, as We ;lever give the natues of our principals. A Air. Freebridge went down and examined the timber at our request. He is a man of great experience in valuing timber. Shortly after entering into the contract General Windham called upon me, and learnt from me the terms of the agreement. I forget whether I gave him a copy of it, but I think I did. I saw him twice. We made him au offer with re spect to the contract. We proposed to give it up, provided we got our money back, and an indemnity against future legal proceedings. Having regard to the nature of the timber and the distance, the contract is not particularly advantageous to us. In all his dealings with us Mr. Windham conducted himself like a reasonable and sane man, Cross-examined by Mi. Cnambers—Mr.Fry attends to the financial part of the business; he knows nothing about timber. I got the £l,OOO which I paid to Mr. Windham from my own bankers. On Oct. 29 I received £4,259, in the form of accept ances, from Mr. Robinson. That was after I had advanced the £l,OOO by way of deposit. Some of the acceptances have been discounted; the others we have. It is possible, indeed, that all have been discounted. I cannot say when they were dis counted, or where they are to be found now. They are all six months' bills, but I do not re collect how they are divided as to amounts. Mr. Robinson carries on his business at 14, Mark-lane; he has been there for about two years. Before that he was a member of the Stock Exchange, He rents a house in the Clapham road which I formerly lived in, bat it does not belong to me. Ho took it off my hands about THE c SUN, LONDON, WE DNESDAY EVE NING, JAN tjA Y 15, 1862. nine months or a year ago. My eldest brother is his partner, and has been so nearly two years. Our principals in the Felbrigg transaction were Robinson and Company. I have known Roberts for 20 years. He was a bankrupt about 10 years ago. I was not a creditor of his, but I have had dealings with him in the timber trade. Roberts was a timber merchant and Government contractor. Our place of business is No. 10, New Broad-street. Mr. Windham came to our office accompanied by Roberts, who said, "Here is a gentleman who has some timber to sell." That was the first time I heard of Mr. Windham having timber to sell. I had not had any conversation with Roberts on the sub ject before. I did not recognize the handwriting of the paper of conditions. I told Mr. Windham that I would look into the matter, and let him know the result in a few days. He gave me his address at the house in Piccadilly. I did not go there, but Mr. Windham and Mr. Roberts called at our office a second time. I then told Mr. Windham that I would go down to Felbrigg myself, and that if the timber was there we should probably take it from him. My partner and I travelled to Felbrigg alone. It was not arranged that Roberts should meet us at Felbrigg, but we found him there. The only other persons we saw at Felbrigg were Mr. and Mrs. Windham. We remained two nights and one day. It is the habit of timber-growers to prepare their own contracts. In the present instance I copied out the paper which had been brought to me by Mr. Windham and Mr. Roberts, and left the original at Felbrigg. The copy was signed by Mr. Windham before dinner on the evening of the 25th of October, in the presence of Mrs. Windham, Mr. Fry, and myself. Mr. Roberts was not present, but I think he was in the house. Mr. Mostin, the bailiff, may also have been in the house, but I did not see him. No arrangement was made as to the time when we should commence to cut. Not a single stick has been felled. I made the offer which I have mentioned to General Wind ham the first time I saw him. After a time I became so disgusted with the whole affair that I may have said to Mr. Hansel], the solicitor to Gen. Windham, that it was so low a transaction that I would rather lose my £l,OOO than have anything to do with it; but I do not recollect having used those words. Roberts would have received the usual considera tion of 1 per cent. upon the gross amount of the contract, but that was all the interest he had in it. Mr. Robinson gave us his orders about the contract verbally, and I can show no writing from him on the subject. We depended upon his honour for fulfilling the terms of the contract which he had intrusted us to conclude for him. Re-examined—We enter into a great many timber contracts for Mr. Robinson in the course of a year. There was nothing unusual in the present case. Roberts was entitled to 1 per cent. because he intro duced the business. He has been paid nothing. At one time Roberts had a large business as a mahogany merchant. I became acquainted with him when I was a timber measurer, and 1 have done business for him as a broker. We have some very large con tracts passing through our hands—sometimes to the amount of a quarter of a million. By the Jury-. --Wa never made a contract for the purchase of growing timber before. rt he average price of oak, delivered in the yard of the purchaser, is about `s per cubic foot. Item the viler, w 8 . 74 fixed at is per cubic foot, but we weir to pay for the car riage, and Felbrigg is far from the market. It was optional with Mr. Windham to cut what quantity of timber he pleased, but we were bound, if required by him, to take it to the extent of £5,000 per an num. It was understood that none of the orna mental trees were to be cut. It is not a usual mode of measurement for the girth to take it at two-thirds of the length from the butt-end, but here no allow ance was to be made for defects which ought to could as equal to a difference of 10 per cent. in the price. Ido not consider the contract a particularly advantageous one. Sir H. Cairns said that before calling the next witness he wished to refer to a conversation which took place on Monday with respect to the examina tion of Mr. Windham, and the question whether or not counsel should be present. It was frequently desirable to examine alleged lunatics in private, and sometimes the sex or health of the parties made it necessary to do so ; but in the present instance, speaking on behalf of Mr. Windham, he should de precate a private examination. There was no rea son why his client should not be examined in open court, and Mr. Windham himself desired that his examination should take place in public, in precisely the same way as that of the other witnesses. Mr. Coleridge remarked that, considering the manner and tone in which certain questions had been put to many of the witnesses called on behalf of Mr. Windham—a manner and tone which he had never in his experience seen equalled—ho should feel it his duty to be present at the examination of Mr. Windham, wheresoever an d whensoever it might take place, to be himself a witness of every question addressed to him, of the tone in which it was put, and of the person from whom it proceeded. Mr. Chambers said he had no opinion to offer on the subject, but he might state that the exclusion of counsel was not unprecedented. The Master had no wish to make Mr. Windham a public exhibition in open court, whether with or without his consent ; and, indeed, the nature of the topics upon which ho must be questioned was such as to render even a private examination extremely painful. It would be almost inhuman to examine Mr. Windham in public, and he had been think ing whether even iu private he ought not to exclude certain topics. To permit such topic 3 to be gone into in open court would almost amount to a public outrage. As far as he wa3 concerned, however, he had no objection to the presence of counsel ; but in any case Mr. Windham would find himself, God knew, in very friendly hands. In conclusion, he had merely to say that the thought of the exaini nation taking place in public would exercise a paralysing effect upon him, rendering him unable to fulfil his duties. Sir 11. Cairns stated that the opinion entertained and expressed by his client was that everything which could cause pain had already been placed before the public. lie was perfectly willing that his examination should be conducted in open court. Sir G. Armytage, the foreman of the jury, said their only desire was that Air. 'Windham should be Qs much at his ease as possible during his examina- tion, and therefore they thought a private inter view would be better and more fair to him than an examination in open court. TL C subject ror - pr;l. Mr. .I'rechrid;ze, the 70.;th \, itncs= for the defence,.i ,4144 d he had been A. fourvt.yor of timber for the Royal Nary for 3 -3 dears, nfld • well Alittaitlteli with tie value of tiniher Rilti c•Artia4e expcn cs, Orr the 17th Nov. last, at the requi:A of :\les.r. Lawrence :Aid Fry, he went down to look at the timber at Felbrigg. lie made inquiries about the expense of carriage at that place. There was no local demand for timber, While walking over the estate he saw many trees which had been blown down by the wind, and wlich had lain unsold since last spring. The value of timber depended entirely upon the locality, and in such a place as Fclbrigg timber was not worth anything like 2s. Gd. per cubic foot. Only the best oak fetched that price, and a large propor tion of the timber marked out for felling at Fcl brigg was very inferior. The inquiry was again adjourned. BENSON'S WATCHES AND CLOCKS.—" Perfection of mechanism."—Morning Post. Gold watches, 5 to ICOguineas; silver watches, 2 to 50 guineas. Benson's new Illustrated Pamphlet, free for two stamps, descriptive of every construc tion of watch, enables persons In any part of the world to select with the greatest certainty the watch best adapted to their use. Watches sent free and safe by post on receipt of a remittance. —J. W. Benson, 33 and 34, Ludgate-hill, 46 and 47, Cornhill, London E.C. Established 1749. [ AI,VE RTISEMENT.]—IIoIIoway's Ointment and Pills.-- Scarlatina, Hooping-cough.—The diseases of early life are now causing fearful havoc amongst children. If Milo way's Ointment be well rubbed upon the throat and chest in such cases, the symptoms will be moderated and danger averted. Any intellgent person can effectually apply this soothing and cleansing remedy. A little attention to the directions enveloping each pot and box of Holloway's medicaments, will enable any one to prevent the disastrous consequences daily resulting from neglecting infantile dis orders till it is too late, for the little sufferer refuses food and sinks. Holloway's Ointment and Pills should have a prominent place in every nursery and on every toilet-table: all that is healthy they preserve, all that is hurtful they sweep away, LATP INTELLIGENCE.—Jan. 14. COURT OF PROBATE AND DIVORCE. (Before Sir C. Cresswell.) GETHIN V. GETHIN (BARONET). In this case, which has been so recently reported, and in which the jury had decided that Lady Gethin was not guilty of adultery. or collusion with Sir Richard Gethin, her husband, for the purpose of obtaining a divorce, the Attorney-General was about to make a motion this morning in reference to the costs, on the part of the Crown, but the Judge-Ordinary informed him that he had not time to consider the papers. The motion was, accordingly, ordered to stand Over. see me. I went to the boxes, where I found Mr. Harris in the lobby. Mr. Harris was accom panied by Mr. Barnett, and several gentlemen connected with the Lyceum Theatre were also present. Mr. Harris said, You told Mr. Ryder that I had obtained my protection from the Court of Bankruptcy." I replied " I told Mr. Ryder what I had heard." He then said, " There," and wrung my nose. Mr. Sleigh—Was that a figurative operation, or a really physical one ? Witness--Really I can hardly say, I was so ex cited. I felt his hand. He really wrung my nose. I said, " Mr. Harris, this is not the place for you to insult me." He then said " There!" again, wrung my nose again, and said " You are a hound," and spat in my face, I pushed him away from me. He said, " I am no boxer, you must give me the satis faction that one gentleman would give to another." Ho then turned round and said," Gentlemen, I call you to witness what I have done. The insult now rests with that fellow." He then left the house. What I had said to Mr. Ryder was no invention of mine. I only stated what I had heard. Cross examined—l told Mr. Ryder as we were going home together in a cab. I cannot say whether I had told anyone else. I may have put the question. The statement or question was to the effect that I had heard that Mr. Harris had got his protection in the Bankruptcy Court. I. heard it from Mr. Edward Lawrence Levy, solici tor. He was not my attorney, nor my father's. Such a statement, if untrue, would be very injuri ous to any person in our profession ; but 1 did not state that it was so, but only asked Mr. Ryder if he had hosrd of it, and said I had been told it was so. I may have told him that it was done by private arrangement under the new act, by which, if two thirds of the creditors consented, the others were obliged to do so. But I do not recollect saying that. I may have told Mr. May. Mr. May is connected with Mr. Phelps. He makes the dresses for Sadlers Wells Theatre. I would swear that I have not told a dozen persons. Ido not k now th a t suc h a state ment might ruin a gentleman in Mr. Harris's posi tion. I do not believe it would. I told Mr. May that I heard it from Mr. Levy. I did not tell Mr. Harris on that night ; he did not give me time ; nor did I tell him alter the indignity. I did not know what he had come for. I did not think Mr. Ryder would have repeated a confidential conversation. When I asked Mr. Ryder if ho had heard that Mr. Harris had obtained his protection, he said, "No, I have not; but I should not be at all surprised if it is so." Mr. Corrie (addressing Mr. Giffard)—Do you not think it is now time for an apology ? Mr. Giffard—ls it not time for a retraction of the statement that Mr. Harris was bankrupt ? Mr. Sleigh said that Mr. Chatterton had the state ment from a person likely to be well informed, one whose name was not unknown in connection with bankruptcy proceedings. Mr. Giffard had yet to show what was really stated to Mr. Ryder. Mr. Corrie did not see how such an assault could be justified. Mr. Giffard said, though not a justification, it was a great provocation to set abxoad a report that Mr. Harris was insolvent, which had not a shadow of foundation. The magistrate would consider that provocation in apportioning the fine. Mr. Corrie was not sure that if he decided the case it would be by apportioning a fine. Such an insult must have led to a breach of the peace, and but that fortunately the severity of th e l aw had pat a stop to duelling, it might have ended in that way. The defendant had accomplished one purpose in mak ing it known that the statement was unfounded. After some consultation, counsel failing to agree upon any compromise, the case proceeded, Frederick Penny, manager of the free list at the Lyceum, coiroborated the statement of the com plainant, and added, that after the assault the de fendant said to him, "I think he has been insulted enough." Giffird, for the defence, said it was unneces sary to call more witnesses to the facts, which were admitted, He proposed to examine Mr. Ryder as to the conversation in the cab. This was agreed to, and Mr. John Ryder was called. He deposed—l was riding home with Mr. Chatterton in a cab :on the night of last Friday week. He said, "Of course you aro aware that Harris has got his protection from the Court of Bankruptcy." I said "No, lam not aware of anything of the sort." 1-to said, " Well, it is so." I said, "I don't believe it." lie said, "I know it." I said, "If it were so, the whole IN orld would know it." lie said, " No, it is under the Private Arrangement Act, by which, if two-thirds of the creditors come in, the others are compelled to do so, and he has three years to settle his affairs." Cross-examined by Mr. Sleigh—He did not say from whom ho heard it, and I did not ask him. On Saturday night I told Mr. Widdicomb, and on Monday night Mr. Harris came to me in my dress ing-room and asked me if Mr. Chatterton had made such a statement, and if he might use my name. I replied in the affirmative. That was at half-past eight, being probably about ten minutes before the assault. Mr. Giffard said that Mr. E. L. Levy was now in court, and if the magistrate thought he ought to call him he would. Mr. Corrie—lf your client had gone to Mr. Chat terton, as he went to Mr. Ryder, all this mischief would have been prevented. A long conversation followed, in which Mr. Corrie urged upon the parties to come to some arrangement, Mr. Gifford expressing his client's readiness to apologise if the other party would dis tinctly withdraw the imputation of bankruptcy, Mr. Chatterton, through his counsel Mr. Sleigh, was understood to insist on some condition with regard to costs. Mr. Corrie, who was made acquainted with the point in dispute, thought it ought not to stand in the way of an arrangement, observing that it would be much better to settle the matter for many reasons, and that it would probably come to the same event at the sessions. Mr. Chatterton—lt must go to the sessions. Mr. Sleigh—l am silent, sir. You understand why. My consultation is at an end. Mr. Giffard—Under the circumstances, sir, you will, I suppose, bind the defendant in very light recognisanees. Afr. Sleigh—On his own recognisances will be quite sufficient. The defendant and the witnesses on both sides were then bound over to appear at the trial. WORSHIP-STREET.—THE RECENT CASE OF GAROTTING.—CaIeb Cusac, apparently between 25 and 30 years of age, described as a wheelwright, and living in Ann's-place, Hyde-place, Hoston, was brought before Mr. Leigh on the following re manded case of assault and robbery, which has since resolved itself into one of the most serious cha racter. The victim of this atrocious act is a Mr. Richard Pearce, at the time of his demise in the prime of life, married, and engaged as a commercial traveller to a large firm in Sheffield. The particulars of the outrage, so far as related to the evidence of the police detectives, Devitt and Watts, are fresh in the memory, and Mr. Baird now appeared to defend the prisoner, but not any solicitor attended on the part of the prosecution. Mr. Herbert Salford, clerk of the court, read the following deposition made by the dying man, and taken by the former gentleman before A. Knox, Esq., a few hours previous to death :—".T am now lying at the Sutton Arms public-house, Carthusian- street, Aldersgate. On Thursday night last, be tween 10 Red 11 o'clt , otr. T went into a public-house ! in shmiditch, A ilt t 1 r,,t•.t !II(' pii.mtier and anotfict ' tu.tu, hut I will not swear that he followed me out. 1 wont into Ari.l ll ( 1 public-11(.11 , c And had t. Pro 1. Ril -1 g i n; ni g i n A,u,t , Ater hut. \Vt Ltu.',v.:,d over the road into a dark pa.-:.age. Two men were there. One of them put his arm round my neck and twisted it, the other got hold of my hands and throw me down on my back and rifled my pockets. Ido not recollect whether the prisoner was in the passage. I swear that he was in the public-house. I became insensible. When I came to myself I found that I had lost my gold watch and chain, and another gold watch and chain. I also lost four sove reigns in gold, and a diamond ring that were in another part of my purse, and from other pockets some keys and a steel chain and some silver. I managed to get up and reach the end of the street, where I saw a policeman, and cried " Stop thief." Another man was with him. I did not see him after he left the public-house. He had not this Jim Crow hat on, but a woollen cap with a projecting peak. He had the same scarf on that he now wears. The men who attacked me were not tall nor short; young men, not old men; sallow complexion ; that is the way I reckon them up. A woman in black was accompanying me from the second public-house to the dark passage, and we had two half-goes of hot gin and water. At the first public-housei took out the diamond ring and showed it to the landlady. They could also have seen the watch and chain on me. When I went down the dark passage the woman in black said, " This is a convenient place. Yon will find it the nearest way to the City-road." The woman in black spok e t o the prisoner and the other man in the public-house. To this statement Mr, Pearce could affix his mark only, and it was witnessed by Mr. Safford and the medical attendant. Mrs. Pearce was pre sen t the whole time, and restoratives were conti nua ll y supplied to the sinking man before the somewhat disjointed deposition could be given. The prisoner at times was moved even to tears. Mr. Saffoid mentioned that on the previous even ing an inquest was held upon the body, but was adjourned. _ _ Ur. Eyau Eyans, of Beech-street, Barbican, our- - R:~:~ geon, was then sworn, and said, between two and three o'clock on the 3d inst., I was sent for to the Sutton Arms, and saw Mr. Pearce, now deceased— he was very much exhatisted, and but partially sen sible—that is to say, he could hear when roused, but immediately afterwards relapsed into insensi bility. He complained of his neck, which was slightly swollen, but not any bruise marks were visible at that time. The most alarming symptoms were weakness and tendency to become insensible ; still I was able to extract an account of what he had undergone. Later in the day the throat symp toms became more marked, he continued upon the whole slightly improving ,up to the 7th, although the swelling had rather increased. After that shivcrings ensued, with other symptoms of more dangerous character, rendering it important to make an opening into the swelling, from which a large quantity of putrid bloody serum escaped. His condition, for the following two days alter nated between improvement and relapse. On the 9th there were indications that the result would most probably prove fatal, in consequence of the putrid matter himving escaped into the blood. He never rallied after that time, it being then about nine o'clock. He had evidently been yielding to the effects of the poisonous discharge since the 7th. I have made a post mortem examination partially only, and decline giving any opinion as to the cause of death until I have concluded it. Mr. Beard hear remarked that he had a complete answer to the charge against the prisoner, who was the son of respectable people. At this stage of the proceedings ho of course should not enter upon the defence, but pressed for permissien to put in bail, as the evidence was of such a vague and unsatisfactory character. Mr. Leigh declined to accept the proposition,and Inspector Webster, N division, having declined to offer further testimony upon this occasion, The prisoner, who had not uttered a word while before the Court, was removed to the cell. ROGERS V. ROGERS.-JUDGMENT. Sir C. Cresswell, in delivering judgment, said that the case came before the Court on affidavits which had been filed by the Queen's Proctor, who thought he was called on to intervene after the trial, when the petitioner obtained a decreo nisi. The present motion on the part of the Crown was, that an issue should be sent to Haverfordwest to be tried before a jury, but he had no difficulty in &al , which he should refuse. ing with that application He had read the affidavits which alleged adultery on the part of the respondent, but on comparing them with the evidence at the trial he was not satisfied with them, and thought he must pronounce the decree absolute. At the same time he consi dered that the Queen's Proctor had taken a proper course in intervening in the case. Mr. Searle subsequently applied for the costs as against the Crown. Sir C. Cresswell—l do not think I can make any such order. MEAD V. MEAD.---JUDGMENT. The question in this case had reference to perma nent alimony and to the custody of the children. The petitioner was the wife, and she had obtained a decree for dissolution of marriage with her hus band on the ground of his cruelty and adultery. Sir C. Cresswell decided that the husband should place £l,OOO in the hands of trustees to secure the petitioner an annuity of £4O, and the youngest child should remain in her custody until further orders from the Court. BAWDEN V. BAWDEN-JUDGMENT. Sir C. Cresswell said that the wife, who was the respondent in the case, was a lunatic, and confined in a pauper asylum. The question was whether the petitioner should be allowed to proceed with his suit under these circumstances. It was no doubt a hardship on his part if he could not do so, but it would also be very hard on the respondent to have the case tried when she was not in a position to de fend herself. He was informed that in a similar in stance Sir Herbert Jenner Fust refused to allow a case to be heard, and he (Sir C. Cresswell) thought he must adopt the same course. DICKENS V. DICKENS. Dr. Phillimore, Q.C., on behalf of the petitioner, Mrs. Dickens, appli e d for an order for attachment against the respondent for non-payment of £l5O, the costs which bad been taxed. In July, 1859, a divorce was granted Mrs. Dickens, and afterwards an order was made for £6O a year permanent ali mony. Au attachment was granted against the respondent for .£73 arrears of that alimony, whi c h was served on him with great difficulty, and he was at present in the Queen's Bench. It appeared that he had held a situation in a Government office, and he trusted the Court would grant the attachment for the costs as well as the arrears of the alimony. Sir C. Cresswell granted the application, and directed the attachment to issue. SEDDON V. SEDDON AND DOYLE-THE ONE FARTHING . - • DAMAGES CASE, Our readers will recollect that in this case, whi c h was fully reported, and which occupied the Court two day'', the petitioner, who is A clerk in an cx . ten .ire cabinet manufactory in London, instituted a ,tiit„ tot a dr:.:a4iition of marriage on the ground of hi wife?s adultery with the co-respondent, and the jury retrrned a verdict that Ole h , 3(-I been guilty of the adultery pleaded, that the petitioner had also committed adultery Nvith another female, and that by his own immorality be had conduced to her mis conduct. Damages were claimed, which the jury assessed at one farthing. Dr. Phillimore, on behalf of the petitioner, now moved for judgment and also for costs against the co-respondent, He contended that, notwithstand ing the finding of the jury and the small amount of damages awarded, the evidence showed that the co-respondent was aware that Mrs. Seddon was a married woman at the time when he cohabited with her.. The parties had been dismissed, but his lord ship had made an order by which opportunities were afforded the respondent to seo her children. lie submitted that ipso facto the Court had no power to make such an order, and moved that it be rescinded. Mr. Hannen, on the part of the respondent, con tended that according to the section of the Act re lating to the custody of children, the Court had the power to make such order. Sir C. Cresswell-14 , hen I dismiss the parties I am clearly of opinion I have not such power. It would be absurd to suppose that the legislature in tended to give me jurisdiction over all the children of married people in the kingdom. Mr. Hawkins then applied for the costs of the co-respondent, and Mr. Hannen made a similar application on behalf of his client. Sir C. Cresswell—Were I vested with authority to deal with persons guilty of crime when brought before me, I should certainly inflict a fine on the petitioner; for nothing could be more cruel than his treatment to his wife, who had been forced by his misconduct to throw herself into the arms of the man Doyle. With respect to the application on behalf of the respondent, it was perhaps salutary that women guilty of adultery should know that they lost all right, as far as this Court is concerned, of access to their children. I cannot grant the petitioner his divorce, and, as his wife has been guilty of adultery, I cannot entertain her applica tion and permit her to retain the custody of the children. I consider that the petitioner has no right to his costs, he having been proved so great a delinquent himself, and he must pay the wife's costs, it being necessary for the ends of justice that husbands should do so, wives being without means of their own. As regarded the petitioner and Mr. Doyle, they must each pay their own costs. WATSON V. WATSON AND "WILKINSON. Sir Charles Watson, Bart., petitioner, instituted a suit for a dissolution of marriage by reason of his wife's adultery, and claimed £lO,OOO damages. The case was heard at the sittings after last Term, and the jury found a verdict to the effect that the alleged adultery had been committed; but that the peti tioner had been guilty of adultery with divers females, and they assessed the damages at 40. The caso bus been too recently before the public to require any recapitulation of the facts. Mr. Hautten, on the part of the petitioner, now prayed the judgment of the Court, which has been reserved. Mr. Macaulay, CI C., for the co-respondent, con tended that a month should elapse before the Court should pronounce judgment; cud the trial had not taken place until the 18th of last month. Sir Cresswell agreed with Mr. Macaulay, and deferred judgment. Mr. Macaulay applied for hifi client's costs. Sir C. Cresswell—you appeal. for the co-respon dent. I shall allow you no costs. (Laughter.) BUSINESS OF THE COURT. This was the first day the Court sat this Term, and though a list has not been published, it is understood that over 100 cases stand fur hearing. 7' r) P IY TR %TCP._7• 1,1 110 W-61 . 1:1•11.11'. -A. 'ft+ \•rui4: Mr. Augustus IlArri.:4,._Livoes: ul thc Thcati r, Appearce. to iins.-t.r cilargiti;z hi'n Wlth Fredutick lialf,t . ChA.tici on, the acting inanager of the Lyeeatu Theatte. Counsel appeared on both sides. Mr, Sleigh, instructed by Mr. Holmes, for the complainant ; and Mr. Giffard, instructed by Messrs. Lewis and Lewis, of Ely-place, for the defendant. Mr. Sleigh, in opening the case, expressed great regret at seeing two gentlemen of great respecta bility in the antagonistic position in which they now appeared. But as the voice and custom of society in the present times had unanimously con demned the practice of duelling►, the complainant had no alternative but to take these proceedings in reference to that which had been committed upon him, not merely an assault, but a very gross indig nity. Mr. Sleigh then stated the circumstances as they appear in the following evidence, and ob served that it might bo asked why, after being insulted by Mr. Harris pulling his nose and spit ting in his face, Mr• Chatterton did not do what ninety-nine men of spirit out of a hundred would have done—knock his assailant down ? But, con sidering that Mr. Chatterton, as acting manager, was responsible for the preservation of order in the theatre, and therefore was the last person who should in that place break the peace, or join in breaking the peace, even in retaliation for so grave an outrage, ho thought Mr. Chatterton deserved great credit for the self-control which he had exer cised in restraining himself from striking the defen dant in return. It was much to be regretted that the defendant had not apologised, but if he even now frankly offered to do so it would be accepted. Mr. Giffard said the defendant had offered to apo logise upon a certain condition, which had been rejected. Mr. Sleigh then called the complainant, Mr. F. Balsar Chatterton, who said—l am the acting manager of the Lyceum Theatre. I know the de fendant, but have not lately been on intimate terms with him. On Monday evening, the 6th inst., I received an intimation that Mr, Harris wanted to FROM THE GAZETTE OF LAST NIGHT. ADMIRALTY, SAN - . 13. The Lords Commissioners of the Admiral have to notify to the Royal Navy and Royal Marines that, on the 17th of February next, the full mourning for his late Royal Highness the Prince Consoi t will be discontinued, and that officers of the Royal Navy and Royal Marines are, from that day, only to wear with their uniform, a black crape round the loft arm until the 10th of March, when the morning will cease. By command of their lordships, C. PAGET. ST. JAMES'S PALACE, JAN. 9. The Queen has been graciously pleased to appoint Lieu tenant-Colonel Wm. Griffin Sutton clerk of the cheque and adjutant of her Majesty's Royal Body Guard of the Yeo man of the Guard, vice Major-General John Fitzmaurice, K.H., promoted. FOREIGN-OFFICE, JAN. 13. The Queen has been pleased to approve of Mr. James Q. Howard as Consul at St. John, New Brunswick, for the United States of America. The Queen has also been pleased to approve of Mr. H. Sonnenkalb as Consul at Point de Gallo, Ceylon, for his Majesty the King of Prussia. The Queen has also been pleased to approve or Mr. Ru dolph Zapp as Consul at Singapore, for his Majesty the King cf Hanover. The Queen has also been pleased to approve of Don Pio de Emparanza as Consul, and of Don Narciso Perez Petinto as Vice-Consul, at Sierra Leone, for her Majesty the Queen of Spain. WAR OFFICE, PALL MALL, JAN. 14. Ist Regiment of Dragoon Guards—Cornet John Nethercote to le Adjutant, vice Lieutenant David Wale, who resigns that appointment. 6th Dragoons—James John Harrington Cottle, Gent., to be Cornet, by purchase, vice Smith, promoted. Bth Regiment of Foot—Francis James Stuart, Gent., to be Ensign, by purchase, vice Richard Reynell Aylmer, who retires; Charles James Holman Playter, Gent., to be Ensign, by purchase, vice Charles Blandford Crease, who reth as. 10th Foot—Staff Assistant-Surgeon John Clarke, M,1).., to be Ati.,:tant -Surgeon, vice John Tulloch, M.D., ap pointed to the St. Helena Regiment. 16th Foot—Gentleman Cadet Walter Hepburn Melitas Fitz Herbert, from the Royal Military College, to be En sign, without purchase, vice Edward Julian Bigg Wither, appointed to the 28th Foot; Augustus Goring Bridger, Gent., late Ensign, Royal Sussex Militia, to be Ensign, by purchase, vice John Munn, who retires. 17th Foot—David Dempster Chadwick, Gent., to be En sign, by purchase, vice Aylmer, promoted ; Staff Assis tant-Surgeon Alexander Allan, M.D., to be Assistant• Surgeon. 21st Foot—Kinnear Browne, Gent., to be Ensign, by pur chase, vice Ernest Theodore Evans, whose appointment, which appeared in the " Gazette" of the 22d October, 1861, has been cancelled. 26th Foot--Ensign William Barton Wade to be Lieutenant, by purchase, vice Charles Henry Wills, who retires; Vivian Davenport, Gent., to be Ensign, by purchase, vice Wade. 30th Foot—Staff Assistant-Surgeon James Paxton, M.D ., to be Assistant-Surgeon. 32(1 Foot—Gentleman Cadet Arthur Elehank Havelock, from the Royal Military College, to be Ensign, with ou t purchase, vice IValshe promoted. 33d Foot—Lieutenant Geor g e Beresford Deare, from th e 53d Foot, to be Lieutenant, vice Charles Francis Mundy, who exchanges. 36th Foot James Chambre, Esq., late Chaplain 14th Light Dragoons, to be Paymaster, vice Freud, trans ferred to the 51st Foot. 41s1, Foot—Lieutenant William Henry Gardner Cornwall to be Captain, by purchase, vice Richard Nugent Clay ton, who rotirps; Ensie.,n John Wright Westby to be Lieutenant, by purchase, vice Cornwall ; Barnett. Nether-. cote Anley, Gent., to be Ensign, by purchase, vice Westby. 44th Foot—Staff Assistant-Surgeon Henry William Devlin to be Assistant-Surgeon, vice Edmund Greswold M'Dowell, who exchanges. 47th Foot—Staff Assistant-Surgeon James Jameson, M.D., to be Assistant-Surgeon. 51st Foot—Paymaster William Causabond Frend, from the 36th Foot, to be Paymaster, vice George Henry Shuttle worth, transferred to the 15th Foot. 53d Foot—Lieutenant Charles Francis Mundy, from the 33d Foot, to be Lieutenant, Nice George Beresford Deare, who exchanges. 57th Foot—Lieut. Henry Mosley Muttit, from the 65th Foot, to be Lieutenant, vice Murray, who exchanges. 68th Foot—Staff Surgeon Philip Henry Eustace Cross to be Surgeon, vice Henry Downes, M.D., who exchanges. 69th Foot—Lieut. Samuel Lee H. Hamilton Ffinney to be Adjutant, vice B. H. Burge, who resigns that appoint ment. 60th Foot—Captain G. Robert Stewart Black, from the 99th Foot, to be Captain, vice Medhurst, who exchanges; Staff Assistant-Surgeon George Edward Gascoyen to be Assistant-Surgeon. 64th Foot— Wm. Charles Mathews, Gent., to be Ensign by purchase, vice John O'Dell, who retires. 65th Foot—Lieutenant Robert Murray, from the 67th Foot, to be Lieutenant, vice Muttit, who exchanges. 74th oot—Staff-Assistant-Surgeon William O'Halloran to be Assistant-Surgeon, vice Arthur Chester, appointed to the St ff. 79th Foot—Ensign Alfred Hutton to be Lieutenant, by purchase, vice Francis Pemberton Campbell, promoted, by purchase, in the Ceylon Rifle Regiment; Charles Robert Kennett Fergusson, Gent,, to be Ensign, by pur chase, vice Hutton. 90th Foot—Capt. James Clerk Rattray to be Major, with out purchase, vice Brevet Lieut.-Colonel Garnet Joseph Wolseley, who retires upon half pay. 98th Foot—Ensign Francis Lennox Grey. to be Lieute nant, by purchase, vice Justinian Henry Strong, who retires; John Oldham Ellis, Gent. (late Lieutenant Fer managh Militia), to be Ensign, by purchase, vice Grey ; Thomas Edward Brackenbury Townsend, Gent., to be Ensign, by purchase, vice Wm. Yates Foot, who retires. 99th Foot—Captain John Win. Medhurst, from the 60th Foot, to be Captain, vice Black, who exchanges. Royal Canadian Rifle Reginient—Statf-Assistant•Surgeon James Martin to be Assistant•Sutgeou. Ceylon Rifle Regiment—Lieut. Francis Pemberton Camp ' bell, from 79th Foot, to be Captain, by purchase, vice Berkley Charles Win. Chichester Bloxsome, who retires. St. Helena Regiment—Assistant-Surgeon John Tulloch, M.D., from the 10th Foot, to be Assistant-Surgeon, vice James Jardine, M.D., appointed to the Staff. CAVALRY DEPOT (Maidstone)—The retirement of Brevet- Major Wm. Griffin Sutton was upon full-pay, and not half-pay as stated in the Gazette of Jan. 7, 1862. UNATTACHED—Captain and Brevet Lieut. -Colonel John Bruce, half-pay 56th Foot, Staff Officer of Pensioners, to be Major, without purchase. MEDICAL DEPARTMENT. ttatl Surg, Major William Alston Dassauville, M.D., who retires upon half pay, to have the hon. rank of Deputy In -e-el or (=morel of if ospifal. , r , ) , .t Linif rowol tt , . , trt 1,01 to I. ,\IAj , Jt :‘1.9..1 1 - 191v/ic, i)., time Fo o t, t o b e et.in ee l Eu ,1:119 tlt,hangc . ; . Sarg Barrott, M. B. , from half pay 100th Foot, to be Staff Surgeon Staff Assist Surg Augustus Morphew to be Staff Surg, vide Waldegrave Rock Thompson, M.D., appointed to the 2d West India Regiment Staff Assist Surg Charles O'Callaghan to be Staff Surg, vice Edward Arthur Brien, appointed to the Ist West India Regiment Staff Assist Surg Watkin Sandom Whylock, M.D., to be Staff Surgeon Assist Surg Joseph Coleman Hornsby Wright, from the Royal Artillery, to be Staff Surgeon Staff Assist Surg Robert Speedy to be Staff Surgeon Assist Surg James Nicholas Bell, M.D., from the 93d Foot, to be Staff Surgeon Staff Assist Surg Johnston Fergusson to be Staff Surgeon Assist Surg Edmund Greswold M'Dow e ll, f rom the 44th Foot, to be Staff Assist Surg, vice Henry William Devlin, who exchanges Assist Surg William Menzies Calder, from the 49th Foot, to be Staff Assist Surg, vice Alexander Allan, M.D., ap pointed to the 17th Foot Assist Surg George Allan Hutton, from the 12th Foot, to be Staff Assist Surg, vice J. Paxton, M.D., appointed to the 30th Foot ' Assist Surg James Jardine, M.D., from the St. Helena Regiment, to be Staff Assist Surg, vice John Clarke, M. D., appointed to the 10th Foot Assist Surg Arthur Chester, from the 74th Foot, to be Staff Assist Surg, vice William O'Halloran, appointed to the 74th Foot Assist Surg John Henry Beath, M.D., from the 3d Foot, to be Staff Assist Surg, vice James Jameson, M.D., ap. pointed to the 47th Foot Assist Surg Stephen Henry Marshall, from the 2d Foot, to be Staff Assist Siirg, vice G. E. Gascoyen, appointed to the 60th Foot Assist Surg Frederick Murray Chalk, from the 15th Foot, to be Staff Assist Surg, vice E. O'Connell, appointed to the 16th Foot Assist Surg William Armstrong, from the 87th Foot, to be Staff Assist Surg, vice Kennedy, appointed to the Rifle Brigade Assist Surg John Thomas Milburn, from the 25th Foot, to be Staff Assist Surg, vice J. Martin, appointed to the Royal Canadian Rifle Regiment. Dispenser of Medicines Henry Logan Harvey to be Apo thecary to the Forces The undermentioned Staff Assistant Surgeons upon half pay to bo restored to full pay ;—charje ff Henry Young Godwin; John 'Wal, t 'erss M• 13,; Franki'in Gillespie, M.D.; Thomas mamma ; I leorigo Farr White • Frederick R o bert Wilson, M.B. ; Naths TAN Alcock ; Robert Edward Heath, M.D. ; Donald Macg illivray Davidson, M.D. ; Robert Adams, M.D. ; Itegim Croft Lever, M.B. ; Bronislaw James Jasdowski, M.l 3.; Caleb Shera. Wills; Robert de Burgh Riordan, and Sa Hanel Hope. The second Christian name of Assist Surg Ramsbotham, appointed to the Stai.T . in 11 se Gazette of the 3d December, 1861, is " Basnett," at:( 1 Barnett, as then stated. Bali VET. Captain and Brevet-Mayo r Arthur Need, of the 14th Hussars, to be Lieutenant .C 4 )lonel in the Army, TO BE 3TAJOB,' , IX TILE ARMY. Second Capt Thomas Jame s Maclachlan, of the Bombay Artillery Cavt, Thomas Clifton, Bon, bay Infantry Capt. Charles Henry Pani f a r, Bengal Infantry Capt. Henry Clerk, Madran Infantry Capt. How.nd Codrington, I lowker, Madras Infantry Capt. John I klexander MatPre w Macdonald, Bombay In fantry Capt. George E rnest Rose, Ili& Brigade The following promotio us to take place consequent on the decease of Lieutenant- Cteneral Dennis Daly, on the 19th of December, 1861 : Major- Gen. Allan T. Mael ian, Col. of the 13th H ussar s, to be Lient -Gen. Major-Gen. Sir Edward Lu 4 - lard, K.C.8., promoted for distinguished service on the 20 th July, 11358, to be placed upon the fixed establishment of Major -Gen. Lieut.-Col. C. Higginson Tel tah-Hecker, half-pay un attached, Assist.- Commandant of ' the Cavalry Depot at Maidstone, to bo Col. Capt. and Brevet-Major Henry Lowther Chermside, Roy al Artillery, Vibe Lieut.-Col. Capt. Harlon Lloyd Cafe, 9lth Foot, to be Major. The undermentioned Staff officers of .. -P ensi , ners, retired upC`u full pay, ta have a step of honorary rank : Capt, and Brevet Col. Edward Sterling Farmer, half Tay titint tached, to bo 11,2 - or-Gen. C a pt. Brevet Lieut.. Col. William O'Neill, half-pay unattached, to be Cl. The undermentioned ( *dicers to bo employed upon a par ticular service : Capt. Willi am W a lli s Ki:ng, from half-pay 12th Lancers, to be Capt. Acting Veterinary-Surg. villiam Barker Walters to be Acting Veterinary-Surg. BANKRL 'PT& David Braun and Benjamin Kortoske, hat manufac turers London-wall, City William Perton, jun., plumber, ijensington. Henry Frost, grocer, spitaifiods„.tiarket Leopold Fi-chel, merchant, Fenchu.ech-street Thomas W. Hentley, grocer, Reigate! John Kelland, saw mill proprietor, •Weatworth-street, Whiteehapel Samuel Lansdale, egg merchant, Croga. -street, Black friars-road The Rev. Alexander Watson, Harston, Can bridge George F. Cocksedge, assistant warelouseamm, Down ham-road, Islington Thomas W. Jewell, surgeon, Harwich James L. Pilbeam, simper, Rochester Edward Symonds, commercial traveller, "W - alworth Levi Fry, grocer, Boui•nemou; h Josiah Cherry, licensed victualler, Castle-street, Leiees ter-square Sidney Percy Child, tea merchant, Sutton, Surrey William Wilson, harness-Weaker, Hoddesdon Edward Reece Blackmore, baker, Islington John William F ea k es , plumber, Lupus-street, Pimlico Alfred Hall Brown, haberdasher, Norwich Ralph John Tippin, tinplate-worker, Love-lane, East cheap Thomas Smart, market gardener,. Woodford, Essex Edwin Alfred Garland, solicitar's clerk, Portswood, Hants Archibald Prentice Childs, surgeon, Ilammersmith William George, homeopathist ' Walsworth Thomas Webster Tennant, attorney's clerk, Camberwell John Woollet, carpenter, Bromley, Kent Horace Stebbing Roscoe, literary author, St. John, Nor.* wood Albert Green, physician, Paddington John Evans, traveller, Basinghall-street Andrew Dicker, jobmaster, Hammersmith Emanuel Beazley, sharebroker, Lothbury Charles Cotching, Aylesbury Daniel Lowe, licensed victualler, Birmingham Thomas Preston, sen., farmer, Stattesden, Salop William Cliff, cooper, Burton-upon-Trent Joseph Woodward, farmer, Adbaston, Stafford Robert and William Carson, builders, Nottingham James Hallam, beerseller. Nottingham Edward Perry, clerk in holy orders, Llangattock-Yrbon , Avel, Monmouth J. Burgess, painter, Weston-super-Mare John Dale, baker, Penzance Thomas Gamble, potato dealer, Huntington, Yorkshire IVm. Harwood, cab proprietor, Sheffield James Sinclair, M.D., Huddersfield John Cowburn, joiner, Millbridge, near Leeds Wm. Wilson, jun., and James Kaye, bobbin turners, Mossley Richard Boone, furniture broker, Pendlebury, Lancaster George Whittaker, farmer, Radcliffe, Lancaster Fred. 11. Emerson, supervisor of excise, 'Whitehaven James Roberts, butcher, Liverpool James Dalgliesb, ironmonger, Liverpool George Bowden, beerhouse keeper, Bristol George Peal, cordwainer, Nottingham Thomas Eris, joiner, Small-bridge, near Rochdale James Huhn", labourer, Stoke-upon-Trent Adam PankhutA greengrocer, Stoke-upon-Trent David Williams, .:11nkeeper, Llanelly John Purshouse, eiarterreaster, Sedgley, Stafford Charles Fish, greengrocer, Bothnia Wm. Adamson, shopkee t ier, Leeds Thomas Yeoman Yately, _licensed victualler Samuel Prescott, licensed victualler, Kirkby-cum-Os godby, Lincoln John Mitchell, publican, Monii - wearmouth Isaac Hudson, trimmer, Hartlepool John Claypole, publican, Foxton, Leicester James Mason, commission agent, Truro Wm. Fox, publican, Great Yarmouth Writ. Chapman, innkeeper, Wellingborough Henry Cook, jun., innkeeper, Gainsborough Francis Snook, carpenter, Fenny Stratford George Wham by, beerho u se keeper, Portwood, Cheater ohu Burrows Harrison, secretary, Birkenhead Thomas Bourne, brickmaker, Cardiston Mary Storey, innkeeper, Seaton, Cumberland Wm. Boughton, seedsman, Burgh-le-Marsh Henry John Carr, retired commander, Bradwell-near. the-Sea John Smith, farmer, Ashborne, Derby John Bromfield, brewer, Swansea Richard Saxton, beerhouse keeper, Alfreton Thomas and James Rolfe, hatters, Slough, Bucks Joseph Meyrick Meyrick, watchmaker, New Windsor Edwin Henry Wallis, innkeeper, Wantage, Berko Freeman Turner, general dealer, Oxford Helena Ann Hyde, dealer in fancy goods, Tenburb Worcester COUNTRY MA.RKE 2S. •‘w , - , LEEDS-JAN. 14. Arrivals of wheat small, and there was a thin attend ance at market. The trade continues in a very inanimate state, factors freely offering wheat at a decline of is to 2 5 per qr. Barley, unless fine, is lower. Beans and oats ra ther lower. MELTON MOWBRAY-JAN. 14. There was a small show of wheat to-day, and, with a rather inactive trade, prices slightly declined. Barley in slow sale, at barely late prices. Prices—white wheat, 62a Od to 67s Od; red, 54s Od to 62s per 36 stone; beano slow, at 44s to 50s for old ; new sorts, —s per 38 st. ; barley, 36s to 39s for malting, and 29s to 32s per qr. for grinding; oats, 22s to 32s Od per 24 stone. MARKET HARBOROUGH-JAN. 14. At this market to-day there was a meagre show of wheat, and the demand wax heavy; prices had a downward ten dency—old, 48s to 57s ; new, 62s to 67s per 36 stone. Barley at the extreme rates of the week previous, malting selling at 36s to 39s per qr., grinding Z.3os to 32s per 30 st. Oats, 26s to 33s per 24 st. ; beans, 423 to 465; new, 38s to 45s per qr. NEWCASTLE-UNDER LYNE-JAN. 14. At to-day's market business was dull, with a middling show of wheat. Prices gave way is to 2s per qr. White made 62s to 68s; red, 54s to 62s per 36 stone. Barley slow sale, at easier rates. Other articles hardly so dear. NORWICH CATTLE. The show of store cattle to-day was larger than last week, consisting of Scots, shorthorns, and Irish. The attendance of buyers was small, with a dull trade. Scots, 4s to 4s 6d ; shorthorns, 3s 6d to 4s 6d ; Irish, 3 0 6d to 4s Od ; Devons, 4s to 4s 6d (estimated weight when fat). Fat beasts a large show and sales slow, at 7s 6d to 8s 01 per 141 b. Sheep—There was a better supply of sheep in the pens, and a fair sale. Fat sheep, 83 Gd to 9s 6d per stone; prime, Os Qd., awl all sold. Pigs—A fair supply. Store pigs, IGs to 203; fat pork, ‘ -,, 1 od her ctone. THE EDINBURGH ART TREASURES EXHIBITION. —lh6 Chancellor of the Exchequer visited this exhibition on .Friday (says the iS'cotstneen), and expressed his snrprio at the extent and value of the collection. Upwards of 4,000 persons have passed through the rooms duzing the last week, and many are now expressing their regret that it is necessary to close on the 18th inst. BIRTHS. CLIFTON --On the 9th inst , at Agrennan, Castle Douglas N. 8., Lady Bertha Clifton, of a son. CREETHAIIII.—On the 9th inst., the wife of Major Charles Cheethain, late R.A., of a daughter. MARTELLI.—On the 13th inst., at 22, Upper Westbourne• terrace, the wife of Charles H. A. Martelli, Esq., barrio ter, of a son. PRIESTLEY.— On the 11th inst., at 31, Somerset-street, Portman-square, the wife of Dr. Priestley, of a son. MARRIAGES. ALEXANDER — STEWARD.—On the 9th inst., at St. John's, Paddington, W. Stuart Alexander, Esq., Lieut. R.A., to Emma Sophia, d aug ht er o f S. Steward, Esq., of Con naught-terrace, Hydo-park, GALSWORTHY —BARTLEET.—On the 14t11 inst., at Saint Mark's, Surbiton, John Galsworthy, Esq., of Mansfield street, Portland-place, to Blanche, the third daughter of Charles Bartleet, Esq., of Surbiton, DEATHS. 1 1 BLAMITIE.—On the 12th inst., at Thackwood, near Carlisle, Wm. Blanare, Esq., formerly M.P. for the county of Cumberland, aged 71. r, )1. BLADON.—On the 12th inst., Joseph Bladon, Esq., of Old.. field House, Uttoxeter, aged 77. I 4 BLA rn.—On the 12th inst., at Inchmartine, Neil Fergusson Blair, Esq., of Balthayock. CLADKE.—On the 11th inst., at Bath, Thomas P. Clarke, Esq., Commander R.N., aged 75. COCKBURN.—On the 13th inst , at Edinburgh, Dr. Arohd. W. Cockburn, F.R.C.S.E., eldest son of the late Lord Cockburn. DENTON.—On the 13th inst., at Albany-road, Camberwell, Mr. W. B. Denton, aged 47. k LoriDox : Printed and Published by IaURDO YOUNG, 0 i No. 112, Strand, Printer, at Tax SUN Mae, No. 112,Stran in the Precinct of the Savoy in the Cmuty et Mildleoeir• yreduerigh January 15, Ifte2,