The Sun. — London, England, 1858-08-25 00:00:00

COMMISSION OF LUNACY ON MR. RUCK. The inquiry in this case was resumed at Clement's inn Hall, yesterday morning. John Edwards, examined by Mr. M. Chambers—l am a =von, and have worked about 13 years fir Mr. Ruck. Sometimes his manner has been peculiar. He has of late years been trying at Pantlldu for copper mines. He has frequently shown me stones which he has picked up, and ohierved that they contained copper. There were small spots of sulphur is them, but there was no copper. A shaft was sunk by his order to the depth of 13 or 14 feet about 300 yards from his house, but nothing was found. Two labourers were employed in the work. I told Mr. Ruck that I would leave him if he went on in that way; but that did not stop him. I recollect him settling with his men on Saturday, the 24th of October. He owed me on that day £3 10s. 6d. He first gave me £3 10s. ; after giving me that he told me my money was more, and gave me a £ note. I told him that that amount was not dne to me, but he insisted on my keeping the £5 note, and took the £3 10s. back. On the following Monday I gave him £1 9s. 6d., observing, " Here is the change of the £5 note, sir." He put it la his book, and made no answer. There was £4 19s. due to the carpenter. Mr. Ruck gave him £5. He gave the cowman £5, which was about 255. more than was slue to him. I told him that it was too much, but be said, " Never mind, let him go." I recollect Mary Jones being locked up at Pantlldu. The carpenter, whose name was Hughes, was sent for a policeman, and as he did not return Mr. Ruck sent me after him. I met a policeman with Hughes on the turnpike road, and I west back with them towards Pantlldu. The policeman went into the house and saw Mr. Ruck, I remaining near the door. Mr. Ruck came out and said to me, " Did you see Daniel, Jack ?" I said, "He is gone away." "Confound him," he said, " you must go and get another." I then went to the next farm and I met Mrs. Matthews, Mrs. Ruck's mother, and Thomas Jones on the road. I went back with Mrs. Matthews to Mr. Buck's house. Mrs. Matthews told me that she must have Mary Jones released. After a few minutes Mr. Ruck said to me, "Jack, Mrs. Matthews is mad; have her tied ; you can guess by a person's eyes whether she is right or wrong." I said, " Where is Miss Jones?" He said," That's it ; she has let her out after I had kept her two days. If I had a gun I would shoot her this moment." After that he told me that be would have Mrs. Matthews before a magistrate, and on my opposing him he threatened to break my jaw. Half an hour after I went away. He did not say what he wanted a policeman for. Cross-examined by Mr. E. James—l worked for Mr. Ruck for five years continuously ap to October last. lie did not pay me my wages every week. Mr. James—Will you produce your book containing the entries of payments? Witness (doggedly)—Oh no, sir. (Laughter.) Mr. James—You must show me the book containing the entry of the payment of which you have spoken. Witness (after some hesitation)—You shan't see my book. (Loud laughter.) After some delay the witness handed his book to Mr. James, who read the entry, which was a simple record of the payment of the £3, and the subsequent return of £1 9s. 6d. Examination continued—l made the entry in this book last Friday, having bought the book on purpose to make it In. I copied it from another book. I don't know whether or not Mary Jones had been drinking before she was locked up. Re-examined by Mr. M. Chambers—My reason for copy ing the entry was that I expected to be questioned about it I keep a book in which I enter what I do every day, and the entry referred to was copied front it. Mr. Ruck never paid me any money in advance. Mrs. Ruck, examined by Mr. Sergeant Ballantine—l am the wife of Mr. Lawrence Rack, having been married to him 17 years. For some time after our marriage we lived very comfortably. I have six children. After the birth of the eldest child I and my husband occupied separate beds. He was occasionally in the habit of drinking considerably Up to April, 1836, except at the time when he was drinking, he did not appear to be affected by it. At that time, and down to August, 1836, I was residing at Pantlldu. He was then in a very excited state. He used to hire flys and drive about the country without any apparent object. He used to take me out with him by my own wish ; I did not like him to go out alone. I have walked with him in the woods at one o'clock in the morning. I went to the sea side alone. On my return I found him in a very excited state ; candles were lighted throughout the house. He continued excited from April to August, 185 G. He used to tell me that he was haunted by tunes and voices that he had heard. I got a friend to play lively tunes to him to banish the tunes and voices he had heard. In August, 1856, I went to reside with the children at Aberdovey. It was not in consequence of any quarrel. Reused to come there very frequently, and he often slept there. Latterly he slept there less frequently. lie was very affectionate to his children. In October last I was visiting some friends of Mr. Ruck'. in Kent. In August I ches hood. During our stay at Manchester Mr. Rack behaved very affectionately to me. Whilst staying in Kent in October I received a letter respecting my husband. I went to Wales and found him at a little inn, some miles from home. lle was excited, and seemed to wish to avoid me. I told him that I would go wherever he went. He did sot like that, but at last I persuaded him, and we got into the mail-coach together. On the journey he imagined that he saw people rushing into can't other's arms, and pointed to the road. There was nothing of the kind. On our arrival at Newtown a gentleman, whom 1 had never seen before, got into the coach. Nothing improper occurred between me and that gentleman. I did not say I would come to him ; he behaved quite like a gentleman. When we got to Welch pool Mr. Ruck said he would not come to me, adding that the boots would do for me. He then asked rae for money. I told him that I had £2O lent me by ray mother, and lie asked for It. He ordered a fly, and finding that I could not Induce him to go with me, I countermanded the order. I telegraphed for Mr. Barnet, a surgeon, at Read ing. There was no improper intimacy between me and Mr. Barnet. Nothing ever occurred to justify suspicion. It was at my hasbaud's wish that Mr. Barnet accompanied us to Manchester. My husband remained in the fly for an hour or two, and afterwards went into a bed-room in the inn. I did not go to him that day ; it was Friday. The next morn ing he asked for me, and on my going to him he said I ought to ask him to forgive me. i asked him what for, and he then made charges of the grossest kind against me in very dis agreeable language in reference to the lowest characters. lie afterwards said that he would forgive me, and I should came and dine with him. Mr. Barnet came down on Saturday Nothing of an immoral character occurred between myself and any one else on the night of Friday. I have heard ioree affidavits of Dr. Winslow and Dr. Sutherland read; there is no foundation for what is referred to in them. I accom panied Mr. Ruck with Mr. Barnet to Reading. On the way I slept in Mr. Ruck's bed-room at Birmingham. Ob serving me saying my prayers, Mr. Ruck remarked that I " might well say them." We arrived at Reading on Sunday, and stayed there till 012 following Thursday. On the Sunday Mr. Ruck ran away at Reading, having done to twice previously. On returning with a policeman lie appeared very happy and merry, shook hands with Mr. Barnet, and promised not to do it again. I slept with him at Reading, and he was constantly talking to me about improper conduct on my part. Ile said the electric telegraphs were going east, west, north, and south about me. Ile accused me of general prostitution. After he came back on Sunday he imagined he had forgiven me, and said he would give me a large bonnet and shawl, and take me to a place in London which people of my sup posed class frequented ; be said he would give me a large bonnet because my countenance being conspicuous people would recognise my character at once. He also said that he would take me where I should not be re cognised, and where I could walk out with people of my class. I have never in my life been at any place which could connect me in his mind with such associations. Up to October I was not aware of his having had two children by Mary Jones. He then told me so, and stated that Mary Jones had been talking to him all night about them, and had murdered them. At Reading, I found in his portmanteau oatmeal, candle, walnuts, rags, and bits of paper. There was a letter to a governess, and a memorandum-bock. [They were both produced end identified by the witness.] It was only while I was nursing the children that I ever occupied a different bedroom from my husband. My hus band's property in Kent yields about £1,200 a year; it is new being taken care of by his brother-in-law. I have let the farm in Wales. Before doing so I sold the stock, &c. The sale realised about £1,300. I paid £379 for debts, and £220 for housekeeping expenses, retain ing about £3OO for the expense of these proceed ings. I have nothing left besides. Since my husband's removal to Moorecroft (the asylum) T saw him there, in January last. His delusions continued. He told me that he had not forgotten a single thing that occurred at Welchpool, and also referred to Mary Jones. On my asking hint what he referred to as imp ro p er i n my conduct, he replied th at he would rather not tell m e , as I should only say it was delusion. ead the following letter, ad dreTbseeedlebayrnmedr. e lt ml uc n lC to o th th en e groverness of his children : " Welchpool, Oct. 30, 1837. " Dear Miss Barton, — Will y ou be so. good me oodns ? tolconti nue'east at your pest till you further hear from tell you that it has grieved me more than I ever--suet' Call:xrplesSlisethhaiit Mary Ann and myself have separate(, fin the fact, and for new c o m mon cause. Her in. is a stroke I bail never for a moment looked forward to. What ,te can you think of that I I myself was an eye-wltneS'7.. 4 certain overtures, most unmistakeable, on my w ay up to . t . bl , place, and certain facts, indescribable, passed— posalve proof of her having been completely lost to society for some time past. From her manner she was thoroughly prac tised, and no doubt gained while in London and else where. What a death blow. I might almost be dead to the world; but then, she moist sooner or later await the consequences of her folly and wilful way. She had clearly become tired of her cares, for she said it was much pleasanter travelling by herself than in my company- and the children. Of course, now, I cannot allow her to be with my children, or in Lny botabe• I hope never to see her again, and must insist upon her going elsewhere. I think now the country is tarnished beyond redemption, and I shall say good bye for ever. I believe I shall not appear at any rate for a long time. It now remains for me to make my own arrange ments. Tue children I should like to school in London. Arthur Dickie might go to that school near Birkenhead, Amy and the little ones to London, where I trust we may give them the attention they stand in need of. Will you write to me at the post 7-Want, General Post-office, stating what money you require, and collect the bills in ? I must tell you beside all this that I have cut, and shall never see Mrs. Matthews again, owing to her most violent conduct to me at Pantlldu, while Mary Jones was there, who has most insolently and shockingly betrayed me to the whole world." Cross-examined by Mr. E. James—The memorandum book produced was written at Welchpool, the letter on the 31st of October. I knew Mr. Ruck's father. I suppose he was a country gentleman. I never saw him before the marriage. He resided near Sittingbourne. My husband inherited the sum of £1,200 a year from an uncle or a cousin. He never proposed that we should separate. Miss Jones lived principally with my mother, Mrs. Matthews, and when the latter went to Pantlldu Miss Jones accompanied her. Miss Jones is my cousin. My mother is not now iu London. She is ill. For two months before the events of which I have spoken in October last, I was away from my husband. I was visiting in various places—Bed fordshire, Yorkshire, Lancashire, Kent, and Reading. During the last two or three years he was in the habit of drinking occasionally to excess. He was not perfectly well when he left home in August. lie had rheumatic pains. 1 started from home on the :28th of October. It was in con sequence of a letter from Mrs. Matthews. [This letter was produced. It stated that Mr. Ruck was far from well, and advised Mrs. Ruck to come home without delay. The writer said, " Mind, there is nothing serious."] I suppose the object of saying there was nothing serious was to allay my anxiety. [The certificate authorising the reception of Mr. Ruck at the asylum was here prsduced and read by Mr. James. It stated that the attack was the first, and extended over two years, and as to the supposed cause the words used were, "Probably partly hereditary, and partly from intemperance."] Mr. Barnett, a surgeon at Reading, filled in the words " Probably partly hereditary, and partly from intemperance." I did not read the order. I don't know that Mr. Ruck's family had ever shown in sanity. I lead always understood that there was great ec centricity in them. I had seen his father. His manner was very extraordinary, but I can't describe it. Mr. Barnet's name is not on his door as a surgeon. I do not know that he has any place for dispensing medicines. When I saw my husband in January be told me that he was perfectly well, and ought to be released. I do not remember directing Dr. Stillwell never to allow any person to see him. In May I directed that gentleman not to allow Mr. Wainwright, Mr. Ruck's professional adviser, to see him. I asked Dr. Stillwell not to allow Mr. Ruck to have money for any purpose. I knew that he wanted money to try the question of his insanity. Mr. E. James—Did you not refuse to let him have any money, and was net an application made in consequence to the Lords Justices, who ordered £230 to be allowed to have the question of insanity tried before a jury ? Witness—l asked Dr. Stillwell not to allow a money order to be signed for any purpose. Cross-examination continued— Mr. Wainwright never told me that if I did not allow money for the purpose of trying the question he would apply to the Court. I heard of the petition to the Lords Justices in June. I have paid Dr. Stillwell £lOO. The charge for residence In the asylum is to be £4OO a-year. I gave my husband £2B when he went into the asylum ; I have not supplied him with any money since. I have had no income myself. I have kept £5OO to conduct this case. Mr. James—Having kept £5OO to conduct this case, have you not refused to let your husband have one farthing? Witness—l refused to let Mr. Wainwright have any money. Cross-examination continued—Mr. Goord receives the rents in Kent. Dr. Stillwell told me that an order for money bad been asked for by Mr. Wainwright. I always refused to consent to any order. Mr. Wainwright never asked me for money at Dr. Stillwell's. I bad no power to give an order en Mr. Goord. Mr. James—Did you not refuse to allow your husband to sign an order on Mr. Goord for money to conduct his defence ? Witness—l asked Dr. Stillwell not to allow Mr. Wain wright to obtain any money-order. Mr. James—For the conduct of your husband's case ? Witness—To Mr. Wainwright. Mr. James—Who advised you to commence these pro ceedings? Witness—Mr. Goord. Cross-examined—Dr. Conolly was sent for to Reading. I slept with my husband on the very night before be was taken to the asylum. I was alarmed. I also slept with him at Birmingham. On that occasion he went to the portman teau, where be kept his razors, and that also alarmed me. I have let the farm in Wales for £2:20 a-year. The tenancy began in June. I saw Dr. Sutherland in May, before this commission was contemplated. I had not seen my husband since January. Re-examined by Mr. M. Chambers—l am - i . akirg care of i to . y six children. I • ,pay rent for the house at Aberdovey. my husband's coranement, oe k_ .f. - GFOOrd) has not given mg any money. My husband has a brother and sister who are, I believe, well off, and might have supplied bins with funds. Mr. Ackworth, my husband's solicitor at Rochester, never made any application to me for money on account of my husband. I asked several of my husband's family to take care of him, and they refused to do so. I have always been willing that he should be in their charge. I believe he is insane, because he is under delusions, and also because the highest medical authorities hare declared that be is insane. I have had conversations with his brother on the subject, and he told me that he himself had been in the same state. I have visited my husband's relatives in Kent, and bee❑ on friendly terms with them since be was pieced in the asylum. I had no power to sanc tion any order on Mr. Gourd for money. I knew that the proper course was to apply to the Lords Justices for money to conduct the defence, and I did nut oppose that proceed ing. I am not aware whether or not my husband still has in his possession some of the £ . 28 which he took with him into the asylum. I have from time to time written to the , asylum to make inquiries about him. In February he re- ' fused to see me at the asylum. He wrote a very rational letter to me in January. This letter was then read. It was dated the lst ofJanuary. The writer complained of having been left so long in the asylum, and asked Mrs. Ruck to come and see him. It was, he said, cruel to confine him there, as be had never deserved such treatment, and he awaited her coming with much impatience. Witness continued—l went to the asylum without delay. His first look was of anger, and he said he had not for gotten what occurred at Welehpool. It was then arranged between us that I should come again in February. I went then, and he refused to see me. _ By the Commissioner—l have been repeatedly to Moore croft (the a.ylum) since February, and he has always re fused to see me. Dr. Stillwell told me that it was best not to press him to see me, as he had exprosed an unwillingness to do so. Edward Harrison examined—l am a surgeon residing at Weichpooi. On the 29th of October last I was summoned to see Mr. Ruck at the Oak Inn. Mrs. Ruck stated to me what had eccurred en the journey to Welcbpool. I found Mr. Ruck walking in the entrance passage of the inn, and he seemed excited. I was told that he had ordered ally, and I found him sitting in one with no horses attached to it. His remaining in that position attracted attention, and I endeavoured to persuade him to leave, but he refused. He said he would not go into any house where Mrs. Ruck was, as she had colducte4 herself in an improper way with a gentle man, a fellow-traveller in a coach. On my questioning him on this subject, he said he saw a glance of recognition between Mrs. Ruck and the gentleman, and knew from that that there had been something improper. Ultimately he left the fl: and got into another, which was under a shed in the yard. He remained in the two flys probably for some hours. Nut being able to give up the whole of my own time to him I proposed that he should be watched. Mrs. Ruck appeared in great distress of mind. Two respectable per sons were employed to watch him. I arrived at the con clusion that he was under delusions, imagining things which e v o is u it ld l n p ot ai to h sibl i ' m , haveand taken place in that h ouse . O n every I visited him every day, he stated to me that she had had connexion with all in and about the hotel, and that they could have her at any time. I knew that that statement could not possibly be true. Mrs. Ruck's conduct at Welchpool was, as far as I observed it, that of a most virtuous person. Mr. Ruck's behaviour did not appear to me to be the result of immediate drinking. Mrs. Ruck gave me to understand at the first interview that he had been leading a very irregular kind of life, and had occasionaLy drunk to great excess; but notwithstanding this I ari ived at the conclusion that his conduct was not the result of immediate drinking. I did not consider him to have delirium tremens; I thought it was acute mania. Mr. Ruck gave a £lO note to each of the two assistants who watched him, anti who were sergeants of the Montgo meryshire militia. They afterwards Landed them over to me. . James—Theo tps foundeemr g be him might • LL y an i t .i s r d . iii tu n c o k t t t e o ll i e m e t i Cross-examined, aim g t o t !fe TZhlebOyn excitement E.et notes have arisen from the excessive use of intoxicating liquors. i g n which Re-examined by Mr. M. Chambers—Habits of intem perance tend to produce permanent insanity. The ser geants employed to watch were not in regimentals. I knew them to be respectable men. David Arnold, a Welsh postman—l have been a servant in the employ of Mr. Ruck. My wife washed for the family. Some time before I left he made a proposition to me respect ing my wife. Ile °tiered me £3OO if I would comply. I did not say much to him. There was nobody in the house but myself, and I dared not say much to a man like that. I did not consider him in a proper state of mind. No man in a right state of mind would have made such a proposition to a poor man like me. Cross-examined by Mr. James—l left Mr. Ruck's service a twelvemonth ago last March. lie had made this Morrao nite proposition to me :shout six weeks before. I told my site at the time. (A laugh.) I told nobody ele till I told Mr. Williams a fortnight ago, when lie came to ask me whether I had lived with Mr. Ruck. m r. Bailey said that until he rode in the coach with Mr. and had Mrs. ne v nr been Rock they were perfect strangers to him. Th ere the slightest impropriety between him and dril%onwlaturd. Ruck a b out Mrs. Ruck. b postboy at the Wynnstay Arms—l have him to a place a k i, tt u t t il t re country. Last October I drove the fly. I did so the fly for three hour. miles off. Ile told me to feed my horses, but to k ee p them s in ne t d was nearly 1' and left them in 2, :iefore we left. g ll o e nd got th o r t e i e t se n v ii e t r e a s. l ti l i i n e es n o s the way back. H e wa lk e d a t t o le carry candles ab o ut an d length shut out. dropped the grease. Ile was a Cross-examined by Mr. Pete him cut twice. Did not consider it nrii—Had only dri ven anything very remark able that a gentleman should walk part of the way; but Mr. Ruck only walked in the dark. He ought not t o h ave m ade tne keep my horses in the fly. M. M. Chambers—What was there in hi m t h at struck you? Witness—He did not strike me at all. (Laughter.) Mr. Chatrifiers—But what was there strange about his conduct ? Witness—There was nothing part!cular, except keeping the hrrses iil the carriage. Mr. Barnet deposed that he was a member of the College of Surgeons, and had practised at Reading 33 years. He bad known Mr. Ruck since 1831, and Mrs. Ruck be bad been acquainted with for '2O years. They always appeared to him to live together as a man and wife should. He went down to Welchpool, in October last, in consequence of a message he received by the telegraph. Mr. Ruck received him very cordially, and said he was glad he had come, as two fellows had been put over him to watch him, and pre vent him from going away, and he wanted to go. Witness inquired where Mrs. Ruck was, and he said she was nothing to him—she was a very bad woman, as bad as any woman who walked the streets, and he then left the room in an ex cited and abrupt manner. Witness then invited him to come and visit him at Reading, and he consented to do so ; hut appeared very restless and excited, and very unlike his former self. They all started by the mail to Shrews bury. He made no objection to Mrs. Ruck ac companying him. While they were waiting for the train at Shrewsbury, be appeared exceedingly restless, and every now and then he exclaimed, " I will be off to Liverpool; she shall swing for it." He also said, " She murdered two of my children." He then said that he had painful proof that Mrs. Ruck had been unfaithful to him with several men. Witness paid the bill for them all at Birmingham, and told Mr. Ruck he bad done so, but he insisted upon giving the hoots another fee. When they arrived at Readirg dinner was ready, and his wife informed him that Mr. Ruck had escaped. Witness followed and overtook him, and asked him where he was going, and he replied in a harsh tone, " What is that to you ?" He then said he would not go to his house again. He afterwards raised his stick apparently to strike him, and he s:•!zed his collar. Some persons then came up, and also a police man, and they went to the police-station, when Mr. Ruck charged him with attempting to poison him by drugging his wine. He then suddenly broke out with the charges against his wife, and said that she was a prostitute. A fly was then brought, and they returned home. On the following morn ing when they were at breakfast Mrs. Barnet handed him a cup of tea, and he pour:d it into the slop basin, and held out his cup for another, which was supplied him, and he drank it. Witness then sent for Dr. Conolly, and after he had examined Mr. Ruck, he and Dr. Conolly signed the certificate of insanity under which Mr. Ruck was removed to the asylum. Witness bad no doubt whatever that at this time Mr. Ruck was of unsound mind. He talked of his property, and said that his slate mines were worth £30,000, and that be had lead and copper mines that were of untold value. Mrs. Ruck's conduct was always unexceptionable and virtuous, and that of a good wife. Witness saw Mr. Ruck in the asylum in Aprillast, but he was so angry and violent that he had no conversation with him. Cross-examined—Witness was not aware that Dr. Still well had refused to allow Mr. Fisher, the barrister ( Mr. Ruck's brother-in-law), to see him. When he went in April he was accompanied by Mr. Williams, the attorney in the present proceedings for the petitioner. In an affidavit he had made in support of the petition he had described him self as having formerly practised as a surgeon ; but he would swear that he was in actual practice, and the description was a mistake. He was aware that the Act of Parliament required every person who signed a certificate of insanity should be a member of the Royal College of Surgeons in actual practice. He was sorry to say that Mrs. Ruck described the insanity of her husband as being hereditary. She also said that the family were very eccentric. Ile did not think, of course, that every eccentric man ought to be confined. He did not think that hereditary eccentricity was sufficient justification for confining any one. He was of opinion that the state of excitement in which he found Mr. Ruck might possibly, to some extent, be attributable to drink. -. ln answer to further questions Mr. Barnet admitted that be and Dr. Cottony did not examine him separately before they signed the certificate of his insanity, which is required by the statute, and he said he was not aware that by so doing he had subjected himself to an indictment for misdemeanour. He also stated that he had signed the usual document, setting forth that he knew of his own knowledge that the insanity was partly hereditary and partly occasioned by drinking to excess, when he admitted that he knew nothing personally upon the subject, and that this information he had derived from Mrs. Ruck and other persons. He likewise stated that he did not consider Mr. Ruck was mad when he accompanied him to the Manches ter Exhibition in August, and he did not see him again until he was sent for in October. Mrs. Sarah Barnet, the wife of the last witness, confirmed his testimony with regard to the delusions entertained by Mr. Ruck upon the subject of his wife being unfaithful to him ; and she also said that upon one occasion, when the table was laid for dinner, he took up a knife and played with it, and looked at his wife in a most savage manner ; and when the witness looked at him he laid the knife down and slunk out of the room. Mrs. Ruck, she said, was always most kind and affectionate to him, and she never saw her out of temper. Dr. Conolly was the next witness. He stated that he went to Reading to see Mr. Ruck in November last year, and after having received an outline of the particulars con nected with his case he saw him alone. Mr. Ruck con versed with him in a very good-humoured manner, and at length most unreservedly. He spoke to him of his wife's infidelity in the most gross and coarse terms. He also said that when she was at Welchpool she got drunk, and she committed herself in his presence. Oa the 18th of June he saw him again, having repeatedly seen him during ttlat interval, and the same delusions were then present to his mind. He was of opinion that it would be cruel to set him at large while these delusions existed, and he felt assured, from the nature of these delusions, that if he were to be freed from restraint, the conse quence might be that he would cimmit murder upon his wife or upon some one whom he looked upon as her paramour, or that in despair he might destroy himself. He added that he bad observed a change in the demeanour of Mr. Ruck since the month of June, and he was evidently now more reserved upon the subject of his delusions, but he had no doubt that they still existed, and he should consider it very dangerous to set him at liberty. Cross-examined—l have not had any conversation with ,at ,since the 18th of .June, but I have no doubt Ihe ought to be restrained untiihnurtiitig dplimi o n,_ r nptipvp that lie will eventually recover, but 3or the excitement that has been created by these proceedings. I should call his case that of Temkin, accom panied by delusions. lam aware that the Act of Parlia ment requires that ne person connected with. a lunatic asylum shall sign a certificate of insanity. I have no con nection with Moorecroft House. I merely visit the patients in the same way that many other physicians do, and I re ceive a fee for so doing; but I am in no way connected with or interested in the establishment. I recommend pa tients to be sent there because I know they are well treated. The establishment receives none but gentlemen patients. I have sent a great many patients there during the last few years. I do not remember having ever received a letter from Dr. Stillwell, the proprietor of the establishment, in forming me that he could not see any ground fir detaining Mr. Buck in the asylum. I never heard of Mr. Ruck having coramit!ed, or attempted to commit, any act of violence. Re-examined—lt is my opinion that, on the 18th of June, when I last conversed with Mr. Ruck upon the subject of his delusions as to his wife's infidelity, that they not only existed, hut were more intense than ever. Ifa patient showed reserve upon the subject of his delusion-, I should not consider that as an indication that the state of his mind was improved, but the contrary. In answer to questions put by the learned Commissioner, Dr. Conolly said that he was unable to speak to the condi tion of Mr. Ruck's mind at this moment, but his belief was that his delusions still existed, although he might endeavour to conceal them. The Commissioner suggested that it would be advisable that Dr. Conolly should have an opportunity of consulting with Mr. Ruck before the case was concluded, and Mr. James at once assented. The inquiry was then again adjourned. [ADVERTISEMENT]. —A Lieutenant of Dragoons Cured of Rheumatism by Holloway's Ointment and Pills. —This officer, who is i❑ the Hatch army, states that Hollo way's pills and ointment have cured him of rheumatism, which appearcd to be incurable, as neither sea-bat blue, vapour-baths, nor preparations vaunted as sure remedies did him any good, and the treatment of the doctor, after several months' trial, was without success. At this juncture he commenced taking these pills, and tubbing the ointment into the complaining parts twice a day, which effectually cuffed hint in the course of six weeks. The truth of this statement can be vouched fiu. by Mr. J. B. Stratman, of Bois-le-Duc. Printed directions for their use accompany these m'dicines. 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Important Caution against the fearful danger of spurious imitations.— The Vice-Chancellor, Sir William Page Wood, granted an injunction on March 10, 1854, against Alfred Hooper Nevill for imitating "Du Barry's Revalenta Arabica Food." , EXECUTION AT TAUNTON.—Thomas Baker Buck nell, convicted at Wells before Mr. Baron Watson, on Tuesday, the 10th inst., after a trial of two days, for the wilful murder of John Bucknell and Betsy Bucknell, his grandfather and grandmother, et Creeke St. Michael, near Taunton, on the 14th April last, was executed yesterday morning on the gallows erected on the summit of the county gaol. Although the evidence given at the trial left no doubt as to the prisoner's guilt, he has vehemently as serted his innocence, and evinced the utmost indifference to his impending fate. Mr. Trenchard, the solicitor, who defended him, exhorted the prisoner to confess his guilt, but he persisted in his statement that he was innocent. The Rev. F. Howse, the chaplain of the gaol, and the Rev. J. D. OArchaw, the incumbent of the parish of Cream, where the prisoner was brought up, also exerted their influence to induce the unfortunate man to unburden his mind, but he declined to listen to their advice, and re mained callous to the last. He was visited by his father and brother, and the scene is described to have been of a most agonising description. Yesterday morning, shortly before eight, the under-sheriff, the governor, and chaplain of the gaol, visited the prisoner in the condemned cell, and aeon after Calcraft arrived, and proceeded to pinion the convict, who bore himself with extraordinary firmness throughout. Upon arriving on the drop the executioner placed the pri soner tinder the fatal beam, the bolt was drawn, and in a few seconds life was extinct. Death was unusually easy. The crowd was considerable, though not so large as when Beale, the Leigh Woods murderer, was executed ;spit year MELANCHOLY CASE OF DROWNING.—About ognt o'clock last Monday night a boy named George Wood, about 13 years of age, in the employ of Mr. Page, baker, Preston-street, Brighton, went into the sea to bathe not far from the bottom of Russell-street. He by some means got out of his depth, which being observed by two boys by whom he was accompanied, one of them named May, living in Russell -street, got hold of his hand, but was obliged to let go to pr event b e i ng dragged in himself. The alarm was Rived, but deceased was not now to be seen, as it was rather dark. A seine net vras procured, with which two men named Collier and Collins succeeded in finding the body. THE SUN, LONDON, WEDNESDAY EVENING, AUGUST 25, 1858. LAW INTELLIGENCE. .COTSRT OF BANKRUPTCY.—Aua. 24. (Before Mr. Commissioner Fane.) IN RE CALVERT AND CO. This was an adjourned hearing of a trader debtor's sum- mons taken out against Messrs. Calvert and Co., by Hr. W. Kentish, for the sum of £l,OOO. After some discussioa the Court required Mr. Law, who appeared for two members of the firm of Calvert and CL., to state his objections to the summons. Several technical objections having been overruled, Mr. Law resisted the claim on its merits. The two mem bers of the firm for whom he appeared were not partners therei❑ at the time the money was lent—in February, 1848. It was open to Mr. Kentish to bring his action, and lie (Mr. Law) should certainly advise his clients to defend any such action. The Commissioner—Not being a partner in 1848 is no defence at all. Your clients have since joined the firm, and taken upon themselves all its responsibilities. Mr. Law next objected that the note for £l,OOO was not payable until one month after demand. There was no evi dence of demand having been made. Mr. Kentish deposed to his having made the demand at the brewery in June last, when a clerk spoke, at his request, to Mr. Johnstone. a member of the firm, on the subject. The reply of Mr. Johnstone to the clerk was, " You cannot pay anything." He left a description of the hill, setting forth that it was due at No. 16, Change-alley. The clerk then said it was no use his leaving it, as he could do nothing with it ; it would only get kicked about the office. Re-examined—He returned to the counting-house in about a quarter of an hour, when he withdrew the notice of demand. He withdrew it because he was told there was no use in leaving it. He withdrew the notice, not the demand, because the clerk had said there was no use in leaving the notice, as it would only be kicked about the office. Mr. Law called Edgar Srnallfield, who deposed that he was the clerk in question. Ile understcod, when Mr. Kentish made his second call, to withdraw both the notice and the demand. His Honour held that a demand had been made. Messrs. Calvert must, within seven days, either pay the £l,OOO or give a bond for that amount against an action that Mr. Kentish had brought for its recovery. It follows that, should neither the money be paid nor the bond be given in seven days, an act of bankruptcy will he committed. ASSIZE INTELLIGENCE. WESTERN CIRCUIT.—BRISTOL, AUG. '24. (Before Mr. Baron Watson and a Special Jury.) Mr. Baron Watson, having yesterday sent a telegram offering to come to Bristol and assist Baron Channel], ar rived by the express train this morning. His lordship took his seat before 2 o'clock. K ROG T. FRANKLIN. Mr. Collier and Mr. Karslake were counsel for the plain tiff, and Mr. Coleridge and Mr. King-don for the defendant. The dee:nation charged the defendant with having as saulted the plaintiff, and put him in irons, and imprisoned him. The defendant pleaded not guilty, and that he was cap tain or a vcss I d called the lirdaunted, on the high seas, and while in command of the ship certain of the passengers re sisted the orders of the defendant, denied his authority, and used menacing and insulting language, which tended to dis obedience and mutiny, and that the plaintiff was ene of those passengers, and th ere f ore h e i mpr i sone d hi m , having reasonable and probable cause to suppose that a mutiny would ensue. The plaintiff denied this, and alleged excess. Mr. Collier, in opening the case, said that the plaintiff was Mr. Ignatius Krog, a member of a family living at the Cape of Good Hope, his father being a member of the As sembly. The plaintiff himself was a member of the Scotch bar, and he complained of an outrage which it was almost impossible to conceive. The vessel called the Undaunted was chartered from Melbourne to London, to call at Calcutta and the Cape. At Calcutta about 200 wounded soldiers were taken on board as passengers, as well as many officers, who had been engaged in the fearful struggle in India, and were coming home. Among the passengers were a number of ladies---one had survived all the horrors of Lucknow. She had lost her husband and all her children but one, and that one she was bringing home. These officers were as courteous as they were brave. Unfortunately, some misunderstanding and a degree of coolness arose be tween Captain Franklin and the passengers before they arrived at the Cape, and the captain upon one occasion had called one of the ladies a d— b—. The officers were a good deal annoyed at this, and treated the captain with a degree of coolness which was extremely natural. He seemed to be very irritable, having a notion of " I am as good as you. He made himself extremely offensive. He had on one occasion told an officer that he only wished to go ashore because he was afraid, and that he had not much courage under his red coat, and he threatened to pull their noses. The officers bore all this as gentlemen, there being strict orders at the Horse Guards that they should not engage in duels. He could well understand that men who cared not to risk their lives against an enemy would not like to engage with a turbulent sea captain. The plain tiff embarked at the Cape on the 16th of May. Nothing took place for some time, but on the sth of June, when Mr. Krog was pacing the poop, he heard a noise below and found there was an altercation about putting out the lamps in the saloon at 8 at night, this having been done by the captain's order for vexation and annoyance. Mr. Krog, not knowing what the noise was about, asked what the row was. The captain called out, " Who the devil are you ?" Mr. Krog said, " My name is Mr. Krog." The captain repeated the name several times in a most insulting manner. Now, perhaps few things annoyed a man more than misspelling or mispronouncing his name. Mr. Krog said, " My status in society is as good as yours." The captain then began making a noise. Mr. Krog said, " Capt. Franklin, no doubt you are captain of the ship and the crew, and so far as the crew are concerned, they are bound to submit to your . who bare a right to the use anTeppayill6,6l - Mw sobv,p, arc la, thA landlord of a floatinz hotel." Captain Franklin became furious, and said, I wilt put you in irons." I,lr. Krog did not believe he wse soeioua, and said You dare not do that." Captain Franklin's law, however, was like that 1 of the Medes ; he knew he was doing wrong, and then he I thought he would get up a scene to enter on his log. He went to his cabin bud put a revolver in his pocket, and then he rushed into the saloon, and said, " You passengers have been endeavouring to take possession of the vessel for 24 hours, but you shell only do this over my body, and here is my revolver," and he drew himself up like a captain on the stage. He piped up his crew as if there had been the ele ments of a mutiny. The captain then retired to his den, but Mr. Krog was placed in irons; he thought he had done enough to justify him. Mr. Krog was quietly pacing the deck when he was taken below, a chain was brought and one end was fastened to the threshold of the cabin door and the other end locked round Mr. Krog's leg. The cabin was six feet by seven feet, and there were three other passengers in it, and the ship was then in the tropics, with the ther mometer at 100 degrees. The key of the cabin-door could not be found, or it would have been locked. After this Captain Franklin went into the saloon and said to Lieutenant Armstrong, " Little Armstrong, I will wring your nose, hut you are the cause of this." He also threat ened to pull the noses of other officers. Captain Franklin sent different rneesegcs to Mr. Krog, offering to release him if he would make an apology. He also said he might take exercise on the etiarter-deck, but not on the poop, where the other passengers walked. Mr. Krog was kept in irons in this manner for ten days, when Dr. Macbeth inter fered, and said Mr. Krog's health would suffer if lie was longer detained. Captain Franklin then removed the irons. Mr. Krog's health bad suffered in consequence of this. The learned counsel then called upon the jury to give serious damages for such conduct. Mr. Krog proved nearly al these facts.. Cross-examined—There were about 30 other first-class passengers. I do not know the number of general passen gers on beard. I have been told that the officers did not belong to the trcops that were on board. I got on hoard at the Cape on the 15•11 of May. There was then no coolness between Crptaiti Franklin and me. He used to dine with us. I sat just behind the mast. There was a little gap in the tablecloth there ; a towel used to be put to fill it up. I in sisted I upon sall k using i t awny. it as ' a T I was told kin'anile fis once. gesa T id , "hle officers If you that were playing at whist when the lamp was removed by the steward lower down the table. The subject of the discussion I think there were three p about five weeks ago tw lamps as t a in thek measurements. rteh ma tosvaallooonf.tlhe"ls l ataLt l p le t. a h r e d thi Lieut. Armstrong tiny, " Why do you do this? Ilave you orders to remove the lamp The steward said he had, and he either removed it or extinguished it. Lieut. Armstrong said the steward had insulted him grossly, and I said, Tuey have no right to remove the lamp." I have come from the Cape before. I had a difference with that Captain I had dared him to of the passengers of this. at ajer Longden was on the (-Mptain Franklin and some put me in irons, and I told - d own the cabin and heard the noise after I had spoken to Captain Franklin. poop at the time. I looked Colonel Horn called cn all those bearing her Majesty's commission not to interfere. Captain Hunt did not say, „Turn the men out and let's see who are the strongest." I did not see soldiers crowding round the cabin. I saw Las cars, a crowd of them. I did not hear Colonel Horn say, " Men, I am sure you will oh-y arid go below. The crew was chiefly composed of Lasear s . M r . Smythe said, if I did not stay in my cabin I must be made to stay. The cap tain called up the skylight two or three times that he would put me in irons. I was told to way in my cabin and I re fused, and opened tie door and sat outside. Wilien I was taken down stairs there was no altercation going on. The captain's wife went into hysterics. Mrs. Lomax was en board. I never heard of her fainting till this moment. Mr. George Thompson, M.P., was on board; he is now very ill. He made some speech which I could not hear. I had re peated applications to make an apology. I wished to have it brought to roe in writing, which was declined. It was not true that on the 6th of June Captain Franklin sent his mate to me to demand a written apology. I sat at the door of the saloon to take my dinner. The chain made a great noise every time I moved. It happened while the others were at dinner. I would not take exercise on the quarter deck, because Lascars and soldiers were there. I have seen them scores of times walking on the quarter-deck. Re-examined—Mr. Thompson was making a speech be fore I was chained. (It was conceded that Mr. i Thompson was too ill to attend.) Lieutenant Armstrong s too ill to come here. C. W. Wood—l was a passenger from Calcutta. We left on the 18th of March. There were several officers and ladies on board as passengers. I remember Mr. Krog coming on board. There was nothing mutinous in the conduct of the passengers. The Lascar crew struck work when we were at the Cape. They went to work again next morning. There was not any violence. There was nothing mutinous on the part of the soldiers. There was nothing mutinous when Mr. Krog came en hoard. There was no insubordina tion among the passengers. On the evening of the sth o f June I heard a row in the saloon. The words were, " I shall," and " You shan't." Captain Franklin ran down. I went to the main skylight. Captain Franklin said the light should not be removed from its proper place. The steward said after he had removed the light one of the passengers had brought it back. Captain Hun' asked in a civil way by whose orders the light was removed. The steward said he had received orders. Captain Hint brought the light back to its proper place, and then it was ex tinguished. Captain Franklin went into the salsoa and said it was his orders. Mr. Krog came up to me and asked what it was all about. Captain Franklin 'said, " Who the devil are you ?" Mr. Krog said, "I am Krog, and esy position in life is far better than yours." Captain Franklin said, " it, I'll show you that I shall put the lights out at 8 o'clock." Mr. Krog said, " You dare not do that ; yen have nothing to do with the passengers ; yotr ship is a floating hotel, and you are the landlord of it.' Captain Franklin afterwards said, " You have been trying to take the ship from tee, but you shan't while this bolt' exists." He then said, " I've power to put Mr. Krog is irons for using mutinous language, and I'll do it." He thin ordered all bands to he piped on deck. Smythe did so, and he told Smythe to bring Mr. Krog down from the poop. Mr. Krog was silent on the poop. I followed. Mr. Kies; merely said, " No, I will not go down." Captain Frantlin then sent Smythe for the boatswain and the carpenter and Mr. Krog came down, and when he got down, he said "Gentlemen, be witness to what has happened this even ing." Mr. Krog went into his cabin and came out, and Captain Franklin ordered the carpenter to put him in iro.3s, and this being done all bands were piped down. Captain Franklin retired to his cabin, and brought a revolver out, and said, " You, young Armstrong, have been the cause of all this row ; I shall wring your nose as soon as we get to Gravesend." Arm strong called on those present to take a note of what oc curred. All were quiet at that time. The captain turned to Capt. Hunt, and said, " As for you, I shall wring your nose in some other way." Capt. Hunt said that two could play at that, and he ordered Capt. Franklin to keep from him. No one had ever attempted to take the ship from the captain; there was no such disposition. Cross-examined—l think we had dined at four that day. There had not been a late sitting—we had gene on the poop to smoke. There were no soldiers at the door. Major Long den told the officers who were on the quarter-deck to go down. I did not hear Capt. Hunt say, "Turn out all the hands and we shall see who'll have the best of it." It was after the affair was over that Capt. Franklin came with the revolver. Mrs. Franklin was crying in the cabin. Mr. Landsberg was there. He and Mr. Thompson said some thing. I don't know that they interfered on the side of the captain. Re examined—No one resisted the captain. All hands came when they were piped up. Capt. Green, of the 82d Regiment—l was a passenger. I bad a dispute with Capt. Franklin, and we did not speak afterwards. On the sth of June I was on the poop cif My attention was attracted by a noise. The steward had removed the light from a whist party who were playing quietly. I heard Capt. Franklin say in a loud voice, " I shall put out the lights at eight o'clock." Mr. Krog said, " You cannot do that ; you are captain of your crew and ship, but so far as your passengers are concerned you are only the landlord of a floating hotel." I saw Krog go quietly away with the carpenter and the others. I did not go down to the saloon for some time. When I went down all was quiet Cross-examined—l heard Colonel Horn desire that no officer sheuld interfere. I saw no soldiers aft the mainmast, which is a considerable distance from the saloon. The chief of the crew were Lascars. All bands came up when they were piped. Did not know whether there were many wine glasses broken that day. By the Judge—The plaintiff did net excite the soldiers to mutiny, or speak to them. Mr. Blenman—l am in the Bengal Civil Service, and was wounded at Lucknow. When the plaintiff said his name was Krog the Captain repeated it in a sneering way several times. There was no pretence for saying there was a combination to take the ship from the captain. The whist party went on in a quiet manner. Captain Franklin was the only noisy person. John Calvin Hunt—l am a captain in the army. I was one of the whist party tt at evening. Lieutenant Arm strong wished to move the light a little further up. The steward prevented him. I pushed it, and the steward blew it out. I told him be had no right to do that; he should have gone to the chief officer. Captain Franklin came in and thumped the table with his fist, and said we should have no lights at all if we did not mind. I heard the plaintiff's voice asking what was the noise. One of the party said they were putting out the lights. The plaintiff said they dare not do that. The captain said " Who the devil are you ?" The plaintiff told him, Krog, upon which the captain repeated the name several times in a jeering manner. The captain threatened to put him in irons. The plaintiff said he dare not do that; and Smythe, the first officer, said" Might is right." The crew were piped up, and the plaintiff ordered to be put in irons. The captain said there bad been a combination to take the ship. There was not the least pretence for saying there was any intention to mutiny. The plaintiff was afterwards put in irons. When the captain went out of the cabin he saw us taking notes, and he struck his breast several times and said, "I've more money than you." Cross-examined—l had the captain bound over on our arrival at Plymouth. Mr. Menzies—l am an undergraduate of Utrecht Univer sity. I was on board. The learned Baron said there were 200 soldiers, 60 crew, and 30 passengers, and be supposed all were to be called, and it would be ever by the Ist of October. They had beard the same facts proved over and over again. Sometimes counsel had confidence in their cases. Major Longden—l was in command of the soldiers on board. There was not the slightest mutiny. Cross-examined—There was a disturbance among the Lascars ; two or three of our men were quarrelling at the Cape, and Captain Franklin interfered in the most unneces sary manner. He asked the if a passenger attempted to take the ship whether I would render him assistance. I told him every assistance I possibly could. If I had beard of any combination I should have supported the captain through thick and thin. This was the plaintiff's case. The case was proceeding when our report left. NORTHERN CIRCUIT.—LIVERPOOL, AUG. 24. (Before Mr. Baron. Martin and a Special Jury.) WILSON Y. THE MANCHESTER, SHEFFIELD, AND LINCOLNSHIRE RAILWAY COMPANY. Mr. noggins, Q.C., Mr. James Wilde, Q.C., Mr. Ovens, and Mr. T. Jones, appeared for the plaintiff; Mr. Atherton, Q.C., Mr. Monk, Q.C., and Mr. Milward, for the defendants. This heavy case, which commenced on Saturday after noon, and continued throughout the whole of yesterday, was brought to a conclusion to-day. The damages were laid at £?5, and the facts are as follows : The plaintiff, Benjamin Wilson, is a shopkeeper, residing near the Hollingwood Branch Canal, between Failsworth and Ashton, and he sought to recover D 25 for damage done to his house, garden, and stock by the water overflowing from the canal of which the defendants were the proprietors, through the negligence and misconduct, as it was alleged, of the defendants or their servants. It appeared that on the evening of the 14th of August, 1857, a great rain storm carne on, and in consequence of the alleged neglected state of the Hollingwood reservoir, which was connected with the canal, the water overflowed its embankments, and ultimately found its way into the canal. It was also alleged that the , d e fendants bad caused the original self-acting weirs on the 1 Iv II f• .1 tAx rfik.ri n q u ire d some one op t L tN t r i ct i e . d into . floo_dmes, wpichre , before these floodgates were opened, the water in the canal ran over its embankments and caused considerable damage. A great body of water found its way into the river Medlock, on the banks of which were numerous manufactories, and carried away weirs, bridges, everything, the river having risen three feet in a quarter of an hour. The plaintiff ad mitted, in cross-examination by Mr. Atherton, that he had some wealthy people at his back in bringing this action, who had also sustained damage. A great number of witnesses hasing been called by the plaintiff, Mr. Atherton, Q.C., addressed the jury for the defendants, and said that this inquiry, though apparently involving only a small sum, was of very great importance to the railway company to whom the canal belonged. He would submit to the jury two questions—firstly, was tha overflowing of the water referred to attributable to the negligence of tae defendants, and, secondly, was the injury of which the plaintiff complained to be exclusively attributed to the negligence of the defendants? He would show that on the night in question there was a most extraordinary downfall of rain, and it would be told the jury by his lordship that, provided ordinary and reasonable means were resorted to by the defendants for the purpose of avoiding any infliction of injury to the neighbours, they were not responsible for that which must be looked upon as a mere accident, or, as it was usually called, " the act of God." With regard to the over flowing of the water at the Hollingwood reservoir, it arose from the walls having shortly before subsided, in conse quence of the ground underneath having been worked for coal. The learned counsel urged that when last inspected in spring, the reservoir and walls were in good condition. He also proceeded to argue that the overflow of water from the reservoir could not have contributed to the damage of which the plaintiff complained, as the times named did:not at all correspond. The learned counsel concluded by review ing the evieence which had been adduced, to show that the plaintiff had no real cause of action against the defendants. A vast body of evidence st as then tendered upon behalf of the defendants, and this morning, Mr. Atherton, in sum ming up the evidence, made an earnest appeal to the jury, urging that neither the railway company nor canal company were bound to construct their works to endure hr sr perpetuity, and insisted that the evidence given pointed only to this— that the plaintiff, on the night in question, like thousands of persons in the north of England, was subjected to incon venience by flood, but he had not made out that anything that had happened was caused by the fault or negligence of the company. Mr. noggins, in replying upon the whole case, dwelt upon the necessity of attending to the different stages of the flooding on the plaintiff's prem'ses. The defendants on many former occasions had compensated the plaintifffor in juries of this description arising from the overflow of the canal or reservoirs. They were stopped, therefore, from say ing that nothing was due on this occasion. The company had raised the weir at Bardsley some six or seven feet. It was formerly, in the memory of the plaintiff, self-acting. The company appointed persons to look after the new weir, which would not operate to let off the water, except it were raised by human aid. Those persons were proved to have been utterly negligent. The company were responsible for that negligence, and the plaintiff, who had been injured in consequence, had a title to compensation in damages. They must indemnify him for not doing what they ought to have done in a proper way at the right moment. Mr. Baron Martin then summed up at some length, , telling the jury they could not find for the plaintiff unless they believed that the injury proved by the plaintiff arose entirely from the negligence of the company in not keeping the banks of the canal as they ought to have done. The cul vert had been alleged as a gr. , und of disentitling the plaintiff to damages, because the culvert, having been constructed by the company at the desire of the plaintiff, was insufficient to carry off the water, but he could not see how this affected the case ;it was, however, a question for the jury. The first question was, was the canal sufficient and fit for its pur pose? If it was, the defendants were not responsible for the consequences of an extraordinary flood. Then the second question was as to the reservoir; it was for the jury to say whether it was in a proper state, and whether it was not an act of negli gence of the defendants to leave it as it was on the 14th of August. They had also to consider whether the injury suffered by the plaintiff arose from that cause wholly. The reservoir having continued sufficient for so long, the presumption seemed to be that it had only given way under the pressure of the overwhelm ing flood—that which, in fact, the law of England described as the act of God. The jury, after consulting for nearly three hours, re turned into court, giving the following verdict : " That the defendants had been guilty of negligence in the way in which they bad kept the reservoir, but that the damage which the plaintiff had sustained was not in any way attributable thereto." Upon this the learned judge directed a verdict to be en tered for the defendants. This verdict governed two other causes which arose out of the same matter. POLICE INTELLIGENCE. MANSION-HOUSE.— Richard Vint, a respectably dressed man, of about 30 years of age, clerk and cashier to Mr. Stephen Bridge, la ceman , o f 11, Huggin-lane, was brought before the Lord Mayor charged with embezzling £597 belonging to his employer. Mr. Robinson, from the o ffi ce o f M r . Buchanan, appeared in support of the prosecution ; and Mr. Morgan, o f the firm of Humphreys, S o n, an d Morgan, attended on the part of the prisoner. Mr. J. Y .toncs, having been sworn, said—l am manager to Messrs. Heathcoat and Co., lace manufacturers, of Iron monger-lane. About 11 o'clock on Monday last I was re quested by the prosecutor, who is a customer of ours, to go to his warehouse, and I did so. I welt into a room, where I found the prisoner. I had received a previous intima tion from the prosecutor that there were some defalcations, and I said to the prisoner that it was a misfortune, and that I was sorry for it. I told him it would be better that he should make out an account of his deficiencies whatever they were. He pointed out certain alterations which he had made in the cash-book. I then told him it would he better that he should make out a statement of his defi ciencies in writing, and I left him for that purpose. I returned to him about four o'clock. He then showed me a paper, which I produce, containing an account of deficien cies acknowledged by him. That paper is as follows : Cash-book, folio 368 £lOO 77 „ 396 2OO „ 422 7O 71 27 422 3 „ 17 430 . 6O ,i. „ 430 31 438.... 54 „ 441 £597 The prisoner said that this paper contained an account of his deficiencies, but that it was not all. I then put my initials on the paper. Mr. Stephen Bridge, the prosecutor, said—The prisoner was in my employment as clerk and cashier. It was his duty to keep the books and accounts, to receive money from customers, as well as all sums that came into the house, through the hands of other clerks ; it was also his duty to pay moneys. I was anxious to go out of town, and on Thursday last asked him to come a little earlier on the fol lowing morning. Not seeing him at 10 o'clock, I sent to his dwelling, and was informed that he had not been home all night. In the course of the day I received a letter from him, saying that he was suffering very severely from head ache and fever. Feeling dissatisfied, I sent him a letter, discharging him, and enclosing him £5 for two weeks' salary ; but he was absent from home. At that time I had no knowledge whatever that there were any defalca tions. On Saturday last he came to the warehouse as usual. I then requested one of my clerks to give him the letter I had written to him, and I afterwards spoke to him upon the subject. He told me that he did not wish to leave my service, as he could give every explanation as to his absence that would be satisfactory to me. I said to hint, " Mr. Vint, I have done with you altogether; I have enclosed you your salary up to the 28th ; you will oblige me very much by going into the counting-house and making up your cash account as soon as possible and giving me the keys." He went down stairs, and after about an hour and a-half I asked him whether he had not almost finished. He replied that he had not. About half-past 12 I went to him again, and he handed me a letter in which he asked me to grant him an interview, and said he would explain the transactions. He also asked me to retain him in my service. I told him I could not grant him an interview. As I was leaving the counting-house he said to me " I am very sorry to say I am a defaulter." I asked him to what extent, and he made no reply. I asked him whether it waslso, and he said he thought it was more than that. I said, "Is it £lOO or £l5O ?" He replied that it might be, but that he could net say exactly. I said, " You may as well be candid and straightforward and tell me the amount at once. Is it £4OO or £5OO ?" He said he thought it was between £4OO and £5OO ; that he was very sorry, and that if I would allow him to remain in my service he would try and recover it. He gave me the key of the cash-box and left. On Monday morning I waited upon his father, and the prisoner came to me. I then sent for Mr. Jones (the last witness), thinking it as well that one of my creditors should see the position in which I was placed. I left Mr. Jones and the prisoner toge ther, and saw nothing more of the latter till I gave him into custody. I have examined my books as far as time would allow me. Upon reference to the bill hook I find the following entry in the prisoner's handwriting : —" No 1231, accepted November 20, drawn by Walker and Co., Nottingham, due February 23, amount £2l 17s. ld." This bill has been paid in due course, but on reference to the cash-book I find that the prisoner has charged himself with having paid £l2l 17s. ld., thus defrauding me of the sum of £lOO. There is another item in the bill book in the prisoner's handwriting—" 1242, £99145., due 23d March." That bill is dated the 20th November, 1857. He bas charged that bill in the cash-book as £290145., thus de frauding me of £200., He has balanced the book at the end of the month, and carried the balance forward as if he had paid the larger sums. Mr. Morgan declined putting any questions to the wit nesses in cross-examination. Mr. Robinson—l now apply for a remand. The Lord Mayor—For what purpose ? Mr. Robinson—For the production of further cases. The Lord Mayor—What do you want a remand for ? The two cases gone into are as good as a thousand. If you give Mr. Morgan notice of any fresh cases, that will be quite sufficient. The officer—T took from the prisoner a watch and a£s note. Prosecutor—That is the £5 note that he had of me. I wished it to be given back to him, in order that he might have any refreshment he required. Mr. Morgan—The prosecutor does not object to the being returned to him. The Lord Mayor—lf the prosecutor deer not object to it, I shall not. The money was handed to the prisoner. The prisoner, who made no defence to the charge, was then fully committed for trial to the Central Criminal Court. The Lord Mayor requested that the press would acknow ledge the receipt of 10s. from " Sigma," for Mrs. Soden. BOW-STREET.—J(seph Gates, a young man, who has been for several years an assistant in the shop of Mr. Law rence Phillips, tailor and army clothier, of the Strand, was charged with stealing ready-made clothes to the value of £lOO, the property of his employer. The articles were taken by the prisoner from time to time, and pledged at different pawnbrokers in the neigh bourhood. They consisted of 45 coats, 22 pairs of trousers, 23 waistcoats, one jacket, and two pairs of boots. It did not appear that any of the property was missed from the stock by the prosecutor until the prisoner's sister having informed him that her brother had "enlisted for a soldier," the circumstance excited his suspicion, and led to inquiry. The prosecutor's son, accompanied by Sergeant Franklin, of the F division (in private clothes), then went in pursuit of the prloner, who was found in C!.nrl?s-street, Westminster. He at once admitted that he had robbed his employer to a great extent, having been led to it by bad associates; and, handing the key of his box to Mr. Phillips, jun., told him he would find all the duplicates relating to the stolen property inside. The box was accordingly opened and 89 pawnbrokers' tickets were found concealed between the leaves of a prayer peqks,and another volume. They reEessmed nrticles pledged lane, Mr. E. Whistler's, of the Strand, Mr.-Vaugban's, Messrs. Attenborough, &c. Mr. S. B. Abrahams, the solicitor for the prosecution, complained that the property had been taken in by the pawnbrokers without proper caution, the coats, &c., being all new, and the name of Mr. Phillips plainly impressed upon the buttons. He called the attention of his worship to a very remarkable fact in connection with the case. Some time ago Mr. Phillips received a note to this effect : " Private.—Mr. Phillips, I shall be glad to speak with you." To this a signature was appended, which neither Mr. Phillips nor any of his family could comprehend, and upon which he should like to take the opinion of his worship. Mr. Henry, after looking at the note, said the signature was apparently " Geo. Leach." Mr. Abrahams observed that this was the impression of his client ; and not knowing any person of that name him- Self, and there being no address given in the note, be wai, of course, unable to take any steps in the matter. It now turned out that this mysterious note was written by Mr. Whistler, who, when applied to respecting the property pledged at his establishment, said, " Oh, I wrote to Mr. Phillips, but he took no notice of the matter." Mr. Henry—l see, now that the name is mentioned, that the signature is " E. Whistler ;" but written in a peculiar way, the " w" being small, and connected with the initial I, E.,' Mr. Abrahams—All I can say is, that if the intention was to give Mr. Phillips information, the address should have been given as well as the signature. If the intention was simply to get the credit of doing it, without really doing it, it is one of the cleverest contrivances imaginable. Mr. henry—You ought not to say that. Mr. Whistler is extremely well known, and he no dcubt presumed that Mr. Phillip, being a neighbour, did not require to be told of his address. With regard to the signature being illlegible, that was no uncommon fault. A great many people signed their names in such a way that nobody could read them. Mr. Phillips said he was in conversation with Mr. Whistler only a few days before, but nothing was said to him upon the subject. Besides he only lived 10 doers from him. Alfred Corder, an assistant to Mr. 'Whistler, said he had taken in nearly all the things before he observed the name of Mr. Phillips on the buttons, aid then he mentioned the fact to his employer, who wrote to Mr. Phillips immediately. It was said that pawnbrokers hardly knew how to act, because so►netimes master tradesmen themselves sent things to pledge. They considered that Mr. Phillips was somewhat to blame in not having missed the property abstracted from his stock. Mr. Henry said as the prisoner bad pleaded guilty the whole of the properly would have to be given up ; and if the pawnkokers hesitated to do this they must be bound over to appear at the sessions. Franklin said the property would be all given up. The prisoner was then committed for trial. WESTMINSTER.—THE RIGHT OF OMNIBUSES TO PLY FOR HIRE ON STARTING.—John Ross, doter of a Metropolitan omnibus, was summoned at the instance of Inspector Friar, of the B division, before Mr. :Punter, by direction of the Commissioners of Police, for having caused the omnibus he was driving, No. 6,973, to stand longer than was necessary in a certain thoroughfare for taking up and setting down of passengers, contrary to the statute. Mr. Thomas Beard, of Basinghall-street, attended for the defendant. Police-constable Piper, 2.56 A, stated that on the 10th of August, between four and five o'clock in the afternoon, he was (di duty in Grosvenor-road, Pimlico, when he saw the omnibus in question, which was driven by the defendant, standing there for above 10 minutes. Witness told the defendant that he must report him. By Mr. Beard—The omnibus was standing near the Compasses. I do not know that it had been the starting point of omnibuses for years. No one complained to me of the omnibus remaining where it was, nor was there any obstruction caused. When I spoke to the defendant he said he was taking his meals, and observed that he must have time to take his meals. Mr. Beard remarked that, to constitute an offence, it must be when an omnibus loiters while on its journey. This has been for 22 years a starting-point far several omnibuses, and the defendant had not commenced the journey. A gentlersan of the name of Clarke, who is the proprietor of the Compasses, w ill prove that the de fendant ' s om nibus is one of those which has started from this house for 22 years, and yet from some cause the d e fendant has been summ one d. The neighbours don't complain. Inspector Friar stated that there had been some com plaints of omnibuses patrolling the streets, and then of going to the Compasses for passengers. Mr. Beard said that they went about the gstraetettshbeeceaotmlse of these omnibuses e mart)? bpuftostbersliscmucuhosntavipantviireepnocsseoe.mine pl a ce to start from, and he knew pthaesspeso.liceTlitiaids i w n a te s rf o e n re e d o w f i t t i l i t e t t l e t r e ni m ir s ii ta o n which go as far as t h e Black wall Railway. They ought t o have Al r. some. Poynter point remarkedto startfr t r i a t fo o r d without e permission. t s h t a at t i coelisotfhtehye public that there sho u ld t l n t an w y ,as pa fo r r ts t o h f e th co e n m ve e n tr ie o n p be these starting points, and it would be a great pity if omnibuses should be entirely deprived of them. Th e b ee t phs brother siwouldh etopay the cast of the summons. magistrate would be of his o pi n i on , and y 6 h he should wish it to be made known to the Chief Com missioner. The costs were then paid. TILE WATER CURE. —Mr. King, a marble mason, ap peared on remand, charged with flinging some water over a child of the name of Wbeatcroft. Mr. Smyth attended for the defendant. The particulars of the former hearing have appeared in this journal. Mr. Smyth now stated that he should produce some wit nesses who would contradict the statement made by the parents, and he would slow that the child, which was al leged to have died from cold, which was attributed to water having been flung over it, bad actually died of water on the brain. (He produced a certificate of the child's death to that effect.) He would further show, from the evidence of Mr. M organ, surgeon, wh o prescribed for the child, that the mother never said a word to him about water being flung over it. With respect to the expressions attributed to the defendant when spoken to by the parents, that he would do It again, he had witnesses who were present when the water was thrown at the child, who would say that they never heard defendant make any such remark, and who would swear that they never heard or knew of the defendant on any former occasion having flung water upon children. And with respect to the charge in question, his witnesses would state that there was not much water in the pail, and that in throwing the water over the gunpowder and co'sfooed light, some went on the children. Mr. Smyth produced several witnesses who supported the above statement. _ _ Mr. Paynter observed there was no doubt but that water was flung over the child, and said that be should not decide upon the case, but would send it to the sessions, unless an arrangement should be come to, which he would sugges►. The parties retired for that purpose, and the defendant said that whenever he was again annoyed by children be would send for the police. Mr. Paynter—That is the proper course. WORSHIP-STREET.—CHARGE OF CONCEALING A BlRTH.—Caroline Graham, a young woman of very de cent appearance, was brought before Mr. D'Eyncourt upon a charge of concealing the birth of an illegitimate child. Evidence was given to the effect that she bad lived about 12 months in the service of Mr. Wilson, of 123, White chapel-road, but about the 12th inst. her appearance made it evident that she was in the familyway, and on that day was hurriedly carried away in a cab, in the belief of an approaching accouchenient. It was subsequently discovered, however, that the birth bad already taken place, and on Saturday last. George Crosswell found the body, which had been thrust throtrzh a hole in the kitchen ceiling, between that and the roof, and was then far advanced in decom position. Sheridan, a police-constable, 438 K, stated that in conse quence of this diccovery he went to 22, Nelson-square, Blackfriars-road, and apprehended the prisoner, who, on being told what she was charged with, said " It's an unfor tunate business. I did it for the best in order to prevent exposure." Mr. Horton, police surgeon of the K division, said he had examined the prisoner, who had every appearance of having recently been delivered, perhaps within; fortnight; and she told him that the birth occurred unexpectedly, when she had been little more than eight months enceinte. The prisoner, who, of course, was not called upon for any defence at present, was remanded for a week. SOUTHWARK.—WHOLESALE UTTERING OF FIC TITIOUS CHEQUES.—Limby Ede, a gentlemanly•looking man, 52 years of age, but apparently much older, who de scribed himself as a merchant and commission agent, but refused his address, was brought before Mr. lfurcbam, charged with uttering forged or fictitious cheques on the London and Westminster Bank to various tradespeople, thereby defrauding them of goods of considerable value. He was also charged with stealing a gold watch worth /35, the property of Mr. George Ed vard Mylne, watch and chronometer manufacturer, 2, Great Percy-street, Clare- wont-square. The court was crowded with the victims of the prisoner, who, while the evidence was being taken, kept his face covered with his handkerchief and leaned on the dock. Mr. John Chamberlain, brush manufacturer, Newington causeway, said he had known the prisoner 12 years, and be formerly resided in the neighbourhood, and a few years ago he believed him to be a gentleman in good circumstances. On the 17th inst. be came to his warehouse and selected goods to the value of .£4105., for which be paid him with a cheque on the Southwark branch of the London and West , minster Bank, and took the goods away. The cheque was signed " Limby Ede," and in the prisoner's handwriting. He presented it to the bankers in the usual way, and it was • returned to him " No account." Mr. Burcham asked the prisoner if he had any question to ask the witness ? The prisoner, who hastily lifted up his head, said be had no questions to ask. Mr. George Sweet, a clerk in the Southwark branch of the London and Westminster Bank, said that be knew the prisoner, and about eight or ten years ago he kept an account with them. He did not know what profession or business be was. He always believed him to be a gentleman. Mr. Burcham asked whether he had an account with then' at the present time? Mr. Sweet replied in the negative. It was closed eight years ago. The cheque in question was in the prisoner's handwriting, and upwards of 20 similar ones for various amounts had lately been presented. Mr. Robert Maney, carpet and floorcloth dealer, 120, London-road, said he bad only been in business a few weeks. He had previously assisted his father in the Blackfriars road, and about three years ago he laid dawn floorcloth for the prisoner in his residence at Peckhogn. Two years ago the prisoner removed to another house and ordered more floorcloth of his father, and witness also laid that down, for which the prisoner paid him. He neither heard nor saw anything more of him until the 16th inst., when he received a letter from hint, dated Four Foots, near Southampton, ordering goods to be got ready amount ing to £lO 195., and stating that he would call for them to a few days. He called on the Wednesday afterwards with cab, into which he put the goods and handed him a cheque on the branch of the London and Westminster Bank at London-bridge, and he let him take the goods away, be lieving that be really had an account there. The fill t . thing the following morning he took the cheque to the b ank and found that such was not the case. Having traced the prisoner to the South-Western Railway, he proceeded there and communicated with Mr. Inspector Bent, to whom b; gave the cheque, and through his instrumentality the go o were traced and stopped, and were still in his possession. Burcham asked where that cheque was? t it Mr. Edwin, the chief clerk, informeis worship tha' was in the possession of Inspector Bent. d h He had receive(' a letter from him stating that he was compelled to go to Southampton that day, but he would attend to produce the cheque and Mr. Maney's goods on a future day. Sergeant George Warr, 3 P, here said that there were the court at least a dozen other parties who had been vie_ timised by the prisoner by false cheques, and there vrer;l.l. great number who were not able to attend that day. 111,1..„ ness took the prisoner into custody, and on searching 1,17, he found a number of blank cheques on the Southwer! branch of the London and Westminster Bank. ES C . was'tsigr;ed by the prisoner. The asoounta were not filled up. He also found on him a gold watch, the property of another victim. Mr. George Edward Mylne here stepped forward and said he was a watchmaker at 2, Great Percy-street, Claremont" square. He had known the prisoner 12 years ago al manager at a merchant's at Pinner's Hall, but had not seen him for two or three years. On Saturday, the 14th inst./ he called on witness and told him he was a merchant an d commission agent, and resided at 29, Upper Stamford - st ree l t and that he wanted a good gold watch to show a friend • That was one o'clock in the daytime. Witness selected watch worth 35 guineas and handed it to the prisoner, witn strict injunctions for him not to sell it, and he left his sb O k with the watch, promising to bring it back by eight o'clo the same evening. He, however, did not return, and on tn e following day witness- went to 29, Upper Stamford-stre e 'l and ascertained that the prisoner had not lived there fur four years. Mr. Burcham here said that this charge was clearly a felony, but the others were only obtaining goods under fraudulent pretences. He asked whether the prisoner wog known to be a commission agent at present? Mr. Mylne replied that he was not. He now lived hi swindling the public. Mr. Burchatu asked him whether he gave him a cheque for his watch? Mr. M 3 Inc replied in the negative. He did not sell the watch to him, but merely entrusted it to him on a written promise from him to return it by eight o'clock the W u° evening. The prisoner here said that he never intended to dispose of the watch. He should have returned it that morning but he was taken into custody. Several other persons who had been se indled out of their goods by him through his cheques came forward to give evidence, but Mr. Burcham said that at that late hour he should not take any further evidence against him, as there sufficient for a remand. The witnesses and all others wb° had been defrauded by him could attend on Tuesday nex t, the 31st in -t., to which day he should remand him. The prisoner was then removed. was quite LOCAL SHARE MARKETS. LIVERPOOL, Aug. 21.—The market opened firm, r a u nd k ad s v t a o n ek ce d d! per cent., c not quite at . Grand T n ressed, at I losing en per ct. decline. the Birk best e nheads, 671 8-111ackhurn 0 • E t s s t . e1r6.7-1 Counties;—C l e o 6 n l i i a n 2 s — , 4East —Chester Lancashire, 93 I—Great a t d i 931 4—lan2a- hire and Yorkshire, 931 I—London and North r°3 -I '7 'i t ' e s Bl: ern, 93 I—Sheffield, 34 s—Midland, 961 4—North British, 531 4-- Beravicks, 03 I—York and North Midland, 721 3—Leeds Northers. 45 6—Dovers 714 I—Dutch Rheriffi, 41 4 dia.—Grand Trunk o f C, nada, 344—Great Western of Canada, 171 4. 53 4 4 31—Midland, 961 I—Great LEEDS, Aug. 24.—. North Brit'sb, Western, 504—North Western, 8 3-16. MANCHESTER, Aug.2l.—Grand Trunks declined in value, but with this exception the market Was rather firmer. Only a limited busi ness was done. Trunks, 81—Ditto, Div. Deb., 10a.—Dovers, 21 7.26 —Midlands, 961—Leeds. 031—Fire A ssurance, 84—Sheffields, 314. BIRMINGHAM, AUGUST 21.—There was only a small amoun t of business done iu this market tc-lay. Great W es t er ns closed at 504 —lirmingham and Derbys, 61—London and North• Westerns ,924 to 93—South Stafford; 101—Birmingham and Stour Valley. 81. COUNTRY MARKETS• LIVERPOOL CORN—Ave. 24. At our corn exchange this morning there was but a moderate attendance of millers and dealers. There was no activity in the demand for any article of the trade. Holders of wheat, flour, and Indian corn were firm for full prices. Oats, oatmeal, barley, and beans were alike dull and easier to buy LEEDS CORN—Arc. 24. At our exchange the supply of wheat was moderate, both of old and new qualities, for which there is a fair inquiry. Not much business doing, and the sales effected were at the rates of last week. Barley as before. Beans held for full prices. Oats and other articles unaltered. Averages for the week : Wheat, 3,127 qrs., at 45s 21d Barley, 68, aL 31s 4:d I Rye, 6, at :66. Beans, 181, 46s 7id. Arrivals—Wheat, 869 qrs.; barley, 199; rapeseed, 621. BIRTHS. AUSTIN.—On the 22d inst., at the Abbey, Woodbridge, the wife of C. Austin, Esq., of a son. BADE/V-0n the 22d inst., at Shacklewell, Mrs. A. Baden, jun., of A son. BAINES.—On the 21st inst., the wife of Mr. James W. Baines, of a son. BANKES.—On the 21th inst., at 8, Wilton-crescent, Belgravia, the Hon. Mrs. Nugent Bankes, of a daughter. Burt.En.—On the 22d inst., at Lower Tulso-hill, Mrs. H. Butler, of a daughter. MARRIAGES, BRITTEN—POOLE. — On the 19th inst., at the Pariah Church, Leyton, by the Rev. J. D. Birt, William Britten, of Tuffnell-park-road, Holloway, youngest sop of Jno. Britten, Esq., Han'ey-road, HOril sey, to Emily Mary Ana, elder daughter of Robert John Poole, of Luton, Essex. COPLEY—FREEMAN. — On the 21st inst., at St. Matthew's District Church, Islington, by the Rev. E. T. Alder, Mr. Alfred Copley, of Essex-street, to Mary Ann, eldest daughter of Mr. Wm. Freeman, Oxford-street, Islington. DEATHS. EunrN.—On the 12th inst., at Derby, J. G. Boden, Esq., aged Ilfty-two. BOYci:.—On the 21st inst., at the residence of his daughter-in-law, the Park Place, Mitcham, Surrey, Henry Pitches Boyce, Esq., of 2, Upper Wimpole-street, London, in the seventy-second year of his ago. BREFFIT.—On the 20th hut., at Iveridge Hall, Wakefield, Ellen Turral, third daughter of Edgar Breflit, Esq., Castleford, York shire, aged twelve. BURNSTDE.—On the 21st inst., at Folkestone, suddenly, Mr. Wm Burnside, of Upper Thames-street, and Stutiton-hill, Surrey aged forty-two. LONDON : Printed and Published by MURDO YOUNG, of No. 112, Strand, Printer, at The Sun Office, No 112, Strand, in the Precinct of the Savoy, in the county of Middlesex, Wednesday, August 25, 1658. A Aat at 1 Cra be On ipie net Del dur ddr INg gar, aa t —..... di liks gel 4, ] ...,., The r ,•.avi n b eed '°4l'' Zeller, .trtni; 4i, s, l:4 et l+l ~, et,