The Sun. — London, England, 1860-02-07 00:00:00

7" - MIDDLE , COURT OF PROBATE. (Before Sir C. Cresswell and a Special Jury.) BROADBENT V. HUGHES. Mr. Sergeant Shee, Dr. Wambey, and Mr. Francis were counsel for the plaintiff; Dr. Philli more, Q.C., and 1)r. Tristram for the defendant. The testator, Joseph Hugh Hughes, died at Islington on the 3 d of Sept ember, 1359, at the age of 88. By a will dated the 18th of August, 1859, he left the whole of his property, consisting of about £4,000 in the funds, to his niece, the wifesole of the plaintiff, and appointed the plai executor. The defendant, Mr. Alfred H u g hes, was the son of a deceased brother of the testator, and he pleaded in opposition to the will undue execu tion, incapacity, and undue influence. The deceased was formerly a surgeon in the Royal Navy. He was taken prisoner at the siege of Dant sic, was confined for about 10 years at Verdun, and returned to England upon his release when the Bourbons were restored. He was offended at some thing that had been done during his absence by his brother Charles, the defendant's father, and gave up all intercourse with him and his family. The wife of the plaintiff, who was the daughter of a deceased sister, was then at school, and he had her at his house during the holydays and proposed two or three persons from whom she might choose a suitable husband. She married Mr. Broadbent against his will, and he was at first angry, but be came reconciled to the match in the course of a few months. In 1842 he retired from the service, and between that year and 1857 he travelled about a great deal on the Continent and in England. In June, 1857, he stayed for a few months at Winches ter, and in Ootober went to Exeter. In November, 1858, Mr. Broadbent, who lived with his wife and family in London, went to Exeter to see him, and they returned together to London. He stayed with the Broadbents, at Islington, until April, 1859. He then expressed a wish to leave the house, because he wanted to make a will in Mrs. Broadbent's favour, and he thought it would be advisable to do it elsewhere. He went to Worcester, but only re mained for a day or two, and when he returned to London resided at the Glocester Coffeehouse in Chelsea. He remained there until July, receiving frequent visits from, and sometimes visiting, the Broadbents. In July he removed to lodgings near the Broadbents at Dolby-terrace, Islington, where he remained until his death. He was taken ill on the morning of the 16th of August, and was at tended by a medical man in the neighbourhood, Dr. Lafargue. Mr. Broadbent told Dr. Lafargue that he had not settled his worldly affairs, and Dr. Lafargue said e was very ill, but he did not think he should die yet. A solicitor (Mr. Bolton) was introduced that even ing, but he then refused to make the will. His first illness arose from an attack of paralysis, and on the 17th of August he had an attack of bron chitis. On the 18th of August Mr. Bolton was in troduced again by Broadbent, and Broadbent said, " This gentleman is come to make your will." Mr. Bolton asked him how he intended to leave his property. 1 He said he wanted him to leave some thing to the son of an old friend, named Adam thwaite. Broadbent reminded him that both Adavathwaite and his son had been dead for some time, and added, " You know you said you would leave the property to my wife, your niece." He said, " Well, let it be so." Mr. Bolton asked whe ther he understood rightly that he intended to leave his property to his niece, Mrs. Broadbent, and he assented. Broadbent asked him whether he would leave anything to his other nephews and nieces. He said No!" in a very decided manner. While the will was being drawn up the question was repeated, and received a similar answer. After Mr. Bolton had drawn up the will he began to read it aloud. The testator said he would rather have it read by the doctor, and he accordingly read it. The testator was then propped up with pillows, and he took a pen to sign it. He began his signature at a wrong place, and his hand shook co much from paralysis that Dr. Lefargue steadied it while he signed. It was then attested by Dr. Lefargue and Mr. Bolton, the testator thanked them, and they withdrew. Mr. and Mrs. Broadbent, several of their chil dren, and many persons who had seen and con versed with the testator during the last three or four years of his life were called and gave strong evidence of his testamentary capacity. He was foud of reading the newspapers, he was accustomed to converse on the various topics of the day, and he transacted his own business. A great deal of cor respondence was also read for the purpose of con- I firming that evidence. Dr. Lefargue and Mr. Bol ton both believed him to be perfectly competent, and Dr. Lefargue and Mr. and Mrs. Broadbent said that his mind remained unaffected until within a few days of his death. His family were Roman Catholics, and he was educated in the same faith, and, as Mr. and Mrs. Broadbent said, he died in it. On the part of, the defendant, Mr. and Mrs. Hawkes, with whom the testator had lodged at Exeter for a twelvemonth, from the autumn of 1857 to the autumn of 1853, were called, and said that, in their opinion, his mind was then very feeble. He was fond of reading the newspapers, and talking about what he had read, but he did not seem to understand it. He was visited by Miss Susan Hughes, the defendant's half-sister, who stayed with him for a short time, and was taken by him about the neighbourhooil. In the autumn of 1858 they thought he was getting worse, and communicated with Mr. Alfred Hughes, his nephew, the chief of the police at Bath. Mr. Hughes came, but did not see him, and it appeared that he felt angry with Mr. Hughes, because he was under the impression that Mr. Hughes had employed the police to track him. Mr. Broadbent afterwards arrived, and the testator was pleased to see him. The landlords of the inns where he had stayed at Worcester, and of the Glocester Coffee-house, and several other wit nesses were examined for the purpose of proving his defective memory and incapacity to take care of himself. They described him as dirty in his habits, and further said he was unable to tell whether he had received the right change after paying a bill, and was accustomed to want to pay the same bill over and over again. The landlady of the house at Dolby-terrace, where the testator lodged at the time of the making of the will, also said that, in her opinion, he was incompetent to make a will. Be fore he vs attacked with paralysis he used to go out for walks, and he always ordered what he wanted and paid his bills. After his attack he did not seem to know Mr. and Mrs. Broadbent or any one else. Th e mos t ma t er i a l w itness, however, in opposition to the will wa s Mr. b Briggs, a managing . clerk in Sir John L u bb oc k' s trans acted business for the dec e as e d for many who had years. ile said that Mr. Hughes, during the last st a fewnk, that monthsi s of his life, called several times at the he bank, mind was so feeble that he did not eveno enable understand how to fill up the form necessary t receive his half-pay, and that he advised him to him to go and live with his relations , who could take care of him. A cheque was produced which had b een I signed by the testator a few days after the Briggs saidakin of the will, and had been paid ; but Mr. Bri,, lie should not have allowed it to pass if it had come under his notice. 31r. Briggs added that he should decidely have refused to attest any will made by the deceased as late as the summer or autumn of 1859. But it was proved that in Jan., 1859, he entertained apprehensions that his money was not safe, invested as it was then in the Dutch funds, because there was danger of a Continental war, and he wrote a very sensible letter containing directions that it should be transferred to the Eng lish funds, and the transfer was made. It was contended on the part of the plaintiff that the testator had always preferred Mrs. Broadbent to any of his other relations, and was carrying out an intention which he had for years entertained when he made the will in her favour; and on the part of the defendant that his intention was to die intestate, and have his property fairly divided among his relatives ; but that the Broadbents in ducedhim when his intellect was so far gone that he did not know what he was about to make the will now propounded. Sir C. Cresswell summed np. The jury found a verdict for the plaintiff, in favour of the will upon all the issues. His Lordship then decreed probate. The case has occupied three days, and was not concluded until seven o'clock. NARROW ESCAPE OF A DETECTIVE OFFICER. — Sergeant Jarvis, of the City detective force, had a narrow escape on Saturila r a c e a some time since. from a fate similar to that which befel ten cived information A few days ago, Inspector Hamil- Walter, ar.:ea had absconded that a man named Wm. Moore a r, confectioner of I(' from his employer, Mr. Bas sett,kis employer. on, Saturday Sheffield, with £lOO, the property of morning Mr. Bassett, Accom panied by a Sheffield consl, arrived in town, and a clue having been obtained, secured the assistance of Sergeant Jarvis, who succeeded in arresting Walter, who was placed DI r. the cab with the officer and in formed Jarvis that ho had reftce(ivelr. Bassett, who dathreatening l e tt, r from the prisoner, intimating that he .could,.alliloiosa suddenlyawout the brains of any person who arrested him. seized his arms, and discovered that he held re ady cocked, in each hand , concealed beneath which t e h a e pi l s o t c o ) h s l e: s leeves of one of the fashion a b l e I n verness capes wore. fie was immediately disarmed, though not without some difficulty, as he is a muscular and determined young rum. On arriving at Bow-lane station-house he was searched and the pistols examined. One contained two bullets, and there is every probability that, if Sergeant Jarvis had not displayed great courage and readiness, the prisoner would have attempted his life. His apartments were subsequently searched, and MO i f e. a gold watch, and other articles, were discovered. In the evening he was conveyed to Sheffield, uic handcuffed, as there was reason to suppose that he wou ld atteznpt side. The February General Sessions commenced this morning at the Guildhall, Westminster, before Mr. Bodkin, Assistant -Judge, Mr. Payne, deputy, and the following ver y full bench of magistrates :—Mr. p ow nall, chairman • ' Mr. John Bentley, Mr. H. H. Harwood, Col. W. Wood, Mr. Wolsey, Mr. T. E. Baker, Mr. White, Mr. Parbury,Mr. Beetham , Mr. Halsey, Mr. E. AV. Cox, Mr. llogarth, Mr. l- Harvey L ew i s , Mr. T. Cotterell , Mr. Rankine, Mr. Fau co ner, and Sir James Tyler. The calendar contains the names of 61 prisoners, 54 c harged with felony , a nd 7 with misdeme a nour. SOLDIERS' BELTe.—Two powerful-looking young guardsmen, naened George Hales and Chas. Hum phreys, were indicted for unlawfully and maliciously assaulting and inflicting grievous bodily harm upon Henry Summerfield and George Stevens, police constables, in the execution of their duty. Mr. Cooper conducted the prosecution on behalf of the Treasury. The prisoners were not defended. It appeared that on the night of the 18th Jan. the prisoners were at the Clock-house Tavern, Knightsbridge, where their conduct was of the most riotous and disgraceful character; they were quite drunk. The constable Stevens, 266 A, was called upon to remove them, and Hales went away, but returned and wanted to go in again, but the constable would not permit him. A mob had col lected, and Humphreys came up, unbuckled his belt, and with dreadful exclamations said he would use it upon the first person that came near him. Hales rushed into the crowd and struck a poor old woman, and also Lieut. Gilbert, of the West York shire Militia, who was standing by. Hales was then taken into custody, when he fought and kicked desperately, one kick being of so severe a nature that the constable's stocking was saturated with blood from the wound it caused. Humphreys struck at Summerfield's head with the buckle end of his belt ; and the blow cut a piece nearly out of his hat, one side of which was smashed in. He also kicked him twice in the groin, which resulted in a serious injury, and instruments had to be used upon him. Lieut. Gilbert stated that he resided in Montpe lier-square, Brompton, and was passing at the time this transaction occurred. The conduct of the police men was most forbearing, and they were persuad ing the soldiers to go quietly home to barracks. They used their belts indiscriminately, and one of the blows fell upon witness's shoulder. For the protection of the police, who were only doing their duty, he " fell" upon Hales, pinioned him, and held him until another constable came up. A gentleman 1 who was standing by had his chin cut open by one of the blows, and the policeman Summerfield had to be taken to the station in a cab. Neither of them have been able to go on duty since, and are under the care of the divisional surgeon. In summing up, the learned Judge said the con duct of Lieut. Gilbert was deserving of the utmost praise, and he was entitled to the thanks of the Court and of the public for what he had done. The Jury found the prisoners guilty of the whole charge. The Assistant-Judge told them that their conduct had been of the most atrocious character. They had merely urged in their defence the old plea of intoxication. That, in his opinion, was rather an aggravation of their ease, for they wore the Queen's uniform, and ought rather to be the first to preserve order than, as they usually were, the first to break it by attacking the police, who were the servants cf the public and engaged in the duty of preserving order and protecting the public. They were armed with these belts, which were really weapons of a very dangerous description, and it was impossible to tell the amount of mischief and personal injury that might be inflicted with them in the hands of savage, drunken men. They had thoroughly dis graced the coats they were wearing. The peace o a f the town was not to be out ra g ed in this way, and severe example must be made of the prisoners, each 'of whom he sentenced to hard labour for one year. James Murray, 39, was convicted of an assault upon James Simmons, a police-constable in the ex ecution of his duty. The constable found the pri soner drunk on a door step, and was about to get him to go home, when he turned suddenly upon him, threw him down and dashed his head on the kerb stone, cutting the skull open. The prisoner was a Scotchman and a habitual drunkard. He admitted himself that his character in this respect was and always had been very bad. The Assistant-Judge said, the sentence of the Court he was about to pass would alter it for at least six months, for which period he must go to the House of Correction and be kept to hard labour. (Before Mr. Payne.) Frederick Alexander Thompson surrendered to take his trial on an indictment, in which he was charged with having stolen a number of cubic feet of gas, the property of the Gaslight and Coke Com pany. Mr. H. Giffard was counsel for the prosecution ; the prisoner was defended by Mr. Ribton and Mr. F. H. Lewis. It appeared that the prisoner had been in the oc cupation of a room called Roseman-hall, in Rose man-street, Clexkcnwcll, which he let out rut tem perance lectures, balls, and concerts, and the gas was supplied by the prosecutor. In consequence of his being in arrear of payment it was intimated to him that the supply would be cut off, but lie begged that it might not, as lie was under a con tract with a teetotal society to supply them with the use of the room and gas for lectures two or three nights a week, and said it should be paid ' • he offered first half a sovereign, and t hen said he would endeavour to get £l. After a second applica tion the fitter went and cut the gas off from the main, took away the supply pipe, that is, the piece which passes from the main to the meter, and plugged up the hole in the main, and that in the meter also. Nevertheless the teetotal society had their gas as usual, and the chandelier gave a better light for at least three nights after the supply pipe had been taken from the meter, but in consequence of information which reached them they thought it prudent to remove furniture and fittings, forms, banters, &c., from the hall, when it was discovered that up in one of the corners of the ceiling a piece of gut had been attached to the end of a disused pipe, which was connected with a main at the back of Northampton-buildings, and to the end of the pipe which supplied the chandelier, so that a supply was procured direct from another main, the meter having been supplied from the main in Roseman street. It was calculated that about 300 feet would be consumed on each of the three occasions when it was used by the teetotallers (several of whom gave evidence), and the value of which was put at about 4s. The cross-examination of the teetotal witnesses by Mr. Ribton, particularly one named Penne father, who said he was teetotal to the backbone, and had been so for 20 years, was most amusing, and created great merriment in court. Mr. Ribton, in his address to the jury, com plained in very strong terms of the manner in which the company had treated this man, who had always borne a most irreproachable character, in resorting to the criminal law, and charging him with a felony under such circumstances, for it could not possibly amount to anything beyond a breach of contract. The company contracted to supply him with gas, and ho contracted to supply the teetotal lers with it, and though at the moment he was un able to pay up the arrears he did all he could do, and had not the company cut his supply off, he would have continued to carry on his rooms and been enabled to pay. As it was ho was compelled to of give up his premises to another person, who had paid the arrears, and in resorting to the mode he getting no more committeadsuap f p el l o y from nytha t n h old a e ma p n ip w e o h u e ld had in cutting a slice of his' own bread for his luncheon. He declared he wo u ld be defied pai a thef o eave done the same thing him self, e the extra gas company,and had the company as The xtragas used of course it would have been paid. sl k f c , asked to and prisoner e had, a s h e con. sidered, been improperly d through the meter, which was done of his supply in his absence, and he thought be had a right to resortto the other i to sup ply t 0 pip e , f a o s r ho what fully he intended himself was to u p n a d y e r f contractor itand n pa purloin it, :and , if the p risoner h ad not d for it then their remedy was the County Court. 1\ itnesses to chsracter were then called. The learned Judge said, ho thought the cone_ between the company and the prisoner was deter mined when the supply was cut off. It seemed t o b e admitted that the prisoner placed the piece of gut on the old pipe, by which means he got the supply in another way, and the question was, did he then wilfully and deliberately intend to steal the gas and not pay for it, or think he might do so sto tempod rarily, as his regul ar supply had been ppe, -.salient any intention of fraud. If the jury had any doubt about the matter they would give him the benefit of it. The jury retired, and after a short deliberation Fein) d the prisoner not guilty. [ADVERTISEMENT.] -Mr. Benson, Ludgate-hill, has just published anew illustrated pamphlet on watches (free by p,st for two stamps). It should bo read by all who are about buying a watch, as it contains prices and important informa tion as to—What watch to buy ! where to buy it ! and how to use it ! 13 ‘Lnr:LiIT......ISIErIZ.4---flials ti zty ' s Ointment Lden chanagneds o P f i Il s. tem perature — in winter always produce cods, catarrhal fever. Holloway's Pills readil y remove , . symptoms of these diseases, but when neglect has 'permitted influenza, first and them to gain a stronghold on the system, his Ointment should be well rubbed twice a day upon the back and che s t ; this course perseveringly followed for a Mort lime, will rescue many who, through inattention, seemed doomed to serious sr fatal consequences. Asthma, bronchitis, and consumption, ace thus prevented. The irritable chest is bsdoriogetaehtshetidion,ng is is the cough becomes lo oser a nd less frequent, and the vigour. restored, gin pp strengthened. The a e tite returns, good bring g with it ease, strength, and MANSION-HOUSE. —A foreigner, who gave the name of Oralia Peake, but who had been pre viously accused on more than one occasion under other names, was charged with stealing a diamond pin, value £3 35., from Mr. Richard Taylor, of 147, Strand, bookseller. The prosecutor said he was looking in a window in Cheapside, when he felt a pull at his scarf, and on looking round, saw the prisoner withdrawing his hand. Immediately after he found that his scarf pin was gone, and consequently he collared the pri soner, who, passing his hand behind him, dropped the pin upon the pavement. Witness held the pri soner till a policeman came up, who took the pri soner into custody, while a lady who had picked up the pin handed it to witness. Sophia Carter said she saw the prisoner put his hand behind him holding out the pin, as if to pass it to a confederate, but as no one took it he dropped it on the pavement. Several boys began to scramble for it, but placing her foot upon it, she kept it there till she had an opportunity of picking it up, and then gave it to Mr. Taylor. The policeman who apprehended the prisoner said he found on him only three farthings and a knife. The prisoner, although long-resident here, af fected to be ignorant of the English language, and an interpreter was, therefore, employed, through whom the prisoner impudently denied that he t ou ched the pin, or thought of doing so. • Mr. Alderman Hale inquired whether anything was known about him. Mr. Goodman (chief clerk) said, yes, he had been there repeatedly, and some gentlemen al; one time interested themselves in him so far as to endeavour to get him restored to his native country, but as he vas a native of Rome, and had been banished as a political offender they failed in this, and the pri ' soner had ever since favoured London by making it the scene of his predatory operations, for which he had been several times imprisoned. Mr. Alderman Hale said he would pnt a stop to the prisoner's operations for a time by committing him for trial. BOW-STREET.—Henry Taylor, a Post-office letter-carrier and sorter, at a salary of £BO a year, was committed for trial on a charge of stealing three letters, containing, respectively, a miniature portrait, a box of pills, and a piece of knitting, which had come into his possession in the course of his duties at the General Post-office. On Saturday the prisoner was detected by Smee, the police officer attached to the General Post office, in the act of destroying and concealing the envelopes of several letters, and appropriating their contents. He was taken into custody, and the letters being traced by means of the fragments of the envelopes (which were put together so as to render the addresses legible), the owners of the three articles mentioned were discovered, and the property identified. At his lodgings were found several pocketbooks, of the description generally used for Christmas and New Year's presents, all of which had evidently passed through the post, the impressed stamp being plainly legib le on the leather covers, as if it had penetrated the envelopes in which they had been enclosed. WESTMINSTER. —Owen Gullivan, an itine rant fishmonger, was charged with violently stab bing and wounding his wife Eliza in the throat. The prosecutrix, who appeared in so weak a state as to be scarcely able to give evidence, said that on Saturday night she went to Regent-street, West minster, where she met her husband with his barrow crying his fish for sale. She asked him how he got on, when he complained of being very unsuccessful, and swore at her loudly. As he turned directly, with the intention as she thought of going home, she followed him to give him the key, which he took. Shortly after that he took some thing from his barrow, immediately upon which he hurried towards her, and without uttering a word she felt that he had given her a blow in the neck. It was with a knife, and she became insensible and knew nothing more. A very large knife with a long, sharp blade, such as is used by hawkers of fish, was here produced and identified by the pro secutrix as the one carried by her husband With his barrow. James Tanner, a clerk, confirmed this statement. He saw the man suddenly rush towards the woman, who immediately afterwards cried out " Murder! I'm stabbed," and on going to her he found her bleeding profusely from a wound in the throat. John O'Brien, 269 B, proved apprehending the prisoner, who said he was very sorry. A certificate was handed in from Mr. William Peale, of Marsham-street, Westminster, which stated that he had examined the complainant, and found that she had a long incised wound on the neck, inflicted by some sharp instrument. She had lost a considerable quantity of blood, and the wound might have proved fatal. The prisoner was remanded for a week. John Jackson and John Davenport, privates in the (31 & vriadtel O uaL la, -yr cro oh.oxisua with the fol lowing gross outrages. Emma Rigalsford, 11, Lower Simmonde-street, Chelsea, a very respectable looking young woman of 19, said that, between 11 and 12 on Sunday night, she and her father and mother had just left Buckingham-gate, and were crossing towards James street, when being overtaken by rain, her father stopped behind to put her mother's cloak over her bead, and complainant got a few yards in advance. At that moment Jackson came up, laid hold of her, and tried to turn her cloths over her head; she screamed out and got away from him, and was about to run across to her father and mother when both the defendants caught her together and threw her down. Her father came up, when they attempted to strike him. He called for the police, and Daven port, taking off his belt, was about to use it, when, seeing a policeman coming up, he put it on again. The mother and Elizabeth Mitchell, a young wo man who was passing, confirmed this account. The defendants used very bad language to the mother, and while the father was stooping to pick up his hat, which they had knocked off, they pushed him down in the mud, and served the mother the same, and the latter and the daughter's clothes were so spoiled that they could put none of them on that morning. Mitchell added, that she heard Daven port ask a gentleman to give him the price of a pot of beer or quartern of gin. The gentleman re fused to do so, when Davenport said that if he did not comply with his request ho would give him "domino" with his belt, which he was flourishing at the time in his hand. The gentleman ran away and the soldier after him for some distance, when he returned to his comrade, and then the attack was made upon complainant. The police proved that both the defendants were drunk. Jackson walked quietly to the station ; but Davenport threatened to knock somebody's brains out. Mr. Paynter wondered what the sentry and picket at Buckingham Palace and Wellington Bar racks could have been about while this was going on ; he should have thought, if there had been any place in London free from risks of this sort, it would have been the particular spot where this affair hall occurred. One would have conjectured that at the entrance of the Queen's Palace no outrage of this sort could have been committed without the inter ference of the sentry or picket. The constable said the disturbance was so great that he had heard the cries from a distance. The sergeant of the Grenadiers who was present said, that if the sentry had been on the alert the soldiers would have been taken by the picket. Davenport said he never touched the girl. The other prisoner made no reply. Mr. Paynter said they had both disgraced the uniform they were by the commission of this gross outrage. It was disgraceful that a respectable girl returning home with her parents on a Sunday night could not pass along the streets without being attacked by soldiers in this shameful manner. It was fortunate for them that they had not used their belts. Davenport was committed for two months, and Jackson for one, with herd labour, in the House of Correction. ract WORSHIP-STREET.—Edward Leach Leake, a middle•aged man of respectable appearance, was brought up for final examination, charged with fraud. ha T d h f e or p a ri upon tradgsmentalinde him self as the secretary ci n t s ln o n n a er, it was detailed some weeks since to them, a City, i on b rt been es officeri in ando t f h ar e et pr h ar a de b se i es t n, of representing protection calling offered to collect any debts owed orLec.wieniivgs e, tdohf emir Eo.lrve- Ipni a 2, i sf s o u w e ny legally he w a t s h the statedpe rio n b u y w m h i o .. society in the than £2OO, without having benefit to prosecution, to have e ber given into cus todyimin t ad any body but himself, and, so defrauded, against h p ini, and, on his , ouse presenting, by one person whom Detention, tio his n, beingw as idlislielple:lsndeneother cases were gone into being remanded t p o ar t a h l o ys H is there struck with thenex t officers, brought a most t supportednl miserable e b a y n of appear ance. Ile himself entreated mercy, saying t•urgeon of the gaol had assured him he wouldne t v he recover, but the magistrate had a doubt of and, the prisoner having formally pleaded guilty to one of the minor charges—minor, that is to say, as m . to the amount he had obtained—he was aain re handed for the fact he alleged to be more g positively ascertained. The prisoner was now a pp arently ded to the as helpless as before, and a certificate was han wench: from the meclie4l ofnecr of the Hotoe of * LAW INTELLIGENCE. —Feb, 6. ;5, Feb. 6. phreys turned round to the other boys and said, " What the deuce are you at 9" With the assistance of Mr. King, a solicitor, I took him from his seat. Mrs. Draper said, " He has done nothing." By Mr. Yardley—l saw Wright move his legs and strike the seat. Wright—Why, two boys were kicking on each side of me. I did nothing. Mr. Thompson, in answer to other questions by the magistrate, said Mrs. Draper was sitting two or three seats in advance of Wright, and said he had done nothing ; it was in her ordinary mode of talking. M. 'Yardley—At that time, you tell me, there were great noises in the church? Mr. Thompson—Yes, sir; fearful noises. Mr. Yardley—You cannot say what she said disturbed the clergyman ? Mr. Thompson—No, sir. Mr. Yardley said the evidence amounted literally to nothing. It might be there was a very great disturbance in St. George's Church deserving of the highest censure, but the churchwardens had not got at the head and front of the offenders. It was of no use to bring a lot of boys before him unless there was some evidence against them. There was nothing that was tangible. It was not pretended the prisoners acted in concert, or disturbed the clergyman. As to the little boy, the churchwarden could not say he kicked the seat. It was as likely to be some one else as he. With regard to Mrs. Draper, her offenee was literally nothing. She bad only said "He has done nothing." Unless Mr. Howell could carry the case further, there was literally nothing against the prisoners. Mr. William Warwick King, solicitor, of College hill, who had been engaged in some of the prosecu tions at this court on behalf of the Rev. Bryan King and other clergymen of St. George's, confirmed the evidence generally of Mr. Thompsoe, and added that while the people in one gallery were singing " Rule, Britannia" the people in the opposite gal lery were singing " We won't go home till morn ing, till daylight does appear." Mrs. Draper said " Why do you touch that boy ? " in a louder tone than ordinary. When Mr. Thompson put his hand upon Wright the boy said " I will summon you." There was a great deal of noise in the gallery where the boy - Wright was. The noise, confusion, and riot were terrible, and a scandal and a disgrace to a Christian country. Mr. Yardley—l perfectly agree with you, sir. It is perfectly shocking. Have you any other evi dence, Mr.. Howell ? Mr. Howell—No, sir. All I can say is the churchwarden is desirous of putting down these un seemly riots. It is a great pity those who do not approve of the ceremonials and services of the rector and clergy do not stop away. Mr. Yardley said the case amounted literally to nothing. He hoped the general remarks he had al ready made, and those he was about to make, would do some good, and that ho should not again hear of these frightful disturbances in a place set apart for the worship of Almighty God. He was, how ever, almost inclined to despair of it—he utterly despaired of it. (Sensation.) He had said all he could in the way of advice, admonition, and remon strance. The strong arm of the law must be applied to put an end to the outrageous proceedings in St. George's Church, for things wore carried on to an extreme. If the general disturbances were ever so great, and whether persons went to the church with one common design or not, they ought to be pro ceeded against for a riot ; if it could be proved they were acting in concert it would amount to a conspi racy. He would point out how stringent was the protection thrown over our churches and chapels, and what severe penalties people were subjected to who were guilty of brawling in church or chapel, or disturbing a congregation. Mr. Yardley, after quoting the acts of Queen Mary and William and Mary for the punishment of persons disturbing a congregation, or disquieting preachers, said the penalties of fine and imprisonment to be summarily inflicted by magistrates were very severe, and he and his colleague would put those acts in force when necessary. Mr. Yardley then went on to say there was a more recent act of Parliament, 7 and 8 Geo. IV., cap. 30, the Bth clause of which enacted, " that if any persons riotously and tumultuously as sembled together, to the disturbance of the public peace, shall unlawfully and with force demolish, pull down, or destroy any church or chapel, or any chapel for the religious worship of persons dissenting from the United Church of England and Ireland, duly re gistered, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon." The capital punishment was repealed, but the punishment was still very severe—penal servitude or transportation for life—and he (sir. Yardley) hoped people would take notice of the words " begin to demolish, pull down, or destroy any church or chapel," and the serious consequences that would follow auy attempt of the kind. A still more recent Act, the Bth and 9th Vic., cap. 44, sec. 1, enacted. " that every person who shall unlawfully and mali ciously destroy or damage any picture, statue, monument, er painted glass, in any church or chapel, or other place of religious worship, or any statue or monument exposed to public view, shall be guilty of a misdemeanour, and being convicted thereof shall be liable to be imprisoned for any period not exceeding six months, and, if a male, may during the period of such imprisonment be put to hard la bour, or be once, twice, or thrice privately whipped." Mr. Howell said that act was passed for the better protectien of works of art and scientific and literary collections after the destruction of the Port land Vase in the British Museum. Mr. Yardley—Yes, and also applies to pictures, statues, monuments, and painted glass in our churches and chapels. I would have put that act in force if it had been proved that the prisoners before use had injured the monuments and painted glass in St. George's Church last night. The third and fourth clauses of the same statute enacted "that any per son found committing any offence against this Act may be immediately apprehended without a warrant by any other person, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law ; and every person who shall abet, counsel, or proouro the commission of any offence against this Act, shall be punished as a prin. cipal offender." It should be borne in mind that magistrates had to deal summarily in such eases, and accessories were liable to conviction as well as princi pals. It would be going out of his wry to say what he would do if a case was made out under any of the statutes ho had quoted. 'Whenever a case of creating a disturbance in a church was made out, he could answer for himself, and also for his colleague Mr. Selfo, that the summary powers intrusted to them would be put in force. He hoped what he said would be taken by the prisoners, and by others in that court, as a warning. If any person did in jury to the statues, ornaments, or painted glass in a church or chapel, the punishment was six months' imprisonment and hard labour. If there was a riot or tumultuous assemblage in a church, every one present or taking part in it was liable to be indicted, and people once joining in such an offence might be induced, in a moment of excitement, to go fur ther and peril their liberty for the rest of their lives, and bring their friends to grief all their lives. A stop must be put to these notorious scenes, which had been going on every Sunday for a long time. It was not a question of good doctrine or bad doc trine, or whether the services as ceLducted in St. George's Church were objectionable or not, but whether mob law was to be tolerated in this coun try. He could not help thinking if the persons whose duty it was to preserve law and order in the church had exerted themselues with more vigilance and zeal, these scandalous scenes, so disgraceful to the country, would have been long siuce put down. Let every person who heard him rely upon it, that if any offenders were brought before him or his col league, the law as it stood would be put in force. Once more, he must say, a stop must be put to these outrageous and disorderly proceedings. Nothing tangible could be proved against the four prisoners, and they must be discharged. They knew best why they went to St. George's Church on Sunday night. He assumed they did not go there for a good pur pose. Perhaps they went with the intention of being present at a disturbance. If they did that again they might find themselves involved in serious consequences. If any wicked persons went to the church to destroy property the punishment was six months' imprisonment and hard labour, and they might probably go further, and involve themselves in a charge of riot, and subject themselves to two years' imprisonment ; or be concerned in the par tial demolition of the interior of the sacred edifice, and then the punishment would be penal ser vitude for life. He was afraid things would go on from bad to worse, until persons were brought before him on charges involving a sentence of penal servitude for their natural lives. He hoped tke peaceable and well-disposed would join the autho rities of the church in restoring peace in the dis tracted parish of St. George, and for ever putting an end to a state of things which every rightly. constituted mind must sincerely deplore. If it should happen there were any more of these dis turbences in St. George's Church, he hoped the ringleaders, the principal offenders, would be brought before him. Mr. Howell—l hope they will, sir. I feel much obliged to you, and so does the churchwarden, for the great pains you have taken in explaining the law, and I hope, sir, it will have its proper effect. Mr. Yardley—l hope it will. I hope those who have heard me will profit by what I have said. I hope for the best. Mr. I lowell—The gas columns, the galleries, and the banisters of the reading-desk were greatly damaged last night. Mr. Yardley—Keep your eyes open and be vigi lant, and further damage will be avoided. The following statement lots been prepared on behalf of the rector and clergy of this distracted parish : " There was no disturbance at all at St. George's church till after the appointment (by the vestry) of the Rev. Hugh Allen as lecturer, a clergyman whose opinions it is hardly necessary to say are violently opposed to those of the rector of St. George's. Mr. Allen preached for the first time on Sunday, May 22, 18.59. On that day he intruded himself upon the rector's usual afternoon service, though warned by the curate not to do so ; and whereas the usual hour for the afternoon service was 4 o'clock he commenced the ser vice at 20 minutes before 4, so as to pre-occupy the church and hinder the curate from conducting the usual parochial service. This gave rise to great confusion and disturb ance for the first time in the church. When it was decided by the Court of Queen's Bench that the lecturer should have the use of the church at a reasonable hour, which the rector might appoint, the rector offered him the use of the church at 5 o'clock on Sundays, that is, after the rector's ser vice, as suggested by the Court; but on his expressing a wish to have his service before the parish service, this was at once agreed to, and it was arranged that the lecturer's service should be at a quarter past two. The lecturer himself had wished that it should be at half-past two—the rector that it should be at two o'clock, from the fear, which subsequent events justified) of some unseemly collision. Ultimately it was settled that the lecturer's service should be at a quarter past two. It will be seen by this that, so far from the hour of the lecturer's service being any real grievance (as was afterwards alleged), the rector even extended the privileges accorded to the lecturer by the decision of the Court, and offered him the choice of having his service either after or before the usual parochial service, and it was the lecturer himself who preferred that it should be before the rector's service. That the rector judged rightly in wishing the lec turer's service, if it was to be before his own, to be as much before as possible, is proved by the fact that many of the lecturer's congregation habitually remained in church after their own service was ended, to annoy the rector and his congregation at their service, which followed soon after, while the rector's congregation, on the other hand, never once sought to give any annoyance or to interfere in any way wit h the lecturer's service. " After having been closed in September by order of the bishop, who hoped that this step would put a stop to the disturbances, on the Gth of November the church was re opened after the bishop's arbitration; but, so far from the rector's concessions being met by a corresponding spirit on the other side, the riots began anew with more violence than ever. The mob took possession of the seats occupied by the choir, and turned the clergy and choir out of their places in the church. They'shouted the responses aloud in the meet indecent and outrageous manner, sometimes into the very ears of the officiating minister ; they tried to stop the prayers, lessons, and sermon, by continued coughing and hissing, stamping of feet, whistling, and slamming pew doors. They turned dogs, howling from the effect of drugs purposely ad ministered to them, into the church, on one occasion, and on another occasion crackers were let off, and musical in struments used in the church to disturb the service. On more than one occasion clergymen and laymen were spat upon, pelted with stones, and had mud thrown in their faces in the streets. In short, the mob behaved just as the dregs of society would behave anywhere if they thought they might do so with impunity. Whether the local au thorities really did their best to check, or even to discoun tenance these disturbances, is a matter which those who have read the papers must judge of for themselves. The presence of the police in church for several weeks hindered the outrages of the mob for a time, but the force was . sud denly withdrawn on New-year's-day, notwithstanding the earnest request of the rector that the withdrawal might be gradual, and the riots aro now worse than ever. " As it had been tated that the rector has forced a choral service on an unwilling congregation, it may be as well to state the origin of the choral services at St. George's. In 1544 the churchwarden illegally locked up the organ, and refused to allow it to be used at service at all, paying the organist's salary on the express condition of his refusing to play ; and this he did because the rector continued the use of the church militant, which was advised by the late bishop. After remaining for several months without any music whatever, members of the congregation at last agreed to pay a choir, so as to be independedt of the use of the organ, and in this way the choral service was begun, which has been continued uninterruptedly from that day to this— a period of fifteen years. No one can reasonably suppose that the choral service which is used in all cathedrals, in several parish churches, and at ;the special services for the working classes at St. Paul's and Westminster Abbey could be any real cause or justification of the riots in ques tion. " About four years ago the rector invited some clergy men into his parish, who proposed to establish a mission in some large and poor parish, without any expense to the parishioners themselves, subject, of course, to the Bishop of the diocese. Two mission chapels have since been opened by them in the parish of St. George's, with Sunday and daily services, free to all classes alike. They have esta blished and maintained Sunday and daily schools. Under their advice aid encouragement ladies have been associated together to visit and relieve the sick and to rescue the poor women of that neighbourhood from sin and misery. Very considerable expense has been incurred in this way for the spiritual welfare of the parish, and much good has really been effected by these means, while the return which they have received has been to be sneered at and insulted, enema occasions put in peril of their lives, and to have their chapels invaded, and the services interrupted by a riotous mob. Is it just and fair, then, that this state of things should be allowed to continue at St. George's? Why are those who violate no law themselves to be deprived of the protection of the law ? Can it be believed that there is any religious principle whatever in the riotous mobs which are thus tolerated and connived at P Can it be believed that no way could be found of putting an end to such riots if they occurred at St. George's, Hanover-square, or St. James's, Piccadilly ? All that is asked for is fair play, and that Divine worship in St. George's-in-the-East should not be deprived of that protection which is extended in this land to all forms of worship." The vestry have appointed Thursday the IGth inst. for the election of a lecturer in the room of the Rev. Hugh Allen, M.A., who has been pro moted to the rectory of St. George's, Southwark. It is to be hoped that their selection will not tend to increaae the unhappy divisions which at present prevail in the parish. There are a considerable number of candidates; but it is thought that the choice of the vestry will fall upon one of the fol lowing gentlemen :—The Rev. George Eastman, 8.A., of St. John's College, Cambridge, rector of Draycot Foliatt, Wiltshire, late curate of Stepney; the Rev. Thomas Richardson, of St. Bees' Theolo• gical College, incumbent of St. Matthew's Church, St. George's-in-the-East; the Rev. J. P. Courtenay, 8.A., late curate of Whitechapel. CAPTURE OF TWO CONVICTS, A most daring escape or two convicts from a rat_ way train while in motion occurred shortly after four o'clock on Saturday morning last, on the Great western line between Reading and Twvford. It appears that 13 convicts were under orders of re moval from Dartmoor prison to Chatham, and they were placed in the train in two lots, nine being un der the charge of two officers, and the remaining four with one officer, occupying two separate com partments in a second class carriage. The convicts were fastened to each other by the hands with the usual irons and chains, and they were all orderly and quiet, nothing occurring to excite suspicion that any contemplated effecting an escape. The train left Reading soon after four o'clock on Saturday morning, and when three miles distant from the town two of the convicts, named John Brown and Robert Bevill, who were in the compart ment where there were nine, suddenly jumped from their seats and leaped through the window of the door, the train at the moment running at the rate of 30 miles an hour. The officers in charge were natu rally amazed at their intrepidity, but on looking near the doorway it was discovered that both of them had managed to slip the irons from off their wrists, and that therefore they were not shackled in any way in their movements. The other convicts did not exhibit any desire to be refractory or 'violent, the experiment of escaping not being one which they were disposed to adopt. On the arrival or the train at the Slough station the railway authorities were made acquainted with the escape that had been effected, and as it was supposed that the convicts must either have been killed or injured the wheels of the carriages were examined to see if blood was discernible. None, however, could be traced, and therefore it was ima gined that they were not killed, but that they might have sustained such injuries as to disable them from getting far away. Telegraphic mes sages were forwarded to the police, both borough and county, at Reading, and on Saturday morning the chief constable of the county gave directions for the men to examine the woods and thickets be tween Reading and Maidenhead. This order was executed on Saturday and Sunday last, but with out any trace having been found, or any informa tion obtained of the missing convicts. The police of the borough of Reading were very active in their inquiries, and had arranged for information to be given to them in the event of any strange or sus picious men being seen in the town. Soon after the time for the commencement of services at all the places of worship in the town on Sunday evening, two men of remarkably strange appearance and dress excited the suspicion of a man passinc , along the Market-place. At once ho pro ceeded to the police-station, and the description he gave to Sergeant Townsend, the officer in waiting, led him to suspect that they were the men who had jumped from the train. He hastened to the Market-place, but the men were not there ; he pro ceeded further, and meeting with Inspector Hardi man he communicated to him his suspicions, and they both made off for the men. The officers saw them in the High-street, near the shop of a hair dresser taunr ; dn elnspectedh around,rgeodr them no n n s ew e e n i s d t ehi g z o be tde being f t r i ei o s r bc , t ya, p o te f hd t e h cc e oo m n th con victs. Inspecto r Hardiman instantly l r e s n , tly took charge of Bevill, and Inspector Townsend held the other prisoner, Joiln Brown. The latter made a most desperate resistance and used fearful ep'thets, say leg he would not be taken by one man. He swung his arms about violently, and struck the officer a fear ful blow on the left eye, but Inspector Townsend retained his hold of the fellow. Police-constable Fenner afterwards came up, and Brown was safely lodged at the borough police-station. The man Bevill at once admitted that ho and Brown were escaped convicts and quietly walked to the station. The policeman here examined the convicts, and Brawn was found to wear a brown slop frock; un derneath this was a woman's old cloak and a shirt, and when the latter was pulled off the Dartmoor prison suit was visible. Bevill had only a smock frock overhis prison dress. Thisconclusively proved that they were the men who had escaped, and they were then removed to the county gaol for safe cus tody. *When 4 remark was made that it was wonderful they escaped without a broken limb, Brown replied, " Ah, but it shook every bone in my body." Bevill was not in the least degree hurt by the leap. They admitted that after getting away fi mu the train they walked to a wood in the country, tore down some branches from the trees, and covered them selves over for the day. At night they strolled. about, and when they gut to a cottage they entered and took the old hats and other articles of dress in order to disguise themselves. It was their intention to get to London, but they were afraid of going along the turnpike road. They walked about until, by roads they knew nothing of, they got into Read ing on Sunday evening. On Sunday the Berks po lice received information of a cottage having been broken open at Woodley on the previous night, and the articles found in the possession of the two convicts answered the description of what was re ported to have been stolen. On Monday morning the convicts were brought up before Mr. Micklem and Mr. Morris, two magis trates for the borough, charged with having unlaw fully made their escape from custody. They wore the Dartmoor prison dress, and when the evidence of Inspector Townsend had been taken as to their capture the magistrates remanded the prisoners into safe custody at the county gaol, for communi cation to be made with the authorities. _Both were thoroughly unconcerned as to what was going on ; and Brown laughed heartily when the policeman described the dresses he wore over his prison suit. trim SUN, LONDON, TUESDAY EVENING, FEBRUARY 7, 1860. 'OLICE INTELLIGENCE—Feb. 6. Detention, stating that the prisoner's illness was not assumed, and that lie would in all likeli hood continue in the same state he was then in. The gentleman attending for the society very much regretted to hear this, but the object in pro. secuting, the prisoner, it was obvious, had only been for the joint protection of the association the name of which the prisoner had been so injuriously using and of the public. The magistrate saw this in the same light; and, in answer to a renewed appeal from the prisoner for a merciful consideration of his offence, which had resulted so miserably for him, told him that if it had not been so distinctly proved that the afflic tion under which he was now labouring was an actual suffering, without dissembling or exaggera tion on his part, he should have undoubtedly sent him for trial, to be followed most probably by penal servitude ; as it was, he should deal with him sum marily upon the one case to which he had pleaded guilty, and for that he should send him to the House of Correction for four month s, but for im prisonment only, as hard labour in his position was out of the question. ST. GEORGE'S-IN-THE-EAST. Yesterday the following persons were brough before Mr. Yardley, at the Thames Police-court, charged with being concerned in the disgraceful riot which took place in the parish church of St. George's-in-the-East on Sunday evening last : Henry Wright, aged 15, of No. 30, Brunswick street, St. George's, and James Humphrys, 17, of No. 20, Cannon-street, St. George's, charged with disturbing the congregation assembled for Divine worship •, Curston Cartjohn, 15, of 36, Buxton street, Mile-end Old-town, gold-beater, and Mary Ann Draper, 40, of No. 21, Warner-street, Clerken well, charged with obstructing Mr. Thompson, churchwarden of St. George's, in the performance of his duty. There was a large attendance of the vestrymen and ratepayers of St. George's opposed to the Tractarian innovations and ceremonials of the rector and curate in attendance. The proceedings were conducted with the greatest decorum, and formed a striking contrast to the noisy and blas phemous proceedings of the rioters in the church on the preceding night. The Rev. Bryan King, his curates, and choristers were not in attendance , and their absence prevented any of those hostile demonstrations of feeling outside the court which have happened on former occasions. Mr. Howell, solicitor and vestry-clerk of St. George's-in-the-East, conducted the prosecution, and, after Cartjohn had been arraigned in the dock alone, said there were four persons separately charged with offences in St. George's church on Sunday night, but it would be a great convenience to all parties, and save a good deal of the valuable time of the Court, if all the charges which arose out of one disturbance were taken together. Mr. Yardley—l see a number of charges from St. George's church on the police-sheets. If you can show the parties acted in concert, and went to the sacred edifice for one common purpose, they can be charged together. Let all the prisoners charged with being concerned in the riots in St. George's church last night be put into the dock. The prisoners having answered to their names Mr. Howell said the charges arose out of a dis turbance in St. George's church on Sunday night. The service was a choral one, and unpopular with the parishioners. The unhappy state of things in the parish of St. George had been before the magi strates of the Thames Police-court so many times that he had no occasion to dilate upon them, or to trace the origin and cause of the disturbances. Ho should therefore call the senior churchwarden, who would give a fair statement of facts. On Sunday evening there was a tremendous disturbance in the church ; it was, indeed, fearful, and lasted during the whole time of Divine service. The church was crowded to excess, and the services and ceremonials were interrupted by yells, hootings, hisses, the singing of snatches of songs, and noises of every kind from all parts of the sacred edifice. Mr. Yardley—Snatches of songs! Mr. Howell—Yes, Sir ; and catcalls, 'whistling, and uproar of every description: The churchwar den's attention was particularly directed to the gal leries, where a number of boys were slamming doors, kicking the seats and benches, and making other noises. The churchwarden told them to be quiet. They would not. At last the churchwarden found it necessary to call in the police, and the church was cleared of the rioters. The prisoners, with one exception, were all young persons, and, no doubt, had been the dupes of designing persons who had escaped. Mr. Yardley—ln what shape, Mr. Howell, do you present your charge ? Mr. Howell—For interrupting Divine service. Mr. Yardley said, when the solicitor talked about designing persons, there must be a design. If there was a design or concert to interrupt Divine service, he did not sec why all the parties should not be in , di . ..tad for a oon.piraey. Mr. Howell said there was no doubt the rioters who went to the church had one common design— to prevent the celebration of Divine service. Mr. Yardley—lf there has been a design, you have scarcely been happy in selecting the objects of your prosecution. Mr. Howell—We are very unfortunate. We cannot get at the worst offenders—the adults who have got up these fearful riots. Mr. Yardley said it would be mere affectation to pretend not to know that the disturbances in the church of St. George's-in-the-East bad been going on for some time, and were getting from bad to worse. Every means, therefore, should be adopted to put a stop to them. If there were persons whose: precepts and advice had led younger and more igno rant individuals to take part in such highly dis graceful scenes, the designers ought to be put upon their trial on a charge of conspiracy. Mr. Howell— If we could discover them we would certainly do that. Mr. Yardley must say, from the opening of the vestry-clerk, every person taking part in the alleged disturbances on Sunday night could be indicted for a riot or disorderly assemblage. It would be pre mature for him to say what he would do until a orinia facie case was made out; but, from the open ing of the solicitor, it was a question whether the persons sould not be proceeded against by indict ment for a riot and tumultuous assemblage. He would see what the law was. Mr. Howell said there was the Act of Queen Mary against disturbances in a church, or disquiet ing which was a highly penal one, a offenders to severe punishment. Mr. Yardley — Yes , and there is another Act of ga tion, William and. Mary ; but if the offenders were nd a subjected cong e r in dicted for a riot they could be still more severely dealt with. Mr. Yardley then read the definition of a riot from " Russell on Crimes and. Misdemeanours," vol. i., page 350 "A riot is described to be a tumultuous disturbance of the peace by three persons or more assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards ac t ua lly executing the same in a violent and turbulent manner, to the terror of the people, whether the act were of itself lawful or unlawful." And the law was, that if any person encouraged, promoted, or took part in riots, whether by words, signs, or gestures, he was himself a rioter, for in i that case all were principals. It was requisite that the people should know what the law was. Mr. Howell—lt is the earnest desire of the church warden that you should state what the law sir. Mr. Yardley—l have done so very often indeed, end with very little effect. I almost despair of doing any good. if the parties are proceeded against for riot they can be more severely punished than they can be under the Act of Queen Mary, or Philip and Mary, which certainly gives me very extensive summary powers. Mr. Howell believed the boys in the dock were misled by others. Mr. Yardley—The question is whether they were together with a preconcerted design in a place of public worship. If they disturbed the congrega tion in such a manner as to create a terror they could be indicted, and if found guilty would be subjected to a long term of imprisonment. Mr. Howell--I will not say there was a precon certed design among these prisoners living in dif ferent parts of the town. Mr. Yardley—You are not happy at all in your selection of offenders. Mr. W. J. Thompson, senior churchwarden of the parish of St. George-in-the-East, was then sworn. He said—l was present at the church last night. There was a very great disturbance—sing ing whistrn; eat-calling, hissing and other un seemly demonstrations, It was a most disgraceful noise. My attention was called to boys in one of the galleries. I was told they had fireworks. I tooka boy out who was conducting himself impro perly. I was interrupted by Cartjohn, who stood before the other boy, and put difficulties in my way. Ile said, " That boy has done nothing ; let him g o." I pulled Cartjohn out of the church, and gavehim into custody. Car tjohn was in the south gallery. Wright was in the north gallery. My at tention was c tiled to the singing of " Rule, 136 tannia" during the sermon. I went to the north gallery and saw Wright kicking the seat and mak ing a noise. I told him to come out, and he would not. Mrs. Draper then called out, "He has done nothing." I sent for the police, an d s aid I would not allow such unseemly noises. I don't know whether they knew I was churchwarden. There was a good deal of noise in the centre of the gal lery, and bo y s w were standing upon the seats. Hum- COUNTRY MARKETS. COLCHESTER—FED. 4. Only a moderate supply of wheat, and the beat samples were taken at the full prices of last week ; damp parcels difficult to sell. Malting barley of the best description is becoming very scarce, and is fully is per qr dearer. Beans and peas taken freely at our quotations. Wheat, white 44s to 508 Beans, Mazagan..32s to 36s I red 38s to 46s Middle & small 33s to 42e Barley 36s to 46s I White peas 3s. to 404 Oats 2os to 28a Grey., 32s to $6. CHELMSFORD—Fxn. 3. There was a fair supply of wheat. but generally tho trade was very dull, at about last week's prices for best ; inferior the turn lower. Spring corn as before. Fine malting bar• ley scarce, and firm. Wheat, white 40s to 50s red 388 to 433 Barley 30s to 37s Chevalier 320 to 42s Grinding 21. to 26s Malt 60s to 66s Chevalier 63s to 68s Oats 22s to 32. Peas, Partridge ..375 to 385 White ..375 to 395 Boiling 37s to 405 Dun 32s to 35s Beans, Tick Us to 40. Harrow Ticks 40s to 43s Mazagan. 355 to 37e DERBY-FEB, 4. At our market yesterday wheat hold at no advance on the prices of last week. Barley advanced ls. White wheat, new, 47s to:sls Barley, grinding.. 284 to 281 Red do. 431 to 484 Oats, old, .. --i to --4 Old white .. 47e to 514 New do 23s to 27e Red do. 43s to 48s I Beans. 44s to 49s Barley, malting.— 38. to 454 I limas, new .--o to —0 GLOUCESTER—FTm. 4. At our market there was rather a, fair attendance, with a firm business doing. English whits wheat, 458 to 47s ; red, 43s to 468 per qr. Foreign, 463 to 50s per qr. I* barley, oats, and beans no alteration. YORK—FIB. 4. An average quantity of wheat on offer, which made lad week's quotations. A tolerable supply of barley, and tins samples quite as dear. Oats and beans steady. Wheat, red .40s to 45s Oats.... 22s to 250 White do .46s to 50$ Beans 42s to 440 Barley .32s to 40s Peas . —34% to 374 Malt, 60s to 70s per qr. ; rye, 32s per qr.; flour, 33s to 3os per sack. LEICESTER-1 7 Eu, 4. Fine flour, 33s 18ecoiTds:31sf Thirds, per 20 stone. There was a tolerable supply of wheat to-day, a fair attendance, and trade steady. White wheat, 475 to 600 —red, 42s to 46s per 36 stone; a very fair inquiry for fins barley, grinding, 30s to 33E; malting, 38s to 41s per qr.; oats, 24s to 34s per 24 stone. Beans—old, 62s to ‘-119 now 42s to 44s per 38 stone. KIRKALDY-FEB. 4. Hero to-day we had good supplies of wheat and oats, but small of barley. Sales ready. Wheat sold at rather lees money, oats without change, and barley again was a shad* deare r. Wheat (N). Barley (N). First.... 40s Od 32s Od Second.. 46s Od 37s 6d Third 49a Od 40s Od Wheat (0). Barley (0). First.... —s Od Od Second., —s Od —a Od Third —s Od —s Od Oats (N). 20s 6d 26s Od 291 Od Oats (0). --s Od —. Od -8 OI COAL MARKET—FEu. G. (Prices of Coal per Ton at the close of the market.) s. d. Walls Ent. Hastings Hartley 15 0 Tanfield Moor Butes-14 0 Whitworth ....... 1$ West Hartley ,• , 15 6 Powell'aDuffrynSteam 22 Wylam l6 6 Ships at marker 'ET LIST. ters are despatched by teeming mails. 4, 17—Sold. 15. FOREIGN MAIL PAC _ - In the following table E signifies that le by evening mails from London, and M ___.— Next DESTIN.LTioNa. Despatch Port of Mull of Mails. Despatch. due. --....... Australia and Mauritius, via Southampton Feb. 11, eb E l Southaitp. F- 9 Ditto, via Marseilles Bahamas and Havana via New York Feb. 17, B Liverpool.. Feb. 16 Canada, &c. (by Canadn. pckt ) Feb. S, E Liverpool.. (Feb. 11 Cape of Good Hope, Ascen sion, and St. Helena China, Penang, and Singa- 1 9 pore, via Southampton MiSouthamp. Feb. 1 Ditto, via Marseilles Gibraltar, via Southampton.. Feb. 11 , ISouthansp. Feb. , Honduras and Blewfields .... Feb. 17, Seuthamp. Feb. 16 India (Calcutta) and Ceylon, via Southampton Feb. 20,15 Sou th amp. Feb. 11 Ditto, via Marseilles India (Bombay), via South ampton Feb. 11, iSouthamp. Feb. , Ditto, via Marseilles ;Feb. 18 Lisbon, Brazils,Buenos Ayres,' I and F. Islands Lisbon, Vigo, and Oporto Feb. —, M unthiunp. Fib. 11 Malta, Egypt, and Adam, via Southampton Feb. 11, M outhamap. Feb. 9 Ditto, via Marseilles Mexico and Havana Newfoundland United states and British N America (by British packet) Feb. 11, I? iverpool..,Feb. 1 Ditto (by U. S. packet) !Vest Coast of Africa, Ma- dcira, and Teneritfe West India, California, Vene-,Feb. 23 B IlAyerpool.. Feb. 10 zuela, Chili, Peru, Grey town, New Granada, &a. ,Feb. 17, M Sontisamp. Feb. 1 9 -- [ADvEnTisßmiciT.]—Mothers and nurses will find De Barry's delicious Revalenta Arabica Food admirably adapted to remove all disorders of the stomach and bowels to which infants and children are at all times liable, such al indigestion, flatulency, colic, dysentery, diarrhoea, consti• pation, debility and restlessness. It strength ens , nag' rashes, and is used with more advantage than milk itt rearing infants. Wo quote a few out of many testirao" nials :—" Amsterdam, 31st Dec., 1852.—Dear Sir, —Our child, up to the age of eleven weeks, was very delicate, and wasting away, and milk, sago, and arrowroot turned edit; on its stomach, causing great suffering. We then fed it upon Du Barry's Revalenta Arabica, which agreed won' derfully with her; and she i s now , at the age of nil months, a plump and lively little girl.—Daniel Servo. Wildervank, Holland, 20th Sept. 1853.—Dear Sir, —our baby, which Heaven presented us with ten months back; was attacked, when four weeks old, with a disease of th• stomach and glands, by which our seven previous infante had all been carried off, an d thi s l ast c hild seeme d destineo to follow its sisters and brothers before many days, for our doctor, a very able practitioner had during three weal" exhausted all his skill, and was' at a:loss what to pr escrib• next, when he advised Du Barry's Revalenta A rabies. which, I am happy to say, worked a great change for the better in a few days ; and in six weeks time the child wool perfectly well, and is now a cheerful blooming boy-1 source of the greatest happiness to us all.—L. H. Vaalinan• En tins, at Is. 6d.; 11b., 3s. ; 21b., Ss. 9d.; 51b., 125.; 12.1 b.• 265. Tho 101 b. and 121 b. tins earriage free, on receipt of post Alice order. Du Barry and Co., 77, Regeat-street, Londe * Fortnum, Mason, and Co., 182, Piccadilly; Al,bia, 6 0 / Gracechureh-street 4, Choapside; 63, awl 160 Oxford . street; 330 and 451, Strand ; 40 and 60, Bishopsgeto" street ; 85, Tottenhant-court-road. Also at Dublist: Bewley 'and Draper ; at Edinburgh, Raimee and Co./ at Liverpool, Nixon and Thew ; at Manchester, Sharp as` Scott; at York, Itaimes, Blanchard, and Co.; at gouty' ampton, kendall and Son. BIRTHS. A.STLEY.—On the 4th inst., at 44, Albion-street, 11, 11 ° . park, the wife of the Rev. Charles I'. Astley, of a sou. CLENcn.—On the sth inst., at Balham-hill, Mrs. Edmun d Clench, of a son. HorKm.—On the sth inst., at Hampstead, Mrs. Mani °, Hopkins, of a son. PROWER.—On the 3d inst., at Dover ' the wife of Disi c ' t l'rower, of Purton House, Wilts, of a daughter. MARRIAGES. BRAND—WILsox.—On the Ist inst., at St. James's, Fla cadilly, James Brand, Esq., New York, to Miss Jul"- Marianne Wilson, Regent-street. SAINTON—DOLBT.—On the 4th inst., at the French -M t : bassador's Chapel, and afterwards at St. George's, 11 0 : over-square, Prosper Sainton, Esq., of 6, Davies•etros'y Berkeley-square, to Charlotte Helen. Dolby, of 2, Ilinde street, Manchester- square. DEATHS. CLARKII.—On the Gth inst., at 4, Henthcote-street, Wel° lenburg-square, John Clarke, Esq., aged Si. lanitrs.—At Botesdalo, Suffolk, Robert Horner Esq., aged 67. JARVIS.—At Southampton-stroot, Camberwell, J. Ja lllll Esq., aged 75. LLIGH.—On the sth inst., at 37, Portman-square, th Dowager Lady Leigh. Loun.—On the 3d inst., at Park Village East, 111 r. Jobs Lord, aged Si. #l3B/ Ouroun.—On the 4th inst., at 7, Halkin-street - NN grave-square, Mary, Countess Dowager of Orford. RADCLIPFE.—On the 2d inst., at Penge, SurreY, II Clifford Radclyffe, incumbent of St. Luke's, King' l " e ' oN and of 36, Upper Bedford-place. °lll TAPLIN.—On the 3d hist , at Kidli ng t on , Oxen, 1. - 11° Taplin, Esq., aged 72. LONDON : Printed and Published by MURDO - l i e of No. 112, Strand, Priuters at The Sun Office, Strand, in the Preoinet of the Savoy, in the wow Bliddleeez, luesday, February 7, 1860. pm MI sin Plo wit do o'cl( Pf'Cil Clip: Ban Twin pmt miss Thiti clem with Nyl w. aPPT past Shil (1 1 ebi bow in n th n Fria and at V benu ter, man Mai M tLr_i and RAI Si Just aim stre nom