The Sun. — London, England, 1858-11-26 00:00:00

LA lV LVTELLIGENEE.—Nov.-24.- COURT OF PROBATE AND DIVORCE. Before the Judge Ordinary and a Common Jury.) MARCHMONT V. MARCHMONT. Mr. Serge-ant Pigott, Dr. Deane, Q.C., Spinks, Mr. Tindal Atkinson, were counsel for the petitioner, Mrs. Marchmont, who prays for a judicial separation on the ground of cruelty ; Mr. K. Ma caulay, Q.C., Dr. Phillimore, Q.C., and Dr. Swabey for the respondents, Mr. Marchmont, who pleads a denial of the allegations of cruelty, and also con donation. The examination of the respondent, Mr. March mont, was resumed by Mr. K. Macaulay, in the absence of Dr. Phillimore. Mr. Marchmont said—On the morning of the 22d of Jan. I went into the kitchen to ask Mrs. Marchmont to come to breakfast, and as she re fused I took it down to her. She came up to din-- ner, 'because I told her I would not partake of it unless she joined me and the children. She slept. with me that night, for I had threatened to leave the house unless she did I feigned to leave the house. I treated her with all the kindness and affection possible. On the 23d she said, " I sup pose after all this you would like to see the Queen at the Opera ?-" Isr id , " I would not give a penny to see the Queen."' She went to town, and bought 12 guineas wortk of tickets. I asked if they were given as a pea ie offering, and said, " What a pity it is that it should be necessary to make peace." She said, 'S Then why don't you let me have my own way and humour me ?" 1 brought home a dog on the evening of the 28th. She said angrily, " What igreat beast have you got there ?" I said, "my .;:tear, you know the shape of the animal. I call. it a d o e I told her it was bought to replace poor Nep, and was to be kept in the stable. She said, . ".Well, take it round to the stable at once." I said I had walked a great distance, and was too tired, but would send it round in the mornings She was under the influence of wine, and spoke in the most irritating manner. She took hold of its collar to turn it out, saying she had dogs . enough already; she had already four of them to maintain. The children and the housemaid were present. I said, "I will not eat another meal at your eXpense as you have called me a dog." The dog remaine d in the house - that night. . I slept on the sofa. The next day I refused to eat in the house and again slept on the sofa, On the third day, which was a Sunday; I only took a little brea d and water at her. table. On the Monday I attempted a reconciliation. She Laid she had been to her lawyer and intended to :have a separation. I had not spoken an angry word about a dog, but the alienation between us arose entirely out of that transaction. I deny that I offered any threat of personal violence. On the Monday I joined her and the children at breakfast, and. asked her to make it up, and attempted to kiss her. She pushed me away and said, "Go and kiss those you have spent the last three or four days with." I said " I prefer kissing you." She said " You need not think to get over me with your in fernal flummery, .. I will see your neck stretched first" There was not the slightest foundation for the suspicion that I had spent that time with im proper women. This was on the Ist of February. 1 took the dog to her, and with a good-humoured re mark put his paws on her shoulder and kissed her. She said "Poor thing, he loves me better than his :master. I would rather kiss him than you." I again entreatedherto come upstairs out of the kitchen,but she refused. There was no quarrel. I did not say "I would not mind swinging for you," or any -words to that effect, when she called me and the children dogs. I did say, " Caroline, you want a blackguard to talk to you ; a man who would as I heard a costermonger say to his wife to day, ' I don't mind swinging for you." On the Ist of Feb. I asked her to go out in the carriage. She said, " I will never ride with you again." I said, smiling, " If you still refuse, when the carriage comes I will Pick up yourlittle figure in my arms and carry you to it." She said, " Indeed you have carried me about enough." I said, " Well, now you may take care of yourself. You have resisted all my importu nities for a reconciliation, therefore I don't intend to give myself any more care about it." I did not force her into a chair on that day. I was reading when I made the last remark. Soon afterwards I saw her running down the front garden without bonnet or shawl. She went to a neighbour's, and then to Mrs. Walmisley's. I had been absent from the house several hours during each of the preceding four or five days. I did not know where she was until the 25th Feb. Her absence was the cause of great distress to me, and I was very anxious for her return. The first letter I wrote to her I sent through - Mrs. Watson ; the second I did not send, but gave to her on her return. I went to Blackheath in con- ' sequence of what Tobin told me. I went with a fly to Mrs Walmisley's, and sent in a note to her. I - waited 20 minutes for an answer and then went into the house. I went to the dining-room door and saw Mr. and Mrs. Walmisley and my wife. I said, " Carrie, dear, I've come to fetch you home, and you must go with me." Mr. Walmisley said, " Mr. Marchmont, leave my house instantly." I said, "I have no intention of remaining after I have taken away my wife." My wife came to me and I put my arm round her waist and led her into a cab. Mr. Wahnisley said," Remember that I don't detain your - wife. Mrs. Marchmont is here of her own accord." That was all he said till I got outside the door. I said to him, " You have ordered me out of your house, and I must now request that you never cross my threshold." I led my wife to the cab by her right arm. When I was outside Mr. Walm isley used several very insulting expressions, to which I did not reply. I certainly did not strike my wife, and she said that I had done so. After putting her into the cab I said in reply to Mr. Walmisley's ob servations, No man but a villain would harbour another man's wife for nearly a month without knowing any cause for her leaving home, and then insult her husband." ' I solemnly swear I did not put my hand to my nose. I said to my wife as we drove off that I was surprised at her suffering that mean fellow to insult me. She vindicated Mr. Walmisley, and we both became very angry. She called me a confounded blackguard, a liar, and a d—d cut-throat. She screamed very violently. When we had gone about three miles she at tempted to g et out of the fly. Her anger was exclusively aout Mr. Walmisley's conduct. In the course of the ride, in my anger, I called her a av—. I said, " I have heard in your ab sence of going on that have almost broken my heart. I . have received an anonymous letter, charging you with having been found under a desk with your lawyer, and since that existence has been intolerable to me." She exclaimed, scream ing, " Oh, my God! my God ! Do you call me a - w— you —liar ?" I said, " Then deny the charge." She made no answer, and I said, "At what conclusion can I arrive then but that you are a w ?" She rose and said, " I will be d if I go home with you, " and opened the cab door. I put my arm round her waist and endeavoured to fasten the door. A gentleman then came up and stopped the cab. I neither used personal violence to her nor threatened her with violence. At the station I said--" You have brought me here, now make your charge." She called me a brute, a wretch, a villain, a blackguard, and a liar. I made a state ment to the sergeant. She accused me of having tried to strangle her. I denied the charge. The sergeant looked, and said he saw no marks. I said my hand might have got before her mouth by accident. We went home in another cab. I had offered to take her anywhere she pleased where I could have access to her. We were on perfectly good terms when we left the station. I apologised to her that evening for the expression I used, and told her that I had been excited by anonymous letters. Nothing unpleasant happened until the 27th, when I went with her to Prescott's and received the balance of the money there. It was her own proposal. I wrote the paper which has been read while we were waiting to see Mr. Prescott. I was going to tear it up, but she said she would like to keep it. I told her it was so foolish—l should be ashamed for any one else to see it. At breakfast time in the morning.l had said that one of her trustees had asked me why I threatened her life, and I asked na her for an ex planation a - of the charge. I requested her to w r it e she would not write the imputation. She said eard make herself out a liar, but [might writ e if .pleased. She said at that time, " I have no doubt while I was away you had a nice time of it with your nasty w s was before going to Prescott's . On the 18th. This Mare March I had occasion to ask about th e charac tero aofln a coach man. She would not allow m e to g let her ,mo. After dinner I w en t to the printer's. ien so ter's. She wished to go with me, because she said she be lieved I was going to see a woman from whoma s from one a letter on th e 14th. Th e letter was one I had never seen, and I showed it to her. She went with me to the railway to see that I was really going where I stated. When I got home, about 11, she refused to speak to me. The next morning she said that if I went raking about the streets again she would leave me altogeth er. I said; " You can not be in earnest. But when you were away before your trustees threatened to turn me out of the house. I will not be subject to be turned into the streets at any hour, and therefore I wish you to make me tenant of this house." She said, " Don't you wish fi" you may get it ! I will see you at the ra. said Iwas willing to pay the rent. She said, 1 daresay ysu will want me to give you the cheque for it." I did not threaten to knock her down, nor did I hold my fist in her . face. I said, " One of us must take another house, or we must take one to gether." She said, " You may take one, but if you; do I shall not go with you ; I have the power now, 01 -1-shall-k.eep-ie-She rang-the-bell; and - the - gel...fag came. She stood at the window gesticulating and vociferating. Tobin said, " Oh, Ma'am, how you are exposing yourself!" and tried to pull down the blind. She dared the servant to do it. I took her by the hand and placed her in a chair close to her without violence. We dined together, and I went out on business. Contrary to my usual custom I went, away without kissing my wife and children. When I returned I found she was gone. I heard from her twice, and wrote three times. She said in her letter that she left me because I showed more affection for the children than for her, and I wanted to get possession of her money and her houses. I wrote to her entreating her to return. This letter was read and enclosed in it was the following advertisement which Mr. Marchmont said he had taken to the Times office, hoping that it would be inserted on the following day when he found that she had left her home : u Rose dearest, with a broken heart your drooping flower en treate you to return. Come back, I beseech you, without one hour's delay. I shall not breathe your flight to a living being until I hear from you. Oh Rose, you are more fondly loved than heart can tell by T—p. Forgive. Do not act rashly. We can be happy." Examination continued—On the 26th February-, on our way home, there had heen a reference made to her will. She said she should leave her property td thoSe with whom she had been staying. I said she was at liberty to leave it to whom she pleased. On the morning of the 26th. Marcii i adverted to that conversation, and said that I could net but think her will an unjust one. " I have," I added, given up much to marry you ; at least £7OO a-year, viz., £3OO from the chapel and at least £4OO from my pe n also. In the event of your death Mr. Walmisley will have £30,000, and I shall only get £lO,OOO, which will leave me in comparative po verty. My proposition is this—Destroy the exist ing will, and make no other for six months. If you die.without a will I don't take one penny. At the end of six months, when you have had an oppor tunity of making a fair judgment, make what you think a just will." She said, " I will not de stroy the existing will, but I will make another at the end of six months." On the 27th of March I went to Mrs. Mackenzie's. I found out where she was by following the messenger who took my letter from the post-office. I did not say . when I went in, " Money I want and money I'll have.". When she saw me she ran up and down. the room wringing her hands. I sat down and did not move for an hour. Then she allowed me to approach her, and I soothed her. I went into the city to transact some business, and then returned to Mrs. Mackenzie's and drove home with her. We were on amicable terms. On the 29th we went to my father's. We made some purchases at a sale, and when I went to settle with the auctioneer she told me she would reimburse me. There were two or three unpleasant scenes at Shandley. I went away for a short time one day, and found when I came back that she was ixtoxicated. She said the children were the plague of her life, and she would send them to school. On the 6 th April she left the house before I got downstairs in the morning. I had spoken about her will. I said, " I think •you have made a mistake as to the disposition of your property. You have left more than you suppose to the residuary legatees. You have given £30,000 to Mr. Walmisley." She said, ." It is a lia!" •Isaid f "That only , makes matters worse. The residuary legatees will have at least £B,OOO or £9,000." She said, " What business have you to say anything about it ? You are only fishing to find out what it contains. I dare say you would like to know I had left you a large amount, and then you would murder me." She afterwards asked me to come down to breakfast, but I said, " You have taken away all my appetite. You treat me more like a dog than a husband." She again went on that day to Mrs. Mackenzie and took lodgings in • Quebec-street. I found her out. She said when I went for her, " There is no hiding from 'the devil." I said, " I have come to take you home, and I will not wait." I did not use any foul language to her when in the cab, nor did I ask for £25,000. She said, "If you had waited a day longer you' would have had a letter from a lawyer proposing a separation." I said, " Separation again ! I hope this time it will be on more equitable terms." She said, " I don't think we shall differ about the terms." " Nor I," I replied, " your temper has become intolerable ; but as it has be come a mere question of money, .and you have £50,000, I think lam entitled to £20,000. You promised to build me a church at a cost of £6,000. I should probably have derived £6OO a-year from that source. By your conduct you have rendered it impossible that I can enter the pulpit again, and Tou have. thus cut off one important source of my income, and I think £20,000 will be a fair compen sation." She said, "Do you think I am fool enough to give you £20,000 to enable you to live with some other woman ?" The next day we again discussed the question of separation. I said, "To-day it shall be a question of free will on your part, and you shall make the terms yourself." We were getting on comfortably then, and I asked her if it was necessary to keep Mrs. Mackenzie. She said she did not want her, gave her a cheque for £5, and sent her away. About the end of April the chil dren went to school. We Went to another sale at Shandley, and my wife paid for what was bought without solicitation. On the - 30th of April I asked her to lend or give me £lOO, and she let me have it. With that exception I never asked her for a sum of money larger than 16s. On the sth May Lewis brought me a letter which my wife re quired to see. I refused, as she had refused to let me see a letter which she had received in the morn- ing. She became angry, and said, " I know it is from one of your w ." I afterwards gave her the letter unopened. It was from a lady connected with my congregation, asking me to allow her to refer to me. I offered to let her answer it, and I.wrote a short note, which she. dictated. On the 15th May I asked her to lend me 14s. for half an hour. She said, " Pll see your neck stretched first. Always Money ! You are a mean-spirited fellow, or you would not have married me for my money." She also said I was the greatest liar she ever knew, and she would not believe me on my oath. I said, " As you treat me in this insolent way I will exer cise my authority as a husband, and have it." She then charged me with spending my money on other women. The bell was rung. and the servants came up. She was standing close to the window, and I took her by the hands, placed her gently on the sofa, and kissed her. She took outlier purse and dashed it violently on the table. I ultimately gave her back the money. On the same day we went out in the carriage. While I was in the money order office she left the carriage. I looked for her and found her . at the door of Stringer and Bird's, in Newgate-StreCt. , I.followed her. As she backed into the shop she said, " Now, don't be in a pas sion." - I. said, am not in a passion—get into the carriage and go home." She said she would never go home again. I argued with her, and after staying there about three-quarters of an hour I thought it necessary to explain our conduct to Mr. Bird. She said, " You villain, you accuse me of living with another man ." I said I had made no insinuation against her, but only said, in the ordi nary sense of the words, that she had. been living under another.person's protection. We ultimately left •the shop together. She had previously called in a policeman and charged me with an assault, but he refused to take the charge. She afterwards went to her sister's. One of the chil- dren became ill, and I was anxious about it. I then sent to her and she returned. On the 25th and the 26th we slept together. Her demeanour was cold and indifferent, but no actual _ quarrel took place. OA the - morning of the 27th she 'said she would leave me again. I said, " Then give me the keys." When I alluded to her conduct during the two pre vious nights she again imputed to me that I might have had intercourse with other women. I said I must learn, I supposed, to subdue my passions, and remarked figuratively that I must draw a razor acrose, my throat." She said, " Don't think of doing that." I observed that if, as Hobbes thought, there would be a great relief in letting out a few ounces of blood, and if there was no hereafter, how glad I. slunild be to do it. Tobin came up, and she repeated the charge she had before made. I then explained the cause of the quarrel. I offered to tell her how all my money had been spent, and showed her all my cancelled cheques. On the a of June we drove to see the children at their school at Blackheath. On the way she said she wished to go'to her sister's. I offered her the carriage, but she'said . she would rather walk, 'and we could call for her. I said I could not go there. She said if she came back at all, then, it should be by the train. I said, "Now I see what you mean, and you shall not go from me," and I assisted her into the car riage. She tried , to get out and screamed. We then went to the school and saw the children. On the 3d. June I went to Homerton. , Before going I said, " I see you want to leave me. I am compelled to go out, and I must leave it to your honour not to go away during my absence." When I returned she, asked me where l had been, and I gave her all the particulars. She said she had been to Oxford- street to birs ,--- a bonnet. - 6; - iii7 ;;;;iii;;;Filie 4th of Ju ne I as k e d h er w h et h er s h e had been to a lawyer. Sh e gave no answer. I repeated the ques tion, and she said she would N .d vould not tell me. After would some fi altercation.nd out. sho a r t iarogs if hth s e he he d l i l d , a n n o d t th th ll e m s e e rl rants came. I said I would leave or did not inform me whether she had been gnotdt elansayidn,a,nlYeosu. the . house. 'She called me r a I was . very much excited, great will drive me into an asylum, or into . a grave. Not that I mind death to a niiSerable existence like this ? I declar i e s l would rather exchange places with the poorest pauper in a workhouse than be thus insulted an d efied by THE SUN, LONDON, FRIDAY EVENING, NOVEMBER 26, 1858. my own wife. - If you had 99 men out of 100 to Anal with they would knock you down." I regret to say that in leaving the room I called her an aggravat ing and a little beast. About half-an-hour afterwards I heard her say to the servants, " The secret of all this is that he has some wOman." I went to the door of the room where they were talk ing, and said, "If you talk like that about me in my absence you deserve to have your tongue pulled out." She then left the house. I saw her in the next garden and followed her. She tried to go into the next house, but the door was shut. I told her from my own garden to come in. She an back screaming. I walked deliberately into the next gar den and took her by the hand and asked her to come home. She said, " I'll see you first." " Then," I said, " I shall be under the painful ne cessity of carrying you," and I carefully lifted her up and put her over the wall into the arms of the housemaid. She ran away - again, and was stopped by the painter and Mr. Mansfield, and I took her into the house. She behaved extravagantly, went to the window gesticulating, and screamed " Mur der !" She said, " You know you murdered your poor mother, and you want to murder me." I did not threaten to throw the scissors at her. A letter was brought to me, and she said it was from one of my w—s. Tobin said, " Don't talk so, marm ; you give me the palpitations." She said, "D— you." I poured out some wine, and offered it to her. She said, "D—your wine ; I hope it will choke you all." Sir C. Cresswell—That is an impartial 'benedic tion. (Laughter.) Witness—That night she complained of illness. I personally atttended upon her and administered remedies. We' occupied the same bed; and Lewis slept in the adjoining room. • The following day she took her breakfast from my hands. She would not take food. I. asked her when she was first taken ill, and afterwards, whether she would have a doctor, but she said she did not want one. I also offered to send for her sister or for a nurse, but she said I need not. When I gave her some wine she said she would drink part if I would drink part, and I did so. I told her I thought her ill ness was caused by apain in her temper. I went out for a short time in the evening, and she abused the servants for not telling her. That night we slept to gether. I offered to send for any one whom she might like to see. On the Sunday night I slept in an adjoining room, On the Monday morning she said that my having left her bed proved that I was tired of her. I denied it, and explained my reason for sleeping in another room. On that day I offered to submit all our differences to her trustees, and be bound by their decision. She said she did. not want them. I asked her if she would have Dr. Mitchell. She said "No," he was such a gossip that she should prefer Dr. Bird. I said I would sendfor him, but I put it off till the next morning, as it was late and he lived at a distance. Mr. Mitchell came the next day. When Mrs. Davis came to see her sister she accused me of having married for money. On that and the following days my wife also accused me of having married her for money. I had no notice be fore being taken before the magistrate. Mr. Mitchell offered that 'Mrs. Marchmont should stay at his house for the night, but I did not understand that the arrangement was intended tohe permanent. Cross-examined by Mr. Sergeant Pigott—She was not. reluctant, but eager, for the marriage. I wished her to sign an engagement to marry. I neither drew nor offered to draw her settlement. This is my handwriting. (A paper dated the 10th of. July, 1857, was read, signed by the respondent, and addressed to the petitioner, in which he took the most solemn oaths not to interfere in any way with any of her property in the event of her, be comin his wife.) She had asked me to set down what I,was willing to agree to, in order that she might give instructions for the settlement. I cannot remember whether I tore up that paper or not. r knew that a settlement must be by deed, and I told her so; I decline to answer the question whether Mrs, Marchmont behavedunkindly to my children. She did not always behave kindly to them. She was mean and ill-tempered to me. I wrote to her in June that she had been the best of wives to me, and I had been the worst of husbands to her. (The letter containing this expression, dated the 17th of June, was read. It was in the same strain as those already, read, described the intense misery he was suffering, and entreated " his dear little wife's" pardon, and assured her that his heart burnt with the purest flame of intense love.) I formerly belonged to the London Congregational Board of Ministers. I was expelled from that body in 1850. It was not -on the ground that I attempted to seduce another man's wife, but on the ground that I had written two letters which were disapproved to a married woman. I did not propose an ass_ig nation in those letters. I was not charged by Mr. Stiff, of Sydenham, with attempting to seduce his wife. We had no quarrel when my wife accused me of cheatnig her when her change was a shilling wrong. The first time I noticed that she took too much sherry was on the 17th of .November. She generally drank sherry and water. I do not accuse her of actual intoxication. I wrote the letters which have been read for the purpose of conciliation and of avoiding the appalling exposure which has come upon me. I was willing to lick the dust for that purpose. I persist in the account I have given about her refusal to let me have eight postage stamps. I don't remember taking money from her box or any other place 'at Tunbridge-wells. In May last, during her absence, I took .£5 6s. out of her wedding purse, but I told her of it when she returned. I never spent a penny of it. I don't remember a syllable of the contents of my letters, such' was the intense excitement arid sorrow under which they were written. I solemnly declare I did not eat a crumb or have a wink of sleep for a week. The only occasion on which I ever used the word d— to my wife was on the 4th of June, when I called for ad— aggravating b--. I brought my wife out of Mr. Walmisley's house forcibly, but not with violence. Sir C. Cresswell—Did you bring her out by the application of. your strength against her will Witness—l did. She .did not make resistance. I do not know whether I took her out anainst will or not. I infer that she did object to go with •me. She was without bonnet or shawl. In the cab I did not hold her down. I sat by her side, and put my arm round her waist. • Mr. Sergeant Pigott—Why did you put your arm round her waist ? Witness—Because I 'was very fond of her. (Laughter.) She screamed on account of what I said about the Walmisleys. She told me on the road that she had been anxiously watching for me day after day. She screamed the words " Con founded blackguard" mid other epithets. My in formation as to the contents of the will was derived partly from my wife herself, partly from rumour and common conversation, and • partly from an an onymous letter. had no ungenerous motive in referring to it. With regard to various ether matters upon which he was ,questioned, the witness adhered to the statements he had made in his ex , - amination in chief. • _ _ Before the conclusion of the cross•examination the Court adjourned. The trial of the cause will be resumed on Satur day, as to-day the learned judge will have to be present at the sitting of the full court. CENTRAL CRIMINAL COURT.—Nov. 25 , OLD COURT. (Before Mr. Baron Bramwell.) Lewis Lewis, 38, &apex, was indicted for felo niously omitting to surrender himself after being declared a bankrupt, and also for removing and concealing his books. Mr. Sergeant Ballantine, Mr. Metcalfe, and Mr. F. H. Lewis prosecuted ; and Mr. Giffard defended. It appeared from the statement of the learned sergeant and the evidence of the witnesses, that te prisoner had up to May, 1857, carried on business in Exmouth-street, Clerkenwell, and about that time, being unable to meet his engagements, Mr. Charles John Leaf, of the firm of Leaf, Son, and Co., to whom he owed £1,200, had an interview with the prisoner in consequence of his having re fused to allow an accountant to inspect his accounts. This interview took place on the 6th of May, 1857, and prisoner was then in bed from illness, brought on from excitement about the state of his affair:. He then made an appointment with Mr. Leaf, to meet him the next day at their premises in the city, when others of prisoner's creditors would be there to come to some arrangement with him. He did not attend, and upon the Bth of May the messenger from the Court of Bankruptcy was put in possession. Prisoner, upon being asked about his books, said he had put them' into the hands of Messrs. Lewis, the solicitors, but this proved to be untrue; The prisoner staid in the house after the messenger had entered until about half-past four the next morning, when he left, and was not heard of until he was in New York, Pro ceedings in bankruptcy were then instituted, and the usual forms gone Through, and upon the 18th of May he was adjudicated a bankrupt by Mr. Commissioner Fane. Upon an investigation being made, which in the absence of books, was a most difficult matter, it was found that he had gone round to all his creditors and obtained from them bills and money to a large amount, with which he ab sconded to New :York. From one person he so obtained a debt of £5OO ; from another £335 ; to one of his creditors he gave a receipt in full for £2OO upon receiving four £25 bills. These bills it was found out were being paid as they became due to Mrs. Lewis, and sent to New York ; whe reupon the creditors sent Huggett, the city detective, to New , York in November last. Huggett thena found that I he was living there under the name of Richard -NI ~.~ Harvey, and took him in . elttody e at the New York post-office, just as he was receiving a letter from England, addressed Richard Harvey, post-Office, New York, to be left -until called for. With the assistance of the sheriff of New York Huggett ob tained from the prisoner £377, £l5O of which was halves of the Bank of England notes. Upon being asked abOut his books, he said he left them with a Mr. White, an accountant of. Whitecross-street. Huggett not having the power to bring the pri soner home then returned, and upon inquiry no such person as White an accountant could be found. The prisoner was not again heard of until Septem ber, when he was taken into custody in London, he having returned to this country under as opinion that after giving up the money in New York, and having obtained from a Mr. Edwards, a counsellor of New York, a release from his creditors, he would be free. Mr. Giffard at some length argued that the pro secution had failed to prove that the notice for the bankrupt to surrender had been sufficiently served upon him to meet the provisions of the law under which the indictment was framed. His Lordship decided that it was enough for the prosecution to show, as they had, that the notice of bankruptcy had been posted upon-the prisoner's shop and the summons left there. Mr. Giffard having briefly addressed the jury, they returned a verdict otguilty. Mr. Giffard, in mitigation of punishinent, urged that the prisoner had given up the money in New York, and returned to this country under the im pression that he would be free. His Lordship said the Court had nothing to do with that, no doubt they made any promise to get the money back. The prisoner said that be gave up every farthing and came home to surrender, not knowing how far he was wrong. His Lordship, in passing sentence, said that there co uld be no doubt but that the prisoner knew he was acting wrong, and did not give back the money from any decent feeling, but to obtain good terms from his creditors. He saw nothing to cause him to take a favourable view of prisoner's conduct. The prisoner would not be punished for the sake of the creditors but as an example to deter others. He was then sentenced to six years' penal servi tude. Lewis Zucker, 35, jeweller, was indicted for mak ing false entries in his books, and unlawfully giving false evidence before a commissioner of bankruptcy.. Mr. Bodkin and Mr. Poland prosecuted, and Mr. Sergeant Ballantine, Mr. Giffard, and Mr. F. H. Lewis defended. _ _ The facts of this case, although occupying the Court some time, lay in a very narrow compass. The prisoner had been since 1855 in a small way of business as a jeweller, in Oxford-street, In April of the prese n t year he suddenly appeared to be doing a very extensive trade, his credit with those who supplied him amounting in that anc the two following months to nearly as much as in the three preceding years. In July last he stated that while id his shop some one had come in and stolen his cash-box, and that it contained a large sum, he having, in addition to the amount he usually kept in it, taken £l3O out of the Union Bank. He called a meeting of his creditors, and offered a com position of 10s. in the pound, which was refused, and the prisoner was made a bankrupt. When before the Commissioner he was examined about the transaction of the robbery, in which he per sisted, and produced his book, which contained entries of sale, day by day, dating from 1855, but there were no. names of the parties to whom goods had been sold. He swore most positively that the entries had been made from day to day, and that the book had beenin his possession from 1855 down to July, when the robbery took place. Some of the entries bearing evidence of erasures and altera tions,the book was more closely examined, When it was found that the paper of which the book was made had itself only come from the manufac turers last year, and was sold in August, 1857, by Messrs. Shaw and Sons, of Fetter-lane, a circum stance which was 'proved beyond all doubt. The jury found the prisoner guilty. The Court sentenced him to six years' penal servitude. NEW COURT. (Before Mr. justice Hill.) THE CHARGE OF COUTERFEITING TURKISH Aime Antoine Hugon, 26, described as a traveller, Hugon Reverde, 46, described as a merchant, who surrendered to take his trial, were jointly indicted, with Henry de Boisserolle, who is not in custody, fax the offence of misdemeanor, in having unlaw fully attempted to make coins, not circulating in this country, but resembling, and which were in tended to resemble a coin called a piastre, current in the dominions of a foreign prince —the Sultan:of Turkey . The jury returned a verdict of guilty against both prisoners. Sergeant Parry said he was instructed to recom mend the younger prisoner to the merciful con sideration of the court, on the ground that it was believed he had been endeavouring to support him self honestly down to the period of these trans actions, and that it was owing to his father having pressed. him to do so that he engaged in the proceeding. Mr. Justice Hill, in passing sentence, said that the, prisoners had been convicted of a very grave offence against the laws of this country, and it was very necessary that [foreigners who came to this country should be taught that they were bound to respect its laws. With regard to the older pri soner, there could be no doubt that he knew per fectly well that he was acting illegally, and that he expected, as he said in one of the letters that had been read, that the result would be that he should make a speedy fortune, and he should therefore feel it his duty to pass a . severe sentence upon him. As to the other prisoner, he believed that he had been drawn into the matter by his father, but still there was no doubt that he was perfectly , well aware that he was doing what was illegal, and he must take the consequence. He then sentenced Aime to be iniprisoned for six and Reverde for twelve months. At the rising of the court, William Lemon Oliver, the stockbroker, was placed at the bar before Mr. Baron Bramwell to receive sentence. When the prisoner was asked whether he had anything to urge why judgment should not be passed upon him, he replied, " I have nothing to say." The learned Judge, addressing him, said that he had pleaded :guilty to three indictments—one charging him with forgery, and two others with misappropriating securities and.property that had been entrusted to him by their„owners. It was really one of the worst possible cases, and after having carefully read over the depositions,. and given the matter his most careful consideration, he felt it to be his duty to order him to be kept in penal servitude for 20 years. The prisoner bowed slightly, and without evinc ing the least emotion walked out of the dock. POLICE INTELLIGENCE.—Nav: 25. MANSION-HOUSE.—John Sullivan, aged 23, who has been in custody on a previous occasion and committed to prison for theft, was brought be fore Sir R. W. Carden charged with stealing a coat, of the value of £3, from the shop of Mr. Uttley, a tailor, in Bow-lane.. J. C. Knight, constable 437, said that on the pre. vions evening—ho sa - vt• the prisoner and another man, not in custody, looking into different ware houses in Milk-street. Suspecting them from their movements to be thieves he followed them through several streets, and eventually noticed the prisoner enter the shop of the prosecutor and leave it with something under his coat. Witness thereupon seized him, and found the prosecutor's coat, now produced, concealed under his own coat. The prosecutor identified the coat, which he said was worth £3, as his property. He saw it safe in his shop, the door of which was closed, a short time previous to the Officer taking the prisoner into custody. The gaoler said that the prisoner was in custody at this court about a twelvemonth ago, on a charge of stealing fish, when he was sentenced to six weeks' imprisonment with hard labour. Prisoner—Yes ; that is quite right. I have only been in prison once before this. Knight—He has refused to give me any address. Sir It. W. Carden—Where do you live ? Prisoner—l don't live anywhere. Sir R. W. Carden—Where do you sleep ? Prisoner—l don't sleep in any house. I lie in the streets, or in any hole and:corner I chance to find. lam guilty of stealing the coat. • Sir R. IV. Carden—As you plead guilty to the offence you will be remanded till to-morrow, and brought up in petty sessions, and in the meantime the police will make every inquiry respecting you. Remanded accordingly: Thomal Tracey and John Cotter, , the former a labourer the latter a cobbler, were charged with stealing a piece of bacon; value ls., from the shop window of Mr. B:Murky, cheesemonger, of 109, Bishopsgate-strect Without. H. Hawsbees, the prosecutor's shopman, said, that on the previous . evening he saw the prisoners, whom he had lately `notited loiteringabout the shop window a good 'deal; looking at some pieces of cheese, when one of them stole the bacon pro- duced, and handed it to the'other. He then seized them and gave them into custody. The gaoler said that Tracey had been committed from this court to Holloway Gaol for 21 days for assault a few weeks ago. - The 'officer said 0 4 4 he feund 6s. id. upon Cotter. Sir R. W. Carden—Where did you get the 6s. ld. from ? Cotter—lt is the result of my hard earnings. I am a cobbler by trade. Sir R. W. Carden--No doubt that is the resulfof some other robbery. I shall commit you both to prison for a month, with hard labour, and the 6s. ld. will go towards your maintenance during your confinement. BOW-STREET.—A good-looking Young woman, named Elizabeth Burgess, Was brought up on re mand, charged with attempting to commit suicide. On the night of the 10th inst. a policeman (F 120) found the prisoner sitting on a door-step in a state of stupefaction. He took her to the hospital, where an emetic was administered, and she vomited a quantity of laudanum. She said she had taken threepennyworth, and a small vial containing another penny worth was found upon her. She told the constable that it was of no use trying to save her, as she would do it some time or other. She had done it from distress of mind, from being " unfortunate, and her mother would have nothing to do with her for fear she should contaminate the other children." On inquiry it was found that she had been only a few days before discharged from the Marylebone police-court, after having been re manded on a similar charge. An attempt had been made to obtain her admission into the Institution for Female Penitents at Pentonville, but without success ; and on application to her mother, the latter refused to receive her at home for the reason above stated. It was now stated that in the interval since her remand on the present occasion the chaplain at the House of Detention had interested himself on her behalf, and it was expected that she would now be admitted to the Penitentiary, if sent there by the magistrate, in charge of one of the female warders from the House of Detention now in attendance. Mr. Hall accordingly desired her to be handed over to the care of the female warder and taken by her to the institution. THAMES.—Capt. John Webb, the master of the ship Commodore Perry, from Calcutta, now lying in the Victoria Dock, appeared for the second time before Mr. Selfe to answer a charge of assaulting Hassan Ali and other persons at sea. Lieutenant-Colonel R. Marsh Hughes; secretary of the Strangers' Home for Asiatic and Afri can Seamen, at Limehouse, attended to watch the case on behalf of the directors of that insti tution; Mr. Joseph Smith, solicitor, conducted the prosecution ; Mr. Gomm, from the office of Mr. C. Young, solicitor; defended Capt. Webb. The evidence of the serang (boatswain) who was disrated on the voyage, the .tindals (boatswain's mates), and six other Asiatic seamen, which was confirmed by a Prussian seaman named John Jacob, made out a very aggravated case of tyranny and cruelty against Capt. Webb and the chief mate, who had been in the practice, almost continually throughout the voyage from Calcutta to England, of beating and kicking the Lascars, and offending their religious prejudices by stuffing pork into their mouths, forcing the forbidden meat down their throats with a belaying-pin, beating some of them with pork, rubbing it on their faces, compelling them to carry pigs' entrails round their necks, and sending them aloft to grease the masts with pork fat. Many distinct assaults were sworn to have been committed on the Lascars by Capt. Webb and the chief mate. Several had been flogged with a rope's end ; and one Lascar had been " pricked up" with a bayonet to make him move about quickly. A Lascar, while pursued by the' captain, who had a piece of pork in his , hand, either fell or threw himself overboard and was drowned, and the cap tain refused to allow the crew to lower a boat, and made no attempt to save him. It was admitted, however, by several witnesses in cross-examination by Mr. Gomm, that Capt. Webb was in the after part of the ship when the Lascar fell overboard, or threw himself overboard, in the fore part of the vessel, but all agreed that the captain refused to allow the crew to lower a boat, and said' it was of no consequence. The chief mate had beaten a Lascar with a belaying-pin, and left marks on his forehead and back, which were still visible. The Lascars • had been further insulted by . beingi com pelled to clean out the pi g stye, and their hair was shortened and their beards cut by order of the capt. and chief mate. A Lascar was sent aloft to grease the masts with pigs' fat, and the captain had a gun in his hand at the time and made use of some threats. The man was so frightened that he fell from the mast on to the deck, and was killed. Mr. Gomm said the fall of the man from the mast was a pure accident. Mr. Selfe said he , believed it to be so, and the occurrence , was entered: in the official 100pok in a very straightforward. manner. . Mr. 'Gomm said the hair and bOardiiirgfitaiiiisears were shortened because 'they were dirty and full of vermin, and that the. Asiatics were fond of pork and ate it. Mr. Smith said every Lascar had sworn that it was contrary to their religion to eat pork or meddle with it, and that it was forced into their mouths and throats in a violent and insulting manner. Mr. Selfe said he should send the case for trial, but he would be satisfied with the personal recog nizances of the captain, and if he did not appear his absence would be considered a proof that he was guilty of all the charges brought against him. It was also arranged that the Lascars, 54 in number, who had abandoned the Commodore Perry on ac count of bad treatment, should be boarded in the Strangers' Home, Capt. . Webb agreeing to pay 6s. per week for each, and the magistrate promising to advance a few pounds more from the poor-box. LAMBETH.—Henry Rudledge, who was re manded on the serious charge of violating his daugh ter Kate, a girl of 15 years of age, living with her in a state of incest, and ultimately threatening to murder her and destroy himself, underwent further examination. Mr. Sleigh, the barrister, attended from the So ciety for the Protection of Young Females ; and Mr. Solomons attended to prosecute ; Mr. Wontner, as before, appeared in behalf of the accused. A respectably-dressed middle-aged woman, with a child in her arms was brought into court, and having admitted herself to be the prisoner's wife, she was accommodated with a scat in front of the bench. The girl Kate Rudledge was then called into the witness-box, and, having been sworn, the evidence she had given on the last - day was read over to her, and she declared it to be correct. She further, in reply to the questions of Mr. Sleigh and the Magistrate, said—lt was on the Friday after I came to my father's on the Saturday preceding that my father took liberties with me. It was in the morning early—about 5 o'clock. I was in the same room with my father, who on that night slept with my little brother, and his wife slept with me. Iwas awoke by my father coming to bed, and his wife held me in the bed. I screamed, and was going to get up, when he called out, " Whist !" struck me ith his open hand, and told me to be quiet. At that time his wife was, awake, and held me. Mr. Norton—How do you mean by holding you? Witness—She was holding me by the feet for about five minutes, and that time I was ox my back. At that time my ther was taking indecent liber ties with me. Mr. Norton—Do you mean to say he acted so to you at this the first time, while his wife, as yousay, held your feet, and against your will? Witness —Yes, Sir. • _ The witness further said, she struggled as hard as she could to prevent her father doing what he did, but he held her' down and prevented her screaming by placing his hand on her mouth. On each occurrence of his committing the offence she had used every effort to: prevent him ; but he threat ened that he would do for her if she ever said any. thing to anyone about it. Mr. Sleigh here applied for the removal of Mrs. Rudledge into the dock with her husband, on a charge of aiding and assisting her husband in the 'commission of rape on her- step-daughter. Mr. Wontner objected-to.this unless the charge was first made at the station-house in the usual form, and, he begged to warn the persons giving the charge of the consequences. Mrs. Rudledge was, however, taken to the station and given in charge by the aunt of the prosecutrix, and having been brought back again was placed by the side of her husband. In cross-examination by Wontner, the girl Rudledge said—My stepmother left her home about four months ago. I had: told my father something about her 'that made them quarrel: I told him she was in the habit of going downstairs three or four mornings a-week to a 'Man Whom she let into the house, and they .quarrelled after that. I k.n*w my father went to that man's house about it, and that man summoned my father before the magis trate at Woolwich, for abusing hill'. I appeared as a witness before the maoiStrate, who told me t hat I had perjured myself, and m y stepmother has not been back :since. The case before the magistrate was dismissed. Mr. WOntner—Now, respecting your father's Bible. I wish to ask you if you know where it is? Witness—No, sir, I dc) not. Mr. Wontner—Did yqu go to a priest at Wool wich on the morning you left ?. • Witness—We did not, but we. saw a priest, who' gave us the direction to go the lodging in the Lambeth-road. Mr. Wontner—Where did you see the. priest ? Witness—At St. Georges. We went there, and he gave us the direction to the landlady, and on going there we saw a bill in the window. In re-examination the witness said that when her father charged:her with, doing raoniethingindOcent to herself she denied it, and on her father repeating it she said that, not wishing to contradict him, she " kept it to herself," and declared she had never told. a falsehood on the subject. . Her stepmother after the first violence of her father towards her, said, " How very wrong this is for him to be doing so," and she (witness) replied that it was, and told her she had no business to hold her as she had, when she replied, "Oh, what matters?" This was a good while before she left. When the magistratetold her she had perjured herself she had spoken the truth. She had seen . her stepmother go with a man across to his own_ place, and that was after her father had gone out to work. She went down in her night dress, and stayed . half-an-hour with the man, and had done so about five times. Her father said his wife went to a 1,4 house, and then it was she had told him what* she had seen. The witness further said. .that before 'her stepmother went away she . used to ask her (witness) to go upstairs, and on her doing so her father used to take in decent liberties with her in his wife's pre sence, but on one occasion he turned her out of the room. Improper conduct between her father and herself had taken place six or seven times while her stepmother was in the room. Mrs. Mary Farrell, the aunt of the last witness, was next called, and in cross-examination by Mr. Wontner said " The girl lived with me in Ireland from a year old till she went to her father, she being then 14 years of age. I don't remember that I ever said that she had been guilty of any in decency towards herself. She knew as little of indecency as a child 10 years old, and I don't recollect ever taxing her with any 'such thing. I have not done so, nor have I ever told her father so." MT. Sleigh here applied fora remand, which was granted, but Mrs. Itudledge was admitted to bail. It was stated at the former examination that the prisoner was a clerk in the Arsenal, Woolwich Dockyard, but it appears he is only a labourer there. ALLEGED RAPE IN ESSEX. (From the Essex Herald.) On Saturday last, at the county, magistrates' office, before S. G. Cooke and W. It. Havens, Esqrs., George Cudmore, aged 33, carrier from West Mersea to Colchester, was charged with com mitting a rape upon Mary Ann Roofe, a single woman, aged 19, in the service of Mr. Henry John May, oyster merchant at West Mersea, on Tues day, the 16th November. Prosecutrix is the daugh ter of James Roofe, for 25 years a respectable offi cer of the Colchester borough police. For obvious reasons we omit certain details of the evidence adduced. Mr. J. H. Church appeared for the prosecution, and Mr. H. Jones defended the prisoner. Mr. Church, in opening the case, said that pro secutrix up to this occurrence had always been a very decent and well-behaved girl, and he did not suppose that there would be the slightest imputa tion cast upon her character. Mr. Church then called the prosecutrix, a rather good-looking young woman, aged 19, who came up with her parents, and whose evidence, taken the previous day, before W. R. Havens, Esq., was read over to her and signed. It was to the effect that on Tuesday morning, Nov. 16, the prisoner, George Cud more, a carrier from West Mersea to Colchester, called at Mr. May's, her master's house, as was his custom, about half-past eight, and said "Good morn ing, Mary ; is your master ashore ?" She replied he was not : and at this time she was busy in the little parlour taking dirt out of the fire-place. He then made use of expressions which led her to suppose he intended to take liberties with her, and she told him he should not. She went into the kitchen, where he followed her, took hold of both her wrists, drove her against the wall, and pulled up her clothes. She called out that her master was com ing, and he let her go. He again seized hold of her, and thrust her on to a chair, and she called out, "For God's sake, don't !" le said, " I will, be ----," and committed the offence, although she .strove against him with all her power, but could not prevent him ; she told him she would tell her master, and he said, " Don't be such a fool ;" she saw her master in about twenty minutes, but did not like to tell him, and her mistress was in Lon don; as soon as she could leave the house between ten and eleven o'clock of the same day, she told Mrs. Cook, who lives in a cottage adjoining their gar den ; her father came to see her the next day, and she told him. Cudmore had twice before tried to have connexion with her. Cross-examined by Mr. Jones—She was 19; next birthday. Had known Cudmore about 12 months. She had never joked with him further than being civil, or given him liberties of any kind. Did not remember telling him three or four months agci that she had dreamt about him, and would swear that she did not. Emily Nevard, a young woman living on St. John's-green, was with her at the fair, and on leaving her she went down Magdalen street to the dressmaker's, and then re turned to her mother and aunt at the Plough corner. • She again went to the fair between six and seven o'clock in the evening, with her aunt and cousin, named Charles Lukin, a painter, living at Southminster, and did not stay at the fair later than ten. When she left the fair she went up to Mrs. Taylor's, Military-road, where she slept that night, and the next morning she went home to her father's at Lexdcn. She slept both nights of the fair at Mrs. Taylor's. Did not tell Cudmore the next day that she was very sleepy, as shehad been at the fair both nights with her young man. Her mistress lately had to complain of her conduct with a cabman who recently came to the house, but she never told her her other servant did not conduct herself in that way. Cudmore had only been five minutes in the house before he took liberties with her, and had been there altogether 20 minutes. When Cudmore came in she was in the little par lour, and on her going into a back-house to melt some grease off some candlesticks he followed her. Cudmore did not say, " I shall be off, I cannot stop any longer;"- and she did not say, " 0, stop a little longer." Did not say to him, " I shall be done in a few minutes," or " You have got no cou rage in you, you only promise." During the five minutes before Cudmore touched her, she had not said anything to him. She only tried to resist him. Would swear she never gave him any liberties in her life. On two previous occasions Cudmore took liberties with her. She told him she would tell her mistress, and he said, "Don't be so silly, it is only a joke." Never complained to any one of them. Did not tell Cudmore he must wait until her mistress went to London. Had never given him gin and water and other things. Upon her oath, all that took place with Cudmore was not with her consent. When she told him her master was coming she did not rush out of the house, but r. ran ito the back kitchen. She did not run into Mrs. Cooke's or any other neighbours because he followed her. She did not stop in the back house, because she was afraid he would interrupt her there. Did not know that the conversation in the back house could be heard by the neighbours. She made as much noise as she could. The nearest cot tage to the back house was not distant the lengthOf that room, and that cottage was Mrs. Mussett's. Had she made a noise, she did not know, if Mrs. Mussett had been in the cottage, whether she could have heard her. The back house was a boarded building with cracks in it. She knew Mrs. Mussett was at home that morning. The back house was the length of that room from the kitchen. The back door of the kitchot was open. There was a little yard between the kitchen and back house. She could not shriek out. She never could call very loud, but called as loud as she could. She called out, " For God's sake don't, Cudmore." She could not say any more, her strength failed her. It was the second time her strength failed her. Notwithstanding her distress and anguish of mind she could not shriek out more. She 'did not call out loudly the first time, as she thought her master was coming. She had not seen her master on the other side'of the water a few mi nutes before Cudmore came.. 'She did not go with Cudmore to look for her master. Had she called out for assistance in the yard,<coming out of the back house into the kitchen, she should not have had it that she knew of. There was a straight path froth their yard up to Mussett's back-door. There were two paths, ono leading down their garden and one up to Mussett's house. S h e d i d not notice whether the doors or windows of Mussett's house were open or shut. After all that occurred she did not kiss Cudmore, or ask him to brush her dress, and he did not do so. Cudmore came again to see her master, as he said he would; she did not know how long afterwards, but it was the same day, and before dinner; she told him tlich.:qliat she would tell her master. It was before she went to Mrs. Cooke's that he came a second time. Cudmore came a third time to the house just before two o'clock. It was at the time her master was at breakfast that Cudmore came back the second time. Her master then told Cudmore to come about two o'clock. When her master came to breakfast she did not speak. Her master was there, and saw Cudmore as soon as he came to the door. A man named Lufkin lived in a house of Mr. May's, but she had not been frequently " larking" and playing with him. She never had done so. _ _ Re-examined by Mr.Church—The cabman alluded to came with two gentlemen in a cab. She did not ',take liberties with the cabman, or allow him to take any with her ; all the conversation she had with the cabman was about a little child being run over upon North-hill. Her mistress did not like her to talk to the cabman, but he did not offer to take any, liberties with her, and nothing was said about his taking liberties ; it was the mere fact of her talking to the cabman; that her mistress com planed of. Mrs. .Taylor, at whose house she slept, on the Mil tary-road, on the night of the fair, was a married I roman, and the daughter of Mr. May. Her sister now lived at Mrs. Taylor's. She strug gled. muc 'inst the prisoner until her strength was expo aistei 1. Herric /4, Cooke, wife of Wm. Cooke, mariner, West M , !l .sea, deposed that she resided in a hour' at the bet , tom of Mr. May's garden, which vi al over 30 yards from Mr. May's kitchen. On Tuesday morning : last, between 10 and 11 o'clock, Mary Ana Roofe ca: me running down to her house, and al)' peared to be very much upset. She was not crying; but seems •d to be beyond that. She asked her it she would . go up to her master's house with her , and she fc Mowed her almost immediately. She asked het • what she should do, as she had been vcry, gro:ssly assaulted by Cudmore. She asked her if sh e gave him, any liberties, and she said she did. not. She .asked her what she s hould do, and che advised her to tell her maker all that had hap, nened. She remained about twenty minutes of half an hour with her the first time!, an d saw , her t w i ce aga i n i n th e course the day. She told her the first time that Cudmore had assaulted titer. The second time she w ent to Mr. 111:ay's she 'saw Cudmore, who cam int`o the kitchen, but ncit her herself nor Mary Ana Roofe said anything to hi In then about the affair' He came to speak to Mr. i%% - ay as he was going t° Colchester. James Roofe, father of th prosecutrix, said thy. on Wednesday he went to see his daughter, of had not heard of this affair -until he got there. soon ,as he entered the hous e his daughter be crying', and on asking her what she was cryillt about, L le made a statement , concerning Cudmore' conduct towards her ; the r text day he came wit° his daughter and applied to the magistrates for 0 warrant for' Cudmore 's apprehension. His daughte r had a very - weak voice, and : he never knew her t° shriek or cry out in her life. Mary Aim Roofe, mother of prosecutrix, said+ on Thurs day last she came t( i their house from Wet Mersea. She examined her r and detailed appear ances indicating what had occurred to her daughter. Police-coosta.ble George Re mney deposed that ol; Thursday night,, about 12 o'etock, he apprehend prisoner at his It ouse at We t Merbea, he was ia bed, and when h. e came .dow n stairs and o penel the door he told him he hai I come to apprcho la him on the charge of committing a rape on Mar{ Anne Roofe. loner replied, " All right. expected it, as I km, ew the girl had gone t o Col' chester concerning ;, 4 , but I did not expect it to night, not before to-A1 iorrow. I intended to hale seen Mr. May about i St." He then brought h iO out and put the hande\ •iffs upon him, and on th i s road to the Colchester p , olice-station prisoner said' " I did it, but not agains,t her will ; she never re' sisted me, and I wish no-'c I had not meddled WO her, for the sake of my wife and children." Cross-examined by Mr. Jones —He thong he said twice that she was a consenting. party. Mr. Church said this watt the case for the prn' secution. Mr. Jones said, the pris oner, acting under bi t/ advice, declined making his statement here. On Mr. Howard, the ma ,gistrates's clerk, read' ing over the charge to pris ioner, and asking , 11 whether he had anything to say in defence, he sal he wished to leave it to his ; elicitor. Mr. Jones—Acting under my . advice he will re' serve his defence. The who Ile gist of the case was aye or no, did she consent ? and he has never 0 ' reed in his statement from f. bat time until now. The magistrates said they must leave it to ajol; to decide. Mr. Jones applied that the prisoner-should be admitted to bail. Mr. Church said it was a c harge of a most seril nature next to the capital charge of murder, a.n_, formerly punishable by del tth, and as the as sig " were near at hand he must I appose the application' The magistrates refused la ail, but at the solici ts ' tion of prisoner's attorney, they allowed him to re' main at the Colchester county police-station Wl' Monday, when he was remove d to Springfield ga°' COUNTRY /if ABKETS. BOSTON—Nov. 24. 24. 0 The trade in wheat, influenced by the weather, wh ich' , uncommonly keen, and the' diminished supplies from ti l l e , growers, has again ruled firm in tone, and all fine saylP ir arc dearer. To-day a moderate show of wheat in fine c.,0 dition. The best yellow samples made ls. over pre vi °,o rates. Oats scarce, and 6d dear er. Beans and pea s act in demand, and tending upwariti. t 9,501 4 24 Wheat .. .. 38s to 40s (Oats.. 205 ° t° 5 0 6°s White do 44s to 46s l',%eans, new Barley .......28s to 34s Vitt°, old . .425 t° . Avei:ages for the week: Wheat 6,368 qrs „ a t 39s 9cl 8ar1ey......... 726 ~ , 3ls 10d Oats Rye — „ Beans ... 172 ~ 42s Ld Peas .• . 160 ~ .. 47, lv. LOUTH—Nov. 24. At this corn market to-day there was a tolerable show of wheat and a fair attendance of farmers. Whea t sold at rtv tr over the rates of last week. Wheat ..38s to 42s J 0at5............ 24s to 28° White ..46s to 48s Beans 3Bs to 4 0 .. .• • Barley .43s to —s Peas sto •A NEWAIt: There was a fair supply of day, and transactions were lit qr. Not much doing in other White wheat, new, 44s to 48s Red do. 4os to 44s Old white —s to —a Red do. to —a Barley, malting 36s to 44s [.—Nov. 24. wheat from the farmers t°l nited at an advance of is r sorts. Barley, grinding 28 5 to 31; Oats, old, .. --s to New do 2 Beans.. Malt.. tot t o ° 4 5 I 4 BIRMINGHAM—Nov. 25. Wheat and flour were somewhat steadier to-day, but (Pi demand was still very limited, at the currency of this Ire se'nnight. Choice qualities of wheat lower, and met aIA sale. Oatmeal sold.rather slowly, and former prices ifs barely maintained. Beans and Indian corn again favoll"" buyers. —Nov. 25. oft At this day's MANC market H ESTER we had a fair attendance, trade, and wheat met with a moderately good deman d consumption, at the prices of this day week. Beans Indian corn steady, with a fair inquiry. Oats and o atto" sold slowly. GLASGOW—Nov. 2t. 'ce 4 There were no imports. Wheat was quiet ; full were asked, but little business was done. Flour was "' 0 ( changed. Barley was more inquired for, at the declineA last week for Scotch ; nothing doing in foreign. Oats diT e and the turn cheaper. Beans and peas sold slowly, at la rates. EDINBURGH GRAIN—Nov. 24. There was a smaller supply of grain at market. S tue were ready, and prices at about late rates. Wheat on the top 6d down... Barley on the top is Od up average 0s O os ';2d 3d Oats on the top Os 6d down —average 2d up. Beans on the top Os 6d up.. ..... —average 2d up. Averages per Imperial quarter. Wheat.... Wheat (N) -12ths Barley Oats 1 2 2 8-12ths Beans Total Supply and Sales. Wheat • 928 qrs Sold 711 qrs Barley.. 2799 qrs Sold 1983 qrs • Oats • ..1548 qrs Sold 1248 qrs Beans l2l qrs Sold 101 qrs DERBY SMITHFIELD—Nov. 23. There was a good supply of fat beasts to -day , mostl y i 4 excellent quality , . the attendance , of buyers was small, l i i the greater part went away unsold. The p ens were W,!:4. filled with sheep, and, high priCes asked. A good munM of fat pigs, demand brisk, and prices b etter. A plan t " supply of fat calves. fild to Beef sd to 6id Veal . 0 „ A Mutton .. 4l to 7cl Pork y ' Lamb ltd to — d Rough fat, 4s 10d per st e Hides, 4d to Sid ; calf skins, 4'd r. 51c1 4to • —roe BIRTHS. - ••••• ERSKTNE.—On the 19th inst., at Pittodrie, AberdeenBbi.2 N. 8., the lady o f C o l one l Knight Erskine, of Pittodf l ' of a son and heir. • SMITH.--On th e 23d i ns t., a t 51, Grosvenor-street, L dp Smith, a daughter. T SUFFIELD.--On the 21st inst., at Gunton-park, the ...- Suffield, of a daughter. e THATCHER.-011 the 24th inst., at Penge, Surrey, the of Capt. Thatcher, of a son. If RRIA GP S. S t. DRUMROND—PENNINGTON. — On the 25th inst., at d, James's - Church, Piccadilly, Edg,ar - Atheling Drunintlio Esq., son of Mr. and Lady Elizabeth Drummond, t 0.,„, Hon. Louisa Theodosia Pennington, sister of Lord lqw " caster. --- HOLLAND--TRETELYAN.--011 the 25th inst.f at St. ehael's, Chester-square, Henry Thurstan Holland, PI eldest son of Sir Henry Holland, Bart., to Margar et , Trevelyan, eldest daughter of Sir Charles E. Treve l Y ° K.C.B. DEATHS. BOLDERO.—On the 24th inst., at 2, Glocester-gamr) Hyda-park, John Stephen Bolder°, Esq., late of ' Bengal C.S., aged 67. FANCUTT.—On the 24th inst., at his residence, 30, St' 3 s hope•stTeet, Regent's-park, John Fancutt, Esq. ) 9 g 57. T. ide, John HARDING.—On Harding, Esq. KINGDON.—On the 24th inst., at 11, Church-street, 1-I°llc lydown, Mr. Wm. Kingdon, aged 66. _ Ad' LYONS.—On. the 23d inst., at Arundel Castle, Vicrw miral Lord Lyons, aged 68. WADDINGTON.-011 the 22d inst., at Cox's Hotel, Jerll3:- street, Majm 4.3ene.ral Waddington, C. 8., Bombay gineers. • WINTER.-011 the 24th inst., at his residence, P eckhan/ road, Surrey, George Winter, Esq., aged 76. inst., at. 25th 4, Chl Loapsil LONDON : Printed and Published by MURDO YOUNG' of No. 112, Strand, Printer, at The Sun Office, No. 0i StTand, in the Precinct of the Savoy, in the cotultY ° Middlesex, Friday, November 26, -1858. ~y --._--'°-'' _ 4 .41c. t ~i~ E'"; ; ~~i ~,