The Sun. — London, England, 1861-07-30 00:00:00

THE SUN, LONDON, TUESDAY EVENING, JULY 30, 1861• THE THAMES EMBANKMENT. - - _ The Report of the Royal Comuliaawners upon the Thames Embankment will grievously disappoint not only about 50 unsuccessful authors of inge designs, but, even more, all nious or magnificent that imaginative portion of the public which has been for several years building castles on the mud. It is the simplest, and shortest, and small est answer that the question admitted of. The Commissioners propose neither streets fronting the river, nor public offices, nor exhibitions, nor hotels, nor arcades, nor high and low levels, nor docks, nor canals, nor quays, not even a railway, but merely an embankment, a road, and a sewer. The two extremities have been fixed by public opinion, and, indeed, by necessity, long ago; so, too, has the level ; so, too, the width. Almost any body the least acquainted with the subject would have said long ago that we must some day cover the mudbanks and make a road between West minster-bridge and Chatham-place ; and that it would never do to raise the level above the gardens at Whitehall or the Temple. Latterly, the prospect of having the Strand and Fleet-street blocked up for a twelvemonth, and the houses all shaken by a low level sewer, has driven the world to consider whether this could nut lie combined with the embankment of the Thames. This is just what the Commissioners content themselves with proposing. They have stripped an acknowledged necessity of all its colossal additions and fanciful applications. If their report is open to any objections at all, they must be of the negative character. They have simply drawn the pen through every exuberance, every eccentricity, every decoration, and found what was common to all the designs that were at all worth consideration. It is quite possible that future London will set them down as not equal to the emergency, inasmuch as they might have improved the occasion to do this or that. " While they were about it, why did they not do a hundred things that could have been done then, and never after ?" Well, if we had amongst us a man of transcendant genius and undoubted good sense, it might have been wise to give him a carte blanche and two or three millions of money to give us a sort of Venice at home. We have now lying before us some charming designs for that purpose. But quite sure are we that Parliament would never have put the requisite degree of confidence in any one man.ffllt is not in a very prodigal or poetical humour, so far at least as the works of peace are concerned. So the Commission has wisely proposed to do only that which must be done, leaving the nation to add anything that it pleases. It is proposed to sacrifice to the Embankment all the wharves between Westminster -bridge and the east end of the Temple-terrace. The greater part of them are for the coal trade, and the Com missioners consider that, owing to improved arrangements at the railways and docks, London does not require the coal trade, or any other trade, to be carried on upon this part of the Thames bank. This is a question for evidence, and we can only say that if it is possible to get rid of the coal wag gons, with long teams of horses constantly and sloWly emerging from the side streets of the Strand, and creating long stoppages to the traffic, the abate • went of that nuisance would alone be worth a con siderable sum. The general proposition is to leave the embankment uncovered, except by gardens where there are gardens already, and, if exceptions are to be made, they are to speak for themselves. The Templars, we presume, will think themselves sufficiently compensated for the introduction of a carriage way between them and the river by a large extension of their garden. It is suggested that in other parts of the embankment there would be much valuable ground for building, with a first-rate frontage ; but that might be for after-consideration. The portion between the Temple and Blackfriars bridge would be dealt with exceptionally, both in being sloped up towards the level of Chatham place, and being provided with docks for the use of the gas works and other proprietors of wharves, the road for that purpose being carried over arches. In fact, while the Commission confine themselves to the simplest possible proposal, they leave the ground open for a good many additions, if Parlia ment should think fit to engraft them, either at once or at some future time. Docks, indeed, it would be out of the question to excavate in the bank, were it even made solid ; but that need not be regretted, as docks filled with Thames water would be incurable nuisances, even were the river cleansed as much as we hope to :see it. Instead of continuing the embankment and road east of Blackfriars, the Commissioners revert to the junc tion of Cannon-street with the west extremity of Earl-street, long ago projected, and, we know not why, still to be effected. The carriage road from the Clock Tower at Westminster to the eastern end of the Temple-terrace it is proposed to make 100 feet wide ; thence, over the arches or pillars, 70 feet wide, as the width will there be wanted for the proposed stations inside for barges. Besides the absence of docks and the lowel level, the only part of the report which seems to forbid future alteration or addition is the exclusion of a railway, unless, indeed, the width of 100 feet is considered sufficient to allow of rails. This is a point on which there may be some controversy. The only question, as we take it, is whether a low level railway for the local traffic between Westmin ster and Blackfriars will be much of an accommo dation without being a great nuisance.' There could be no trunk line for the use of the great railways without raising the level, and sacrificing the Thames bank altogether to the use of suburban and provin cial passengers. So we dismiss that proposition, and confine ourselves to the question whether the existing stream of passengers in the Strand and Fleet-street is likely to prefer a railway to a road, and whether a train once every two minutes would interfere with the view and the quietness of the gardens more than the omnibuses and cabs it would supersede. At this moment there happens to be an intense prejudice against the introduction of rail ways into the streets of London, and, perhaps, the question is not likely to have a fair trial. A train once in two minutes would certainly be a much quicker and surer means of communication than the boats, which depend much upon tide, and are liable to ob-,truetions, besides that they cease to ply at sunset. If, however, 100 feet is all the width that can be secured for a road the whole distance, that road must be made, and it will remain for future enusideration whether 20 feet of it can be spared for rails, or whether there is any demand for them. It is proposed to form approaches to the Embank ment by continuing the streets now leading to wards the river—for example, Richmond-terrace, — and by:forming a new street opposite the Horse Guards an d another through the Savoy. Now that the river promises to be a better neighbour, these streets will give valuable sites, and may even help to pay th e co materials for the of the Embankment. The , theriver, Embankment itself are close at hand, in the bed of missioners propose to ared which the Com ge so deep as to secure that the bottom shall not appear at any ordinary low tide. Of course, this would not n be d o n e w ith ou t a cautious regard to the foundations recommenda tions bridges. It is obvious that most of these neces sary means of carrying out the plan. That plan is the simplest possible form of the idea which has grown in the public mind into a sort of necessity. In every metropolis except ours this necessity would have been acknowledged and met ages ago. -What cbaracterises, then, this report is a firm and con sistent determination not to go a step in advance of opinion and the plain necessity of the case. The Commissioners do not propose one inch more of ele vation, one foot more of width, one single auxiliary, or addition, or ornament, beyond that which we are ail agreed on. They modestly hint that, since the thing is to be done, it might as well be taken ad vantage of to add some ornamental fabrics to the metropolis, and that the buildings had better be handsome. In that recommendation we entirely agree, particularly as, to the best of our recollec tion, there have been only three serious attempts to do justice to the banks of the Thames in its passage through London—viz., Somerset-house, the Adelphi, and the ;Juges of Parliament. The Temple, indeed, is a pleasantoasis in a wilderness of warehouses and barges; and Chelsea and Greenwich Hospitals dig nify the banks above and below ; but otherwise there is no river in the world, we should think, that owes so little its chief city. This, however, is a matter that may and will be left to the owners of new sites and frontages. If the new Embankment be left generally clear, and converted into gardens, we may depend on it that the houses looking upon it will soon brighten up into something better than they now are, If, too, the City and Westminster nut on a new fa '3e, and can really admire their own reflection in the water, we may be certain that the Borough and Lambeth before long will light up a "'lle of recogniti( at, and follow the example of the °I ) P - • utate shore.—Tifileg.. rAnyt , .1•IMMIIIMINFAIN .................sis V,l4vate l ai ,7,7 pe M r 'n'T•l Pills and medicine invariably ag s;,pointment, ali''tur.te diseases; their annoyance, die in indifferent he d expense may be aVoided by persons Mill send- B. Barry, E s q., 77. It 'mg only their Address to E. and eZent-street, 'IV., Lom:orl , will receivw gratis and they 4; ['IDE," or 15 aturat p,, tree by post the "DrvAL_lDs' OWN p - Ilse, of perfect digestion, without medicine Of" elc mireshing sleep, to the most strop nerves, sound lungs, ~lnd of indigestion (dyspep sia), concembled insuring the remov. ll nausea, epilepsy, paralysis, debilityPati°n, liver complaints,' ne rvousness, palpitation cough, asthma, consumption, aro PBY, flatulency , diarrbcea ' dysentery, bilionimess, fevers, sore throats, catarrhs, colds, noises in the ears. rheumatism, gent, impurities , eruptions, hysteria, neuralgia, irrit abilit y , slee p le ssness, teldi Y palpi tation, heartburn, heilidach e, des p ondenc y , cramps t ,' sinking, fits, br on chitis ,--- is UllqUelitionably the sales7G a ri s to tio.lith.,,: ASSIZE INTELLIGENCE. MIDLAND CIRCUIT.—DERBY, JULY 29. CROWN COURT. (Before Mr. Justice Wiles.) THE ILKESTON MURDER. The court opened at nine o'clock. This being the day fixed for the trial of Smith, for the murder of his father at Ilkeston, the ap proaches to the court were crowded at an early hour by parties anxious to gain admittance to the interior of the County Hall, to hear the trial. Exactly at nine o'clock the prisoner was brought into the dock. He was respectably attired, and in the left hand pocket of his coat was a formidable note-book, whilst in his right hand he carried a pencil. He appeared to be in good spirits, and on the names of the jury being called over, he ob jected to one of them. The following is an outline of the case as stated on behalf of the prosecution, and afterwards borne out in evidence. The deceased, Joseph Smith, was a shoemaker by trade, 46 years of age. He had been a man of industrious and frugal habits, and had managed to acquire some house property. He was the owner of the home that he lived in, and he was also the owner of three houses that adjoined it. He had a daughter married to a man named Aaron Aldred, and they lived the next door to him. In the next house lived a man named Isaac Aldred, but he was no relation to Aaron Aldred. On the Ist of May the only parties who resided in the house of the deceased was the father, the eldest son (the prisoner at the bar), who is 21 years of age; the next brother, who is betw een 12 and 13 years of age. Those were the only i n mates of the house on that day. On the Ist of May the deceased was at work with his second son, Henry, at shoemaking, the eldest son (prisoner), being engaged at the ma nufactory of Messrs. B a ll and Son, Ilkeston, whilst the youngest son went to school. The deceased, and Henry, his son, worked until after seven o'clock in the evening of the Ist of May, and then gave over, when the deceased went out of the house and pro ceeded to the residence of his brother, Samuel Smith, who lived at no great distance up the street. The eons, Henry and Edward, also went out of the house, but they did not go with their father. The sons returned home about nine o'clock, and the father a little after ten o'clock. The latter sat down on the sofa in the house-place, got some tea and then went to bed. The deceased and his son Henry slept in one room, and the prisoner and his brother Edward in another room. The deceased and Henry went to bed together, and the son Edward went to the other bed by himself, the pri soner, George Smith, not having arrived home. About twelve o'clock the deceased and his son Henry were awoke by a noise down stairs, and he told his son to get a light, which he did, and the father proceeded down stairs. The son followed the father down stairs, and found him looking in a drawer where he used to keep his clothes. The deceased told his son Henry to return to bed, which he did, and the father remained down stairs, and lighted his pipe, sitting down in the house-place, a room 7or 8 feet high. In a few minutes after wards the sons up-stairs heard the house-door open and the deceased made the following observation to some one down stairs':—" George, have you been to Nottingham to-day ?" The prisoner—for it was he —replied, "No ;* I have not." Deceased said, " Are you sure that you have not been to Notting ham to-day ?" And prisoner replied, " Yes, lam sure." The father then said, " George, you see what trouble you have got into, and I am not going to sit up for you all night." There was a reply to this observation, and for a minute or two all was silent, and then the report of a pistol was heard. The sons upstairs were greatly alarmed, and they threw up the window and began to cry out "murder-" The neighbours were attracted to the spot by their cries, and in a minute afterwards Mrs. Aldred, the daughter of the deceased, and Isaac Aldred, who lived at the third house, entered the dwelling. They found the father lying on his back across the hearth, with his head in the corner of the house-place, and quite dead. Isaac Aldred looked to see what was the cause of death, and then searched for the pistol, but it could not be found. The prisoner then entered the house with a man named Davis, and Aldred said to him, " Why, George, you have murdered your father ;" upon which prisoner replied, " No, I did not murder him ; lam innocent," e the same time asking Aaron Aldred to shake hands with him. Prisoner then said, "I don't know anything about it ; my father has done it himself." Aldred then said, " What has your father done with the pistol if you did not shoot him ?" and prisoner replied, "My father put the pistol on to the oven after he shot himself, and I afterwards made away with. it." The pistol was found in a garden a short distance from the house, and the day after the murder the prisoner said to police-constable Ridge, "My father was sitting in his chair, smoking his pipe, with his elbow resting on the chair, and his right hand upon his head, and he said to me, ' George, you are shortening my days by inches." I then saw my father pick something up, put it to his head, and then shoot himself. I then saw that it was a pistol he had got. The medical evi dence proved that it was quite impossible for the wound to have been inflicted by a man sitting in the position as described by the son, and with the pistol in the left hand. No pistol, no shot, or am munition had been seen at any time previous to the murder in the house of the deceased until the night in question. The prisoner had asked a man named Ellis whether, if his father died, he should come into all his property, he being the eldest son, and also whether he should be entitled to the outstand ing debts, for his father was very likely to destroy himself. On the 29th of April he told Ellis that he was going to be married to a girl at Whitsuntide, named Ellen Cox, who was in the family was by him, and on the evening of that day he wrote a letter to her at Melton, Leicestershire, in which he said " his father was like a madman, and would some day make away with himself." He also said that "he had put the banns in at Ilkeston." On the morning of the Ist of May the prisoner saw Henry Davis, of Ilkeston, in the streets of that town, and asked him to accompany him to Nottingham. Davie said he had got no money to pay his fare with, and the prisoner replied that he would pay it for him. The two went by train to Nottingham and proceeded 'direct to the savings bank of that town, Davis wait ing outside whilst the prisoner went in. He pre sented his father's bank book to the clerk, and told him he wanted £l4. The clerk asked him if his father had given him any orders to draw the money, and the prisoner replied that he had not. The clerk then said he could not give him the money. The prisoner and Davis then went to Bridges' wine vaults in Nottingham, and the former told the land lord that he had arrived too late for the bank, and the latter advanced the prisoner £l, the bank-book being left es security for it. He would here remark that the first thing the deceased asked the prisoner on his arriving home that night was, " Have you been to Nottingham ?" and there is no doubt that he had missed the bank-book from the drawers down stairs, and suspected that his son had gone to get the money. Having got the sovereign from Bridges, the prisoner and Davis proceeded to another public house in Nottingham, called Tom Moody, and there they picked up with a " loose" girl. After the pri soner had been at the Tom Moody sometime he got up and went away, telling Davis and the girl to wait until he returned. The prisoner then pro ceeded to a shop kept by a man named Webster, and asked for a pistol. Webster said, "I suppose you out of ~w ant it to s h oo t bi r d s w ith," an d p r i sone r rep l ied, want it to st ar t pi geons w ith w h en they come the t ra p." H e b oug h t t h e p i sto l , an d th en went to a powder and Cape shop ke pt by a Mrs. Carr and purchased charge. He then ' rs.. g s ri a cr i ln in - r g ne h d a t o a n t i b y e wanted it Moody, and a o n n d e accompanied the w ho se name was Elizabeth Meakin, to her house. it Whilst t there he pulled carryingo her , and she asked out a pistol and showed it " I by ra going to use it if him what he meant it in that father offends way? He replied, got a pistol." anyone does me any harm ; i f my Davis and the me I will shoot." Prisoner then said to the g ain for Ilkeston, girl, "Don't tell Davis that I h ave Prisoner and the girl returned to the Tom Moody, p an ri d so a n t er 7 leo'clock f.to t t h ti e ng sa h m am e e b v y eni t n r where they arrived abo ut . half-past 7 o'cl oc k. At Ilkeston Henry Davis 1 eft the prisoner, and directly afterwards the latter was joined by a man mimeo Reuben Davis, and they walked up the street to gether. Prisoner handed over part of the caps he had purchased at Nottingham to Rueben Davis, and on going past his father's house the prisoner said he would go in and get some bread and cheese. The prisoner directly afterwards joined Rueben Davis, at the Queen's Head public-house, and they remained there for some time, the prisoner going out once to send a little girl to a Mrs. Gregory's shop for a pennyworth of No. 2 shot, which she procured for him. Prisoner remarked during the evening to Rueben Davis, "I don't think my father will live long, and it is my opinion he will make away with himself." Prisoner and Davis left the Queen's Head about 10 minutes before 12 o'clock ; and directly afterwards two women were passing close to the house of the deceased, having a candle in their !lands, and they saw the prisoner very dis tinctly with something in his hands ; bat as soon as he saw them he turned his hack to them, and in a few minutes afterwards they heard the report of a pistol. Mr. O'Brien made a powerful appeal to the jury er a behalf of the prisoner, contending that the de ceased committed suicide by shooting himself. The Judge summed up at great length, and the j ur y returned a verdict of " Guilty of Murder." The Judge then, in an impressive address, sen- tented the prisoner to be executed. His lordship was interrupted by the prisoner, who said he was the cause of his father's death, but he did not shoot him. He also addressed the crowd in the hall. The Judge said he could not listen to the state. ment of one who was now a dying man, and he warned him to try and make his peace with God, as there was no hope for him in this world. The scene in the court during the passing of the sentence was one which will not be easily forgotten. TILE CHARGE OF STABBING A LADY. Last evening Mr. G. S. Bent, the deputy coroner for West Middlesex, resumed the inquiry at the King's Head Tavern, Great Portland -street, into the circumstances attending the death of Jane Janette Cathrey, of 3, New Cavendish -street, whose death was caused by the throwing of a knife by a solicitor, as already detailed in our columns. The court, as on the previous occasion, was densely crowded, and the accused was again present with several friends. . The examination proceeded with Mr. John Lumsden Probert, surgeon, of No. 6, New Clarendon-street. He said he was present at deceased's death on Thursday morning last. He was fetched about a quarter-past seven in the morning to attend a lady who was dying. He went imme diately to the second floor of 3, New Cavendish street, and he found a lady dying. There were three or four persons in the room. She said Mr. Young, of Sackville-street, had been attending her. He had some difficulty in ascertaining what was the matter with her. One of the females told him downstairs that Mr. Young would tell him better than she could. The lady had died before he could administer anything to her. On Mr. Young's arrival he told him the deceased had received a stab with a knife inflicted by a gentleman. He said he expected her death. Witness did not see the wound—he had heard nothing about it ; and as the case was in the hands of Mr. Young he did not further interfere. By the Jury—Witness heard no observations made by the persons present. They all seemed agitated, particularly Mr. Westbrook. Emma James, a young widow, residing at 3, New Cavendish-street, said she had lived with Mrs. Cathrey for the last four months. She was not a lodger but a visitor, having formerly been lady's maid to Mrs. Cathrey. Oa Tuesday night last she waited up for the party who-went to the opera, and they came home in a cab about a quarter past 12. After closing the street door they went into the dining-room and she followed them. Supper was laid in that room. There was some altercation, but she only remained about ten minutes. She did no stop with them. There was nothing particular in the jangling to call her attention. An invalid lady with whom witness slept left the room with her and they both retired to bed. She did not know the cause of the quarrel. She afterwards heard a noise in the dining-room, and they came partially down stairs, but did not enter the dining-room. By the Jury—The four persons in the dining room were talking together loudly on the subject of the opera. She could not say whether the in valid lady entered that room. Mrs. Cathrey had not changed her clothes after coming from the opera. She walked directly into the dining room. During the time she had lived there a pre vious disagreement had taken place, and Mr. West brook then struck her in the face. She was dis figured by the blow. By the Coroner—After the injury had occurred, witness met Mrs. Cathrey on the stairs and asked her what was the matter, Mrs. Cathrey replying "Nothing." I went into her bedroom fora minute with Mrs. Bryant, but left as Mrs. Cathrey re quired to be alone. She saw her in the morning, and she was then aware of what had taken place. She made no statement to witness. She had heard Mr. Westbrook very violent to her, but never heard him threaten to do her an injury. By the Jury—Mrs. Cathrey made no statement to witness as to how she received the wound. The reason she came down stairs after hearing the noise was on account of a scream. The marks of violence which she had received on her face about two months ago were present at the time of her (death. Fanny Fitzjohns, housemaid to the deceased, said she was not up on the Tuesday night when the party arrived from the opera. She slept down stairs, and hearing quarrelling she went up stairs to learn what was the matter. She saw nothing until Mrs. Cathrey was brought up stairs. Mrs. Cathrey made no observations. She never heard Mr. Westbrook threaten to do Mrs. Cathrey any injury. About four months ago Mrs. Cathrey had her face disfigured by Mr. Westbrook, as be said, accidentally with his ring. Her nose was much cut. By the Jury—Witness had heard frequent quar relling between Mr. Westbrook and Mrs. Cathrey. When Mrs. Cathrey's face was cut with the ring she told witness not to say anything about it. Mrs. Gertrude Macarthy, of 13, Golden-square, examined—Witness had known Mrs. Cathrey for some years. Mrs. Bryant had told her on Friday that Mr. Westbrook had plunged the knife, or threw it at Mrs. Cathrey, with a frightful oath. (Mrs. Bryant was here admitted.) She also said that Mr. Westbrook had struck her first with his fist while standing up at the table. She described their relative positions. The table was not between them. That was said on the Friday after death. By the Jury—Witness saw Mrs. Cathrey on the night of the injury to her arm in Buckingham street, and after telling her who did it, requested her to say nothing about it. She was much injured. Mrs. Byrant (in reply to the Deputy Coroner), said the last witness was not correct in all particu lars. They were standing on either side of the table, and the knife was thrown. She could not say that it was an oath Mr. Westbrook uttered when he threw the knife, but he stiid something which she could not remember. [During the evidence of Mrs. Macarthy the Court was much annoyed by the interruption to the witness of Mr. Westbrook and his friends stand ing beside her, and endeavouring to speak to her.] Inspector Hubbard, of the E division, stated the circumstances respecting his knowlege of the case. He directed Sergeant Watts to make inquiries; but every obstacle appeared to be thrown in the way. The certificate alleged to have been taken to the registrar had not been so taken, and when he (the Inspector), and Mr. Blake, jun., the sum moning officer, went to No. 3, New Cavendish street, Mr. Westbrook was denied. Sergeant Watts was directed to search the house, as t w o hats were discovered. Mr, Westbrook was then produced. The inspector further stated, in detail, what Mrs. Macarthy had told him (Mrs. Macarthy and Mrs. Bryant being both present in the inquest room), similar to the evidence given by her. Mrs. Bryant had said the above in the presence of a Mrs. Eyre. She said that Mr. Westbrook had gone to the end of the table and threw the knife, with an oath, saying, "Take that you ----." Mrs. Macarthy re-examined by the Deputy Coroner—Witness had heard Mrs. Cathrey say, when her arm was injured, that she was in danger of her life. Inspector Hubbard then proceeded to say that he had taken steps to produce Mrs. Eyre, who was a very important witness, and that her arrival was expected every moment ; and with respect to the non-compliance of Mrs. Bryant in giving particu lars respecting her husband, he had discovered that he was a convict undergoing his sentence. Mrs. Bryant said with respect to the words made use of at the time the knife was thrown, her recol lection told her that something was said, but she did not believe it was an oath. She could not how ever remember, but Mr. Cathrey was present at the time. She believed that Mr. Westbrook did not in tend to injure Mrs. Cathrey. Mr. Cathrey, on being recalled, said he under stood tho explanation by Mrs. Bryant to be that the table was between Mr. Westbrook and his mother. There was some expression made use of which had entirely gone from his mind. By the Deputy-Coroner—That expression of was not used. There was something said, but he could not remember what. The table was between them, and something was said when the knife was thrown. By a Juror—Witness considered that his mother was violently attacked, and that was the cause of his flying upon Mr. Westbrook and striking him. He believed that any article, paper, bread, or of anythingee at James's,,s h teh e se nd , would have been thrown in the height passion. Mrs. M ar y A nn E yre , o f N o . 5, Cl e veland-row, a w e c h e o a s h e a d d . beenln broughtconsequence que n fromee of a she her resi dence, said she was th e w if e o f a gentleman. hrey She c, letter she telling her of th e d eat h of Mrs. Cathrey, went to New Cavendish- s t reet on Thursday evening was told while in th e d raw i ng -room by Mrs.j ' atnes that Mrs. Cathrey had been wounded with a knife. Mrs. Macarthy then came in. Mrs. Bryant was pre sent and told her something respecting the matter. Mrs. Bryant was again called in. Witness continued—Mrs. Bryant seemed much agitated, having just come from the station-house. She said she did not think Mr. Westbrook intended' to murder her. Witness remarked that she thought the sll e d would esor i i d b t e , d o u . s n h o e t t h h a e v be ne said been thatinflicted Ai inthe Mr. Westbrook wa y she took up the knife and walked to the end of the table to Mrs. Cathrey, and went like that (throwing her arm apparently against some person) saying " Take that, you --2 By the Deputy Coroner—Mrs. Cathrey had often said Mr. Westbrook was a very violent and danger ous man. She had not said she was in fear of her life. She had not seen her for some time. Mrs. Bryant could not remember that any oath was made at the time the knife was thrown. Witness said she believed these were the words. Mr. Westbrook here regretted that be had not been represented by a solicitor. Miss Fatima Eyre, niece of the last witness, and residing with her, said some time ago Mrs. Cathrey had a quarrel with Mr. Westbrook and her son. She then said his (Mr. Westbrook's) violence was so great that he would one day put an end to her life. This being the whole of the evidence, Mr. Westbrook wished to make a few remarks. He said that this was a great misfortune to him, and he should wish to show to the jury the great malice which had been exhibited to him by Mrs. Macarthy. When she came to the house she attacked him like a fury ; she put her fist in his face, and said, " You murderer, I will hunt you down ; I will hunt you. till death." He would like Mr. Cathrey to be called to prove that which he had stated. Mrs. Macarthy denied having any malicious feel ing. She said, "You have murdered her—my friend. Go up stairs and look at her." She did not say she would hunt him down. _ _ Mr. Cathrey was called in, and said—Mrs. Macarthy said to Mr. Westbrook, that it was mur der—cold-blooded murder, and that it was his in tention to murder her. On being prompted by Mr. Westbrook, witness said he recollected Mrs. Macar- thy saying, respecting some portrait which had been painted by M-. W. of his sister, who was going to India, which he painted instead of Mrs. Macarthy, that ale would have her revenge upon him. Mrs. Macarthy ;aid it was not true. There was a dispute, but no angry feeling. When she received the letter, as a friend, to come up on the death of the deceased, her friend, she said 6' Poor Mr. West brook would feel it." She did not know the cause of death then. There was no angry feeling until she found her friend dead, and she was then excited. The Deputy Coroner, after summing up, laid down the law of the case, and left_ the decision in the hands of the jury. The exceedingly crowded room was then cleared, and after about three-quarters of an hour's delibe ration, the jury raturned the following verdict : " That the deceased died from the effect of a stab in the abdomen, and that Richard Austwick West brook was guilty of manslaughter." The jury then expressed their thanks to In spector Hubbard for his exertions in obtaining witnesses for the elucidation of such an intricate case. The entrance of the house was almost impassable from the congregation of an anxious crowd. remuneration made, and as in her present state she is scarcely expected to live from hour to hour, that you will not delay, but come as soon as you can on receipt of this, as a gentleman, a Christian, and a friend. Waiting with most intense anxiety to see you, she remains yours most respectfully, " M. CALVERT, for MRS. CAPELL. " Feb. 10, 1861." Witness resumed—After Dr. and Mrs. Jones left on the Monday afternoon, I went into Mrs. Capell's room and found her very excited. She exclaimed, " God be praised," several times, and added, "The Lord has sent his angels to deliver me out of a nest of sharks and thieves." She also said that the doctor was going to remove her the next day, and in a week or two he would take her in his carriage to his house at Windsor. lam certain she did not urge him to remove h:. , r on the Tuesday, andon that day he said she was not in a state fit to be removed. Dr. Jones told me in her presence that she wished him to take care of her watch and chain and some boxes, but she made no remark. I merely referred him to Mr. Gardiner, and said he was Mrs. Capell's agent in all business matters. Dr. Jones put the gold watch and chain in his pocket, and afterwards removed one or two boxes to his own house. My husband requested Dr. Jones to remove Mrs. Capell as soon as possible, as my house was not a proper place for a person in her state. Mrs. Capell never told me she intended leaving Dr. Jones all her property. Mr. Sleigh—Here is Mrs. Bellis's diary—look at it and tell me if it is in her writing. Witness.—l do not think it is. Mr. Serjeant Ballantine.—l have now to ask that the diary may he detained by the officer of the court. Mr. Sleigh.—lt is not in evidence yet, for the witness says it is not in Mrs. Bellis's handwriting. Mr. Serjeant Ballantine.—You stated just now that it was the diary of Mrs. Bellis ; and, as such, it is, with all that lady's effects, the property of the Crown. Alderman Hale.—l understand the diary is in evidence, and that I have the power to detain it ; but the learned serjeant's last argument is even stronger in favour of its remaining in the hands of the Court. Mr. Sleigh.—lt is required for the defence, Sir ; and surely you will not throw any obstacle in the prisoner's way. Mr. Lewis will undertake to pro duce it. Alerman Hale.—lt is better in the hands of the Court. Witness.—From the time Dr. Jones came until Mrs. Bellis was removed, Mr. Gardiner was not sent for. Kate Schmidt said—l was in Mrs. Calvert's ser vice while Mrs. Capell was in her house, and I used to attend on her. She was very ill all the time, but she got worse after Dr. Jones came. I saw writing materials on the table when Dr. Jones was there. Mrs. Capell always kept them by her. She had a very bad night on Monday night, and kept me awake by her screams. On the Tuesday two men were taken to her room, and on Wednesday Dr. and Mrs. Jones dtessed her well up in clothes and put her into an arm chair and wheeled her out in it to the carriage, which immediately afterwards drove away with them. Ann Govier, a cook in Mrs. Calvert's service, gave similar evidence. Mr. Edward John Gardiner said—l have known Mrs. Bellis, who went by ,the name of Capell, for the last eighteen years. I have acted as her agent. I saw her on Monday, the 11th of Feb ruary, and she asked me to make her will, but I declined. Ido not believe the signature to the will produced is her handwriting. It does not bear the slightest resemblance to it. Capell was the name of her father, and she went by it for two reasons — pride and bad principle. I saw Dr. Jones on the Friday following, and he told me she was dead— that she had made a will and left him the executor. I said I hoped she had taken care of poor Sharpe, and he said something about her having left her money to charities, but nothing of the property being left to himself. Cross-examined—He might have said he had been left well off, but Ido not recollect it. When I saw Mrs. Bellis on the Monday she said, " Oh, you have come at last, but the Angel of the Lord has been to deliver me." From the conversation I had with her I believed she had not all her mental faculties about her, and that she was insane. She never mentioned Dr. Jones, but I knew he was the angel she referred to, as Mrs. Calvert, who came to me in the morning with a message from Mrs. Bellis, told me he had been there. Mrs. Bellis was a most imperious and im pertinent person, and we never met without quarrel ling. I knew she had quarrelled with Dr. Jones years ago, but I did not remind her of it. She reminded MG of the many quarrels and reconciliations we had had. The handwriting in the diary is not Mrs. Bellis's. It is more like that of a servant than of a lady. Sharpe never expressed a desire that Mrs. Bellis should not know where he was. I knew he had been in Brussels for a couple of years, but I did not hear he had been recently married. Mrs. Calvert here said she had heard Mrs: Curtis, the nurse, say she wrote the diary. Thomas Sharpe said—l was brought up to the medical profession, but am not now in business. I had known Mrs. Bellis about nine years, and Dr. Jones about six or seven years. I became ac quainted with him through the medium of an ad vertisement. I assisted Dr. Jones and visited his patients for him up to the 14th of February. I had repeatedly told him I knew Mrs. Bellis, who was known to Dr. Jones as Mrs. Capell ; and on one occasion Mrs. Jones asked me for the real name of Mrs. Capell. Mr. Sleigh—Any conversation between Mrs. Jones and the witness cannot be evidence against Dr. Jones. Mr. Martin—l think you may take it, as in bankruptcy cases, that she was Dr. Jones's agent. Mr. Sergeant Ballantine—l will get it in another way. Did you furnish her with the real christian and surname of Mrs. Capell ? Witness—l did, sir, and she wrote it down. Mr. Sleigh—Whatever is in writing must be pro duced. Witness—l was not aware that Dr. Jones visited Mrs. Capell until after her death. I saw him on the Tuesday and the Wednesday, but he never men tioned it to me. Samuel Proctor, one of the attest ing witnesses, was Dr. Jones's servant, and Richard. Huthmans, the other, is Mrs. Jones's aunt's hus band. They were both at Dr. Jones's house all three days that he attended Mrs. Capell. Mr. Sergeant Ballantine here put in the short hand-writer's notes of the evidence given by I)r. Jones, in the Court of Probate, in which he stated on oath, first, that he ebtained his diploma at Aber deen, then that he never was at Aberdeen in his life, and afterwards that somebody else obtained the diploma for him by personating him at Aber deen, and that he (Dr. Jones) was staying at Chip ping Norton all the time. Mr. Morton, the shorthand writer, was then called to produce the notes formally, and it was ar ranged on both sides that the evidence should be considered sufficient for all the purposes of this pre liminary inquiry, after which Mr. Sergeant Ballantine asked that the prisoner should be committed to take his trial on the two charges of forgery and perjury. Mr. Sleigh—Now that my friend the learned ser geant has laid the whole of his case before you, I will, in pursuance of the instructions I have re ceived, proceed to put you in possession of the real facts upon which I shall be able to give an entire answer to that charge. My friend was quite right in his law with regard to the obtaining of another person's signature, but he hardly went far enough, for the whole question will turn upon the fact if Mrs. Bellis were in a fit state of mind to make a will. If she were, and Dr. Jones obtained her sig nature to the will produced, either by his own hand or hers, with her full authority, I cannot see how any one can make it forgery. I will call Mr. Fitch, as well as the attesting witnesses to the will, and other persons, who will all depose to Mrs. Bellis being in full possession of all her faculties, and con sequently in a disposable state of mind with regard to making a will, and then I shall ask you not to send Dr.' Jones for trial upon such a charge. The learned counsel argued very forcibly and at some length upon the facts already in evidence, and then called Mr. George Fitch, who said—l am a solicitor. My office is at 23, Southampton-street. I know Dr. Jones, and have acted professionally for him prior to February last. On Tuesday, the 12th of that month, I went, at Dr. Jones's request, to Mrs. Bellis's house. I there found Dr. and Mrs. Jones. He introduced me to Mrs. Bellis anti told her i had come to make her will. I asked her if I should take her instructions, but she said " No." She wanted some wine, upon which Dr. Jones sent for some champagne and gave it to her. She then said her cough was troublesome, and asked for paragoric and squills, and Dr. Jones left to get her some. I waited about an hour, anl then went away in the belief that she was not in a fit state of mind to make a will. On the following. day I)r. Jones sent for me to his house in Woburn-place, and I there found Mrs. Bellis sitting up in a chair by the fire, and ap parently well taken care of. Her manner was en tirely changed, and she said she was so uncomfort able at the other place that she could not make a will. I requested Dr. and Mrs. Janes to leave the room, but Mrs. Bellis wished them to remain. I declined to draw the will in their presence, and they left. Nothing up to that time had been said to me by any one about the property being left to Dr. Jones. She gave me instructions to make her will, and I reduced them into writing. Mr. Sergeant Ballantine—This witness cannot give in evidence what Mrs. Bellis said to him in the absence of Dr. Jones. Mr. Sleigh—l was about to ask in what manner THE EXTRAORDINARY WILL CASE. David Griffiths Jones, who was described as a surgeon, of 42, Woburn-place, was placed at the bar of the Gaildhall police court yesterday, before Alderman Hale, for further examination on the charge of feloniously forging and uttering a certain document, purporting to be the last will and testa ment of Mr. Sophia Bellis, now deceased. Mr. Sergeant Balantine, instructed by the At torney-General, and Mr. Humphreys, jun., of the firm of Humphre:Ts, Son, and Morgan, conducted the prosecution on behalf of the Crown, and Mr. Sleigh, instructed V Mr. Lewis, jun., appeared for the defence. Mr. Martin (the Chief Clerk), having read over the evidence taken on two former examinations, Mr. Sergeant Ballantinesaid - -Before calling any further evidence will briefly state the course I propose to pursue and the facts I am in a position to prove. The laly whose it appears, been so often mentioned in thes3 proceedings, appears, was a natural child, and if she died intestate her property would, under suck circumstances, go to the Crown. At the time referied to she was suffering from an affection of the heart and dropsy, and certainly in an unfit state to flake a will. The question, there fore, is, whether Dr. Griffith Jones, having got her into his power, prevailed on her to make a will or not, and in default, if ho had or had not ma nufactured a wil. himself. It will also be a ques tion for a jury whether the signature w hich I shall put in evidence is in Dr. Jones's hand writing, or that Dr. Jones used her hand, she being in a state of tota' inability at the'time to sign the will which has been produced, but whether he actually wrote tlat signature with his own hand or with her hand is immaterial if it was done without her authority and. against her wishes. The crimi nality was the same, and the offence in either case would be one of forgery. There is no doubt that she desired Dr. Jones as her medical attendant, or that he visited her on the 13th, when she was not in a fit state to be removed. However he seems to have got an attorney of the name of Fitch, whom he previously took to the house of the deceased lady, and there is no doubt they both endeavoured to induce her to make a will ; for among the papers found in the prisoner's possession is an unexecuted will, by which the whole of her property was be queathed to Dr. Jones. If such endeavours were made they proved unsuccssful while she was sur rounded by respectable people, and they therefore contrived a plan to get her into their own power, and with the assistance of two persons who are attesting witnesses to the will in question, they re moved her at two o'clock in the afternoon of the 13th. Among her acquaintances was a person of the name of Sharpe, to whom she was at one time engaged to be married, but lie got into difficul ties and left the country. Mrs. Bellis was exceed ingly anxious to find him, and although he was also acquainted with Dr. Jones and visited his patients for him Dr. Jones did not inform him that he was attending Mrs. Bellis, and in fact Dr. Jones did not even know her right name, as she was then passing as Mrs. Capell, and he had, through his wife, to apply to Sharpe for her real name. One remark able circumstance is, that although Sharpe was living in Jones's house at the time Mrs: Bellis died, he was kept in ignorance cf her being there. Neither was Mrs. Thais aware that Sharpe was under the same roof. 1 will produce the two wills refered to, and call Sharpe in support of the facts : have men tioned with regard to himself. I bay mention here that neither Fitch nor the attestng witnesses are included in the present charge, so that the pri soner may call them it he thinks proper to prove the signature of the will. - If lie be able to establish it as a genuine will, there will be at end of that case ; hut there is another matter in which I shall be able to show that Dr. Jones committed wilful and corrupt perjury in the Court of ?robate, upon which I shah also ask for his committal. The simple question at present is—Did Jones with his own hand, or by the hand, of a woman past all capa bility of acting for herself, procure h,r signature to this will, at a time when she was net in a state of mind to enable her to dispose of her property. Dr. Murphy was then called, andsaid—When I saw Mrs. Bellis on the morning that she died I did not observe any writing material in the room, neither did I hear anything of her having made, or being about to make a will. Cross examined—l did not look about for writ ' ing materials, but they might have teen there with out my noticing them. Mr. Rodman, a clerk in the Coat of Probate, was called to produce an affidavit bade, and pur porting to be signed, by David Grifith Jones. Mrs. Mary Lyne Calvert said—l keep a board ing-house at 31, Fitzroy-square. The deceased lady came to live at my house on the 13th of last December. She passed by the nameof Mrs. Capell. She was in a very bad state of health, and could scarcely see to write, and when she did she used to place the papa close to her eyes She used to write letters which were scarcely ntelligible, and I used to copy them for her. bhe was always calm and collected until Dr. Jones came to attend her. I called him in at her tecpiest, and the first time he came was on the 11th of February last. Mrs. Jones came first, and after being some time with the deceased, shewent away, and returned in the afternoon with tr. Jones. They left between five and six o'clock, aad I then found Mrs. Capell in a very excited state, much more ex cited than I had ever seen her befox. On the 12th of February he came again and I asw him about nine o'clock. He said in her presere that she was better, but she said she was sure shewas worse. I told him she had had a dreadful nigkt, and he said he expected it. I saw Dr. Jones abaut one o'clock the same day. He and Mrs. Jones were there all day alternately. During the afternoib two strange men were introduced into Mrs. Cape's bedroom, which was on the ground floor. I lArd no men tion made of a will. She was removid in my ab sence between twelve and one o'clock (Si the 13th of February. She was deaf and nkarly The signature of Sophia Bellis is not it her hand writing. Cross-examined—On the 3d of Februrry last she asked me to write to Dr, Jones. At that time she was in a sinking state.. She did not sa he was a friend she could confide in, but thinking she was dying, her doctor having told her thatshe could not recover, she wished to try some other lystem of medicine, and therefore directed me to sent. for Dr. Jones. I wrote the letter word for word tcher dic tation, and remonstrated with her for statirg in the letter that she was not expected to live frog hour to hour, as 1 knew she was not so near deal. But she said, " Oh, I know him ; if I do not 'write so he will not come." She never told me sit ) had known Dr. Jones and had quarrelled with Ilia, She asked him as a Christian and a friend to corni. The letter pr o d uce d i s t h e one I wro t e f or he r : "31, Fitzroy-sql4re. " Sir,—At th e reques t o f M rs. C ape ll, w h o i s tmy house, and believed to be in a dying state, allow be to request from her that you will call upon her iromeditely, as she has something upon her mind to communicate tCyou, which she thinks will relieve her in her present state. She begs that nothing that has taken place heretofore maylre vent you calling, as it is a matter of life and death, and assures you that any misunderstanding that has ever 'ellen place shall be mapt satisfactorily cleared up, and mph) she gave those instructions, as her demeanour would i show if she were in a - disposing state of mind or not. Alderman Hale rnled that the conversation be tween Mrs. Bellis and the witness was rot evidence, and therefore could not be received. Mr. Sleigh objected to the ruling, and asked that a note of his objection should be placed on the de- positions,__ Witness—The iittructions did not take me long, but the interview lasted four hours, during which she sent for Mrs. Jones, and inquired how many children she had. The will was not executed at that interview, but I remained in the house, and she said she would send for me when she was ready. I considered her a very shrewd, intelligent woman, and in full possession of her mental faculties. Dr. Jones came in about nine o'clock, and we went into her room. At half-past nine I asked her if she would execute the will, but she refused, saying she only wanted rest and quiet. She asked me if I thought she was going to die. I said life was un• certain with us all, and took my departure, leaving the will with Dr. Jones. Cross-examined—This is the only transaction I have had in making wills for Dr. Jones. I think he asked me once about the form of a will. I think it was about this very time. I never made any wills before for him. I believe net. I cannot recollect if I gave him the form of a will, or whether I altered one for him. Ido not think it was Mrs. Bellis's will. I did not know, as it was merely a matter of a form. It was not on the Tuesday that he con sulted me. I might have told one of my clerks to give him a form. Ido not recollect that he did. I do not recollect if my clerk supplied him with another form or not. I tell you I have an indistinct recollection of his consulting me about the form of a will. I did not, nor did my clerks draw up another will on account of Mrs. Bellis. Mr. Mr. Sergeant Ballantine—Look at this draft will, and see if you know the handwriting. Witness—This is a copy of a will I should say. It is in the handwriting of one of my clerks. His name is Grigg. It is Sophia Bellis's will, by which she leaves the whole of her property to Dr. Jones, and it purports to have been drawn up for Mrs. Bellis, of 31, Fitzroy-square. This will was not made at all. It was drawn up at my office. I keep a diary, but it would not appear in that.) tI do not direct my clerk to draw out an 3 thing with out charging for it. It would not be entered in the diary if I did not intend to charge for it. When I draw out a form for a friend I do not charge for it. I dare say it will appear in my clerk's book. I might have given instructions for the drawing up of this draft will immediately before going to see Mrs. Bellis. I saw her on the Monday. At that time she was a perfect stranger to me. It was only by the doctor's (Dr. Jones') instructions before see ing Mrs. Bellis that I knew she wanted to leave him all her money. Ido not say I remember the con tents of the draft will, but I see what it is. Mr. Sergeant Ballantine here read the draft will. Witness—My clerk wrote out that by my direc tion before I had seen Mrs. Bellis at all. I said I never knew anything was to be left to Dr. Jones, because I had not the slightest recollection of the transaction whatever. Mrs. Bellis was a name totally unknown to me. I confess to my recollec tion now that Dr. Jones called on me and asked me if such a will would do. Mr. Sergeant Ballantine—l am going to ask you about another will, which I will read : " This is the last will and testament of me, John Phil. lips, of Kingham, in the county of Oxford, farmer. In the first place, I direct all my debts to be paid, and give, and devise, and bequeath all my estate, real and personal,what soeverandi wheresoever, unto my dear friend Dr. David Griffiths Jones, of 43, oburn-place, Russell-square, Lon don, his heirs, administrators, executors, and assigns, ac cording to the several natures and qualities thereof respec tively, for his own absolute use and benefit, except that my niece, Mary Phillips, is to receive out of my said estate the sum of <£l,ooo sterling,to be paid 12 months aftermy decease, and the use of my house, New Cottage, situated at King ham aforesaid, during her lifetime, and I also give £lOO to the poor of the said parish of Kingham. I give and devise all estates vested in me by way of mortgage, or as trustee, to my said friend Dr. David Griffiths Jones, to hold the same to my friend Dr. David Griffiths Jones, his heirs, executors, administrators, and assigns, according to the qua lities thereof respectively, upon the trusts and conditions affecting the same. I appoint my said friend Dr. David Griffiths Jones sole executor of this my will, and hereby revoking all former wills by me at any time heretofore made; and I declare this to be my last will and testament, in testi mony whereof I have hereunto set my hand this 16th day of February, 1861. " JOHN PHILLIPS." Witness—l know nothing of that document. I never saw it before. I knew Mr. Phillips very well. Dr. Jones never consulted me about that will. The affidavit produced, dated March 23, and sworn to by Dr. Jones, was prepared by me. It was drawn up in my office. Mr. Sergeant Ballantine here read the affidavit, which was to the effect that no other will of any kind, executed or unexecuted, in Mrs. Bellis's name was in existence. Witness—When I drew up that affidavit I did not recollect the draft will. I was the attorney for the plaintiff in a cause of Harman v. James. I was not charged with perjury in that case. The Vice- Chancellor did not charge me with perjury. Mr. Sergeant Ballantine—Did he not say that it had been proved, against the evidence of the plain tiff and his attorney, that a certain conversation did take place which they had sworn did not occur? Witness—He might have said so. Richard Huthmans said—l am a mechanical en gineer at Oxford. Dr. Jones married my wife's niece. I was at his house on the Wednesday refer red to. Dr. Jones told me, in Mrs. Bellis's pre sence, that she had obstinately refused to see another medical man; but I recommended him to call some one in, and he sent the nurse for Dr. Mur phy. In the absence of the nurse, Mrs. Bellis ex pressed a wish to execute the will, and' Dr. Jones asked me to call up his man to witness it with me, and I did so, and on returning to the room I heard him assuring her that her wishes should be carried out, and that she should be buried by the side of her son Frank. Mrs. Bellis was looking at the will and Dr. Jones asked me to read it to her, but she said she knew the contents, and did not want it read. Dr. Jones then asked me to explain it to her, and I told her that by the will she was leaving all her property to Dr. Jones except £5OO to the Society for the Prevention of Cruelty to Animals, and she said that was quite correct. She then at tempted to sign the will, but her hand trembled, and the ink falling from the pen blotted the will. She hesitated at first because Dr. Jones asked her if her right name was not Isabella. She said no, it was Sophia, and she then asked Dr. Jones to assist her, and he held her hand while she signed her name to the will produced. I gave her the will, and she handed it to Dr. Jones. She appeared in full possession of all her mental faculties. Cross-examined —l have been a master of a work house, but have not been turned away. I did apply for a character, but it was refused. I know a place called Hadley, near Barnet. I paid Mrs. Bellis a visit there for Dr. Jones. I did not ask her for £5OO. I know Sharpe, but I did not tell Mrs. Bellis that for a certain sum of money I would tell her where Sharpe was. This was in the autumn of last year, and she said Sharpe owed . her between £7OO and £BOO. Re-examined—l have since received the highest testimonials from the vicar and the chairman of the board of guardians. I had a purse of 200 sovereigns presented to me for 18 years' service. Samuel Proctor, the other attesting witness, gave similar evidence, and in cross-examination said—l have been three years with Dr. Jones. He kept a hydropathic estab!ishment, and I was bath-man. I never visited his patients as a doctor. Susan Wells said—l was attending on Mrs.Bellis. I fetched Dr. Murphy about 1 o'clock on the morn ing of the 14th of February last, and within an hour after she was dead, and I read a chapter of the Bible to her on the Wednesday night, and she said she had a friend abroad to whom she should have liked to leave all her property, but afterwards she said she would leave it all to Dr. Jones. Cross-examined----I never saw Fitch, and never knew he was four hours with Mrs. Bellis. Mr. Sleigh said that was the case for the defence. Mr. Sergeant Ballantine said—My friend com plained of my observations about Fitch, but it now turns out that although he swore he knew of no other will, that one was found cut and dry, prepared by him, among Dr. Jones's papers, and all I have to say upon that subject is that I never heard of a respectable attorney pursuing such a course, and that the conduct of Fitch will be a matter for very grave consideration elsewhere. Alderman Hale—ln a case of such great import ance I certainly shall not take upon myself the re sponsibility of deciding. Where the evidence is so conflicting I think it should be left to a jury. Mr. Sleigh—With regard to bail, sir? Alderman Hale—l shall not take bail. The prisoner was then committed on both charges, but the formal committal was postponed until Friday to allow time for the depositions to be prepared. Locomotives were first dawned in the reign of Charles II.; constant Improvements have made them perfection. The same means have now so perfected Herring's magnetic brushes and combs that they restore the colour to grey h a i r, and cure neuralgia and nervous headache with all but un diphtheria, scarlatina, and un erringcertainty. N.l3.—Counterfeits are being made, (me es, es, 32, Ba,ingoall-street, London. l in u a m la e d a i s e l s e , s' no safer or more certain [ADVERTISEMENTI-110110Way'S Ointment and Pills. The Ointment should be well rubbed manySat'e Pills.— Safety o f t o h r e C r h i infantiledre n night and morning in the same into meat to preserve it. Froemmathne remedies can be prescribed than th:s cooling Ointment and theseunperont that purifyingahtesalt throat i s forced ry F ills. ce erdy damp, unsettled state of the weather colds and chest com plaints are now prevalent. They can bequickly cured by Holloway's remedies, which may always q be given with perfect safety. While the Ointment is used externally, the purifying Pills should be administered in regulated doses according to the printed directions, easily to be understood, which are folded round each boa, BILK4off OF _PROMISE OF MAR_RIAG At the Derby Assizes, on Saturday, the case of Radford v. Whittingham was tried. Mr. Macau lay, Q.C., and Mr. Field were for the plaintiff; Mr. Sergeant Hayes and Mr. Brough for the de fendant. It was an action to recover damages for a breach of promise of marriage made by the de fendant, Mr. Whittingham, a farmer, at Dalbury Lees, to Miss Radford, daughter of a small farmer at the same place. Damages were laid at £2,600. The plaintiff is a lady 23 years of age, and the defendant was between fifty and sixty years old, and he appeared in court in a blue smock. Mr. Radford—l am a farmer at Dalbury Lees. The plaintiff is my daughter. The defendant is between fifty and sixty years of age. In February, 1860, he called upon me. My daughter was away from home. She is a dressmaker, and lives with me generally. He came and asked if I knew his business. I said, " No." He said he had come to marry my daughter, and asked if I was willing. I said I did not want to part with her. He said, he could tie a thousand pounds upon her. I told him that I did not make matches for my daughter. Defendant (aloud) —Will you allow me to speak 3 word? (Laughter.) Mr. Sergeant Hayes—lle is a little excited, my lord. The gentleman is the defendant in the case. His Lordship—He must either go out of court or you must, Brother Hayes. (Laughter.) Witness—About a fortnight after, he called again. My daughter was then at home. I told my daughter to give him no encouragement. ge, said much the same as he said before. He s ta y ed till ten o'clock. My daughter has given up her business as a dressmaker. Cross-examined by Mr. Sergeant Hayes---/Ce began at once by asking my daughter to marry hira , He is in the habit of taking liquor. His Lordship—Not matrimony. Mr. Sergeant Hayes—Matrimony is a thing you cannot take too much of. Witness—He said he should not get drunk all more when he was married. When he came to my house he had had a little drink. He has been drunk at my house. Mr. Sergeant Hayes—Has he not been so drunk at your house that you have put him to bed ? Witness—We have put,..him to bed when he was sober. (Laughter.) Mr. Sergeant Hayes—What do you do with him when he gets drunk ? Witness—He sits and drinks tea until he is sober. (Laughter.) Several other witnesses were called to prove that the defendant had promised the plaintiff marriage , and that he was supposed to be possessed of £1,500. His Lordship summed up, and the jury returned a verdict for the plaintiff—damages, £3OO. COUNTRY MARKETS. COLCHESTER —JULY 27. . A fair supply of wheat, which sold at the prices give° last Saturday. Spring corn of all descriptions very dull. A few samples of new peas made 36s per qr., quality very good. Wheat, white 52s to 60s Beans, Mazagan..36 4to 420 red 44s to 56s I Middle & small 38s to 44 3 Barley —s to —s White peas 4- to 48s I Oats —s to —s Grey,. 38s to 440 CHELMSFORD—JULY 26. A limited attendance at market to-day, but a very fair supply of wheat, which maintained last week's prices. A brisk trade. Wheat, white 28s to 61s 1 Peas, Partridge ..44s to 4 5 ; ' red 37s to 57s 1 White 43s to 45 5 Barley 29s to 42s i Boiling ' 43s to 47 5 Chevalier ....32s to 45s j Dun 40s to 43 9 Grinding 26s to 87s Beans, Tick ... .393 to 48; Malt 61s to 67s Harrow Ticks 39s to 50s Chevalier 64s to 69s 1 Mazagan 33s to 453 Oats 26s to 31s I NOTTINGHAM--JULY 27. The supply of wheat was small to-day, -Ind former rata were obtained. Barley in limited show, but no business doing. Oats in moderate demand. In beans a small shell" at late prices. Super. flour. 46s to 525. Wheat .. 38s to 69s Oats.. 26s 0.36 0 White do 47s to 77s Beans 4os to 503 Barley 29s to 31s Ditto, old ........56s to 600 KIRKALDY—JULY 27. A large supply of wheat to-day, good of oats, and but small of barley. A ready sale. Good wheat sold at last week's currencies. Barley is dearer. Wheat I ~ Barley I Oats First.... 34s M 30s Od I 25s Od Second.. 53s Od 36s Od 29s Od I I Third .. 58s Od —s Od 32s Od :ET—JULY 26. the olose of the market Walls'End. s. d Heugh Hall 18 3 Cassop l9 0 Shindiffe 18 0 Kelloe ... .19 3 South Kelloe. l9 0 Haswell 2O 0 Russel's Hetton 19 0 Trimdon Hartlepool l9 6 Thorpe . . ..18 0 Hedley 17 6 Thornley South Hart1ep001......18 6 Trimdon Thornley....l7 3 South Hetton 20 0 Br~ddyll's Hetton... 19 0 Hetton .. 2O 0 llartlepool.. . 108 ; sold, .95. COAL MAR: (Prioes of Coal per Ton at s. d. Holywell 15 6 Eden Main . . 18 3 Carway and Dufftyn Malting 24 0 Do. Anthracite 21 6 Wylam Walker Primrose 12 9 Lambert's West Hart- _ ley 16 6 Howard's West Hart- ley 16 9 Tanfield Moor 13 3 Walls End. Durham 16 6 Stewart's 20 0 Byron . 18 6 Whitworth.. 15 6 Keiper Grange.... ..18 9 Ships at market, THE MAI LS. MAILS DUE. Australia, Celon and Mauritius via South ampton) ................Aug. IS , Do. (via Marseilles) Aug. 12. Brazil and Cape Verde Aug. 4. Buenos Ayres, Monte Video, &c. Cuba and Mexico •. .. July ‘.:9. Canada, &c. (via L'derry) Overdue. Cape of Good Hope, &c. Aug. 1. China, Penang, and Singapore (via S'ampton) Aug. 2. Do (via Marseilles) July 27. Gibraltar (via Southampton) .. .. July 26. India(Calcutta), Ceylon, &c. (via Southampton) July Do. (via Marseilles) July 27. India (Bombay), (via Southampton) .. July 26. DO. (via Marseilles) .. Aug. 4. Lisbon .. .. Aug. 1. Malta, Egypt, and Men (via Southampton) .. July 2 6, Do. t (via Marseilles) July 27. Vigo, and Oporto Aug. I. United States, California, &c. Aug, 1. Western Coast of Atrica, Madeira, Tenerifte .. Aug. 10. West Indies and Pacific, Cartbagena, Cuba, &c. July 29. [ADVERTISEMENT.]—We extract a few out of the roan/ thousand expressions of gratitude from invalids cured with out medicine by Du Barry's delicious Revalenta Arabi Food :—Cure No. 71. The Right Hon. the Lord Stuart de Decies, of many years' dyspepsia and all its horrors.—Cu re No. 49,832. " Fifty years' indescribable agony from dye' pepsia, nervousness, asthma, cough, constipation, flaw lency, spasms, sickness at the stomach and vomiting, have been removed by Du Barry's excellent Food. Maria Joiy, Wortham Ling, near Diss, Norfolk."—Cure No. 47,121. Miss Elizabeth Jacobs, of Nazing Vicarage, Waltham Cross, Herts, a cure of extreme nervousness, indigestion, gatherings? low spirits, and nervous fancies.—Cure No. 48,314. MO Elizabeth Yeoman, Gateacre, near Liverpool, a cure of ten years' dyspepsia, and all the horrors bf nervous irritability' , Avoid Pills and Medicines: they invariably aggravate and perpetuate diseases ; their annoyance, disapp o i n tmenti and expense may be avoided by using Du Barry's Foo u which, at a few pence per day, saves 5C times ita cost is other remedies, removing effectually, sk .thout pur gingl constipation, indigestion (dyspepsia) nervous, bilious an' liver complaints and all their consequences. Certificate No. 36,418. We find it the safest remedy. Andrew 1124 MD., P.R.S. Dr Harvey, Dr. Wurzer, Dr. Shorland, Dr. Campell. Let invalids avoid the fearful dangers of spin rious and injurious imitations offered under a variety of false pretences. Nevill's imitations are prohibited by 0 1 high Court of Chancery under a penalty of £5,000 againo Alfred Hooper Nevill and his agents ; and the pretences that Nevill has a patent for Arabica Food and that D l3 Barry's are connected with such patent are utterly NO. No canister is genuine without the name Barry Du Barry and Co., 77, Regent-street, in full, ontheseal and wrapper. Shopkeepers who attempt imposition in one article must expect to be distrusted in all others. Packed in tins 1111., 2s. l 9d.; 21b. 4s. 63. •5 b. lls. ; 121 b. 225. ; 241 b. 40s. The 121 b. and 241 b. canisters are sent carriage free on ,receipt of Post-office order by Barry Du Barry and Co., 77, 'tee gent-street, London; F or t nu m Mason, and Co. ; Abbiri 60, Gracechurch-street ; 4, Cheapside ; 63 and 1 ,50, Oa' bard-street ; 330 and 451, diam-streetf t s e tr a e - e d t eal ; Batty,r;p Petty, ,F.winsoboudry, an P d av c e o m ., en K t i ; nB. P .w hi i l i llp s an d Co: St rana d n ; d 4 a 9 ll an: ro g ce O r , , B:h o p,gattr City ; at 127 High 1-1611''' BIRTHS. s o t f , a at ''°ll i 0 DOWELL.—On the 27th inst., at Ford, Bideford, the w- f DA o V f33 , Ludgate-street, St. Paul's, the wife of John Davies, Esq , s . D , o f a daugh ter.iCEaftaionnnotwheell2Bßth.Nin ' ' HonGE.—On the 27th inst., at 57, R ussell. square, Mrs. •I Hodge, of a son. MARRIAGES. BACON—DRAKE.—On the 27th inst , at St. Giles, CE S berwell, Henry, son of John Bacon,. Esq., of East of with, to Annie, daughter of Thomas Drake, E s q . ' Peckham-rye, Surrey. T n rnes'l l tf DEEDES— TrIARcounT.—On the 27th inst at St. --.,-,-- oA William, eldest son of William. Deedes,. Esq., ISl.';a e ot Sandling-park, Kent, to Sarah Mary Sophia, the ol o d, daughter of the late Wm. Bernard Harcourt, Ekg. , niece to the Marquis d'Harcourt. DEATHS. HATCH.—On the 25th inst., Mr. William Hatch, o f — , ° Farm, Hanworth, Middlesex, aged 70. LARPENT.—On the 12th ult., during the passago fr 00 Calcutta to England, Sir Albert John de RoclioP l- Larpent, Bart., aged 45. NORRIS.—On the 27th inst., nt Syon-hill, Isleworthy James Norris, aged 72. TREE.—Ort the 25th inst., at 5, Randolph-road,:Maida- e west, Anna Maria Tree, relict of the late Cornelius Trej and mother of Mrs. Bradshaw, Mrs. Charles Near, a' Mrs. Chapman, aged 91. LONDON : Printed and Published by MURDO YOU N— a ': ( 4, No. 112, Strand, Printer, at THE ,SUN Office, No. 112,S, tr e a • A in the Precinct of the Savoy, is the County et 11/1 4 '" Tuesday, July 30, 1861. W Subs uE the P Comp libera An E Readi (14 a and 13, fr( Ter bi , Ex $, al Wary ha m ( (12s. turnil L' Eu L` RI tan To } To G To s To To rc Rum in L Eto t Tl he Con I4'R and see(