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

THE SUN, LONDON, TUESDAY EVENING, JULY 30, lB6l. THE THAMES EMBANKMENT. The Report of the Royal Commissioners upon the Thames Embankment will grievously disappoint not only about 50 unsuccessful authors of inge nious or magnificent designs, but, even more, all 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 not be 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, It is not in a very prodigal or poetical humour, se 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 ment 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 isee it. Instead of continuing the embankment and road east of Blackfriars, the Commissioners revert to the janc 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 Temp!e-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 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 snfficient 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 obstructions, 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 uture consideration 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 and 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 the lit of the Embankment. The materials for the of mb t ankment itself are close at h hand, in the bede river, which the Com missioners propose todredge so deep as to secure that the bottom shall notappear at any ordinary low tide. Of course, this would ions tof the grid es. be d one w ith ou t .; a caution regard to the fou n d a It is obvious that most of these minor recommenda tion e ere not co much distinct features es the neces sary me ins of ca rr y in g out the p la n. That plan is the simplest poseible 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 characterises, then, this report is a firm and e sn _ sistent determination not to go a step in advance of opinion and the plain necessity of the ease. 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 all ag reed on. They modestly hint that, since the thing i 3 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 Houses of Parliament. The Temple, indeed, is a pleasant oasis 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 to 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 houees looking upon it will soon brighten up into something better than they now are. If, too, the City and Westminster put on a new face, and c4n really admire their own - reflection in the water, we may be certain that the Borough and Lambeth before long will light up a smile of receenition, and follow the example of the opposite shore.— Times. lADv z , ----- - - Tlfitmt,,, T j rm glavate and . . s and medicine invariably ag ! af.pointrbeut,Pe a ri)ettiate diseases ; their annoyance, dis in indinerent healtelixPense may be avoided by person, S. Larry, E gg, 77, _ sending only. their address to E. gratis ai lelent-street, W., Londdn, and tiles_ 'xill receivP __ e r t ee by post the' "'INVALIDS' ~..;uinli or Natural LIDS' Ow:. ~nt,e, 01 perfect clige4-ittitm,to.rer, vithoht: medicine or ex .t.'iresiiing. sleep, to the me:atterirg nerves, tound lungs, and 0 .i ~,,:_ e stion wyfir,„ria,, _ on iee i bled, insuring the removal itriolsaulency, nausea, epilepsy, 'epilepsy, paralysis, debility, mien, liver complaints. rough, asthma. consumption, dropsy,' , r . .uaes, palpitatior. , diarrhoea, dysentery, biliousness, fevers, SOTe catarrhs, colds, wise 3 in the cars. rheumatism, gout, impurities, hysteria, nouralgin, irritability, sleepiejnuesTiatsci eruptions, tation, heartburn, headache, despondency, era/1, 44Y ' Pal Pi. t ',inking'. tits, bronCliftis.—"UuOuestionably th e , P a s lu i_ m _ rns , to be pith," .. _ ‘lw ASSIZE INTELLIGENCE. MIDLAND CIRCUIT.—DERBY, JULY 29. CROWN COURT. (Before Mr. Justice Willes.) 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 bad been a man of industrious and frugal habits, and He had managed to acquire some house property. 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 nam ed _ . Aaron Aldred, and they lived the next d oor to him. In the next house lived a man name d Isaac Aldre d, but he was no relation to Aaron Aldred. On the h l s o t us o e f o N t. I t a h y e d t h e e e e a s o n e l d y w p a a s r t t i h e s e f w a t h h o e r r , e t s h i e d e e d l d e i snt son (the prisoner at the bar), who is 21 years of age ; 12 the next brother, who is between and 1 3 years of age. Those were the Ist o nly_in mates of the house on that day. On the of y the deeeased was at work with his second son, Henry, at shoemaking, the eldest son (prisoner), being engaged at the manufactory of Messrs. Ball and Son, Ilkeston, whilst the youngest son went to school. The deceased, and Henry, his son, thweorlkstedofmy, and then until a after seven gnoa'cvle over, when in the e e e n the veni ngof 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 sons, 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, I am 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 reportt 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 earner 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," at 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 way 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. Davis 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 waited £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 want it to shoot birds with," and prisoner replied, "I oat wwoday powder rh t eai and ta t , o acpta s ilizi. t ,e a ,s r , t_ sla p iye i ginego boughtns with the pi when sto they come went to a shop kept by a Mrs. Carr and purchased he only wanted it for one then charge. He accompanied then returned 'l to the Tom Moody, and girl, whose name was Elizabeth Whilst i there he pulled Meakin, to her out a pistol and show.ed byt to her, and she asked him what he meart, carrying it in that I wa y ? He replied, f t a o th u er se off it end i s f e gy n said to the girl, a ny one does ilsho m o e t., ?ny p. h r a i i s ass on , er i g f e t i mh n r e ot g t jo r t gs r ah e ma t returned nebdv ev ening totr t a n e Tom bloods, 11eston " Don't tell Davis that I have got a pistol." Davis and the prisoner left Prisonerand at 7 o a ' n e d loc t rs k h left the prisoner, and directly where they arrived Davis.about half -past 7 o'clock. At Ilkeston Henry afterwards the latter was joined by a man named Reuben Davis, and they walked up t h e street to gether. Prisoner handed over part of the caps h e had purchased at Nottingha m to Rueben .Davis, and on e going g past lininlgein and get ehr hisfathhouse,eadthaendperht.seoenseer said h . The prisoner directly afterwards joined Davis, at the Queen's Head public-house , remained there for some time, the anßdutchbe7, prisoner t out once to send a little girl to a Mrs. Gregory g rego°riy 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 Qaeen's Head about 10 minutes before 12 o'clock ; r and , directly afterwards two women were passing close.to the house of the deceased, having a candle io their hands, arid they siw 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 powerfdl appeal to the jury on behalf of the prisoner, contending that the de ceased committed suieith , by shooting himself. The Judge summed up at great length, and the jury returned a verdict of " Guilty of Murder." The Judge then, in as inkluessiee address, sea- 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. TIIE 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 attonding 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. On 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 not stop with them. There was nothing particular in thejangling 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 bad 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 for a minute with Mis. 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 hearinc , 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 he 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 sfruck 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 said something which she could not remember. [During the evidence of Mrs. Macartlar 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, air. Westbrook was denied. Sergeant Watts was directed to search the house, as two 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 t!,e inquest room), similar to the evidebce 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. Shebelieved that Mr. Westbrook did not in tend to injure Mrs. Cathrey. Mr. Cathrey, on being recalled, said he under stood the 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 anything else at h sa a i n d d sh would have been thrown in the height knew the of passion. t 'l lhl i ee a r r o y f t A h n e n d E:re, of No. 5, Cleveland-row, St. J ames ' s, to New Cavendish -street who ish h:d been brought from her resi decewaasdthe wife of a gentleman. She i l °t w e 'a Ml s told while in t stree I t n on co T n h s u eq rs u d e a n y ce eve o n f in a g. le s tt h e e r e h a e t h drawing-room Mrs, Cat hbr by Cathrey, r s s h . e wentJames tl - tt Mrs. Cathrey had been wounded with a the knife. Mrs. Macarthy then came ir:. Mrs. Bryant was pre- . sent. and told her something resia t i 8. matter. Mrs. Bryant w'as again called in. Witness continued—Mrs. Bryant seemed much ag i ta ted, 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 wound could not have been inflicted in the way she described. She then said that Mr. Westbrook , took up the knife and walked ik t: tthheatendof (throwing th ne e table to Mrs. Cathrey, and went lr , you appitr_entl , y , against some per son) sa y in g " Take that rll nd d anger the Deputv Coroner—Mrs. Cathrey had often said Mr. 'Westbrook was a very violent an oils y m an. She had not said she was in fe ar 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. 7 Mr. Westbrook here regretted that he 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 Mr. W. of his sister, who was going to India, which he painted instead of Mrs. Macarthy, that she would have her revenge upon him. Mrs. Macarthy said 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 " 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 returned 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. 3 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 hn- on the Tuesday, and on 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 a' 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 no 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 {lre 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 wan 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 me • 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 Iluthmans, 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 Dr. 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, an d 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--I 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 and 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 De. Jones left to get her some. I waited about an hour, aid. then went away in the belief that she was net in a fit state of mind to make a will. On the following day Dr. 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 mannerwas 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 th give in evidence what Mrs. Bellis said t o him in e absence of Dr. Jones. Mr. Sleigh—l was about to ask in what 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 Ballantine, instructed by the At torney-General, and Mr. Humphreys, jun., of the firm of Humphreys, Son, and Morgan, conducted the prosecution on behalf of the Crown, and Mr. Sleigh, instructedby Mr. Lewis, jun., appeared for the defence. Mr. Martin (tle Chief Clerk), having read over the evidence taken on two former examinations, Mr. Sergeant liallantine said—Before calling any further evidence I will briefly state the course I propose to pursue and the facts I am in a position to prove. The hdy whose name has been so often mentioned in these proceedings, it appears, was a natural child, and if she died intestate her property would, under auth circumstances, go to the Crown. At the time refe:Ted to she was suffering from an affection of the heart and dropsy, and certainly in an unfit state to make a will. The question, there fore, is, whether Dr. Griffith Jones, having got her into his pcwer, prevailed on her to make a will or not, and inllefault, if he had or had not ma nufactured a will himself. It will also be a ques tion for a juai Whether the signature which I shall put in skidemlif is in Dr. Jones's hand writing, or the:, Dr. AVM used her hand, she being in a state of total inability at the time to sign the will which has been produced, but whether he actually wrote that 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 t) 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 donbt 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. Tones. If such endeavours were made they proved unsuccessful 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 he got into difficul ties and left the country. Mrs. Bellis was exceed- ingly anxious to find him, and although hewas 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 of her being there. Neither was Mrs. Bellis aware that Sharpe was under the same roof. 1 will produce the two wills referred to, and call Sharpe in support of the facts I have men tioned with regard to himself. I may mention here that neither Fitch nor the attesting witnesses are included in the present charge, so that the pri soner may call them if he thinks proper to prove the signature of the will. If he be able to establish it as a genuine will, there will be an end of that case ; but there is another matter in which I shall be able to show that Dr. Jones committed wilful and corrupt perjury in the Court of Probate, upon which I shall 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 her signature to this will, at a time when she was not in a state of mind to enable her to dispose of her property. Dr. Murphy was then called, and said—When I saw Mrs. Beilis on the morning that she died I did not observe any writing materials 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 been there with out my noticing them. Mr. Rodman, a clerk in the Court of Probate, was called to produce an affidavit made, and pur porting to be signed, by David Griffith 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 name of 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 paper close to her eyes. She used to write letters which were scarcely intelligible, and I used to copy them for her. She was always calm and collected until Dr. Jones came to attend her. I called him in at her request, 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, she went away, and returned in the afternoon with Dr. Jones. They left between five and six o'clock, and I then found Mrs. Capell in a very excited state, much more ex cited than I had ever seen her before. On the 12th of February he came again and I saw him about nine o'clock. Ile said in her presence that she was better, but she said she was sure she was worse. I told him she had had a dreadful night, and he said he expected it. I saw Dr. Jones about one o'clock the same day. He and Mrs. Jones were there all day alternately. During the afternoon two strange men were introduced into Mrs. Capell's bedroom, which was on the ground floor. I heard no men tion made of a will. She was removed in my ab sence between twelve and one o'clock on the 13th of February. She was deaf and nearly blind. The signature of Sophia Bellis is not in her hand writing. Cross-examined—On the 3d of February last she asked me to write to Dr, Jones. At that time she was in a sinking state. She did not say he was a friend she could confide in, but thinking she was dying, her doctor having told her that she could not recover, she wished to try some other system of medicine, and therefore directed me to send for Dr. Jones. I wrote the letter word for word to her dic tation, and remonstrated with her for stating in the letter that she was not expected to live from hour to hour; as 1 knew she was not so near death. But she said, " Oh, I know him ; if I do not write so be will not come." She never told me she bud e e 3 i shall Dr. Jones and had quarrelled with him. She asked him as a Christian and a friend to come. The letter produced is the one I wrote for her : " 31, Fitzroy-square. " Sir,—At th e requ est of Mrs. Capell, who is at my house, and calling, ie m ved to be in a dying state, allow me tb request shequet from h er th a t you w ill ca ll u p on her immediately, as _.has somethi ng up(m. her mind to communicate to you, which she thi n k s will relieve her in her present state. She , bags that n ot hi ng that has taken place hereto f ore ma y pre vent place a o s st it sa i t s is a fa ra ct a or tt il e y r of life atp, n l d a d n ea d tl a i m , and ple assures you th a t any m i sunderstand i ng t h a t h as ever t a k en p she gave those instructions, as her demeanour would show if she were in a disposing state of mind or not. Alderman Hale ruled that the conversation be tween Mrs. Bellis and the witness was not 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 instructions 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 Ler 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. 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.) lI do not direct my clerk to draw out an) 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 soeverFand wheresoever, unto my dear friend Dr. David Griffiths Jones, of 43. Woburn-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 abselute use and benefit, except that my niece, Mary Phillips, is to receive out of my said estate the sum of £l,( 00 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 byme 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--I '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 establishment, and I was bath-man. I never visited his patients as a doctor. Susan Wells said—l was attending on Mrs, Bennis. 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—l 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, y g d e a s, but the formal committal was postpone d unti to allow time for the depositions to be prepared. Locomotives were first dawned in the reign of Charles IL; constant improvements have c a t i m on a . gn T et h ic e fenrzleetetdh e i m i er p ri e n r g fe , same means have now so P brushes and combs that they restore the colour to grey hair, and cure neuralgia and nervous headache with all but un erring certainty. N.B.—Counterfeits are being ma d e. _ _ no safer or more 32, Ba,ingtiall-street, Loudon. off ices, [AnvEnTisnmENT.]—Holloway's Ointment and Pill SAfety for Children —in measles, diphtheria, scarlatina, Pills.— Safety certain rubbcd L, O e in w t e m ll ent and remedies t in h apt otheri an: be nn tire l l ic r m i l i a ) , e i h i a l e d t o i l e i ;a u n t a t i h e this Cooling the throat every night and mornine. in ma 'Tn that salt is forced into meat to preset ve it. Frem the r ou t the Nveather colds and chest corn ,, the Same man- They can be quickly cmed by damp, unsettled 6tlte of plaints are now prevalent. Holloway's remedies, !which always he given with perfect safety. Whi!e the Ointment purifying Pills should be adnlinistei.e i d s u in sed re e g x u te l r a n te a d ll3 d , , o t s b e e s according to the printed directions, easily to be understood, wllich are folded round each boy. BREACH OF PROMISE OF MAR.RIA At the Derby Assizes, on Saturday, the case of Radford Y. 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 actiimn to recover dama ges 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 X 2,500. 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 ova)" from home. She is a dressmaker, and lives with me generally. He came arid 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 I said I did not want to part with her. H sall he could tie a thousand pounds upon her. tole him that I did not make matches for my daughter. Defendant (aloud)—Will you allow me to speak s word? (Laughter.) Mr. Sergeant Hayes—He is a little excited, my lord. The gentleman is the defendant in the ease' His Lordship—He must either go out of court er you must, Brother Hayes. (Laughter.) Witness—About a fortnight after, h e c alled again. My daughter was then at home. I told my daughter to give him no encouragement. 19 , said much the same as he said before. He stayed till ten o'clock. My daughter has given up he r business as a dressmaker. Cross-examined by Mr. Sergeant Hayes--fl e began at once by asking my daughter to marry He is in the habit of taking liquor. His Lordship—Not matrimony. Mr. Sergeant Hayes—Matrimony is a thing Y° cannot take too much of. Witness—He said he should not get drunk WI more when he was married. When he came to mi house he had had a little drink. He has been drunk at my house. Mr. Sergeant Hayes—Has he not been so druel‘ 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 sober. (Laughter.) Several other witnesses were called to prove that the defendant had promised the plaintiff ma rriage; and that he was supposed to be possessed t° I £1,500. His Lordship summed up, and the jury returned' a verdict for the plaintiff—damages, £3OO. COUN2'RY MARKETS. COLCHE ST ER —JuLv 27. A fair supply of wheat, which sold at the prices gile i f last Saturday. Spring corn of all descriptions very du.; A few samples of new peas made 36s per qr., quality ire" good. Wheat, white s2s to 60s Beans, Mazagan..36 to 41", red 44s to 56s I Middle & small 3 8 s to 44' Barley —s to —s White peas 4- to 400 I Oats —s to —s Grey,. 3Bs to 44. 110— JULY 26. fai r arket to-day, but a very P" k stained last week's prices. Peas, Partridge-44s to 45 1 White 43s to q 5 Boiling 43s to 4is I)un 40s to 4S' Beans, Tick 39-3 t o 48' Harrow Ticks 39s to !" Mazagan 33s to 4° CHELIVI SF 0 A limited attendance at me supply of wheat, which main brisk trade. Wheat. white 28s to 61s red 37s to 57s Barley 29s to 428 Chevalier 32s to 45s Grinding 26s to 37s Malt 61s to 67s Chevalier 64s to 69s Oats 26s to 31s NOT TINGHAM—JULY 27. The supply of wheat was small to-day, ind former ritt es were obtained. Barley in limited show, but no busineo_,, doing. Oats in moderate demand. In beans a small o ho" at late prices. Super. flour. 46s to 5,5. Wheat ....38s to 69s I Oats.. 26s to 65 , 05 White do .. 47s to 77s I Beans 4os to 0 Barley .. ..29s to 31s I Ditto, old ........56's to 6e. KIRKALDY—J 27 A large supply of wheat to-day, tax . be good of oats, and t small of barley. A ready sale. Good wheat sold at lag week's currencies. Barley is dearer. Wheat I Barley Oats First.... 34s M 303 Od 25s Od Second.. 539 Od I 36s Od 29s Od Third .. 68s Od I —s Od 32s Od ET-JULY 26. the close of the market ~.._ ~.___ __ WalleEnd• s. cl• 18 3 Heugh Hall .......... 0 Cassel:, .......18 va 19 . Shineliffe K elloe South Kelloe. 19 0 Paswell 2O 0 Russel's Hetton 19 °, .. • • Trimdon Hartlepool l9 v Thorpe 6 Hedley .. 17 a Thornley .. .17 l' a South Hart1ep001......18 11 Trimdon Thornley.... l7 a South Hetton ...20 " 6 Brf ddyll's Hetton ..... 19 • a H e tt on .......•20 '4 I Hartlepool..... ....... 19 " 108 ; sold, 95. COAL MAR (Prices of Coal per Ton at s. d. Ilolywell 15 6 Eden Main —lB 3 Carway and Duirryn Malting Do. Anthracite-21 6 Wylam l5 6 Walker Primrose 12 9 Lambert's West Hart- ley 16 6 Howard's West Hart- ley ..16 9 Tanfield Moor l3 3 Ils End. Durham 16 6 Stewart's.... 2O 0 Byron ......18 6 Whitworth 15 6 Keiper Grange.... lB 9 Ships at market, THE MAILS. MAILS DUE. Australia, Ceylon, and. Mauritius (via South ampton) .. .. Aug. 1 1 81 , Do. (via Marseilles) Aug. , Brazil and Cape Verde Aug. Buenos Ayres, Monte Video, &c. ~g, Cuba and Mexico .. July Canada, &c. (via L'derry) Overdue' Cape of Good Hope, &c. Aug. 2•, - China, Penang, and Singapore (via S'ampton) Aug. Do (via Marseilles) July 74 ,!' Gibraltar (via Southampton) .. J u ly `2 o i India (Calcutta), Ceylon, &c. (via Southampton) July --„! Do. (via Marseilles) July 20 India (Bombay), (via Southampton) .. .. July 2 6 ' Do. (via Marseilles) .. Aug. 4. Lisbon .. „. Aug. 1. Malta, Egypt, and Aden (via Southampton) .. July 26. Do. k(via Marseilles) .. July 21. Vigo, and Oporto .. Aug. 1. United States, California, &c. Aug. Western Coast of Africa, Madeira, Teneriffe Aug. 10 " West Indies and Pacific. Carthaßena. Cuba, &o. July 29. [ADVERTISEMENT.]—We extract a few out of the mall thousand expressions of gratitude from invalids cured wit,ll e ; out medicine by Du Barry de delicious Revalenta Ar abi, . Food :—Cure No. 71. The Right Hon. the Lord Stua rt Decies, of many years' dyspepsia and all its horrors.—Ce No. 49,832. " Fifty years' indescribable agony from dys pepsia, nervousness, asthma, cough, constipation, flatly' lency, spasms, sickness at the stomach and vomiting, hav e been removed by Du Barry's excellent Food. Maria Jollt Wortham Ling, near Dies, Norfolk."—Cure No 47,10' Miss Elizabeth Jacobs, of Nazing Vicarage, Waltham CrosOf Herts, a cure of extreme nervousness, indigestion, gathering s ,: low spirits, and nervous fancies.—Cure No. 48,314. M i t Elizabeth Yeoman, Gateacre, near Liverpool, a cure of t e ' P ate ills andiadeaeMeeedi;cinthesthey their ann invariablyaggravate eyaneeidisap pointroli al l years' dyspepsia, and all the horrors of nervous irritabili t f c i an pAevr ie ed x tu pense may be avoided by using Du B arr y's F which, at a few pence per day, saves 5C times its cost other remedies, removing effectually, without purg in g constipation, indigestion (dyspepsia) nervous, bilious all, liver complaints and all their consequences. Certifiaa: No. 36,418. We find it the safest remedy. Andrew I,I Z MD., F.R.S., Dr Harvey, Dr. Wurzer, Dr. Shorland, -"'. Campell. Let invalids avoid the fearul dangers of 8 1'1 rious and injurious imitations offered under a variety ,° 0 false pretences. Nevill's imitations are prohibited by tv o y high Court of Chancery under a penalty of £5,000 agaill, Alfred Hooper Nevill and his agents ; and the pretena that Nevill has a patent for Arabica Food and that IP' Barry's are connected with such patent are utterly WO: No canister is genuine without the name Barry Du Bari,' and Co., 77, Regent-street, in full, ontheseal and wrapper: Shopkeepers who attempt imposition in one article m l uO v s • 241 b 40s TI' S expect to be distrusted in all others. Packed in tins 2s. 9d.; 21b. 45. 63. ; 51b. lls.; 121 b. 22 • . . t 121 b. and 241 b. canisters are sent carriage free on receipt of Post-office order by Barry D u Barry and Co., 77, IV gent-street, London; Fortnum Mason, and Co.; Abbirl 60, Gracechurch-street ; 4, Cheapside ; 63 an d 150, Or bard-street ; 330 and 45 1 , Strand; 49 and 60 , Bishopsg ar" ; t c e i a t y - street ; Batty, 16, Finsbury Pavement ; and C'," William -stre et ' ; and all grocers, ;ealaetrsl2;7 Pett y, Hisr Wiloolobocbrnanci Co., Ring BIRTHS. DowEL L • — o n o t w he l 7 R th s in .: t o . f , a a s t on F . ord, Bideford, the w ife o f Captain Del DAVIE S.—On the 28th i ns t . , at 33, Ludgate-street, St' Paul's, the wife of John Davies, Esq ., S.D ., of a daug' ter. lIODGE.—On the 27th inst. at 57 Russell. square, Mrs. Hodge, of a s on , , , MARRIAGES. BACON—DRAKE.—On the 27th inst., at St. Giles, bcrwell, He nr y, son of J ohn Bacon, Esq., of East n o f with, to Annie, daughter of Thomas Drake, Esq . ' Peckham-rye, Surrey. D EEDES—HARCOURT.—On the 27th inst., at St. James' o 7 William, eldest son of William Mar e So p hia, M.P. , ,D Sandling-park, Kent, to Sarah Mary Sophia, the eld e 'a daughter of the late Wm. Bernard Harcourt, Esq., 833 niece to the Marquis d' Harcourt. DEATHS. HATon.—On the 25th inst., Mr. William Hatch, of 'A i( Farm, Hanworth, Middlesex, aged 70. LARPENT.—On the 12th ult., during the passage frl Calcutta to England, Sir Albert John de HoclacPle Larpent, Bart., aged 45. Norris.—On the 27th inst., at Syon-hill, Isloworth, Dire James Norris, aged 72. TRI:E.—On the 25th inst., at 5, Randolph -road Waida-b ill west, Anna Maria. Tree, relict of th e l a t e C orne lius Tre e j and mother of Mrs. Bradshaw, Mrs. Charles Kean, f ° Mrs. Chapman, aged 91. LoNnoN : Printed and Published by MURDO YOUN—• At No. 112, Strand, Printer, at THE SUN Odice, No,ll2,Sfr° l 4 : in the Precinct of the Savoy, In the County of Mid.dieW July 30. 18r4, GOI Tx: 1e, 2. It l en , abon A eq Ilndou by sever be obtatt R°N 9, Subscrii The P.ll' rniPan b eralit 3 O.IJA. lien q Sir bih~T' Charles 1 Charles ] Sit Welals t Joh . OTri sn , , r ;' s2l.2S ti 11,a ElaJis hn Thozadi a LIFE retire ZtonE ash muses Bl neelu .188 A , fter 1 a iit rate :111=weeded -•-•,.,, 4 tra Pr urns. LOAR ral lios, if 4" T ed an X •