The Sun. — London, England, 1857-01-15 00:00:00

LAW INTELLIGENCE—Jan. 14. COURT OF QUEEN'S BENCH. (Sittings in l3anco, at Westminster, before Lord Camp. bell, and Jcwtice:i Coleridge, WiL!htman, and Erle.) FELL V. BURCHETT-BEITISH BANK. This action was brought against a shareholder in the British Bank, to recover a sum of 331., which the plain- tiff hail deposited with the bank previous to its failure. The trial took place before Lord Campbell, at Guildhall, in December last, when a verdict was taken by c3nsent for the p'aintiff, with leave to apply to this Court to enter it for the defendant, Mr. Poipson now moved accordingly. The bank was founded under the ith and Bth Viet., c. 139, and the plaintiff had an account [current with it, the sum in question being at his credit when the bank closed its doors. The defendant was a shareholder when the debt accrued, and still cintinued so. The action wa• for money lent by the plaint ff to the defendant, and for money had and received by the defendant for the u,e of he plaintiff. Lord Campbell said the first question would be, was the defendant individually liable Mr. Phipson—Yes ; whether in addition to hi- , par liamentary obliiations, he is liable to be sued directly by every creditor of the bank. Lord Campbell—The Court will have no difficulty in granting a rule to show cau-e, and we should he glad if you could refer us to any a uthorities upon the point. Mr. Phipson said he believed there were no authori ties bearirg upon the question. Mr. Justice Erie observed that the question was whether an ordinary action of contract lay against a shareholder in a bank established under the JUnt-stock Banking Companies Act. In the case of" Stewart and Graves" it had been held that a creditor must proceed against the registered officer of the bank, and not against individual shareholders. Lord Campbell—The decision there was that they must proceed by the statutable remedy. Rule granted. BEATTIE V. LONDON, BRIGHTON, AND SOUTH COAST RAIL WAY. In this action, which was for the infringement of a patent for a lathe for turning and boring the wheels of a railway carriage at one and the same time, a verdict pas' , ed for the plaintiff, and a rule way subsequently ob tained for a new trial, on the ground of the verdict being against the evidence and of misdirection by the learned judge, Lord Campbell, before whom the case was tried. Mr. Bovill was heard in support of the rule, and Mr. llindmarsh against it. Lord Campbell said the Court thought there ought to be a new trial on the question of novelty, with reL;ard to which the evidence adduced at the trial was not satisfac tory. If the finding of the jury on that point should be in favour of the plaintiff, it would then be for the judge who tried the case to decide what, in point of law, the patent was used for. Rule absolute—costs to abide the result of the new trial. COURT OF COMMON PLEAS. (Sittings in Banco, before — Lord Chief Juetice Cackburn and Justices Cresswell and Crowder.) EX PARTE THE SOUTH-WESTERN RAILWAY COMPANY. Mr. Quain moved tor a rule calling upon the South Western Railway Company to show cause why a writ of injunction should not be issued against them, in con sequence of what he said was a contravention of the Railway and Canal Traffic Act. The application was made on behalf of Mr. Wm. Adolphus Marriott, the proprietor of an omnibus that plies between the Twicken ham station, on the Richmond and Windsor line, to Kingston, on the London and South-Western line. The applicant stated that his omnibus commenced running on the 27th October last, and conveyed passengers, lug. gage, &c., to the Kingston station, to be conveyed by the South-Western line. The Kingston station is sur rounded 1: a wall and railing, and can be approached only by passing through the iron gates which formed part of the railway. On the 15th of November the applicant was about to approach the said gates with his omnibus, when the servants of the company refused to admit the omnibus within the gates, which they shut against him. This same cour,e of conduct had been pur sued down to the present time, and the passengers had to alight at the gates and carry their lnirgage to the sta tion, a distance of 75 ffet. They complained much of that inconvenience, and on one occasion they lost a train in consequence of the delay so caused. There were om nibuses running from Leatherhead, and also from the old town of Kingston, to the Kingston station, and they were admitted within the station yard ; the only car nate, public or private, which was excluded being the applicant's. His omnibus passes through the town of Kingston, and might so far be considered a competing omnibus with that running to Kingston. The applicant furnished great public accommodation to passengers vell , ng from Twickenham, Teddiagton, and Hampton- wick, he taking by his omnibus at least 50 persons a day each way. The act of Parliament said that railway com panies should not give any undue or unreasonable pre ference to, or in favour of, a n y p ar ti cu l ar p e rson or com pany, and it was submitted that such preference had been shown in this case. Rule granted. FOWIA V. THE OFFICIAL MANAGER Olt TIE ROYAL BRITISH BA.Z4 IL. This matter had been before Mr. Justice Willes at chambers, but he had referred it to the Court ❑pon the terms that the defendant should undertake to show cause against the rule in the first instance. Mr. Lush and Mr. Beasley moved the rule, and Mr. Hugh and Mr. Melli:h showed cause. Mr. Lush said that the plaintiff was a judgment cre ditor of the bank for 5761.164., and 'the present motion was for leave to issue executor❑ for tbat amount against Mr. Beattie, a shareholder in the bank, and registeredas such in the last memorial filed by the bank. His case would be that the defendant was concluded by his being mentioned as a shareholder in the memorial, hut if the Court thought otherwise his friend would then say that the defendant bad purchased his shares in the hank upon representations made by the directors which were false and fraudulent, and that, as he had purchased in conse quence of the fraud of the directors, he was not liable upon this application. The first question was whether the defendant was concluded by his name being in the la-t memorial filed. The statute 7th and Bth Viet., cap. 113, enabled the Crown to grant charters of it.corpora Lion to banking companies, but the 16th section enacted that within three months afterwards, and before the commencement of business, the bank should file a memorial setting nut the names and addressee of the various members of the c , mpany. It was further enacted that they should every year, between the 28th February and the 25.. h March, file an annual memorial of the members of the company, anti shout also from time to time, a; the occasion might require, file other memorials, stating who had become new members, and who bad ceased to be members of the compley. The object of this enactment was the protection of the public, and to enable people to know of whom they were to obtain payment of debts. The 21st section was in these terine —" Be it enacted, that the names of the persons who shall appear in the then last delivered memorial arid their legal representatives shall he liable to all legal proceed ings under this a 't as existing shareholders of the com pany, and should he entitled to he reimbursed as such existing &iarehelders on) , out of the funds of the com pany for :'l losses sustained by reason thereof." Mt. Jte.tice Cress well—You do not go so far ac to say that if the official return is made, and names are inserted of persons who never were shareholders at all, that they would become liable ? Mr. Lush said it was not necessary .to his case to do so. Mr. Justie, Cresswelf —There has been one case of that kind—the Imperial Batik of Manchester and the adjoining districts. In that case the manager returned on oath a list of persons as shareholders who never were shareholders. The bank was supposed to have a capital of a million or two, whereas the only paid-up capital was 5,000 t., and with that amount they had opened nine different branches. Mr. Lush sail that was not similar to this case. Here the defendant had purchased the shares and signed the deed, and so authorised his name to be inserted in the memorial, and he did not repudiate his liability until after bankruptcy bad taken place. The memorial had been filed in a bortra fide manner, and he, therefore, sob- Initted that under ,hat state of things the defendant was liable to have execution issued against him. , The Geirt, intimated a desire to take time for conside ration of the matter. Judgment was accordingly postponed. Letter; from well informed parties at St. Petersburg S tate that th e great r etussiari railway project will probab l y be brought forward at a very early date. Actor iing to the represeetatiene studiously put forward in Russia, the great house of faieglitz and Co- were parties r 0 the contract, tigether with the credit Mobilier S , ciety. Messre. 11 "1 3 ', Paring, & e . In the copies of the con tract received in Loedon, however, the came of Messrs. Stieglitz i s wareir4. j Aevearnessimer. 1-- Seine. A ['RARING SPECTACLES, POWERPITL TELP,Roapits, OPERA, RACE, AND PERSPECTIVE GLAA SES. - -sfeßsrE. S. and •: q,olonions, oticians, 39 Ailse rearle-etreet, Piccadill y. Observe—oppos p , e York .By i*er Nt a j esty ' s R oyal Letters Patentite for th valuable Hotel and extraordinary improvement s in the most powerful and brilliant Telescopes, Camp, Racecourse, Opera, and Per. apective Glasses, to know the distances. These telescopes possess such extriordinary powers that some three and a-half inches, with an extra eye-piece, :fill show distinctly Jupiter's moons, Saturn's rine, and the double -,tars. With the same teleecope can no seen a person's countenance three miles and a half distant, and an object from IR to 20 miles. They are of larger ended sizes, with increasing cowers aceordingly.—Tne Royal Exhibition, 1851. Valuable, newly-invented, very sins'', powerful waistcoat-pocket glass,the size of a walnut, by which a person can he seen and known I i miles distant ; they answer every purpose on the race-course, and at the op era h ouses, country scenery, and ship s are clearly seen at 8 to 10 miles, They are invaluable for shooting, deer-stalklue, yachting, to sportsmen, gentlemen, gamekeepers, and tourists. Open, race-coarse, camp, aed perspective glasses, with wonderful power. Newly-constricted Spectacle Lenses of the great. esltransparent power. The valuable advantage derived rem this invention is, that vision becoming impaired is preserved and strengthened, and very aged persons are enabled to employ their sight at the most minute occr. patioo—can see with these lenses of a much less magnify. jog power—and they do not require the frequent changes t o the dangerous effects of further powerful assistance. Persons can be suited at the most remote part of the world, by send/ rig one of the gl asses out of their spectacles in a letter, and stating the distance from the eyes they can read Erman newspaper print with it; and those who have of spectacles by stating their age, Deaf not made use . N ew Discovery. The Organic Vibrator, an ex ness. ,powerful, small, newly-invented instrument for deafness,of,iinareyntirey different from all others, to ' rriSee any- 'e, kind tha + . has been, or probably ever can o thing of the produced. Being of the same colour as the s ki n, i s not per ceptible d ea f p ersons to hear disti nc tl y at church • Ible , it enables and at publics assespbliee the unpleasant sen sa ti on of singing noises in the ears is (nth • . , !p, ji— removed.; and it &Mints all th e assistance that possibly could be desired.-39, AP=emarle- treet, Plooactilly. ebserve--opposite the York Hotel. Tile GREAT GOLD ROBBERY. CENTR kL CRIMINAL COURT--JAR. 14. SECOND DAT. [The folio wing appeared in part of our impression of yesterday -] (Before Mr. Baron Martin and Mr. Justice Willes.) The lea rued judges took their seats on the bench at 10 o'clock Cilia morning, when the prisoners Pierce, Burgess, and Tester were placed at the bar. Thom .s Sharman, who now keeps the Torrington Arms at Merew - orth, Kent, deposed that in October and Novem ber, 185-1 . , he was station clerk at Folkestone, and he then saw Agar and Tester together there. He spoke to them, and went to tho Pavilion Hotel with them and had some refreshment. [This witness is the " sedate young man" whom Agar, in his examination yesterday, said he could not corrupt.] By 31 r. Sergeant Ballantine—He did not recollect if Tester introduced Agar to him. Hasel, the policeman, had previously cautioned him that Agar was a suspicious cha racter. He went to the Pavilion at Tester's invitation. After he saw Agt.r he informed Hasel that he thought he was mistaken about him. Mr. G. H. Hasel, inspector of police on the South-Eastern Railway, deposed that in May, 1854, he was stationed at Folkestone. He saw Pierce and Agar there on several occasions. They walked on the pier and watched the arrival and depat turn of the boats. He had a reason at that time for wat, Alin- Pierce more than any ordinary per son. He made a communication to Steer, of the Folke stone police, respalting Agar and Pierce. He saw Agar in October, 1851, at the booking office. Sharman was in the office making up his money. On the following day he saw him speaking to Tester on the pier, and they after wards walked in the direction of the Pavilion Hotel. Tester left for London the same night. Cross-examined by Mr. Sergeant Ballantine—Most people, when at Folkestone, walked on the pier to see the arrival and departure of the boats. Mr. Sergeant BAllantine—There is nothing else to see there. Witness—Not that I know of. (Laughter.) Tester afterwards left the company's employ with a good character, and went on a railway in Sweden. He did not know if he surrendered to take his trial for this charge. He did not like the appearance of Agar, and be therefore cautioned Sharman against him. He did not say anything to Tester about him, because he appeared to know him so well. By Mr. Sergeant Parry—Pierce WAS ticket printer to the company, and was well known on the line. By Mr. Gifford—Burgess had been in the company's service about 10 or 11 years. Mr. J. Steer, superintendent of Folkestone police, cor roborated Agar's evidence as to his and Pierce's visits to Dover and Folkestone together, and their being on the pier on the arrival and departure of the boats. When. ever they saw him they separated and walked away, par ticularly Agar. On ono occasion he saw Burgess with Pierce on Folkestone harbour. Henry Williams was on duty at Dover on the night of the 15th May, when the bullion train arrived. Burgess and Kennedy were the guards. Just before the departure of the up express train, at two o'clock a.m., he noticed two men go through the office. Burgess, Kennedy, and himself were standing together in the office at the time. One was taller than the other; one dark, and the other light complexion. Witness was going to speak to them, but seeing another porter go to them and speak to them he did not do so. They afterwards went on the platform. Witness only issued two ticket; for that train. The two men above referred to did not take tickets. Joseph Witherdon, porter in the company's employ— He was on duty on the night of the 15th May, 1355. Just before the departure of the up 2 o'clock a.m. train, two leen with carpet bags, and wearing short cloaks, came on to the platform without taking tickets. From the manner in which they carried the bags they appeared to be heavy. He spoke to them about their tickets, and they produced two Ostend return tickets. One of them gave him money. He asked them if their luggage had passed the Custom house, and they replied that they came over the previous night. Mr. W. Clark, landlord of the Bose Hotel, Dover, de poned that two men—one a tall, dark man, the other a short, light complexioned man, came to his house and had some refreshment, and remained the night. It was in the early part of 1851. They asked the way to Dover, and left in that direction. Robert Clark, waiter at the Dover Castle, Dover, re - collectel two men coming to the hotel in May, 1355 ; one was sh rter than the other; they left about half-past one o'clock to go by the up two o'clock a.m. express train ; previous to their leaving they had some brandy in a soda water bottle ; they had bags with them. Matthew Dickinson, policeman, stationed at London bridge—On the night of the 15th May he was a porter. He recollected the arrival of the train at London-bridge at half-past 4 o'clock ; only four passengers, he believed, came by that train. From the carriage he opened two men came out ; one man was taller and of darker complexion than the other. The man who first stepped out of the carriage had a bag with him; ho believed they had no other luggage. The one he spoke to had on a cape, and had dark hair and whisters. The two men went down the platform together, They decltned his offer to procure them a cab. William Woodhouse, a porter on duty on the morning or the 16th May, gave similar evidence to the above wit• ness. There was no other luggage in the van that morning. Stephen Jones, guard on the South Eastern Railway, deposed that on the night of the 15th of gay Tester came up by his train to London. He had a black leather bag with him. He had seen Pierce and another man four or five times on Folkestone pier. In liii3 he saw Burgess, Pierce, and Agar t)gether at Stearne's public-house in Tooley•street. Cross-examined by Mr. Sergeant Ballantine—He was examined in June, 1355, about the robbery, but he never said anything about the black bag until after Agat's exa mination, which directed his attention to it. He did not see anything unusual about their bag. Mr. Frederick Russell, clerk at the London sta tion of the Greenwich Railway, deposed that one night in May, 1855, Tester came to the offico abut ton o'clock. He said he had come up frees Reigate and he left a black leather bag in the office whilst he went somewhere. He returned in time to go down to Greenwich by the last train. Tester then lived at Lewis ham. Tester was not in the habit of going down by the last Greenwich train. It was before I heard of the robbery. Tester was married about two months before the robbery. John Parry, night watchman at the Greenwich Railway, deposed that on the night when Tester left the bag in the office, he moved it. It felt " lumpy" and heavy, as if a stone were i n it. Mr. Chubb, of the firm of Chubb and Son, the eminent locksmiths, said they made four bullion chests for the com pany. There were two different locks on each safe. All the right hand leek,' were the same, and the lett handlocks were all alike. This evidence was corroborative of Agar's statement that the robbery was delayed in consequence of souse repairs and alterations being made in the locks of the bullion chests. Mr. Knight, successor to Mr. Brown, superintendent of the line, deposed that Tester was a clerk in his office. In May, 1855, it was Tester's duty to regulate the guards of the trains. The April guard-list of that year, with the names of Burgess and Kennedy in it, as guards of the mail train for that month, had the words "and May" added to it, thereby continuing the April list for the month of May. He called Tester's attention to it, and he replied it was usual for it to be done. Tester had no control over the keys of the bullion chest ; they were kept 1 by Mr. Browne, who directed Tester when to use the-n. I He knew of no business of the company requiring Tester's attendance at Folkestone, except on one occasion, in Sep tember, 1854. Cross-examined by Mr. Sergeant Ballantine—Ou two or three occasions in 12 months the guards had been kept on the trains for the second month. Kennedy, the ander guard of the train at, the time of the robbery, had been on it in March, April. and May. Mr. Matthews, from Messrs. Massey, money-changers, St. Mary Axe, proved that he bought 210 American gold eagles on the Pith May. He gave 2131. 10s. It was about nine o'clock in the morning that he benght them. He could not identify the man of whom he bought them. He paid for them in English gold at the man's desire. The man appeared tired, as if he had travelled. Mr. R. Brommall, money-changer in the Haymarket, deposed that on the 16th May he purchased 200 A merican eagles fur 2031. 6i. Bd. by cheque on the Union Bank, pay able at the branch at Pall-mall, East. Mr. Alexander White, clerk at the Pall-mall bran c h o f the Union Bankeproved caching the above cheque. Mary Ann Porter proved that she knew Agar in the name of Adams. He lived with her about two years ago in Harleyford-road, Vauxhall. He lived with a female who passed as his wife. Pierce visited Adams in the name of Peckham. Tha latter assisted Agar when he left to move his furniture. John Honour, hairdresser, of Lambeth-walk. deposed ''elx.ned by I that when Pierce lived in Walnut - tree - walk he dressed a dark g November, lnl 5 ( examined 1 was then called a Faa w n i y Poland Kay was vewaas i Mr. Sergeant Ghee.—Before I was acquainted with Agar I was engaged in the refreshment room at Tunbridge station. I with him at various places Bal, Burgess introduced her to Agar, bywh t i l i l m n s e h e e em ha b t r a She live when they wont to Shepherd's-bush to to tor g es e i tb le e . r v P e r r e y vio of u t s ea. to that she had seen Agar and p They appeared to be well acquai nted with each o ther. She die not see Burgess in their c ompany before Agar went t o Shepherd's-bush. Pierce wont by thev She r eco ll ecte d h er c hill going tobe N ?", . name i,sd in of si Peckham. She . Charlotte P a i n t er th e n lived with her as a servant.A fortnight after I left on a Sunday she went to see it, and after the death of Mrs. Bessell, her next door neighbour, on the 18th of May, 1855. A few slays before, and a week after Agar was absent all night. It was on the Tuesday or Wednesday, She next saw him in the afternoon with Pierce. They came in a ca't, and she believed they had two bags with them, which they carried into the wash-house. She did not see the bags opened. After that Pierce came daily. After the 2lst of May, he and Agar were on the ta ft hu rs 7i t B li tpo o r i v , oeiin sh „ ; „ look e d i n t o it once, and she saw they had , herainda goingbrightfire ; th e y b o th ran to the door had been much in the wash-house together, previous heard them hammering. They hursteleather 1 shooting nns t o the roaring of a large tire ; she heard t e ha h t bags. When they were upßtßirß a , she She saw Pierce bring down from the room what appeared to be square pieces of stone. When they came down to their meals they appeared hot and dirty, in quiries what they wore about, they rephed s. a l n e s a l i t h o her er apron weaving." She heard them in their conversation mention Burgess and Tester's ream( s. Afterwards, she noticed that in the upstairs room the stove had been replaced and Gilled, and that the floor was burn'; in two places. Pierce and Agar had short cloaks. She had seen Pierce with mor e hair about his face than now, but it was his own. She then detailed Agar's leaving her, and his visiting her before he was arrested. Her child then wile at Rothorhithe with a cousin of his. Some time after he left her she resided efaoreds eavtewnh:l;ities when she theyal s y khee. in George's-road, and Agar provided for her till the Janu ary following. He was to have allowed her 1/. a week, but he did not do so. In January she went to Pierce's to reside, and remained there till April. She left on account of a disagreement. Agar had two trunks there; they contained his clothes and tools. She saw his watch, ring, and a set of shirt studs there, but no money. She saw in Pierce's possession a bag of sovereigns before she went to live with him. Pierce before that said he had asked Agar fora sovereign, and he refused him, and that sometimes he could get money out of him and sometimes not. Pierce once asked her to lend him a shilling in 1854. Previous to the robbery Pierce used to havo Agar's old clothes. He used to take them away. After the robbery she saw in Pierce's band a roll of notes. After she left Pierce's house she became distressed, and applied to Pierce for relief. Mr. Sergeant Parry objected to this evidence. Mr. Sergeant Shee—l shall follow it with another. Did she make a statement ? Mr. Baron Martin—l don't think it is evidence. Witness continued—She repeatedly applied to Pierce for money without success, and after that she made a com munication to Mr. Weatherhead, the governor of Newgate, and then to Mr. Rees. Cross-examined by Mr. Sergeant Parry—She was 25 years of age. She left Tunbrige-station in 1852. She was dismissed, but not for dishonesty. She had not lived with any one else than Agar. She knew a person of the name of Tress. She did not consider her conduct had been im proper with him. She knew a person named Hart. She did not live with him. He came to see her in town. He had given her a sovereign or two, but not for an improper purpose. He was ro relation of hers. Tress gave her Si. after she left Tunbridge. She did not know why she was dismissed. She had 121. a year and her board and lodging at Tunbridge. She wes roz Ohinsissed for impropriety of conduct at Tunbridge. She knew a gentleman named "Bill Barber." He was under-,, lard. He never gave her money. Sh e rema i ne d at home with her mother about eight mouths, and she then went to Johnson's-street, Somers-town, and she ht-d work flora Messrs. Crosse and Blackwall's, Soho square. Ha- t called there and saw her. She liven then with Ler mother, but Hart, who visited her then, never saw her. It was there she knew _Agar as Adam. He left her twice, but not that she was aware of for her drunken habits. She was not in the habit of doing so. When the child was rcgiste..3d and christened she knew Agar's name. That was in July, 1854. She only knew him in the names of Agar and Adams. She knew a person named Hodges. He used to give her money. He used to give her a sovereign at a time. He was not with her a long pe-iod at a time. She had been out two nights whilst at Fierce's. She quarrelled with him on account of a 'etter she had from Agar, and not on account of her drunkenness. She would not swear she had not been brought horns there drunk. She did not re collect being brought home drunk in a wheelbarrow at Shepherd's-bush, but it might have happened. (Laughter.) She had not been to Portland to see Agar. The Railway Company had supported her since last October. She knew Pierce to be what was called a betting or sporting man. She had not seen him with money be said he had won on races. She never saw him with a betting-book. She would undertake to say she had received 80/. of Pierce. She would venture to swear it was not 1001. Mrs. Pierce bad only in a friendly way advised her not to get drunk. She had no occasion to complain of her whilst in her house. By Mr. Giffard—She was introduced by Burgess to Agar at the Green Man public-house, Tooley-street. After that she never saw Burgess and Agar together. She did not knell , till after Agar's conviction that he lived with a per son named Campbell. Re-examined by Mr. Sergeant Shee—Hart made hon ourable proposals to me, and after he left Tunbridge she was engaged to him. It was during that time—after her mother's death—that he gave her money. Hodges did not give her money for an improper purpose. Pierce saw Agar's letter to her, and said he was mad— he never had any money. She never heard of a sum of 3,0001. being left for her and her child. Mr. Baron Martin—l must certainly knoll if it be trite. Because Agar said he gave to Mr. Wontner 3,0:0I. to I; 3 invested for her and her child. Witness continued—ln the letter she received from Agar he directed, amongst other things, that she was to pur chase a silver cup for her child and Pierce's son, and that Pierce would let her have the money. She never had the money to do it. She was now living with Inspector Thornton. By Mr. Baron Martin—Have yon ever heard of 3,000/. being invested for you ard your child ? Witness—No, my lord. Mr. Sergeant Parry—lt is in the hands of the railway company. Mr. Bodkin—No, it is not. It is a mistake. Mr. Sergeant Parry—Mr. Wontner made an explanation before the magistrate, and he was ready to explain now if he were to be considered a witness for the prosecution. Mr. Sergeant Shee—Certainly not. Mr. Sergeant Parry—Then I decline to put him in the box. Mr. Baron Martin—You must take your own course. Mr. Sergeant Shee—l wont take advantage of Mr. Wont ner's statement to claim a reply. Mr. Sergeant Parry—Then, as your lordship wishes to have the matter explaired, I will call him. Mr. Baron Martin—l have no wish for it being done personally. If the money is invested for her, she ought to have it forwarded. The Crown bad no claim on it. Mr. Wontner—But, your lordship, I think, after what has transpired, that I ought to have an opportunity of explaining. Mr. Baron Martin—l think you should, Mr. Wontner. Mr. Wontner —Agar, whom I defended, had had a sum of 3,000/. invested for a considerable period in the 3 per cents., and at his request I sold it out, realising' 2,7001. for it. A number of payments were made out of money realised, which reduced it to 2,F30/. Agar sent me a writ ten order, which I acted on, and paid the money over to Pierce as requested, which he has invested in Turkish Bonds. The Bonds have been seized by the prosecution, and they are now in thole possession. I have taken the trouble to trace out the notes paid to Pierce and the notes with which he purchased the Turkish Bonds, and I find they correspond. lam prepared to produce the documents in reference to the transaction. Agar was then recalled at the request of Mr. Serjeant Bal antine, and said that Pierce communicated to him Ithat be had heard from Tester that one of the keys of the safe on board the Folkestone boat was lost. Witness was not on board the boat when the key was lost. Evidence was then called to prove that Agar and Pierce had been driven by cabmen to St. Thomas-street several times previous to the robbery, and also that Burgess, Pierce, and Agar were frequently together before the robbery. Mr. Stearne was also called, and proved that he kept the White Hart in St. Thomas-street previous to May, 1855, and that Burgess and Pierce frequented his house. He had seen Agar there, but he could not say when it was, in company with Pierce and Burgess. He proved that he received from the barman a parcel that had been left there for Burgess, and his calling for it, when it was pro. duced and opened to him. Ho then gave witness 5001. to invest for him. As Burgess objected to deposit it at a banker's, witness lodged it at his brewer's, Messrs. Reed and Co., who paid him interest for it, which he handed over to Burgess. Mr. Lee, of Charles-street, Camberwell, stock-jobber, raid he knew the three prisoners at the bar, and was in the habit of meeting them at St3arne's. He purchased five h andred pounds' worth of Turkish Benda for 4 0 51. in Burgess notes in a rni Jan., 21. 1 1 8 0 16 . in gold—which iTe paid 407Lhle0os.btfaoirned fromthem Mrs. Burgess by Burgess's direction. He paid them over to Mr. Hutchinson, a broker. In answer to questions from the learned counsel, witness said that ho afterwards sold the Turkish Bonds for Burgess, and realised about 50'. by the transaction. , Mr. Bailey, cashier in the Bank of England, said that on the 28th of May six 10/. notes were paid out of the Bank in the name of Edgington for gold. Oao of the . 101. notes came in on the 11th of Sept., with Tester's name and address on it. Witness produced other notes, which it was proved had passed through the prisoner's bands, and the dates at which they were paid into the bank. George Raffin, fruiterer, of Warren - street, Fitzroy square, proved that he changed a 100/. for Pierce, through Mr. Fisher, of Leicester-square. He put his name on it, and the ore produced was the same. He also changed various notes at the Bank of England for Pierce. Cross-examined by Mr. Sergeant Ballantine—When he changed the notes for Pierce he was in his employ at 301. a week wages. He was in his employ about 12 months. He kept a betting shop, and had considerable betting tran -1 'actions. Witness bad never changed other notes for him. Witness took notes for him in business, and he had seen considerable sums— more than 2Col.—in his possession at a time. Pierce used to go the racing circuits. (Laughter.) Re-examined—Pierce was living in Crown-terrace when he saw so much money in his possession. It was in the spring time of 1855. He did not tell him how he got the money. Witness took a pair of boots out of pledge for him early in the spring of 1855. By Mr. Sergeant Parry—ln 1855 he was engaged wits Pierce at the Boar's Head in making up a betting book with him to the extent of about 1001. It was the time when Saucebox won the St. Leger. Mr. Smith, cashier to Messrs. Reed and Co., proved re ceiving the notes from Mr. gtearne. He afterwards paid them into Messrs. Roberts and Co.'s. Mr. Young proved purchasing Spanish bonds for Agar In August, 1854, in the name of Adams. Mr. Forrester, stockbroker—When clerk to Mr. Shaw, Tester was introduced to him by his father. In January, 1456, he sold out two bonds by direction of Mr. W. Tester, the prisoner's fatherail purchased it with the proceeds of other Spanish bonds which Mr. Tester brought us to sell. The bond purports to be for 1,0201. Its value at 52 per cent. discount would be about 4891 I have had various dealings with with Mr. Tester, the father, and always looked upon him as a highly respectable man. . . I Mr. W. C. Furney, n clerk in the Bank of England, proved the payment in May last of six 1001. notes, num bered 45,420 to 45,425 inclusive. The name given at the time was Edgington, Duke-street. Mr. Griffin, also a clerk in the Bank of England, proved the exchange of the 1001. note, 45,422, endorsed with the name of Tester, for sovereigns. Mr. Francis, of the firm of Edgington and Co., Duke street, was called to show that no person had been sent by their firm to exchange gold for notes to the amount of 6001. during the month of May, 1855. Mr. Leo, recalled, stated that in March last ho got a Spanish bond, numbered the same as the one left by Agar in his trunk when arrested, sold for Pierce. Mr. Cousins, a stockbroker, who sold the bond, also gave evidence to the same effect. Mr. Rees, solicitor to the South-Eastern Railway Company, examined by Mr. Bodkin—l am the solicitor for the prosecution, and have conducted the whole of this investigation. In consequence of what I heard from Agar I went up to Kilburn-villa (Pierce's residence) on the day of Pierce'a arrest. The house has a garden in front, and leading from the front door is a flight of step-i. Under neath thes e s t eps i s a pantry, and, on searching in this pantry. I found that the ground had been disturbed and a hole had b een d ug, and in place of the natural clay it had been filled up with cinders. I should say that it had only recently been filled up, for there were green leaves in the cinders, and the claw of a lobster quite fresh. In the house were Turkish hoods to the amount of 2,000 1 , loaves, deeds, and securiti es o f di fferent sorts. The green tool box was in the attic. I also wont to Cambridge-villas, Shepherd's-bush (Agar's residence, where the gold was melted down). I had the gate in the back bedroom re moved, and behind it I found the three fire bricks which bad been produced and id en tifi ed b y Agar. The chimney bore evideut marks of having been subjected to groat heat. The floor between the fireplace and the window was very much burnt. I had the boards taken up. and underneath were a number of small bits of gold, which had evidently run through the floor. When I saw the ro an Agar at Portland I did not say anything to him a b out what I had seen at his house. Cross-examined by Mr. Giffard--:-It was about the middle of October when Agar made the statement. F. Williamson, a detective officer, examined by Mr. Ser geant Shoo—l wont with Mr. Rees to Kilburn -villa, and, besides the property mentioned by him, I found there a gold watch and chain , which I produ ce . T he watch has a representation a 'Windsor Castle on the dial, and the • - ' initials "E. R. A." on the back. There were also betting books and some I 0 U's taken from Pierce's house. This concluded the case for the prosecution. Mr. Sergeant Parry said that, before addressing the jury for Pierce, he should like to have the opinion of the Court whether there was evidence on the last count, which in dicted Pierce for larceny as servant of the company ; and also whether he could be properly said to have been a re ceiver. The third count charged him with robbery from a dwelling-house, but he apprehended that a railway carriage could scarcely be called a dwelling house. Mr. Baron Martin said Mr. Justice Willes and himself were both of opinion that it was clearly disproved that Pierce was a servant of the company at the time of the rob bery. On that count of the indictment there was no evi dence too to the jury. His learned brother and himself were also of opinion that Pierce could not be called a re ceiver. As to the third count there could scarcely be any necessity to trouble the jury on that. The Court then adjourr ed until 10 o'clock tomorrow (this) morning, the jury being reconducted to the Lon don Coffee-house under the charge of the officers of the Court It was arranged that the trial of Redpath should be taken on Friday morning. FRAUDS ON THE CITY BANKS. Saward and Anderson, charged with having committed a great number of forgeries, were brought before the Lord Mayor yesterday, at the Mansion House, for further exa mination. Mr. Mullen', the solicitor to the Committee of Bankers for Protection against Forgeries and Frauds, attended for the prosecution ; and Mr. Henry James, of the bar, ap peared for Saward; Anderson was undefended. The public curiosity on the subject appeared to have un dergone no diminution. After an arrangement had been made, upon the applica tion of the learned counsel for Saward, as to the cross-ex amination of Atwell and Hardwick, who had been at the commencement of the proceedings examined for the prose tion, _ _ 31r. Mullens proceeded at once to call witnesses to corro. borate the evidence given by the approvers. Mr. Joseph Bolton Dow, iron founder, of Osborne-street Whitechapel, said—l keep asoaccount with Barclay and Co., the bankers, in Lombard•street. A few days before Christmas, 1855, my premises were entered, on the night •f the 21st, or morning of the 22d of Dec. I had on my premises an iron chest, which was blown by gunpowder or gun cotton, and afterwards burst open with instruments. I missed some cheques which had been paid at my banker's and returned to me. Two blank cheques had been taken from nly cheque book. I have got their counterfoils, which are numbered 9281 and 9303, the one being for 461. 15s. GI., and the other for 951. 17s. 61. The signature " J. B. Dow" to each of these cheques is not in my hand. writing, nor has it been authorised by me. Cross-examined by Mr. James—No one had been prose cuted for the robbery. Mr. William Isaiah Dntt3on, cashier at Messrs. Barclay's bank, said—On the 10th of Jan. the cheque for 45/.155. Gd. was presented to (me for payment, and I paid it in two notes of 101. each, and 271. 15s. 6d. in cash. Mr. H. M. Leslie, also cashier at Messrs. Barclay's, said The cheque produced for 931. 17s. 6d. was presented to me for payment on the 10th of Jan., and I paid it in five 101. notes and 451. 17s. 6cl. in gold. it7 c Am h tenho M a nmd p o r et e i s rhr l a . — sshoB : house, He said his name was Davis. That (pointing to thee the ea room, nr.o room said m H b e tuot hh ei he m adt mightid9 a require e o cia t u k wi rneeoe it . f how o rI s l co o am n u g e. might h : wl r r i yaes: want fteAothtl that n le n c recollect 8 month tmhieth Smith, aoanfupala ,00nfLal hiredma s a t n Leman-street, e t a r r e r it r ia , O W inn h i mt t h e ye . not say wheth er h e took the key of the hall door. He said his luggage w as not come, and he postponed sleeping there till next night. He said that he only wanted to do some writing. He came on three separate days, Thursday being the last. On the Wednesday a young man came to the house and made a communication to me, and I think Are derson saw him and took him into the parlour. A day or two afterwards the same young man again called upon me. Edmund Brown, porter at the King's Arms Hotel at Hampton Court —At the latter end of the year 185 0 I was a porter at Burrell's Hotel, London-bridge, and I lett that situation in December. I advertised for another situation on the Bth of January following, and received an answer on the 9th, and went to the address of the party from whom I received it on the same clay. The answer was in the shape of a letter. I went to 103, Leman-street, White chapel, and saw the last witness. I afterwards saw the pri soner Anderson, and had a few words with hint as to the advertisement which had appeared in the Times, and he engaged me to go down to Psugby with him to look after a pony cart. He was to go after my character that night to Mr. Burrell, and to meet me at the Eastern Counties Rail way at one o'clock next day. I went next day at one, and saw Mr. Anderson there, against the clock, and walked towards him. Ho told me I was too soon, and that his friend he expected had not come up. He asked me if I knew a public-house in Bishopsgate-street called Barker's, and told me to go there and get him a bill of wholesale and retail prices of spirits, as he wanted to take some down to Rugby. He told me not to hurry, and I went and got a bill and took it back to him. When I got back he told me his friend had not arrived, and I had better go across the road and get some refreshment. Wo then went over to an eating-house which is opposite the railway terminus, and belongs, I think, to a person named Carr. We went up stairs. He then said as I had been at hotels he supposed I had frequently been to bankers. I told him that I had often been to banks in Lombard-street and others close by. He then took a book from his pocket, from which he took a cheque, which I believe to be the one produced. I know it had the name of Dow on it, and was for the amount mentioned in that cheque. He asked me to get five 101. notes, 451. in gold, and 17s. 6d. in silver. I was to take it back and meet him at the eating-house. I went t 3 the hank and got the money, and I was going over to Mr. Bur• roll's, as Anderson had not told me be had been after my character, and I was going to ask Mr. Burrell whether he had been written to respecting it. I hail reached the foot of the bridge when a young than, whom I have since recog nised as Atwell, tapped me on the shoulder, and asked me— Mr. James submitted that any conversation that might have t a k en place between the witness and Atwell was not legal evidence. The Lord Mayor overruled the objection. Examination continued—Atwell aske I me if I had been on an errand for a gentleman of the name of Davis, u pon me say ing that I bad, he told use that I was going the wrong way back. I told him I was on my way to M r . Burrell's, when he said that the gentleman was waiting at the eatinghoase opposite the railway. On our return back I saw. Anderson coming along, and said to Atwell, " He ra is Mr. Davis coming." Atwell. then left us. Anderson took me into a publichouse, where we had some refreshment. He then put down my name and address, and said he had been to Mr. Burrell's for my character, but Mr. Burrell was not at home. I gave him the money that I had received. Ho gave me 35., and promised to go after my character in the morning. I waited over Friday, and not having heard from him I went to Leman-street, and then to Messrs. Bar clay, to whom I gave some information. Elizebeth Bethel], of 4, Dean-street, Finsbury-square, servant to Mrs. Zephiel, said—ln Jan., 1:356, I was wait ress at Cares eatinghouse in Shorediteh, opposite the rail way, and I believe that Anderson is the person I saw there about the time some inquiries were made. I saw the last witness there in company with the man whom I believe to be Anderson. Elizabeth Haydon, of 20, Suffolk-street, St. Pancras road, said—Henry Atwell is my nephew. At the begin ning of last year he was residing at No. 8, Cottage-lane, City-road. A young woman was living there with him as his wife. They were passing in the name of Hawkes. I used to go there nearly every day. I was in the habit of doing their domestic work. I know Seward, and have seen him there. The first occasion on which I saw him there was the liith of Feb., 1856. I have also seen him near The Sportsman public-house, nearly opposite Cottage-lane. I took a message to him from Atwell. Not knowing his name, I said to him " Excuse the liberty I am taking, but are you waiting to sees gentleman of the name of Hawkes?" Ho told me that he was. I told him that Mr. Hawkes was engaged, and could not come that morning to see him, but that he would meet him on the Wednesday following at the appointed place. After this he called at Atwell's, and asked for Mr. Ilawkes. I told him that he was not at home. This was after I had seen Lim in the City-road. He after wards came on a Saturday morning. Atwell was at home, and the female with whom he lived was in the parlour. I showed Seward into the parlour, whore he remained about 20 minutes. I entered the parlour whilst he was there, when I saw a small parcel of papers, about the size of a finger, rolled up and lying on the table. I saw this parcel for several days afterwards on tbechimney-piece in Atwell's bed-reorn. It was like the roll of cheques now produce 1. Cross-examined by Mr. James—l used to work at other places as charwoman betides Atwell's. I did not know how Atwell was getting his living. He used to keep a horse and cart. I did not know how he got his living. I knew bo had been convicted. The young woman did nothing for her living. Atwell did not go out disguised in any way. The first time I saw him was on the 18th of February. My sister had beets confined that morning, and I had been up all night. The person to whom I spoke was dressed very respectably in a dark coat, but with more velvet on it than that which Seward now wears. He had no moustaches then. He did not ask me how Mr. Hawkes was engaged. He again called on the Thursdayand on the Saturday, when I showed him at once. I did not see biro touching the papers. I can read a little. I have not read an account of these pro ceedings in the newspapers. I heard of it from a young man, and I then read a portion of it. Eliz tbeth Evans—l live at No. 29, Hartland-read, Cam den-town. In the beginning of the year 1856 I was living with Atwell as bis wife, and I continued to do so till ho was taken into custody at Yarmouth in Sept. I know the prisoner Seward. I first became acquainted with him when I was living in Cottage-lane, at the beginning of last year. We were both passing in the name of Hawkes. I saw Se ward in Cottage-lane twice at our lodgings. I recollect ono morning being in the parlour with Atwell when Seward was shown in, and he spoke to Atwell. I did not hoar what passed. Seward took some papers out o f hi s ' pocket. I noticed that they were cheques. They were doubled in halt then. I went into the kitchen and returned into the parlour whilst Seward was there. I then saw the papers on the table. There was a mark on the back o f th em an d some engraving, which I could not see, as they lay folded on the table. After Seward left I received from At well the nine cheques produced, which I kept roll e d up on the mantelpiece in my bed - room. I think I saw Seward once after that in the house. After Atwell was in custody I 'cent to a house in Trafalgar-place, Walworth. I saw a female there, but I did not see Seward. Cross-examined by Mr James—l first became acquainted with Atwell about two years and a half ago. I first met him at a singing room in the it ingeland-road. I first lived with him as his wife at No. 11, Union-buildings, Hackney , road. I think I lived with him in three or four places be fore we went to Cottage-lane. I had some slight idea of how he got his living. Different things occurred which ; induced rue to think that he WM getting his living disho-- 1 neatly. I did not threaten to leave him on account of dies honest practices, and I did not know that he had been eon , victed. We went to Cottage-lane about a fortnight before Christmas. I think it was in March when I saw award. I do not know the day that he called, but it was the mid dle of the week, because I was washing. It was my habit to wash on a Tuesday or Wednesday. lie called once on a Saturday. Atwell and Seward spoke before me, but in so low a tone that what they said did not reach me. I recollect Mrs. Haydon corning into the room when the cheques were lyinc , on the table not rolled up, but doubled in half. I only saw the back of them. Atwell gave them to me the same day, when I put them on the mante'piece. I opened them. Atwell took them away. I believe the name of Smith, Payne, and Smith was on them. I saw them on Monday last. I knew before that that they were cheques on Messrs. Smith, Payne, and Smith. Atwell had them back. I saw them before he got into trouble. I did not road the engraving on the back. I can only read a little. I did not read it myself. I was told what it was by the party at whose house they were left, and from which place I brought them. I have had a communi cation with Atwell since he was convicted. The last time was three or four weeks ago, before he gave evidence here. I saw Mrs. Haydon on Monday. I did not have any con versation with her in particular. I did not say anything about Cotta ,, e-lane. She told me she should know Seward again, and I her that I should know him. Atwell did not say anything to me about Seward after his conviction. I never saw Seward except at Cottage-lane. He wore a 1 brown coat and a black hat, rather broad in the brim. I think the coat had a velvet collar. He had no moustache then. I spoke to him. I have not seen him from that time till now. FSaward iem ef i o n r ed eh b i s y c M o n r v . ictio l l n e , n Mu—woks bu t A o t nly e l o l n s p c e .e I h m a e v e about Atwell in Newgate each time that I have been permitted to go there. When Saward came in I was in the room Further crosc-examined by Mr. James—lt is not quite three months a;o that I went to Trafalgar-place. It wis before the trial, and since which I have not been there. The cheques were put into somebody's care in a brown paper parcel after At well's conviction. I took that parcel to Newgate, and it was delivered to Mr. Mullens in my presence. The cheques were then taken out of the parcel. Mr. C. F. Ash—l am an iron merchant, carrying on bu siness at No. 20, Upper Thames-street. On the 7th or Bth of July last my premises were broken into. The nine cheques produced upon Messrs. Smith, Payne, and Smith, are my cheques. I missed a number of paid cheques after the burglary. I also missed two blank cheques from my cheque book. At that time I was using the cheque book No. 15,430. The cheque produced for 911. is taken from that book. The signature to it is a forgery. Cross-examined by Mr. James—No ono was arrested on the charge of the burglary. Mary Anne Fennell—l live with my mother at No. 6, Oakley-crescent, City-road. In February, 185 i, we had the drawing-room floor to let. A gentleman, who gave the name of Hammond, came to hire it. He occupie t the drawing room for about two hours on two lays. The pri soner Anderson is something like him. When Hammond was at our house the witness James Humphreys called to see him. The last occasion was on the 19th of February. I think Mr. Mullens called upon me the same afternoon. James Humphreys —I am a greengrocer, living at 14, Chapel-street, O x f or d- s t reet. I n February last I was out of employment, and advertised for the purpose of obtaining a situation. I received a letter in answer, in consequence of which I went to the house in Oakley-crescent, where the last witness lives. I there saw a gentleman of the name of Hammond, who asked me if I had brought the letter, and I gave it him. The prisoner Anderson is very much like that person. He engaged as as a sery itt, and sent me to the Euston-square station to get his luggage. I re turned to the City- roa d , w h en ho gave me thecheque pro duced for 911. to get cashed. I presented it and was detained. Ido not know the day of the month, but it was in February. At this stage of the proceedings Mr. Mullens said he had no other witness to produce at that moment, and The Lord Mayer remanded the prisoners for a week. THE DOUBLE MURDER AT WALWORTH. EXTRAORDINARYAND HIGHLY SUS PICIOUS PARTICULARS. Yesterday, after the ordinary business of the Lambeth Police -court was disposed of, Mrs, Martha Bacon, who stands charged on the coroner's warrant with the wilful murder of her two children, Edwin Fuller and Sarah Ann Bac a, was again brought before Mr. Elliott for further examination. The melancholy case has, since the last examination, from many causes that have transpired, assumed a very different character; so different, indeed, that it now be comes a matter of considerable doubt whether hers (the prisoner's) is the hand by which the unfortunate children have been deprived of their existence. It will be recollected, from the testimony of Dr. Bushel, the medical ge❑tleman who had been examined at this court, and at the inquest also, that the wounds on the throats of the poor children, and which must have instantly deprived them of existence, was the result of one cut, executed by so powerful and muscular an effort that the heads were nearly severed from the body, while the wounds on the prisoner's own throat were mere scratches, and penetrating only skin deep. Inspector Young said, since the last examination, he had received information that a robbery had been com mitted in the house, as well as the murder, and as he was making inquiries relative to the alleged robbery, h e should, under those circumstances, ask for a further remand. Mr. Elliott—Very well; let the prisoner stand re manded to a future day. The prisoner was then removed from the court, and her husband, who was present during the examination, followed her to the gaoler's room. As before stated, circumstances have transpired in connection with this unfortunate tragedy of a startling and highly suspicious character ; and on Tuesday even ing Inspector Young, who has been ably and actively engaged in their investigation, attended before Mr. Elliott with Bacon, the father of the murdered children, and the husband of the poor woman just removed from the bar, when the inspector, addressing the magistrate, said—Your worship having heard for the first time, on the morning of the inquest of the children, that a robbery was committed, I made it my business to see Mr. Bacon the next day, and he then informed me that, between the time of leaving home on the Monday morning, the 29th, and his return on the Wednesday morning, the 314 t, his house had been robbed of a 51. bank note, two sovereigns, a Geneva watch, belonging to his wife, and a suit of clothes. The note and sove reigns he said were in a small box placed on a chest of drawers, the watch on the drawers, and the suit of clothes hung outside on the lobby of the upstairs room. The 51. note he describes as one of four which he had received from the London and Westminster Bank for a cheque sent to him by Mr. Atter, his solicitor, at Stamford, and the money, the watch, and the clothes he said he saw safe on leaving his home at an early hour on Moaday morning. The watch he said he had purchased from his brother, who lived in Charles-street, Northampton -square, and used to be worn by his wife, and its number was 32,798. ft was a silver Geneva watch. The suit of clothes he described as consisting of a great coat, with pockets at the sides, a frock coat, and trousers. Having received these particular., I first proceeded to inquire about the notes, and having procured the numbers I found that three of them had been paid into the Bank of Ezigland on the 20th and 21st of November. A fourth note Mr. Bacon passed, on December 24, at a shop No. 41, Bishopsgate-street ; but that has not been paid into the bank yet, and therefore I cannot say whether it is one of the four mentioned ; but Mr. Bacon distinctly told me that the note stolen was one of those he bad received from the Lonslon and Westminster Bank, in change for a 301. cheque: . Mr. Elliott—Then the whole of the four notes had been passed away, and three of them reached the Bank of England before the alleged robbery ? Mr. Young —Yes, your worship ; but I am not cer tain whether the note passed in Bishopsgate-street is one of the four he received at the London and West minster Bank. I told him (Bacon) I had traced out the four notes, and asked him if the one he bad passed in B;shopsgate-street was one of those he received at the London and Westminster, when he hesitated a good deal, and at length said he had other notes since he came to London. I asked him particularly where he got this particular note from, and he varied considerably in his statements, as he has frequently done through our in quiry, and could not tell me. Mr. Elliott—Have you been able to trace the clothes Mr. Young— I have not, your worship. Mr. Bacon has varied a good deal even in his description, and says he started from London before 7 o'clock on a cold winter's morning for Reigate, with only a canvas jacket on, leav ing a greatcoat in the house behind him. Mr. Elliott—Did he say how he left his wife on leaving home on the Monday morning I Mr. Young—Yes, sir. He said he left her in bed quite comfortable ; that he kissed her before leaving, and that she had tied up his finger before he left. I asked him what was the matter with his finger, and he said he had cut it while cutting a stick. I asked him to show it to me, and he exhibited his left hand, when I found a straight cut between the first and second joints of the first finger half an inch in length and an eighth of an inch in depth. Mr. Elliott—A straight and deep cut Mr. Young—Yes, a deep cut ; and even about this Bacon prevaricated, for he afterwards told me the cut had been occasioned by the knife slipping while carv kg the dinner on • Sunday ; but he could not account for his not having it dressed before his starting on the Monday morning, when his wife did it for him. He further said that he had seen the money safe on the 'Monday morning when he went to the box for the purpose of getting a pied of cotton to dress his finger with. In conclusion, Mr. Young said that almost every time he bad asked Bacon for fresh information, and adverted to that which he bad told him before, his statements were different, contradictory, and most unsa. tisfactory. Bacon, in reply to what had been stated by the Inspec tor, said that his mind had been so perplexed, and he bad been so examined and cross-examined by the Inspector that, though with every disposition to tell the truth, and not mislead, he might have said things that were not exactly correct. He loved his wife and children, be said, too well, and had done everything in his power to make them happy, and he was quite sure, he said, that his wife loved her children too much to have done it. He felt quite sure it was done by somebody who bad come in at the door and not at the window, for he himself, while in bed one night, heard somebody at the lock, and whe n he went down and opened the door he saw a man walk up the street. Before leaving town he had gone to hi s cousin, to get her, not to take care of her, but to be a companion and a protector to her for the night. Mr. Elliott—Then you suppose your children were murdered by somebody coming in at the door ? Bacon—l really do, sir. Bacon here went into a somewhat rambling state ment about the moneys he had received, and said he was about to offer a reward for the missing watch belonging to his wife, and again declared it was his wish only to tell the truth to the officer. Mr. Elliott told him he should not trouble him for anything more then, but the fficer should still go on iu pursuit of his inquiries, and Bacon withdrew. Yesterday there WAS much in the conduct of Bacon to excite much suspicion, particularly ef, Cook, the gaoler. Previous to the examination, and while the prisoner was seated k the gaoler's room, her hi s'and made several efforts to whisper private cAntounicairms is her ear ; and so deterininvd did he appear in his purpose that the gaoler was compelled to be very peremptory with him, That officer, who is a kind and humane man, told him ho might be present and say what he liked to her in his presence, and that he might hear it, bat that he could nat consent to his whispering anything to his wife, who was evid , ntly under considerable control or terror of him. Finding hitoself foiled, Bacon a-ked pe.'• mission to kiss his wife, and this was allowed ; but when about to do so, he was about also W whisper something in her ear, which, Cook perceiving, at ,-mce forbade. Inspector Young, at a later hour of the evening, in formed the magistrate that the fourth note paid into the bank was not one of those received by Bacon from the London and Westminster Bank, and that the number of the missing or alleged stolen note was 28,451, POLIO ItYPELLIGENC B—Jan. 14. BO W-STREET. A boy named George Welford, who said he was '3 years of age, but looked older, was charged by George Retson, a carpenter, with breaking into his workshop and stealing a quantity of tool , &c., valued at 303. The prosecutor said that he rented a small room as a workshop at 12, Charles court, Strand. Tne pris ,, ner lived with his parents, who are hone,t working people, in the adjoining r,om. About 3 o'clock on Tuesday afternoon witness went out, leaving the place securely locked up, and on returning be found the pallock had been broken open, the room entered, ant five planes, a saw, a screw driver, and some oiler articles taken a w a y. Hie suspicion fell on the prisoner, who had once before attempted a similar exploit, and he mentioned the matter to the lads father, who assisted in searching for him. Ultimately they traced him to the Victoria Theatre, where he was given into custody. He acknowledged that he had broken the lock open with his father'. , pincers, and had stolen the tools, sold part of them, and pledged the rest at a pawnbroker's in Soho. l'he tickets were found on him. He said h• was wholly unaided in the robbery, and took the things to the pawnbroker's himself. This the pawnbroker denied, saying that he was quite sure he should know the boy who pledged the things ; he was much taller, and looked much older than the pri• Boner. Mr. Henry observed that the pawnbroker was liable to a conviction if he took a pledge from the prisoner, who was under sixteen. The prisoner acknowledged his guilt, and admitted that he had been previously committed. Mr. Ile , :ry—The only thing to be done with such a boy is to put him into a reformatory, and with that view I will commit him for trial. WORSHIP-STREET.—Emilie Triese, a middle acted man, in an evident state of abject destitution, but who described himself as an Italian merchant, was brought up on remand before Mr. D'Eyncourt charged under the following peculiar circumstances. It appeared front the evidence of a police constable of the K division that on the night of Tuesday sen'night, the prisoner was discovered coiled up under a quantity of loose straw in a detached shed at tae rear of the dwel ling-house of a gentleman of Old Ferd, and it having been suspected that be had made his way there for felo nious purposes he was at once given into custody. In answer to the charge, the prisoner, through the medium of an interpreter, emphatically dented having been actuated by any felonious intentioi,s, and informed the magistrate that he had carried on business as a mer chant at the town of Lyons in France for twenty-one years, but having fallen into difficulties he was formerly expatriated by the local authorities, in common with numerous other persons in the same condition, and that kit had been wandering about for the last in a tiouseless state and without the slightest means of sub sistence. Mr. D'Eyncourt said it was a most extraordinary statement, and he should order the prisoner to be re manded for a week, to afford the police an opportunity fur obtaining further information with regard to hio antecedents. Henri Delavitte, a detective officer attached to the French embas.-y, now attended and stated Witt he bad closely interrogated the prisoner, who p,rsisted in de claring that be had been expelled from LT , ns and shipped over to this country at the expense of , he French Government, under the circumstances described. Mr. D'Errcourt said that if the particulars of the case had been correctly stated, he considered that the atten tion of Government should be directed to the subject, and the prisoner in the meantime must be conveyed to the workhouse of the district in which he was found, where he would be provided with a temporary asylum. LAMBETH. —Mrs. Martha Bacon, who stands charged with the wilful murder of her two children, was again brought up for examination. The evidence received on this occasion was that of neighbours of the prisoner, and chiefly of a negative character. The case has become so perplexed that, in its present stage, a report of the proceedings, given without expla nations not yet authorised, might confuse, but could not interest the public. HA.MNIERSMITH.—Edward Gilbert, aged 41, a cab driver, badge No. 3,542, was charged with careless driving and wilful misbehaviour, whereby a lady named Mary Ann Sparks, lately staying with her friends at Revena-villa, New-road, Hammersmith, was severely injured. Seymour, of the B division, stated that about half-past six o'clock on the previous evening he received informa tion that a serious cab accident had taken place in the Kensington district, near Prince's-gate, th it one lady had been killed and another severely injured. He immediately hastened to the spot and found a great many persons round a Hansom cab and a horse, which was out of the shafts, and it appeared as if it had just been got up. He was then informed that the two ladies had been sent to St. George's Hospital. The prisoner was standing by, and assisted in putting the horse in the shafts of the cab. The prisoner first &Iliad that he was the cabman, and declared that the right cabman had gone to the hospital. Witness asked him where his cab was, and he replied at Knightsbridge rank, that hearing of the accident he had left the stand to see what had happened. Witness then believing that the right cabman was gone to the hospital, took posses si,,n of the horse and cab, and the prisoner walked away. Witness was told that the horse had run away, the cab had overturned, and the ladies fell out. Witness in- quired at the hospital, and found that one of the ladies was dangerously ill, but the other was only slightly injured. Witness had called at the hospital that morn ing, and had received a certificate, stating that Mary Ann Sparks had several of her ribs broken and her right shoulder injured, and was in a dangerous state. The prisoner was subsequently apprehended in the D divi sion. The prisont r denied having said the driver had gone to the hospital. That statement was made by others ; and the reason he did not claim the hone and cab was that he was so frightened that he thought the best plan for him to adopt was to acquaint hi s master of what had happened. Th e horse " shied" while he was driving. Henry Herriett, of No. 12, Camden-street, said on the previous night he was walking in the Kentongton-road,' in the company of his father, on the park side, and when near the New Exhibition -road, Princt's-gate, he saw a Hansom cab coining along in the opposite direc tion, towards Ken-ingt on, at the usual Hansom cab rate. When about 15 yards from them tne horse made a sud den bolt, anil darted right across the road towards the front of witness. At that spot the path stands very high from the road, and one w h ee l of the cab passed up the embankment, and raised the side of the vehicle almost perpendicular. Witness's father caught hold of him, a.,d draw him on one side; as he did so the horse's head touched his shoulder. The cab immediately toppled over on its side, and the cabman was thrown into the road from his box behind, and two ladies who were in , side were b y the force jolted out in front. Almost im mediately afterwards the horse fell over on its side upon the two unfortunate ladies. One was under the body of the horse, and the other was between its legs, in which condition they remained for ten minutes, the horse all the time kicking and plunging in a most fearful manner. As soon as they could procure assistance, the ladies were extricated and sent to the hospital in two cabs. One of the ladies appeared as if she was dead, but the other lady was only slightly injured. The defendant wa s the driver. He (witness) added that this made the fourth accident which he had seen take place at the same spot under similar circumstances during the past 12 months. The constable said the path from the road was above three feet, but he did not know of anything that would cause horses to " bolt." Mr. Ingham directed the officer to examine the place at night, and ascertain if there was anything to frighten horses, as it was a very striking circumstance that there should be four accidents of a similar nature upon that very spot within the last 12 months. At present the case appeared to be accidental, and he would, therefore, remand the prisoner on bail for the inquiries to be made. ties, The priremovesoner, not Bingbn able t o fi nd the required bure• was dto House of Detention. EXTRAORDINARY PLIENOMENON.—During the occulta tion which occurred on Friday the entire disc of Jupiter was projected, by some extraordinary refraction, on to able the obscure surface of the !noon, which was di s ti ngu i s h- luminous or titrinoen ; of tl e moon before its re a l ex i t . Th is phenomenon, was again visible o n th e phenomenon, was noted by Dr. Foster on the continent, wast ascribed by hi m to an extradinary terrestrial re fron, m but by other observers was referred to a lunar atmosphere. The effect was beautiful, and more satis factory than the projection of Aldebaran on to the disc of the moon, which the late Mr. Stephen Lee communi cated to the Royal Society, and which he ascribed to " differential refraction." There will be another occul tation of a star in Leo on the sth of March, to which the attention of astronomers will be directed, for the phenomenon bears closely on the disputed question of an atmosphere about the moon. [ADVERTISEMENT I—Holloway's Pills a Miracle of Science and never-failing Remedy for Liver and Stomach Complaints.—Edward Robertson, of John-street, Brie tol, in a letter to Professor Holloway, respectfully in forms him that he suffered for many years with a disease of the liver and stomach, until his constitution became so enfeebled and debilitated that he was entirely confined to his room. At this crisis he was strongly recommended to give Holloway's Pills a trial. He did so for a few weeks, and way quite restored to health and strength._ Sold by all medicine vendors throughout the world ; at Professor Holloway's Establishruent , i, 244, Strand, Lon don, and at 80, Maiden-lane, New York ;by A. Siaulpa, Constantinople ; E. G u id iey , S myrna ; and E. Muir, Malta, Country Markets. ED INBURaII RA I' A Nr) STRAW MARKET—. JAN. 13. Sul )plies of all kinds these last six days again large. Oat ; straw, from 8s 6d to 12s Od per kemple of 16 stones tron; wheat do., 8s 03 to 10i 03; barley do., &0..' to 10s 6d. Hay from 123 to is. 2d. EDINBURGH MEAL --JAN. 13. Th ere were in the market to-day 12 sacks oatmeal, each weig‘ wing 28011-, imperial, which sold at —s and 375. lilage of thi 11. 19s. —...........„. EiALKEITIT MEIt•L VARKET—JAN 12. r . , !!I ] , or ) were in the market to-day 27 bags of,oatmeal, oof bar lays real, and 0 p o t b ar l ey. Sales ready. oat me d, per sack of 2801b s First. Second. I Third. it Ipc :rial 35s Od 34 s Od 1 32,, Od Bar ley meal, per ditto ..... -s Od —s Od !—s Oa Pea 301 r eal, per ditto .••• --a Od —sOd—s Od 1 Floi t. r, new, per ditto .. —s Od. —s Od —s Od pot-8 warley, new, per ditto ... —s Od s Od I—3 Od DUBLIN, JAN. 13. Our corn market today was fairly supplied. We note no alte ration in the price sof wheat and barley, but oats quoted 3d t o 6d c. ' leaper. N othing doing in In-, dinivantcb'on. White beat, 323 01 to 3Z;3 Od ; red ditto, 31s 6d to 333 Od dit: 3 n l / 4 —s ; barley, ; malting, 163 to 253 6(.1 ; grind ing), 15s to ' O3 6(1 ; oats, 01, 1, —a to —s ; ditto, new, 115 Od to 15s Od ,?atmeal, 14s t o 15 s 6d ; b ere, new, 163 to 18‘ , raw , d, 0 03 Od to 32s t d per brl ; bakers' flour, 205 01 to 263 Od per ev 't; ludiau, corn, 32s Od to 363 Od per 480 lbE. BRI,sa 7 OL S I7, GAR-JAN. 14. A cargo of Deme IA sugar was brought forward this week, of which only 17.5 hhds were sold, owing to the stiff rates required by hill )or. ters. A cargo of Mauritius of 500 tons on French accour.' t was also sold for arrival at full rates. Runs —The onl y s:Aci made has been rA) puncheons of Demerara at an ad% once of 2d per gallon on the former rates. The market is now en tirely cleared. 00AL . "ARK Prioeti of Coal per to n at i tae close of the market. Wallaend, &o. 8, Bates's West Hartley 1( ; ( 1 Bebside's Hartley 16 Grey's West Hartley l6 a d. Brown's] Moor High Main l7 9, 1? Evenwood 16 , Kelloe 19 6 Boll's Prim rose l4 6 Eletton Lyons Main ~, 18 6 Whi tworth l7 0 I'ees 2O 6 9 Derwentwate r H ar tl ey l5 south lletton 2O 0 Wallsend, Hough Hall l2l 0 Eden Main lo+ 3 Wharnelifre 18 Haswell 2^ 13 Ricllinund Stewart's 9; ) C.wndon Tees Peusher... 1: 1 0 ships at market.. . 49 f Sold 42 LOCAL SH ARE MARKETS. LIVER / 'OOL, JAN. 14. 6TOOE ExQRANGE.—T b e market has been doing a veri steady business to-day, au, 1 prices advanced tot per can on yesterday's quotations. Birkenhead, Lancashire, and Cheshire, 65 —Manchest4 Ir, Sheffield, and Lincolnshire, 3,q —London and North I Vestern, 1054 c. 68—Blackburn• B.ll.3.—East Lanca-ihiro, , 23i Eastern Counties, 93' Lancashire and Yorkshire , — Midland, 824 4—North Eastern and Berwick, 21. —South Eastern, 22 i—Dutch Rhenish, a dis.—Blackbi arns, 6 per cent., 21i—Calede• nians, 31. MANCH .ISTER, JAN. 14. STcos EXCHANGE. 'There was a firmer market tee day, with a moderate bu siness done. The chief improve' ment was in Sheffields. BIRMIN GHAM, Jig. 14. STOOK EXOHANGE.—T he railway share market was quiet again to-day, and price s generally about the same 04 yesterday. London am 1 North Westerns, 106 106 i" Midlands, 821 t—North British, 34—Great ‘Vesteret 66i 7#—Birmingham & inks, 33 ,j—Birminghana Canals' 921—New Union Mill, 3i SEABO RNE [When the 'late for makine up a mail falls on a Sunday, the Ma n remains open until the day to' ;lowing; except in the case of the Indio , mail, via Southaitmton, whi Ch, on such occasions, is made up t" evening previous. .:_ , .~a Lisbon.. • • • • Spain Gibraltar Gibraltar 1 Malta • • • • .• Egypt ..•• • • I Ceylon • • India Maui aius FR OM By what When By ^ Vessel. expected Vess el. P ost-0 gic( ...:. patched. _ ........ 0 7th,17th,.& } South- ampton [ 27th of th 0 Tagta Jan. 14 Madril ‘ month. arr. 14 10 4th & 20th, 4th and of the Pera South- 20th of I n dall month. ampton 1 ' , • the month. / 4th of i c . South- ........Feb. 4.. ...... month. j ampton I ... .. .. I . ' South- Af o re' i ti Jan. 31 L i g ht .• Feb. 5.. .. I Dart- Harbin- ld mouth ger Jan. 25 Eng.— 'o 1 ~ 1 Feb. 9... • } "' oil "' l anlPt'n • Feb. 12 Avon J " I 2dandl7th hat and I of the South. 16th of moods. i ampton Orinoco the La I'l o I month. 1 16th of i ?e lan. 2 .. .. 17 ..}. South- OilnocO the La r 4t4 ampton month. South ampton •••• • Jan. 23 ..} m P o l u y t - h Gambia Feb 6 Ethlol 4 Every Fri.} Liver- l Arabia lan. 19 EuroPa Jan.2o and} Liver - a l u te da)s alrnate Pool Baltic J an . 15 Salad ces. F. 14 .. } South. Ara: , ,e Feb. 19 Arag. roa. 21 .. a L rn iv i er ° : Anglo- Feb. 4 N. Are. 1 pool Saxon ricau•, China Penang .. • • M Singapore Australia(via/ the Cape) Cape of Good Hope Mauritius Ceylon India Lisbon 1 Madeira j CapedeVerds Brazil BuenosAyres Faikland Is lands West; Incl'esl (except Ila vana and Honduras). Venezuela Grey Town New Granada Chill Peru Calliornla Honduras .. Nassau .. .. Mexico ... Havana .. Madeira .. Teneriffe W. C.of Africa British North America . U nited States United States Br' tish North America .. United States British North America .. Canada _li- —Morning. E—Evening. TFIE "UNLOOKED•FOR COMPLIMENT."—A. corresp . ol ?; say d s e ' r — th " e luanno h t e b a u cl‘ express a hope that the paragraph i Vi under Cod above ~ ..0 ing is incorrect, and that dent of the Times, of yesterday rington, t,'„, , late and last commander of our English army in the Sew, n r an English sailor. Our army never Occupied Yalta, -- 0 has not condescended to accept " loot" at the hands 0 " was there ever any military or maritime demonstration against that pleasant little sea coast town, a n d if the worthy tar `found' a Russian general officer's state sword in any of the houses of Yalta, he must in p l a in English have 'stolen' it while we were off the coast! . a temporary visit wi t° or while he Wag on shore during a flag of truce for the surrender of prisoners." A " MILKY WAY "AT SEA.. --A. lady, on her voyag° to Calcutta, writes the f ollowinct, to print:—When in the Gulf of Aden, we saw a very re: rnarkable sight. It was a rough and blowy evening that which we are permitte d we were called on deck to see the "milky water," which seen in this region. It is still undecided whether is only the effect is pro , uced by electricity, by atmospheric causes, or by animalcule. Instead of water it seemed se Thif the vessel were plunging throuh drifts of snow. Fe ap pearance extended even to the great horizon, and if the or , had b een colder, and I could have heard the sound of leigh-bells, I should have lost all idea of the sea, an„. l , imagined myself enjoying a magnificent sleigh ride. -tt was a splendid sight, and it is very remarkable that ii° chemical analysis can detect any peculiarity in the corn' position of the water ; and as soon as d ay li g h t or moon ' li ght comes, it vanishes. The " milky stray" lasted for three nights, and then suddenly stopped, and every even' mg afterward the water was as usual. BIRTH; Or A aort. On the 14th inst., at 9, Glocester-erescent, Regent's' park, the wife of C. H. Hodgson, E sq . O❑ the 13th inst., at 19, Portman -street, the wife of C• It. Knight, Esq. OP On the 14th inst., at A. DAUGRT/R.2, Dudley Villas, Stockwell, the wife of Hubert Scott, Es q . On i;he 13th inst., at Frittenden, Rent, the wife of the R e v. Arthur Cazenove, M ARRIE D. On the 13th inst., at St. Mary Abbott.% Kensington, Charles Thurston, eldesi. survivinr, son of John Thompson' Esq., of Campden-hill, Kensington, to Charlotte Jane,. youngest daughter of the late Wm. Andes. Bond, Esq., ' 3/ Ashford, Kent. On the 10th inst., at St. Joh n ' s , flamer, Esq., of Caernarvon, son of the late Henry Hamer , Esq., of Liverpool, to Julia, youngest daughter of the late John If Liver Esq., of Ealing, Middlesex. Chester, John Price D I E D. On the 13th inat H. at St. Leonari's-on-Sea, M ajor• Gen• GlVeojoirnigiaothinecCllio3ffttohrain'anhit..o., aged 67. of On the 13th inst., A -.la ne, Wife of John Yonle, Esq., aged t er6 B ,6 r .t ix s t ci o . n : o a f ft t e h r e a ß f a e n w k Kensin gt, m i -go re, Bryanston• On the 12th inst., at Upper George-street, Bryanst square, Colonel William Ovenden Massy, formerly of the d o a f y E s' n i g ll i n a e n cl: Austrian service. p❑ the 2d ult., at Spanish-town, GaOinnsftohredl:3Etshq.i,noaft.a., eartracr(bryceroohssr, Anna, relict of T . Jamaica, Henry bl , Shirley, Esq., of Hyde Hall, and Eatington, in that island and Member of the House of AsseniblY, aged 30. D• At 9, Canon -street, Arlington -square, Mr. Edward aged O. ___. Boulter, formerly of Leicester. - - -- LONDON : Printed and Publighed by MURDO YOUNG of No. 112, Strand, Printer, at The Sum Office, NO. 112, Strand, in the Precinct of the Savoy, in the coup of kliddlooox. _T- ti - THE SUN, LONDON, THURSDAY EVENING, JANUARY 15, 1857.