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

LAW ISTEI.i,IGg\CE—Jan. 14. COURT OF QUEEN'S BENCH. (Sittings in Banco, at We,truinster, before L ,-, rd Camp. bell, and JuAtices Coleridge, Wiegman, acd Erie.) FELL V. BURCHETT-BRITISH BANK. Ws action was brought against a shareholder in the Brit►sh Bank, to recover a sum of 331., which the plain- tiff had 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 consent for the plaintiff, with leave to apply to this Court to enter it for the defendant. Phipson now movers accordingly. The bank was founded under the 7th and 3th Vict., 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 continued so. The action wa4 for money lent by the plaint.ff to the defendant, and for mosey had and received I,y the defendant for the use of he plaintiff. Lord Campbell said the first question would be, was the defendant individually liable? Mr. Phipson—Yes • whether in a,dslition to hi. par liamentary abli2ations, 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 cause, and we should be glad if you could refer us to any authorities upon the point. Mr. Phipson said he believed there were no authori ties bearing 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 Joint-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 most proceed by the statutable remedy. Rule granted. BEATTIE V. LONDON, BRIGHTON, AND SOUTI! 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 passed for the plaintiff, and a rule was subsequently ob tained far 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. Thndmarsh against it. Lord Campbell said the Court thought there ought to be a new trial on the question of novelty, with regard to which the evidence adduced at the trial was not -atisfac tory. If the fic(lin4 of the jury on that point should be in favour of the plaintiff, it would then he for the judge who tried the case to decide what, in point of law, the patent was need for. Rule absolute—costa to abide the result of the new trial. COLTR.P OF CONINION PLEAS. (Sittings io Sine r, brfore L rd Coief Justice C3ckburn and Ju-tices Crsaswell and Crowder.) EX PARTE TIIE SOUTH-WESTERN RAILWAY COMPANY. Mr. Qoain moved t3i. a rule calling upon the south Western Rail way Company to show cause why a writ of injunction ahotild not he issue 1 aga;nst 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 Winder line, to Kingston, on the London and Soot la-Western line. The applicant stated that his omnibus E - .. - nmenced 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 by a wall and railing, and can be approached only by passing through the iron gates which forme4 part of the railway. On the 15th of November the applicant was about to approach tke 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 course of conduct bad been pur sued down to the present time, and the passengers bad to alight at the gates and carry their luggage to the sta tion, a distance of 75 feet. 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 nage, 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 tra velling from Twickenham, Teddington, and Hampton. wick, be 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, any particular o,rson or com pany, and it was submitted that such preference had been shown in this case. Rule granted. POWIS V. THE OVTICIA.L MANAGES 01 TIE 'ROYAL BRITISH SANK. This matter had been before Mr. Justice Willes at chambers, but he bad referred it to the Court upon 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. Meliish showed cause. Mr. Lush said that the plaintiff was a judgment cre• ditor of the bank for 5761. 161., and the present motion was for leave to issue execution for that amount against Mr. Beattie, a shareholder in the bank, and registered as 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, but if the Court thought otherwise his friend would then say that the defendant had purchased his shares in the bank 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 incorpora lion to banking companies, bat the 16th section enacted that within three months afterwards, and before the commencement of business, the bank should file a memorial setting out the names and addresses of the various members of the c .mpany. It wa- further enacted that they sho.ald eyt ry year, between the 28th February and the 25th March, file an annual memorial of the members of the comp-fly, and ghoul t also from time to time, as the occasion might require, file other memorials, stating who had become new -members, and who had ceased to be members of the company. The obj-ct of this enactment was the protection of the public, ant to enable people to know of whr.m they were to obtain payment of debts, The 21st section was in these terms Be it enacted, that the names of the persons who shall appear in the then last deliver - .; memorial and their legal repre, , entatives shall be liable to all legal pr-ceed• ings under this a t as existin g shareholders of the com pany, and should be entitled to he reioinursed as such existing shareholders only out of the fund: of the com pany for all !wows by reason thereof." Mt. Justice Cresswell—You do not go so far as 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 Ot4e to do so. Mr. Justice Crwswell—There has been one case of that. kind—the Imperial Bank of Manchester a,,d the adjoining districts. In that case the manager returned on oath a list of persnns as sharehAders who never were shareholders. The bank was supposed to have a capital of a million or t whereas the only paid.op capital was 5,000/., 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 be did not repudiate his liability until after bankruptcy had taken place. The memorial had been filed in a bona jide manner, and he, therefore, sub mitted that under that state of things the defendant was liable to have execution issued against him. The Court intimated a desire to take time for conside ration of the matter. Judgment was accordingly postponed. Letters from well informed parties at St. Petersburg state that the great Ttussian railway project will probably be brought forward at a very early date. According to the represe n t a ti ons studiously put f orwar d in Russia, the great house of ;Ltieglita and Co. were parties to the contract, together with the credit Mobilier Society, Messrs. Hope, Baring, Ste. In the copies of the con - ' tract received i n L on d on, however, the name of Messrs. Stieglitz is wanti ng , jADVEivnaludirstT.l SIGHT AIDHRARING SPICCTACOSP, POWPIRFUL TBLMCAPRFI, OpER A S, and Run, ASD PARSPICTIVII opticians, 39, Alhe marlo-street, Piccadilly, ase'rvie°rn:opiosite the York Hotel. By k er Majesty's Royal PatentLetters the for valu a bl e an d extraordinary improvement s in brilliant Telescopes, Camp, Racecourse, most op powerful and spective Glasses, to know th e distances. These telescopes possess such extraordinary powers that some three and j a-half inches, with an extra eye-piece, coil; show distinittl moons, Saturn's ring, and the double stars. Witll Tl t. e h y up a ite l s telescope can be seen a person's countenance three miles same half distant, and an object from 18 to 20 miles. are of larger and all sizes, with increasing powers accordingly,-I'o9 R o yal Exhibition, 1851. Valuable, newly-invented v .-1-ne . powerful waistcoat-pocket glass, the size o f a walnut, by which a person can be seen and known i miles distant; they answer every purpose on the race-course, and at th e operah country scenery, and ships are clearly seen at S toOmnisleess.' They are invaluable for shooting, deer-stalking, yachting, sportsmen, gentlemen, gamekeepers, and tourists. Opera to , race-coarse, camp, and perspective glasses, wi t h wo n d r l rower. Newly-construrted Spectacle Lenses of ther.reeatt. es 1 transparent power. The valuable advantage derived r em this invention is, that vision becoming impaired preserved and strencrtk:,red, and very aged person, are enabled to employ their 8 - Wit at the most minute ()eer: pation—can see with these lenses of a much less magnify.- l e g power—and they do not require the frequent cha nge , to the dangerous effects of further powerful assistance. i Persons can be suited at the most remote part of the world, by sending one of the glasses out of their spectacles in a letter, and stating, tLe distance from the eyes they can read small newspaper prtuf with it; and those who have not wade user of spectacles by stating their age. Deaf nov. N e w Discovery. The Organie Vibrator, an ex traordinary powerful, small, newly-invented instrument for deafness, entirely dif f erent from all others, to surpass any thing of the kind that has been, or probably ever can b e, produced. Being of the eame colour as the skin, is not per. eeptible ; it enables deaf persons to hear distinctly at church sad at public assemblies; the unpleasant sensation of singing noises in the ears is entirely removed ; and it affords all the sasietanze tliat possibly could be desired.-39, All?enaarle• trout, Piccadilly. Obeerve—oppoeite the York Hotel. THE_ SUN, LONDON, THURSDAY EVENING, JAN GARY I IS, 1857. THE GREAT GOLD ROBBERY. CENTRAL CRIMINAL COURT--JAN. 14. SECOND DAY. [The following appeared in part of our impression of yesterday :--] (Before Mr. Baron Martin and Mr. Justice Willes.) The learned judges took their seats on the bench at 10 o'clock this morning, when the prisoners Pierce, Burgess, and Tester were placed at the bar. Thomas Sharman, who now keeps the Torrington Arms at Mereworth, Kent, deposed that in October and Novem ber, 1854, he was station clerk at Folkestone, and he then saw Agar and Tester together there. He spoke to them, and went to the 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 Mr. 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 Agar he informed Hasel that he thought he was mistaken about him. Mr. G. H. Ham], 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 severs: occasions. They walked on the pier and watched tke arrival and departure of the boats. He had a reason at that time for watching Pierce more than any ordinary per son. He made a communication to Steer, of the Folke stone police, respecting 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 he 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 one 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 want on the platform. Witness only issued two tickets 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 nen 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 theta 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. fir. W. Clark, landlord of the Rose 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 13-51. They asked the way to Dover, and left in that direction. Robert Clark, waiter at the Dover Castle, Dover, re • collected two men coining to the hotel in May, 1155 ; 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; he 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 dechlued his offer to procure them a cab. William Woodhouse, a porter on duty on the morning 01 the 16th May, gave similar evidence to the above wit• ness. There was no other luggage in the van that morning. Stephen Jones, gavel en the South Eastern Railway, deposed that on the night of the 15th of May Tester came up by his train to London. Ho had a black leather bag with him. He had seen Pierce and another man four or rive times on Folkestone pier. In 1833 he saw Burgess, Pierce, and Agar together at Stearne's public-house in Tolley-street. Cross-examined by Mr. Sergeant Ballantine—He was examined in June, 1855, about the robbery, but he never said anything about the black bag until after Agar's exa mination, which directed his attention to it. He did not see anything unusual about their bag. Me. Frederick Ruasell, clerk at the London sta tion of the Greenwich Railway, deposed that one night in May, 1855, Tester came to the office about ten o'clock. lie said he had come up from 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 mania , ' about two months before the robbery. John Perry, 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 in it. Mr. Chubb, of the firm of Chuhh 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 bond locks were the same, and the left handlecks were all alike. This evidence was corroborative of Agar's statement that the robbery was delayed in consequence of some 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 iu his dice. 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, hail the words " and May" added to it, thereby continuing the April list for the month of May. lie called Tester's attention to it, and be replied it was usual for it to be done. Tester had no control over the keys of the bullion chest ; they were kept by Mr. Browne, who directed Tester when to use them. He knew of no besinees of the company requiring Tester's attendance at Folkestone, except on one occasion, in Sep tember, 1854. Cross-examined by Mr. Sergeant Rallantine—On Iwo 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 16th May. He gave 2131. 10s. It was about nine o'clock in the morning that he bought them. He could not identify the man of whom he bought them. He paid for them in English g old at the m an ' s d es i re. Th e man appeared tired, as if he had travelled. Mr. R. Brommiell, money-changer in the Haymarket, deposed that on the 16th May he purchased 200 A merican eagles for 2031. GA. Bd. by cheque on the Union Bank, pay able at the branch at Pall-mall, East. Mr. Alexander White, clerk at the P a ll- mall branch of the Union Bank, proved 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 Herleyford-road, Vauxhall. He lived with a f emale who passed as his wife. Pierce visited Adams in the name of Peckham. The latter assisted Agar when he left to move his furniture. John Honour, hairdresser, of Lambeth -walk. deposed that when Pierce lived in Walnut-tree-walk he drawled a dark wig for him. 1t eves in November, lese, Poland Kay was then called and examined by Iw asacgaVfuntnb ediwidigtehAAtagtaillrj. was . FannyengagedSergeant S n h t e h e e. refreshmente fo r room Burgess introduced her to Agar,bywh ti ,i)lmpemer, s e h e ehad b a child. lBs4 She lived with him at various places t when hat bweiftehreeaAchgaorthweern. went to sh they ehad wentgee seen o Agar and pit; Pierce to retogeth er site. very Previousefoften. n to T d i h d ey n e a t p s p e e e a r ß e i d i rtgoe essi n w t e h l l e l a r cq eo u tu al p n a te n t y i Shepherd's-bush. Pierce went by the name o Slay, Peckham. She recollected her child going to be weaned in fortnight Charlotte a f Painter terle f then n a lived sen d w a i y t h . h her went s a t o servant.see it, b li B Ad after th e d ea th o f Mrs._Bessell, hernesxbtefredeoo,r a n n e d ig . w o e u e r k , on the 18th of May, 1855. A few days after Agar was sbsent all night. It was on the Tuesday or Wednesday. Sho 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 in to the wash-house. She did not see the bags opened. After that Pierce came daily. After the 21st of May, he and Agar were on the first floor, she looked into it once, and she saw they had the stove out, and a bright fire ; they both ran to the door and prevented her going in ; previous to that they had been notch in the wash-house together, when she heard them hammering. They had drab shooting leather bags. When they were upetaioi, she heard a noise like the roaring of a large fire ; she heard that for several days. She saw Pierce bring down from the room what appeared to bo square pieces of stone. When they came down to their meals they appeared hot and dirty, and t o h er in quiries what they were about, they replied " leather apron weaving." She heard them in their conv ersat i on mention Burgess and Tester's mums. Afterwards, she noticed that in the upstairs room the stove had been replaced and black ened, and that the floor was burnt in two places. Pierce and Agar had short cloaks. She had seen Pierce with more 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 was at itotheihithe with a cousin of his. Some time after he left her she resided in George's-road, and Agar provided for her till the Janu ary following. Ho was to have allowed her 1/. a weak, 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 for a 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 have Agar's old clothes. He used to take them away. After the robbery she saw in Pierce's hand 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 23 years of age. She left Tunbrige-etatio❑ 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 Treas. 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 I had given her a sovereign or two, but not for an improper purpose. He was no relation of hers. Tress gave her St. 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 was not dismissed for impropriety of conduct at Tunbridge. She knew a gentleman named " Bill Barber." He was under-guard. He never gave her money. She remained at home with her mother about eight months, and she then went to Johnson's-street, Somar's-town and she had work from Mears. Crosse and Blackwell's, Soho square. Hart called there and saw her. She lived then with her mother, but Hart, who visited her then, never saw her. It was there she knew A gar 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 registered 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 period at a time. She had been out two nights whilst at Pierce's. She quarrelled with him on account of a letter she had from Agar, and not on account of her drunkenness. She would not swear she had not been brought home there drunk. She did not re collect tieing brought home drunk in a wheelbarrow at Shepherd's-hash, 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 he said he had won on races. She never saw him with a betting-book. She would undertake to say she had received 801. of Pierce. She would venture to swear it was not 1001. Mrs. Pierce had 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. Oiffard—She was introduced by Burgess to Agar at the Green Man public-hous3, Tooley-street. After that she never saw Burgess and Agar together. She did not kn.♦ till after Agar's conviction that he lived with a per son named Campleell. Re•examined by Mr. Sergeant Shee—Hart made hon ourable proposals to me, and after he loft 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 knon if it be true. Because Agar said he gave to Mr. Wontner 3,0.:01. to b 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 you ever heard of 3,0001. being invested for you and your child S' 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 Shoe—l wont take advantage of Mr. Wont ner'e statement to claim a reply. Mr. Sergeant Parry—Then, as your lordship wishes to have the matter explained, 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 had no claim on it. Mr. Wootner—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. Wootner. Mr. Wontner, —Agar, whom I defended, had had a sum of 3,0001. 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 the money realised, which reduced it to 2,5001. Agar sent me a writ ten order, which I acted on, and paid the money ever to Pierce as requested, which he has invested in Turkish Bonds. The Benda have been naked by the prosecution, and they are now in their 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 prodace 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 that he 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. Stearns 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 companywith 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 hie 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, said he knew the three prisoners at the bar, and was in the habit of meeting them at Stearne's He purchased five hundred pounds' worth of Turkish Bonds for Burgess in Jan., 1856. He paid 4071. 103. for them 4051. in notes and 21. 103. in gold—which he obtained from Mrs. Burgess by Burgess's direction. He paid them over 1 to Mr. Hutchinson, abroker. In answer to questions from the learned counsel, witness said that he 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 100/. notes were paid out of the Bank in the name of Edgington for gold. One of the 1011. notes came in on the 11th of Sept., with Tester's name and address on it. Witness produced other notes, which it was proved h a d p asse d th roug h th e prisoner's hands , and the dates at, which they were paid into the bank. George Raffle, 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 one 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 ho was in his employ at 30s. a week wages. He was in his employ about 12 months. He kept a betting shop, and had considerable betting tran sactioes. Witness had never changed other notes for him. Witness took notes for him in business, and he had seen considerable sums— more than '?00/.—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 ranch 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 with Pierce at the Boar's Head in making up a betting book with him to the extent of about 100/. 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. 2tetirne. 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, 1856, he sold out two bonds by direction of Mr. W. Tester, the prisoner's father-MI purchased it with the proceeds of other Spanish bonds which Mr. Tester brought us to sell. The bond purports to be for 1,1201. 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. Mr. W. C. Furney, a clerk in the Bank of Eugland, 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 100/. 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 geld for notes to the amount of 6001. during the month of May, 1855. Mr. Lee, recalled, stated that in March laid he 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. r i nvestigation.M trhpros ec ution, Reea I went up to K solicitor to the South-Eastern Railway Company, examined by Mr. Bodkin—l am the solicitor fo pantry, of n Y t i r e y r leading neath th 6 l e f' had been filled up withcci ders. p pantry, and, on searching in this a d had been from foe arrest, found e t a hpnbhfnea dug, s o ot , nan n h :: th yde n l e . a hl ; g aa o n: nvr(ons have conducted s e t h eo a r s cfs (Pierre's what g r h residence) s garden o dt f heh ene s a i t h rwe e d) p h f o s fo . r rnl o oe n mt u t oh . fe n A ( and gl this e aa r yr . disturbed and a hole had been du the cinders, and the claw of s hould , ' only recently been filled u p, for the re were the n atural ayt h clap 1. th had he deeds, and securities of diff'ereieitamsorts. The g r een tool box l e a r n e . s t was in the attic. I also wenetorutlnoutiC°teafm2 fr ilseWsrhi°d'ig"ef-lvelallsae Shepherd's-bush IthfeorugesnaidtdeetnihCleo residence, ,h,it ( A g a r's where three re e fiar relc e e the b bre m gold w h re cahs meltedhad ee vi'dnaonpwdr-n t ) ) . ehi Ini h ad th p r oduced and identifi e d by Agar. t ' , T , h c e chimney (ow was very bore evident marks of having been The floor between the fireplace and th e great heat. mu ch burnt. I had the boards taken a nd u p, pwinl underneath were a number of small bits of gold, w h ich h a d evidently run through the floor. When I saw th e man Agar a t Portland I did not say anything to him ab ou t what I ha d seeCnroast his house.sexamined by Mr. Giffardz , lt Was about the middle of October when Agar made the statement. F. Williamson, a detective officer, examin e d b y Mr. Ser geant Sheo—l went with Mr. Rees to Kilb urn -villa, and, besides th e pro p er ty mentioned by him. I f oun d there a gold watch and chain, which I produce. The watch has a. representation of Windsor Castle on the dial, and the initials "E. R. A." on the back. There were also betting books and same I 0 ll'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 to g o'.o 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 Dec to trouble the jury on that. Tin Court then adjourrecl until 10 o'clock to-morrow (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 take's on Friday morning. neatly. I did not threaten to leave him on account of die. honest practices, and I did not know that he had been con victed. We went to Cottage-lane about a fortuiL e bt before Christmas. I think it was in March when I saw Saward. 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. He called once on a Saturday. Atwell and Saward spoke before me, but in so low a tone that what they said did not reach me. I recollect Mrs. Ilaydon coming into the room when the cheques were lying 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 beforo 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 read 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 Cottage-lane. She told me she should know Saward again, and I her that I should know him. Atwell did not say anything to me about Saward after his conviction. I never saw Saward except at Cottage-lane. He wore a 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. Re-examined by Mr. Mullens—Atwell spoke to me about Saward before his conviction, but only once. I have seen Atwell in Newgate each time that I have been permitted to go there. When Saward came in I was in the room Further cross-examined by Mr. James—lt is not quite three months $l.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 Atwell's conviction. I took that parcel to Newgate, and it was de:ivered 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 hook. 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 one 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, 185.1, 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 days. The pri soner Anderson is something like him. When Hammond wan 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—l am a greengrocer, living at 14, Chapel-street, Oxford-str ee t. I n F e b ruar y 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 sto as a sere , it, and sent me to the East o n -s quare s t a ti on to get hi s l uggag e. I re turned to the City-road, pro duced for 911. to g e t cas h e d . I presente d it an d was detained. Ido not k when he gave me the cheque now 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. excite much suipicion, particularly of Cook, the gaoler. Previous to the examination, and while the prisoner was seated in the gaoler's room, her husnand made several efforts to whisper some private communications in her ear ; and so determined did he appear is his purpose that the gaoler was compelled to be very peremptory with him. That officer, who is a kind and humane man, told him he might be present and say what he liked to her in hie presence, and that he might hear it, but that he could net consent to his whispering anything to his ' wife, who was evid , ntly under considerable control or terror of him. Finding himself foiled, Bacon asked per mission to kiss his wife, and this was allowed; but when about to do so, he was about also to whisper something in her ear, which, Cook perceiving, at once 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. POLICE INTELLIGENCE—Jan. 14. BO W-STREET. boy ❑amed George Welford, who said he was 13 years of age, but looked older, was charged by George Retson, a carpenter, with breaking into his workshop and stealing a quantity of tool , Scc., valued at 304. The prosecutor said that he rented a small room as a workshop at 12, Charles-court, Strand. Tne prisoner lived with kis parents, who are honest 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 he found the padlock had been broken open, the room euter2d, an 1 five planes, a saw, a screw' driver, and some other articles taken away. His suspicion fell on the prisoner, who had once before attempted a similar exploit, and ne mentioned the matter to the lad's father, who assisted in searching for him. Ultimately they traced him to the Victori; Theatre, where he was given into custody. Hs acknowledged that he had broken the lock open with Ms la her'- pincers, and had stolen the tools, sold part of them, and pledged the rest at a pawnbroker's in Soho. tue tickets were found on him. lie said he 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 ha 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. Tne prisoner acknowledged his guilt, and admitted that ho had been previously committed. Mr. Ile.,ry—Tne only thi❑g to be done with such a boy is to put him into a reformatory, and with that view I will commit him for trial. WORSIIIP-STREET.—EmiIIe Triese, a middle aged man, in an evident state of abject destitution, but who described hinkelf 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 the rear of the d wet- ling-house of a gentleman of Old Ford, and it having been suspected that he 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 denied having been actuated by any felonious intentions, 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 k• had been wandering about for the last month in a houseless 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 for obtaining further information with regard to his antecedents. Henri Delavitte, a detective officer attached to the French embas,y, now attended and stated that he had closely interrogated the prisoner, who persisted in de claring that he had been expelled from Lyons and shipped over to this country at the expense of the French Government, under the circumstances described. Mr. D'Eyncourt 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 meantitm , must be conveyed to the workhouse of the district in which he was found, where he would be provided with a temporary asylum. LAMBETEI. —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 nut interest the public. HAMMERSMITH..-Edward Gilbert, aged 41, a cab driver, badge No. 3,542, was charged with carelesr driving and wilful misbehaviour, whereby a lady named Mary Ann Sparks, lately staying with her friends at evena-villa, New-road, ilauluiersumb, was severely injured. _ _ •ymour, of the B division, stated that a'uout half-past six o'clock on the previous eveniug he received infortna tio❑ that a serious cab accident had taken place in the Kensington district, near Prince's-gate, th-tt one lady had been killed and another severely injured. 11. 3 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.. Tie prisoner was standing by, and assisted in putting the horse in the shafts of the cab. The prisoner first denied that he was the cabman, and declared that the right cabman had gone to the hospital. Witness asked him where his cab was, and be 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 sion 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. ;ion Tile prisoner denied having said the driver had gone to the hospital. That statement was made by ot h ers and the ; reason he did not claim the horse and cab was that he N/88 so frightened that he thought the best plan fur him to adopt was to acquaint his master of what had happened. The horse " shied" while he was driving. Henry Heruett, of No. 12, Catuden-street, said on the previous night he was walking in the Kensington -road, in the company of his father, on the park side, and when Dear the New Exhibition-road, Prince's-gate, he saw a Hansom cab coining along in the opposite direc tion, towards Kensington, at the usual Hansom cab rate. When about 1& yards from them the horse made a sud den bolt, and darted right across the road towards the front of witness. At that spot the path stands very high from the road, and one wheel of the cab passed up the embankment, and raised the side of the vehicle almost perpendicular. Witness's father caught hold of him, arid draw him on one side; as he did so the horse', head touched his shoulder. The cab immediately toppled over on its side, and the cabma n was thro wn i n t o t h e road fr om his box behind, and two ladies who were in side were by the force jolted out in front. Almost im mediately afterwards the horse fell over on its side upon the two unfortonate ladies. One was under the body of the horse, and the other was between its lege, 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 was 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 I`2 months. At present the case appeared to be accidental, and he would, therefore, remand the prisoner on bail for the inquiries to be made. The prisoner, not being able to find the required sure ties, was removed to the House of Detention. EXTRAORDINARY PRRNONENON.—During the occults, tion which occurred on Friday the entire diso of Jupiter was projected, by some extraordinary refraction, on to the obscure surface of the moon, which was distinguish• able at the time ; the planet was again visible on the luminous portion of the moon before its real exit. This phenomenon, was noted by Dr. Foster on the continent, was ascribed by him to an extraordinary terrestrial re fraction, 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, arid which ho ascribed to "differential refraction." There will be another occul tation oft 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. [A DVE RTISRMENTI— . Holloway's Pills a Mi rac l e of Science and never - failing Remedy for Liver and Stomach Complaints.—Edward Robertson, of John-street, Bris• tol, in a letter to Professor Holl oway, 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 was quite restored to health and strength. Sold by all medicine vendors throughout the world ; at Professor Holloway's Establishments, 244, Strand, Lon don, and at 80, Maiden-lane, New York ;by A. Stamps, Constantinople ; E. Gnidicy, Smyrna ; and E. Muir, Malta, THE DOUBLE MURDER AT TrALWORTH EXTRAORDINARY AND 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 Bae )le, 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 prisonee'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 gentleman who had been examined at this court, and at the inquest also, that the wounds on the throats of the poor children, and *Lich 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, w hit e the wounds on the prisoner's own throat were mar e 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 connecti m with this unfortunate tragedy of a startling 1 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, addres,ing the magistrate, said—Your worship having heard fur 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 1 morning, the 29th, and his return on the Wednesday 1 morning, the 31st, 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 be 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 Monday 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. It 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 particulars, 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 England 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 floin the London 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 7 Mr. Young—Yes, your worship ; but I am not cer tain whether the note passed in Bishopsgate-street is l 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 Bi s hopsgate-street was one of those he received at the London and Westminster, when he hesitated a good had deal, to id o a n nd d particularona length note otle a from,ssaid he k es asked and md he variedo the particularlyr considerablynotesw since here h e g h o e came tn h thisi s 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 rinvoranignrgeaftocroaßt i eig n a t t h e e , w ho it u h e on b l e y hi a n c d a h nv im as . j icket on, leav iMr. Elliott—Did he say how he left his wife on leaving home on the Monday morning I Mr. Young—Yes, sir. He said ho 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 rue, 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 I 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 cart , ii.g 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 piece 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 had 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, he 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. lie felt cousin,hq eui went quite e s sure t r ode down w t e tn w 1 was 1 ir done o no n op e te b tn o y e dt s a o tkh m ee e chdaorodeoyrowhf he saw ar h : v a had all uodianintilin. come in at companion and a protector to hga b ido er ar tfe octrehietvhadloi the door and not at the window, for he himself, while in u b bed d ill\ . tiah o r e n 0 enstn street. hi Elliott—Theo e g ee h rt e t . , w h ß e e: a nf r ot dr Before n.somebodytoouleaving a 8 uspo pni townuaestwe somewhat ote e u rambling a o a uc c d ih k bgi , m murdered ent a b o about t y t s h o e uu e m b o o n d e y y c s o coming; n belonging g — t l o r h e i a i lly wi ( f l e o , , was about to offer a sarinelwaardgaifnor . d t e h c e lai lissc i i t nc , watch only to etell then, but b truth h t e o (t. ffih eceorfficer. a w n i l sh th:n: 1 Mr. Elliott told him he should not trouble him for pursuit of his inquiries, and Bacon withdrew. Yesterday there was ranch iu the conduct of Bacon to should still go on in , night.o r a ?n d :weesadtnaal losti sdowts w alk , h h eteher e i hisesae. FRAUDS ON TffE 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, Mr. 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 an account with Barclay and Co., the bankers, in Lombard-greet. A few days before Christmas, 1855, my premises were entered, on the night of 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 my cheque book. I have got their counterfoils, which are numbered 9281 and 9303, the one being for 461. 15s. 61, and the other for 951. 17s. 6d. 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 Duttson, cashier atMessrs. Barclay's bank, said—On the 10th of Jan. the cheque for 451. 15s. 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 951. 17s. 6d. was presented to me for payment on the 10th of Jan., and I paid it in five 101. notes and 451. 17s. 6d. in gold. Mrs. Mary Ann Smith, of 103, Leman-street, White clspel—l recollect the January of last year. On the 7th or Bth of that month a person hired a room in my house. He said his name was Davis. That (pointing to Anderson) is the man. He said he did not know how long ko might want the room, but he might require it for some months. I ;let the room to him at 9s. a week. I can not say whether he took the key of the hall door. He said his luggage was 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 An derson saw him and took him into the parlour. A day or two afterwards the same young man again called upon me. 'mund Brown, porter at the King's Arms Hotel at H mpton Court—At the latter end of the year 185 ) I was a porter at Barrell's Hotel, London-bridge, and I left that situation in December. I advertised for another situation on the Bth of January following, and received an avower on the 9th, and went to the address of the party from whom I received it on the same day. 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 loner Anderson, and had a few words with him as to the advertisement which had appeared in the Times, and he engaged me to go down to Rugby with him to look after a pony cart. He was to go after my character that night tlb Ms. 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 hint. He told me I was too soon, and that his friend he expected had not come up. !le 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. We then went over to an eating-house which is opposite the railway terminus, and belongs, I think, to a person named Carr. We went ip 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, 45/. in gold, and 17s. 6d. in silver. I was to take it back and meet him at the eating-house. I went to the bank and got :he money, and I was going over to Mr. Bur• rell's, as Anderson had n ot told me he had been after my character, wr itt e n to respecting it. I had reached th e f oo t o f n th is e ed br a i a d had been bridge when tapped young man, wkom I hav e m i nce recog nised me on the shoulder, and asked me— Mr. James submitted that any conversation that might have taken place between the witness and Atwell was not legal evidence. The Lord Mayor overruled the objection. Examination c ontinued—Atwell asked me if I had been oe an errand for a gentleman of the name of Davis, Upon me saying that I had, he told rue that I was going the wrong way back. I told hint I was on my way to Mr. Burrell's, when he said that the gentleman was waiting at the eatinghouse opposite the railway. On our return back i I saw And e rson coining along, and said to Atwell, " Here s 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. He 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. Elizabeth Bethel!, of 4, Dean-street, Finsbury-square, servant to Mrs. Zaphiel, said—ln Jan., 1556, I was wait ress at Carr's eatinghouse in Shoreditch, opposite the rail way, and I believe that Anderson is the person I saw there about the time some inquiries were mule. I saw theist 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 llith of Feb., 1856. I have also seen hint 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 yon waiting to sees gentleman of the name of Hawkes?'' He 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. Hawkes. I told him that ho was not at home. This was after I had seen him in the City-road. He after wards cams 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 aisa of a finger, roll e d u p and lying o n the table. I saw this parcel for several day s aft erwar ds on the chimney-piece in Atwell's bed - room. It was like the roll of cheques now produced. Cross-examined by Mr. James —I used to work at, other places as charworean besides 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 he 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 been confined that morning, and I had heen 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 Saward now wears. Ho had no moustaches then. He did not ask me how Mr. Ilawkes was engaged. He again called on the Thursday an d on the Saturday, when I sho we d him at once. I did n o t see him touching the papers. I can read a little. I h ave no t rea d an account of these pro ceedings in the newsp a p ers . I heard of it from a young m an, and I then read a p or ti on o f it. Elks tbeth Beans--I live at N 0.29, Hartland-road, Cam den-town. In the beginning of the year 1856 I was living with Atwell as hie wife, and I continued to do so till he Nees 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 of his pocket. I noticed that they were cheques. They were doubled in half then. I went into the kitchen and returned into the parlour whilst Saward was there. I then saw the papers on the table. There was a mark on the back of them and some engraving, which I could not see, as they lay folded on the table. After Seward loft I received from At well the nine cheques produced, which I kept rolled 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 went to a house in Trafalg ar- p lace, Wel worth. I saw a female there , but I d id not see Seward. Cross-examined by Mr James—l first became acquainted with Atwell about two years and a haf ago. I fir hivedme him at a singing room in the bin gsland - 1 road. I firstd 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, 13:1Q to think that he was getting his living disho— Country Markets. EDINBI TRq-II HAY AND STRAW MARE-ET-- JAN. 13. Sari 1.. -, ies ( if all kind s th ese l ast six days again large. Oat 1 rom 8 s 6d t o 1 2s Od per kemple of Hi stones trop; f• u7 lv' at, ., Bi, / 0 ~ 8 1 0 d to 103 Od; barley do„ oa. to 10e 6. Hay , frcor.n 12(1 to ls. 2d. E.:111 NEURGII MEAL—JAN. 13. There were in 'he market to-day 12 sacks oatmeal, each weighing 280[b ice penal, perial, whi c h so ld a t — s and 375, Averale of the 'hole, 11. 19s. 6d. DALKEITFI 31 EPiL AP SET—JAN. 12. There were in the n. 'arket to-dsy 27 b ags o f ,oa t mea l , 0 o f barleymeal, and 0 pot parley. Sales ready. Oatmeal, per sack of `2.. S ol bs First. Second. Third: imperial Barleymeal, pe.• ditto Peasemeal, per ditto - - -s Od s Od —s Od Flour, new, per ditt0........, -s Od —s Od —s ea Pot-barley, new, per ditto — -s Od a Od Od DUBLIN, J Our corn market today was ' no alteration i❑ the prices of v must be quoted 3d to Gd cheai w dian corn. AN. 13. fairly supplied. We note 'heat and barley, bat oats :r. Nothing doing in In• White wheat, 32s Od to 35s 9,1 ; red ditto, 31s 6d to 33s Od ditto new, —s; barley, ma Ring, 16s to 258 6d ; grind ing, 158 to 203 6d ; oats, old, - —a to —s ; ditto, new, 11s 04 to 153 Od ; oatmeal, 14s to 1 5s 6d; bare, new, 16s to 18s 0;i ; raPe' . • d, 30s Od to 32s Od per brl ; bakers' flour, 208 03 to Od per cwt; Indian c urn, 328 Od to 363 Od per 480 Ibt. BRISTOL SUG, LB,-JAN. 14. A cargo of Demerara sugar was brought forward this week, of which only 175 hhds were sold, owing to the stiff rates required by importers. A cargo of Mauritius of 500 tons on French account was : ►lso sold for arrival at full rates. Rum -The only sale made has been 50 puncheons of Demerara at an advance o f2d per gallon on the former rates. The market is now e ntirely cleared. GOAL MAF ; :ET.-JAN. Felon of Coal per ton at the doge of the market. s. Bates's West Hartley 16 0 Bebside's Hartley 16 Grey's West Hartley 16 3 %ahead, Igo. I Brovrn's] .or High d. Main Evenwood l6 6 Kelloe. 19 6 Bell's Pritr t rose l4 6 Eletton Lp , ons Main lB 6 Whitwortl l l7 0 Lees Derwentt rater Hartley ls 9 South He tton 20 3 Wallsend, &c. Hough Hall l9 0 Eden Main Wharneliffe Haswell. 20 Richmund Stewart's Cowndou Tees , Polisher ~ 18 D i ...20 6 6 _1.9 0 Ships at market.. 49 Sold LOCAL SSA RE A I.! RKETA. LIVERPOOL, JA I. 14. - - dTOOK EXCHANGE.—The market has been doing a very steady business to-day, and prices a. ivanced to per cent on yesterday's quotations. Birken) lead, Lancashire, and Cheshire, 651—. Manchester, Shell; mid, and Lincolnshire, 33i—London and North Western, 1051 c. 6}—Blackburn„ B.ll.3.—East Lancashire, 23i Eastern Counties, 9i Lancashire and Yorkshire, 961 ilidland, 82i 1--North Eastern and Berwick, 21f —Sent h Eastern, 22 I—Dutch Rhenish, dis.—Blackburns, 6 per cent., 211—Caledos nians, 31. MA.NCHESTEI c, JAL 14. STOOK EXCHANGE. There was a firmer market to• day, with a moderate business done. The chief improTes meat was in Sheffields. BIRKINGH/ Of, JAN. 14. STOOK EXOHANGE.—The r ailway share market was quiet again to-day, and prices :generally about the same as yesterday. London and _ North Westerns, 106 1061 — Midlands, 82} i—North British, 34—Great Western, 66i 7/—Birminghatu Batiks, 33 A—Birmingham Canals, 92i—New Union Mill, 31, SEA BORNE MAILS. [When the date for me king up a mail falls on a Sunday, the mall remains open until the da ,y following ; except in the case of the Indisl mail, via Southampton, which, on such occasions, is made up thf evening previous.] FOS PROX ......i.=.../0 Made up at Whence the des. When what When By what Pos t-Office. patched. Vessel. exp ec t e d V esse l. -.--... ......m.., Lisboa ••• • • • 7th,l.7th, &} South • • 51 27th. of the Tagus Jan. 14 Madrid Spain ...... ampton arr. ICU month. Gibraltar' Gibraltar •.1 Matta • • • • • • I 4th and Egypt .••• • • 1 4th & 20th South- 20th of Indui Ni of the Pera Ceylon •• .. ampton the India Mauritius month. ylaCeylon) China Penang .. •• i M the Singapore - ........ Feb. 4.. •• ••••. Austrana(vial M . South- Month:if me. , ....e. the Cape) 3 ampton Cape of Good Hope . • • • • • Mauritius .. E Feb. 5.. .. Dart- Harbin mouth ger Ceylon JAIL 25 EnglAtigi ... • India • • •• • • Lisbon 1 1 Madeira South- BuenosAyres 1 ampt on • Feb. 12 Alva CapedeVerds Brazil ...... r I ‘l Feb. 9 .... { Falkland Is lands _1 j Wes, Indies (except Ha vana and Honduras). and 17th let and Venezuela 2d South- M of the 16th of Grey Town New Granada month. i ampton Orinoco the La plat Chili ~..•. J month. Peru California Honduras - 16th of Nassau .. ampton Orinoco the La Fl I" Mexico } month. M Feb. 2. • .. South ampton Havana ampton ••••• • • • Feb. 1 Atria* Madeira Teneriffe iE \Jan. 23 .. 1. PIY- W.C.of Africa I mouth Gambi a F eb 6 Ethlope British North I America IE Every Fri.} Liver- United States pool Arabia lan. 19 EnroP3 United States Tan.2o and BritichNorth E alternate Liyer pool Baltic J an. 15 Baltlei America T ues d ays. United itrtt N St o a r t t e h s }M J amptonn South- America an. 14 ..}Arage.. Feb. 10 Arage Canada I E lan. 27 .. Liver- Anglo- 4 1 " T • Arne. pool _ Saxon rican. ____ Feb. M—Morning. E—Evening. TuE "lINLOOKED•FOR COMPLIMENT."—A. correspon. dent of the Time!, of yesterday, says :-- 14 I cannot but express a hope that the paragraph under the above head' ing is incorrect, and that Sir William Cod rington, the lake and last commander of our English army in the field, has not condescended to accept " loot" at the hands of an English sailor. Our army never occupied Yalta, nor was there ever any military or maritime demonstration against that pleasant little sea coast town, and if the worthy tar 'found' a Russian general o ffi cer's s tate English hin h a a n v y e ef the houses of Yalta, he must in plain Or while 'stol en ' i t w hil e we were o ff the coasts he w as on shore during a temporary visit with a flag of t ruce for the surrender of prisoners." A " itlßacy WAY "AT SEA.—A lady, on her voyage to Calcutta, writes the following, which we are permitted to print:—When in the Gulf of Aden, we saw a very re markable sight. It was a rough and blowy evening that we were called on deck to see the " milky water," which is only seen in this region. It is still undecided whether the effect is pro iuced by electricity, by atmospheric causes, or by animalcules. Instead of water it seemed as Thif the vessel were plunging through great drifts of snow. e appearance extended even to the horizon, and if the air had been colder, and I could have heard the sound of sleigh-bells, I should have lost all idea of the sea, and imagined mys e lf en j oying a magnificent sleigh ride. It was a splendid sight, and it is very remarkable that no ohemical analysis can detect any peculiarity in the com position o f t h e water ; and as soon as daylight or moon lighthe it vanishes. Th e " m ilky way " lasted for, and then suddenly stopped, and every even ing afterward the water was as usual. BIRTHS. OP ♦ 80114 nt 9, Gloceater•creacent, Regent'• oirct."H. Hodgson, Esq. pa O rk n , On the I:ith inst., at 19, Portman -street, the wife of G. the th e wifel4 t h R. Knight, Esq. 01' A DAOO/ITIR. On the 14th inst., at 2, Dudley Vi llas, Stockwell, the wife of Hubert Scott, Zig. Rev- Arthur C On the 13th inst., at , P Mr. ittenden, Kent, th e w if e o f t h e azenoveA. M A R R I E D. On the 13th inst., at St. Mary Abbotts, Kensington. Charles Thurston, eldest sur ng - son of John Thompson. Esq., of Carnpden-hill, Kensington, to Charlotte Jane, youngest daughter of the late win. And W. Bond, Esq., of Asohnfotrhde, IKoethnti.nst., at St. John's, Ranier, E sq . , of Caernarvon, son of t C e h l e a a t t e e H r, Esq., of Liverpool, to Julia, Youngest daughter n of th e late John Ibbetson, Esq., of E a li ng, Middlesex. eJuohnHatiecer, F 1 ). D I E D. William C ox, IC On th e 13t h inst. at St. Leonares-on-Sea, Major-Gen. . On the 13th inst. at Brixton' after a few days' illness, George aged 67. Clifford Bower,' ±.'sq., of the Bank of England, On the 13th inst. A ' Anne, wife of John Youle, Esq., of Kensingtongore, aged 66. On the 12th inst., at Upper George-street, BrYansthillie square, Colonel William Oronden Massy, formerly of t Austrian service. chOinnartohredl:3Etshci.i.uosft.u, e a r t ra C r( h r e s lte r n o h o zm Anna, relict of T. On the 2d ult., at Spanish- town, lb J c a k m%i a e g a e , dBo. Henry Rd; Shirley, Esq., of Hyde Hall, and Eatington, in that islan d, and Member of the H ouse of Assembly, aged 30. B oultAt 9, Ca non - street, A r li ngton -square, Mr. Edward D. er formerly of Leicester. ONDON : Printed and Published by MURDO YOUNG' of No. 112, Strand, Printer, at The Sun Office, No. 112, Strand, in the Precinct of tho Savoy, in the coma ty Thuadayr 'balmy X 5, .Bb7.