The Sun. — London, England, 1847-04-09 00:00:00

N. LAW INTELLIGENCE. SHERIFFS' COUR T, April 8. (Before Mr. Under-Shei iff BURCIIELL.) WILLSIIER P. SMITH. The plaintiff in this action is a printer, in Manor street, Chelsea, and the defendant is a nuseryman, at Chelsea and Battersea. The action was brought to re cover the sum of 81. 2s. 6d. for engraving and printing cards, &c. The defendant pleaded that he was not indebted, but did not appear. Two witnesses were called who proved the delivery of the goods, but the order for part only was proved. The plaintiff's attorney said if the jury had any doubt he would call his clerk. The UNDER-SHERIFF—To fill up the gaps? but perhaps the jury will be satisfied with the proof of value. A witness was called and proved the prices to be fair, and the attorney's clerk was called and p roved he had written a letter to the defendant, who had returned it by his man with an answer. The UNDER-SHERIFF said that evidence of the letter could not be received, as no notice had been given to the defendant to produce it, The jury gave a verdict for the amount CLERS. claimed. WOOD AND OTHERS V. WoRS This was an action brought to reco ver t h e sum of 851. 2s. 7d. for goods sold anddelivere The plaintiffs are coal-merchants - street, Strand and at Kentish Town, and the defendant is a clergyman at Finchley• ed ju d gm ent to go by default. The defendant a llow The plaintifra attorney s tated the case. The defendant had dealt with the firm since 1844, and goods to the amount of the sum claimed had been delivered ; there was a l so a previous amount due to the plaintiffs as exe cutors of their predecessor, Mr. Edward Wood. This latter amount did not, however, form part of the present claim, although it was all admitted to be due when de fendant was applied to for payment. Evidence to this effect was produced. One of the witnesses, on being asked the price of some of the coals, gave the merchant's price, 245. 3d. per ton. They were, however, charged at 40s. The jury gave a verdict for the full amount claimed. HAINES v. ILI7THERFORD. The plaintiff in this action was lately the landlord of the Mortimer Arms Hotel, in Tottenham-court-road. The claim was for Si. Os. 6d. for goods sold, and 2/. for money lent. The defendant pleaded that he was never indebted. Mr. BAGLEY, who appeared for the plaintiff, said that the defendant was a student at law, and was a young gentleman from the West Indies, and was in the habit of using the plaintiff's. Some little difficulty always existed to prove the delivery of each article, but it was particularly so in this case, as the plaintiff had gone into quite a different line of business, and had mislaid his books. He (the Learned Counsel), however, could not conceive what possible defence the defendant could have, for he had applied for and obtained a judge's order to stay proceedings on payment of debt and costs. The good-, c, nsisting of port, sherry, claret, cigars, &c., were supplied in August and September, 164:5, and in October two or three letters were written, in which the defendant apologised for the non-payment, and said he had been " trusting to friendship of others and had been disap pointed," " that he was involved through having lent his signature to a friend," but he fondly hoped that he should soon be able to pay, so that the plaintiff should have no further reason to regret that he had trusted his honour. These letters were put in and proved. 'Witnesses were called who proved the orders and de livery of great part of the wine, tic , c., and a general sup ply of cigars, &c. _ _ _ Mr. CLARKE, the defendant's attorney, put in a notice to produce the books, which, however, w re not forth coming. Ile then addressed the jury, and said that the defendant had put in an affidavit in which he denied that he owed the money. When the writ was served no particulars were given, and a judge's order was ob tained, and, after some delay, the case went on without particulars being fu rn i s h e d, an d ultimately an affidavit , was made that the plaintiff had torn out two of I the leaves of the book containing the defendant's account, in order to send them to Mr. Salomon, his solicitor, but that they were lost in the transit. and be had since mislaid the booki. This was a very impro bable story, and that in a case where the evidence was doubtful, and regular entries in the books might have confirmed it, their absence was a very suspicious cir cumstance ; to tear out leaves from a book, to say the least of it, was an act of great folly on the part of a tradesman. He a l so produced a bill of exchange for 25/, dated August, 1845. due in November, but witnesses had sp o k en t o larger dealings previously to the present account. The UNDER SHERIFF said defendant's affidavit denying the debt could not be received in evidence, bat left it to the jury to say whether the witnesses had proved the delivery of the goods to their satisfaction ; as to the bill it might have been given for other goods, or on quite a different matter, at all events defendant had not pleaded payment. which he might have done, and given evidence on the point. The jury almost immediately gave a verdiet for the amount claimed. CENTRAL CRIMINAL COURT. OLD COURT. (Before Mr. Justice CoLERIDGE.) STEALING A. LETTER Alfred Triggs, aged 27, a postman, was indicted for stealing a latter containing a cheque on the Union Bank, for 131. 2s. 6d., the property of the Postmaster-General. The Attorney-General, Mr. Clarksnn, and Mr. Bodkin appeared for the prosecution, and Mr. Payne for the prisoner. The ATTORNEY-GENERAL stated the case to the jury. He said, on the Ist of February it was the duty of the prisoner to deliver letters in the Covent-garden district. On that day the Rev. John Fletcher posted a letter to Mr. Haynes, secretary to the Clerical Club, No. 13, Henrietta-street, Covent-garden, containing a crossed cheque for 131.25. 6d. on the Union Bulk. The letter never reached its destination. The cheque was presented at the Union Bank, but as it was crossed and not payable except through a banker's clearinghouse, payment was refused, and the cashier wrote across it, " Cross and C 0.," to denote that it was a crossed cheque, and that payment had been refused. He could not, however. identify the prisoner. On the 10th of March the pri soner pledged a frock coat and a pair of shears at Mr. Fleming's, in St. Martin's-lane, for ss. 6d. Shortly after I the shopman searched the pockets of the coat, and found the letter, in which the cheque had been enclosed, in the breast pocket. Mr. Fleming at once informed the Post-office authorities of the circumstance, and the pri soner was taken into custody. He admitted pawning the coat, and said he purchased it a day or two before from a Jew, in Monmouth -street, whose shop he did not recollect ; but it appeared that the coat was in his pos session some time before theioccurrence. The letter was not within the district of the prisoner, but in that of a person named Wells, who was at the time delivering letters at that part of the town, but the prisoner offered to deliver it, and Wells, who could speak to the letter, entrusted it to him. These were the simple facts of the case. In his opinion they proved that the prisoner was guilty of the offence imputed to him. Witnesses having testified to the ;acts stated by the Learned Attorney-General, Mr. PAYNE addressed the jury on behalf of the pri soner, and contended that the evidence was too slender to convict his client e of so serious a charge. Mr. Justice COL I FRIDGE summed up the evidence with the utmost care, and the jury, after a short deliberation, returned a verdict of Guilty. The prisoner was sen- tenced to ten years' transportation. The prisoner had been three years in the service of the Post-office. Several unopened letters, of some days old, were found at the prisoner's lodgings. THE MURDER IN SHOREDITCH. Immediately after Thomas Brooks, aged 21, and described as an umbrella-maker, was placed at the bar, and indicted for the wilful murder of William Gabart, by shooting him on the 17th of March last. The prisoner seemed borne down by the weight of the awful charge against him. He looked wretched and care-worn, and immediately after he was placed at the bar he placed his handkerchief to his eyes and burst into tears. lie is of a very spare figure, and has a very youthful appearance. Certainly, looking at him in the dock, we would hardly imagine that he could commit so fearful a crime as that of murder. Mr. Clerk and Mr. Robinsen appeared for the prose cution, and Mr. Clarkson defended the prisoner. Mr. CLERK briefly stated the case for the prosecution, and recapitulated the details, which have recently and at length appeared in The Sun. It would be for the jury to say, after hearit"e the evidence, whether the prisoner was guilty of murder or of manslaughter. He then called the following witnesses : Richard Eaton, tin-plater, 3, Cock-alley, Shoreditch, recollected Wednesday the 17th of March being near Bare -alley. He went there about ten minutes to ten James Vadkins and the deceased were with him. By the desire of the deceased he went and called on the prisnner, Be down, as h e h ad told called Tom, an d the prisoner came to him. (the d him the deceased wanted to speak tickets ohis thingr which aeked the prisoner for the he would not give them I t e ,, l h he had in his box. He said ; and, 1 1 1 ) : . a until he had paid him the money he owed hhn he should even give them to liaddedi he did not know ; adding further, themawinute he would put that if the deceased stopped therare a bullet in him. He (witness) th en a " That he would not stop there to beAsleirenowtt aatw."ayieseawyjenngt to his lodgings in the next court. he heard the report of a gun. Ile went stair s draoni'nnu‘les fter hurried to the house in which th e prisoner res'lat the door of which he found the d ecease d l ying in a of blood. He did not see the prisoner there, u 51 7 1 ?' went for a doctor. Cress-examined by Mr. CLARKSON—He simply went at the request of the deceased. in order that he might call the prisoner down to speak to him (the deceased). He did not go to annoy the prisoner, with whom he never had an angry word. On his oath he did not expect a row, an d he did not go there for the purpose of Creating one. By the COURT—Ha saw a young woman sitting down at the prisoner's door. James Vadltins, alad, was next examined—Knew the deceased. Recollected Wednesday evening, the 17th of :March. He was at the top of Clare-alley about ten o'clock that night. The prisoner, the deceased, and Eaton were there. They were all close together. Heard y to the prisoner " I'll give you ead." The prisoner said, "If you stop ill put a bullet in you." No blows e were armed. The deceased had his ,t e The prisoner then went in. He ied at the top of the court with the de .msed was going down the court, and he Don't go down, you'll be shot." He lave I to be afraid of ?" He did, how —,.. ever, go down, and called "Tom" at the prisoner's Immediately after a gun was fired. He sawthe and heard the noise. As nea rl y as he could guess, the door. flash, he had mentioned d—We found those firing took place about te n minutes after the prisoner threatened to shoot the deceased. Cross-examine in the court. looked that they angrilye y the brother of Richard Eaton said e was if they had been qaarrelling. The deceased andlie did s e n r o i t so k n n e o r w at the top of Hare-alley on other, and Eaton. Recollected. n His brother, the deceased, and the night appeared. being say, if you stop there a minute I will th e prisoner the prisonerinwqeureest,th,i°e_r_e.. When he came up he heard nothing lodging d Hiss in reply.H went e away hea t o heard put hro y ti i i ) e u r r o h n e head." ' leaving him (witness) and the deceased in the court, The prisoner went into the house he lived in and went up stairs. They iwitness and deceased) went down the court and stopped at the prisoner's door. The next mo ment the deceased was shot on the threshold of the door. He had nut said a word. The deceased instantly fell and died. Immediately after the report he saw the pri soner with the gun in his hand. Mary Jarvis, jun„ said she lived with ber mother in Hare-alley, in the same house as the prisoner. They lived on the third floor. The prisoner lived higher up. She had kept company with the prisoner. Sha was sitting at the door of the house on the night of the lith. Eaton came to the door several times, and called the prisoner, saying " Come down; I a ant to speak to you." He came down, and they went together to the top of the court, about six yards from the door. No one else was at the top of the court at the time. Some words passed between them, and she heard Eaton say " God strike me dead." That was all she could recol lect. She went into the house and came out again immediately after. She then saw the deceased standing at tte top of the court. Saw the de ceased strike at the prisoner, and hit him on the forehead several times. Gobart challenged the prisoner to come out and fight him, but the prisoner said it was not worth his while to do so. She then went towards Shoreditch, but stopped on her way, and saw about half-a-dozen at the top of the court. Heard Dick Eaton and some of them say, " if they could get a good bullet they would blow his (the prisoner's) bloody brains out, or blow his b —g nose off." Gobart said, " No, if I had a knife I'd stick it in his b---g guts." They then all went into Cock-court ; she then went into Shorediteh, and immediately after heard the report of a gun, but she could not tell by whom it was tired. When she came back she saw Gobart lying on the ground. She went up to her mother's room, and found the prisoner there, with his hands stained with blood. He threw his arms round her neck, and exclaimed, " I have done it ; I have done it." He had a gun in his possession. Cross-Examined.—When Dick Eaton came down the court he was alone. Asked the prisoner if he should say that be was there, and he said " No, don't tell them that, as I shall go up stairs and come down again." Dick Eaton swore at the prisoner, and d—d his eyes, and said he would have the prisoner's life some time or other. Mary Jarvis, the mother of the last witness, stated that the prisoner came to her door and opened it. He exclaimed " Where is she—where is she?" She added, " You know very well where she is." He then ran down stairs, and immediately after she heard the report of a gun, and she at first thought he had shot her daughter. When he came first she did not see the gun in his possession. After the report he ran up stairs into her room, took hold of her arm, and exclaimed, " I have done it—l have done it." He repeated this to her hus band, who was present. Her daughter ran in and ex claimed, " Oh, Tom, what have. you done !" He made no reply, and fell on her neck and kissed her. A con !' stable came and took him him into custody. Cross-examined—When he first came he did not appear flushed or excited. Her daughter slept with her. Joseph Brooks, a boy, the prisoner's brother, said he lived in the same room as his brother. While he was in bed his brother came into the room. He heard some one run up the stairs before he came. He did not see what he did, as it was dark. There was a gun in the room. His brother remained in the room two or three minutes. There was a powder flask in his brother's box - when he went to bed. Soon after he heard the re port of a gun, about a minute or two after. Police-constable, 201 H—Was on duty near Hare • court on the night in question. His attention was called to the spot by shouts. He found the deceased on the ground dead, and a ramrod near him. He went up stairs and found the prisoner on the first floor with a guu in his posy-ssion. He was about giving it up to some person. The prisoner's father was there. The father made some remark about what he had done, to which the prisoner replied, "I hays had my revenge ; he has injured my mother and sisters, and I have been re venged. If I had not done it he would have killed me." Told the prisoner that Gibart was dead, and took him into custody. He made no resistance. Found some bullets upon him. Inspector Harris deposed that the prisoner stated, at the station, " If I had not done it, perhaps they would have murdered me. Two of them threatened to drag me out ten minutes before." Mr. R. Hanoch, surgeon, High-street, Shoreditch, said he was called to see the deceased. He found him lying in the passage. He was quite dead. The wound he had received caused instantaneous death. This was the case for the Prosecution. Mr CLARKSON then proceeded to address the jury on behalf of the prisoner. He said, although they might not exactly understand the difference, in the eye of the law, between manslaughter and murder, yet it was clearly defined amongst those who followed the profes sion of the law; and to him it clearly appeared that the prisoner was not guilty of murder, but of the lesser crime of manslaughter ; for when they reviewed the wriole of the facts which h a d transp i re d i n t h e course of the inquiry, they could not fail to be of opinion that the prisoner had been irritated by the deceased and others, and that, considering that he and others in tended to do him some grievous bodily harm, he felt that he was but defending his life in what he had done. They could not fail to be struck that this was the actuating motive in the prisoner's mind at the time he committed the rash act. It was most remarkable that they had not heard until to-day of the expression which the prisoner used with respect to his sister. Mr. Justice COLERIDGE desired Mrs. Jarvis to be called. She stated that the prisoner's sister had coha bited with the deceased for about twelve months before the occurrence. She did not know that any ill-feeling subsisted between the prisoner and the deceased with respect to this intimacy. Mr. CLARKSON said it was a lamentable fact that per sons in the class of life of the prisoner were frequently in the habit of living together like the deceased and the prisoner's sister. But was it a wonder that so much immorality existed, when houses, like that in which the prisoner lived, were parcelled out in single roonv; to whole families, and that where, as in this case, the father, and mother, and daughter, who was grown up, all resided in one room, th at grea t l ax ity of morals prevailed. But there was no reason to presume that the young woman, Maly Jarvis, cohabited with the prisoner. She herself had denied it. Let them look at the facts adduced. The prisoner was found at his residence at ' ten o'clock at night; he was called out by Eaton, be lieving, no doubt, that he was alone; he was induced to go to the top of the court, where he was abused, aimed at by the decease], and struck on the head by him. Lis temper was thus naturally aroused, fur he had been irri tated, and struck, and threatened, and it was equally natural th it he should resent t uch conduct by defending hanself. Maddened, and fearin. that he was in danger. he rushed into the house, seised' his guu, and shot the deceased. There was considerable discrepancy between the statements of the various witnesses with respect to the time which elapsed between the threat of the pri • soner and the reportof the gun. It was just probable that when they said ten minutes elapsed, only three or four might really have elapsed. Nothing was more falla cious than evidence with respect to brief portions of time. It would be for them, therefore, to consider whether the deceased and others had or had not so ir ritated and goaded the prisoner as to render him not the master of his actions—whether he was or was not in hat state of mind which the law required to constitute manslaughter. It was a most melancholy occurrence, buz, he could not help thinking that the deceased was the author of his own death, and thst they could not, on their consciences, convict the prisoner of the high crime of murder. No doubt the deceased and the other young men concerted together for the purpose of goading the prisoner, and of leading him into violence, and that he was induced to come out in order that they might annoy him, lle was not there to justify or to excuse the act of the prisoner. He had been guilty of a grievous act of violence ; but, looking at the whole of the case, he apprehended that they could not convict him of murder. Nothing had been adduced to show that the prisoner loaded the gun for the purpose of shooting the deceased. He had been shooting rats in the cellar a short time before ; and it was possible that he might have left the gun loaded in his bed-room, and taken it up in a fit of despe ration. It was equally possible that the deceased simply came to the door for the purpose of frightening the deceased and others with the gun, and that a struggle ensued between him and the deceased for the possession of the gun, and that the ram-rod fell out and I the gun went off and killed the deceased. The Learned Couns I concluded by an earnest appeal to the jury on behalf of the prisoner. Mr. Justice COLERIDGE then elaborately and carefully summed up the evidence, and clearly explained to the jury the difference between murder and manslaughter. The jury retired to consider their verdict at twenty minutes after three. The jury returned into court at a quarter to four with a verdict of Manslaughter. Mr. Justice COLERIDGE sentenced the prisoner, in the a a n r fl u se e r A te vs n i e th ei tear most impre ss i ve manner , to be transported for life. 4 thT he prisoner sobbed bitterly during the passing of \ su e s. was led away in a helpless state, pleada (Before the Px into the preinises ofitViiE3hat: COURT. z)iyitation. i viniam nen,,..yoTarica and Mr. Alderman HUNTER.) hums, and stealing t., weight of fl.ck, value 31. Thomas Guilty to breaking 37 11::st,a employer, Mr. James IVil- Sentenced to seven years' to stealing a coat, Thomas Gardner pleadeadn ~%°tter._S,ntonc©d to value 10s., the property of JaraealL'Y six months' imprisonment with hartlta7 George Barr, ag: d 19, pleaded Gpraoi(i)tuirtto stealing a brass window guard, value 255., the Reeves. The prisoner had been formePrlyytr9terds:lidutfl ferent charges, and acquitted. The Learned RECORDER, in passing sentence of seven years' transportation, said that he intended that this individual should be sent out of the country, and be sub jected to the mildest form of transport punishnaput; that was, as he understood, that a ticket of leave should be given him for the term of his sentence, and that he should be employed in the operations of husbandry or as a shepherd. Some papers had been sent to him (whence they came he knew not), shuwing that employ merit in this way could be given to above ten thousand persons. George Yarnold, aged 40, oilman, pleaded Guilty to two several acts, charging him with stealing 39 pieces of stained paper, the property of Mr. John Knight, and 30 pieces of paper, the property of Robert Denton. The Learned JUDGE said that it had long been the practice of the prisoner to rob from boys the property which had been entrusted to them to carry home, and where he could not do this he bad in many cases corrupted and induced them to steal from their employers. One boy with whom he was thus infamously successful was at present undergoing a year's imprisonment. The sentence was that he be for the first offence sentenced to seven years' transportation, and for the second offence to seven years' more, the latter term of punishment to commence at the expiration of the first. _ John Donne, aged 25, a draper, pleaded Guilty to steal ing eighteen yards of silk, the property of his master, Charles Terry.—Sentenced to a year's imprisonment wit h hard labour. Thomas Avery, a boy of 14, pleaded Guilty to stealing a shilling from his master, Thomas Leonard.—To be imprisoned for a month. The RECORDER--If you come here again you will be thoroughly well whipped.—(Laughter.) The remainder of the morning was passed in hearing similarly trivial charges. MIDDLESEX SESSIONS. IN THE CASE OF BARTHOLOMEW BENIOWSXL The ASSISTANTJUDGE said an application had been formerly made for the postponement of this case, and he wished now to ask what course the partiQs intended to adopt on the present occasion. Was the counsel for the prosecution in attendance ? Major Beniowski—l wish for no postponement, my Lord. I mean to defend myself, and I am quite ready now. Mr. FILER, on the part of the prosecution, wished for a short adjournment, in order that Mr. Bodkin, who was at present engaged at the Central Criminal Court, might have time to attend. The JUDGE—Then I shall take another case, which will occupy the Court for about half an hour. The deputy-clerk of the peace having read the indict ment charging the defendant with an assault upon David Urquhart, The defendant pleaded not guilty ; when Mr. FILER (Mr. Bodkin not having arrived at the expiration of the stipulated time) opened the case and said this was an indictment for an assault of a most aggravated nature, and one which, if the facts were fully stated before the committing magistrates, might have assumed a much more serious character, and then stated the facts elicited in the following evidence : Mr. BODKIN, having at length arrived, proceeded to examine the prosecutor, who stated that his name was David Urquhart, and that he had resided at 28, Clarges street, and had bee❑ secretary of embassy at Constan. tinople. He had a residence near Southampton, and whenever he came to London stopped at 15, St. James's place. He had written many articles fur the press, as well as in the form of pamphlets, upon various subjects, and any person who wished to find out his address could have easily done so by inquiring at his pub lisher's. He had been much connected with the Association of the Friends of Poland, and was present at the late meeting at the Freemasons' Tavern on the the subject of the annexation of Cracow. Previous to that day he had not known the defendant personally, but he was aware of his character by public report. He (the defendant) was a Polish Jew by birth, and had been in the service of Russia. After the meeting at the Free masons' Tavern was over, and as he (witness) was going through the vestibule the defendant cane up to him with the air of a man who felt grateful to him for having spoken in favour of his country, as he (witness) had made a speech that day on moving a resolution, and took hold of his hand, and asked for a few moments' conversation with him. When he heard that his name was Beniowski he walked away from him The witness then detailed the facts of the assault, which are already familiar to the public from the report of the preliminary investigation at Bow-street. Cross examined by Mr. WYLD (who in the interim had been engsged by defendant)—lle had not been politically engaged since his return from Constanti nople. There was a cause for his quitting that situation. That cause was the fact of his having countenanced the voyage of the Vixen to the Black Sea. He had not been employed since, but he believed the reasons why he had not were groundless. He had not made any charge stating that Lord Palmerston and Mr. Cobden were in the pay of the Emperor of Russia. The ASSISTANT-JUDGE said he did not see what light the jury could derive from any arrangements between the Emperor of Russia, Lord Palmerston, or Mr. Cobden. Cross-examination resumed.—He had no occasion to look out for his livelihood since his employment had ceased in 1837, as he had an independent property. Whenever he sent any communications to the newspapers, he invariably attached his name and address to them. He had written leading articles, but, as a matter of course, his name did not appear to them. A work had been published at Glasgow, in which the name of the defen dant had been used. He had on many occasions said the defendant was a spy, but in any observations he made upon him, he only alluded to him in his public character, as one of a class of agents who are employed, or may be employed, or looking for employment, from Russia, in this and other countries. One of his grounds for con cluding the defendant to be in pay, was, that he was ex ceedingly active in exciting the people to revolution in England, and had been the chief organiser of the Chartist conspiracy. His (defendant's) name was struck off the Polish list by the English Government. Another reason why he believed the defendant to be a spy was, because he had published a work instructing the people as to the best means of defending themselves against the military. Mr. BODKIN re-examined the witness, he said when that after his return from Constantinople, he was pre sented to her Majesty at the Drawing-room, by Lord Palmerston, to prevent any unfavourable impression from resting on his character, in consequence of his recall from the embassy at Constantinople. With respect to his (defendant's) relation towards the Poles, he (witness) spoke upon the authority of Lord Dudley Stuart, and he was authorised to state so. In 1839 he was invited to stand for the borough of Marylebone, and in conse quence he had much communication with the leading Chartists of London, and he wag borne out in his opinions of Beniowski by what he was told by them. The Rev. Hamilton Grey confirmed the statements of the prosecutor with respect to the facts of the assault. The police-constable, who took the defendant into ca,tudy, and the surgeon who attended Mr. Urqhart, having been examined, Mr. WILD addressed the jury at great length for the defendant, dwelling strongly on the great provocation he had received in being denounced as a spy. The ASSISTANT-JUDGE summed up the evidence. After a short consultation, the foreman of the jury rose and said we are obliged to find the defendant Guilty. Sentence was deferred to the next session, the de fendant being admitted to bail on his own recognizanees. ee de .sed say - a pad hea thern-it;...1 0 to I w wera none han4o fie:. 8 kel " air; ec ceasti •ee decea "E to 70.' hat ha _ I s THE SUN, LONDON, FRIDAY MORNING. APRIL 9, 1847. ASSIZE INTELLIGENCE. OXFORD ClRCUlT.—Gloucester, April 6. Business commenced to-day soon after twelve o'clock. The calendar contains the names of 73 persons, of whom two are charged with murder, five with manslaughter, two with sacrilege, five with arson, four with robbery, nine with burglaries, two with forgeries, two with con coaling the births of children, two with cutting and wounding, two with uttering counterfeit coin, and the rest with larcenies. There were 36 causes entered for trial, of which three are for special juries. Ia the Crown Court no case of interest arose during the day. CIVIL SlDE.—(Before Mr. Justice MAULE, and a Common Jury.) BINGHAM V. EVANS. Mr. Keating and Mr. Skinner appeared for the plaintiff, and Mr. Godson for the defendant. This was an action against an auctioneer at Chelten ham, to recover the balance of the proceeds of a sale which he had made under the plaintiff's direction. The defence was that he had paid the amount in question to a person whom the plaintiff had employed as her general agent in winding up the affairs of her brother, to whom she was executrix. This person, who described himself as an accountant, stated that he had got a cheque for the amount from Evans, and given it to the plaintiff, who returned it to him, and that ho then went to the bank and receivea the amount. The plaintiff gave no receipt for the money (about 72/.), and signed no document whatever respecting it. Some other witnesses proved that the plaintiff had employed this p erson as her agent. The Jury, however, did not placa implicit faith in them, and found for the plaintiff. WESTERN ClRCUlT.—Taunton, April 6. CROWN COURT.—(Before Mr. Justice CRESSWELL.) John Shearn, George Shearn, and James Hawkins were indicted for assaulting and robbing John Godfrey of a purse and two sovereigns at Midsummer Norton, on the 12th of September. Mr. Stone was counsel for the prosecution, and Mr. Saunders defended the prisoners. This was rather a singular case. Mr. Godfrey stated that he was an articled clerk to a Mr. Govet, who had offices at Midsummer Norton, close to which village Godfrey resided. About half-past eight in the evening of the 12th of September Godfrey was going home from the post-office. When he had got about 200 yards from the post-office, and within 100 yards of his own house, he saw four men ; one of them (John Shearn) came up to him, caught him by the collar, and bellowed in his face ; the three others then came up, and made the same bellowing noise. They jostled him, and went away to wards the village. He found his pocket torn down. He followed them and overtook them, when they again began making the bellowing noise. A mob of 150 or 250 people collected and made bellowing noises at him. He pushed through them to a window in which there was a light, and he was then enabled to recognise the other two prisoners (George Shearn and Hawkins) as the persons who had first attacked him. He went into a house, and remained there for nearly two hours before the mob had dispersed. He then went home, and then found that his purse, containing two sovereigns and a half, was gone. In his cross-examination the witness said that Mr. Govet lived in London, but the witness carried on busi ness for him in the country. He had had occasion to after , : r ti t i l s , , e sue a great number of people, and there was a strong feeling against him in the minds of the poor : he had become a very unix - pular man. John Shearn had an noyed him before. It was proved that John Shearn had left the village, take his trial. rob bery, but that the e" ' against Godfre not to rob him. p b r u is t o had e i o t. m w e as fo u r r w g a e r a d thatthis voluntarily was to-say a r y o b t o parties had a strong feeling of dislike 3r, and intended to insult and annoy, but Mr. Justice CRESSWEL torney wa s a d opting a ra t, in summi ng up , sa id t h e at practice in allowing a 4 articled irregular an d i mproper articled clerk to transact his business i❑ the country while he himself was living in Lundun. The jury acquitted the prisoners of the felony, but found thEm guilty of an assault, and they were sen tenced to 14 days' imprisonment in the gaol. Thomas White and James Cave, the witnesses against whom Mr. Justice Cresswell ordered bills of indictment to be preferred for perjury, were this morning placed at the bar, and pleaded " Not Guilty " to indictments for perjury and conspiracy, and traversed their trials until the next assizes. The Learned JUDGE said the prisoners might be held to bail, White in his own recognizances for 801. and two sureties in 401. each, and Cave himself in 401. and two sureties in 201. each. Thomas George b'arlin was indicted for maliciously cutting and wounding Thomas Clarke, with intent to murder him. The prisoner was deaf and dumb, but could read and write well. Mr. Gane, the governor, acted as inter preter when it was requisite. Mr. Allen was counsel for the prosecution, and Mr. Saunders for the prisoner. It appeared that on the 30th of December, about five o'clock in the afternoon, the prosecutor, who was a painter at Bath, was going home. Upon turning a corner the prisoner rushed upon him and collared him with the left hand, and cut him in the neck and face with an instrument he held in the other. It was a sharp in strument. The prosecutor, finding himself cut, threw the prisoner down, and then went for a policeman. When he returned the prisoner was gone. The prose cutor had known the prisoner for three or four years, but had never had any quarrel with him. Their wives were distantly related. The prisoner was 'seen with a long knife in his hand to rush upon the prosec u tor. When the prisoner was taken into custody he wrote on a slate, " I did it wilfully." He then rubbed that out, and wrote, " I threw the knife down a grating in Cornwall buildings." He then rubbed that out, and wrote, " I did it because I was jealous of him, as my wife had one child by him." The knife (a small dessert knife) was found in the grating, as described by the prisoner. There was a would on the left jaw, and on the back part of the scalp; they must have been inflicted by two cut s . The jury found the prisoner Guilty, with intent to do grievous bodily harm, but strongly recommended him to mercy. Sentence deferred. NORTH WALES ClRCUlT.—Chester, April 6. CROWN COURT.—(Before Mr. Justice WicuTmA.N.) Thomas Jones, 23, was indicted for feloniously stab bing Joseph Edge, with an intent to do him some grievous bodily harm. The prosecutor and the prisoner were both mariners, and their vessels on the 26th of August last were lying in dock at Juncorn. About seven o'clock on the evening of that day they went to the inn to get a glass of grog together. 0n going from the public-house the prisoner and a lad belonging to his flat quarrelled. The prisoner was about to punish him, when the lad called for help from the prosecutor. Edge interfered, and the prisoner threatened to thrash him also. A scuffle then took place, and in the course of it the prosecutor received a stab about an inch in depth on the upper part of his back. " The prisoner was found Guilty of the felony. Sen tenced to four months' imprisonment. CIVIL SlDE.—(Before Mr. Justice COLTMAN.) The cases tried in this court during the day were, with one exception, actions for debt of small amounts, and of no public interest—the exception being an action against Mr. Hogan, auctioneer, of Birkenhead, for a trespass in having wrongfully detained at his sale-rooms a horse and cart, which had been seized for rent by a bailiff. The jury found for the plaintiff—Damages, one urthing. POLICE INTELLIGENCE. MANSION-HOUSE. Two well-dressed persons of very respectable appear ance, named James Chandler, alias Johnson, and Eliza Towel!, alias Johnson, who have for some time lied together, and well, upon contributions levied upon the public, were charged by lloriford, an officer of the Mendicity. Society, with having practised one of their ingenious expedients. Mr. Knevitt, assistant-manager, attended. Horsford stated that on Tuesday he saw the prison - Ts together, and knowing them to be begging-letter im postors he followed them. They stopped in Fleet street, opposite to Messrs. Hoare' s banking -hause, and the man pointed to the house and spoke to his com panion. They then walked towards Ludgate-hill, and went into a public-house in Shoe lane, where they re mained a short time. The woman then went by herself to Hoare's banking-house, and after she came out Hors ford made inquiries of the porter, and learned that she had left the following letters for the perusal and chari table consideration of the principals, return for an answer:—. and that she was to " St. Mildred's parish, Middlesex, March 19. "Having an accurate knowledge of the circumstances which have occurred to place the family of the late Mr. James Palmer in their present embarrassed position in society, I have, at the request of several of the most inti mate friends of the deceased, authorised this statement to be drawn up, with a view of enabling the widow, Mrs. Anne Palmer, to establish a seminary for the tuition of youth, for which occupation she is duly qualified, by the contributions of those whose means will enable them to promote so praiseworthy an object. " It will be remembered that Mr. Palmer died on the 17th of November last, whose death was accelerated by the severe losses he sustained by the failure of Messrs. Frampton, of Old Broad-street, in conjunction with un successful railway speculations, and consigned the family to absolute indigence. The object of this appeal is to rescue a deserving family from the last and painful re source of parochial aid; and I do sincerely trust that this statement will meet with that sympathy which un merited poverty deservedly meets. " (Signed) W. W. F. Jackson, 5/.; T. Thompson, Messrs. Drum mond, 21.; Chapman Marshall, 21.; Grissell and P e t o , 2/. ; W. Mignay, 11.; Anonymous, 21.; Peter Lauri e , 21. (p a id) ; n2 J. o H nd . , P fo e r lly , , J. s. 2/.; , , 51.; Capper and Co., 11.; Gosling and Sharpe, 2/.; John Pirie, 31., &c." The second letter purported to be the certificate of a medical gentleman, who has been dead for some time:— " April 10. " I hereby cer tif y that Mrs. Palmer is professionally me, and at present incap a bl e o f l eav i ng h er aggravating her seri ous i n di s p os i t i on , attack of influenza, accompan i e d w i t h a a h r t o t ims e i n en d g e o b t hm y o uatn symptoms of ' delirium tremens.' " JOHN SCOTT, Surgeon. " 10, New Br oad-street." " The bearer is a trustworthy domestic deputed by Mrs. Palmer to receive any contributions, for which, if necessary, her signature will be given," Witness then followed the woman, who was joined by the man, and who returned to the banking-house in about three-quarters of an hour, where she was taken into custody. The male prisoner, who had been walking up and down on the opposite side of the way in a very fi officer of the society recogn i se d t h e pr i soners as old who prospered exceedi ng ly by p re t e nding to be of every sort of a w f u l ca l am i t y. d get y Another state, t e o. w as also apprehended. thhean victimsds, 'I he LORD 51AYOR said the list of pretended contri butions contained internal and unmistakeable evidence, in more than one instance, of rank falsehood.—(A laugh.) Sir J. Pinsk negatived the signature of his name, and Mr. G. Magnay stated that the name of " W. Magnay " was not in his brother's handwriting. The female prisoner said she certainly had been guilty of the deception, but disavowed any knowledge of the man. She assured his Lordship that her exertions to support herself deserved any name but that of idleness. On the contrary, mendicancy, as she practised it, re • quired great labour, ingenuity, and memory, and the least slip exposed her to deception, of the consequences of which she was perfectly aware. The male prisoner said that the fact of his having spoken to the woman in the street did not prove that he knew anything of the papers with which she had pro vided herself. The LORD MAYOR said it was quite obvious that the prisoners turned their peculiar talents to profitable ac count, and sentenced each of them to imprisonment in Bridewell for two months, with the addition, in case of the man, to hard labour. Williant:Johnson and John Hounslow were charged with having robbed Messrs. Chambers, of Bishopsgate street, ironmongers, of 16,000 mils. The latter pri soner, who was coachman to Messrs. Chambers, had a few days ago, in consequence of the suspicion enter tained that he had been concerned in the robbery, swal lowed so large a quantity of poison that his stomach vomited it at once, and the sickness saved his life. John Spittle, 671, observed Johnson with a heavy bag on his shoulder, and judging from his manner that he had become improperly possessed of it, took him into custody, and soon ascertained that he and Hounslow had contrived to pack together a large quantity of nails in parcels which bore the marks of the prosecutors. John son said Hounslow had suggested to him to take the nails, and that they went together to the warehouse in which the property was deposited, and were to be part ners in the produce of the sale. Hounslow, who had acknowledged to one of the p olice that he kne w something o f the robbery, now positively denied any k now l edge at a ll o f the matter. The prisoner s were comm itted for trial. MARLBOROUGH - STREET. John Lawrence and Ernest Sultz, two well-dressed young men, were charged with having picked the pocket of Miss Julia Hammond, in an omnibus. Miss Julia H ammon d, of Elizabeth-place, New•road, said she got into an omnibus at Hungerford-market with her sister on Thursday, about 6 o'clock in the even ing. Th e pr i soner Lawrence s h or tly a fterwards got i n and placed hi mself by her s id e . Sultz followed, and placed hims e lf b y the s id e o f her sister. When near the Quadra n t, in Regent street, her sister asked her to lend her so me money. S h e i mme di a t e ly p u t h er h an d . in her pock e t and drew out h er p urse , i n w hi c h s h e h a d seen a sove reign just before she entered the omnibus. The sovereig n sister of the l oss. was, however, missing, and she told her Miss Martha Hammond said she was with her sister on Thursday last. As they rode in the omnibus towards Recent-street she felt that some one was trying to take something out of her reticule. She watched, and she observed that the prisoner Sultz, who sat by her side was acting i n a suspicious way. T he pr i soner saw that he was noti ce d , and he desisted from his attempt. Wit ness then lo o k e d at the other prisoner, who sat by the side of her s i ster, withwas hisobserving foot. , s a n n i d t : w he h s o a aw p h p i e m ard weitthohnisothieae that ndby s h i e le r sister's pock et . his companion, touched Lawrence's toe Lawrence drew up his hand quietly, and put something into his waistcoat pocket. Sultz touched Lawrence's foot a second time, and then witness, who suspected that an attempt had been made to rob her sister, asked her sister to lend h. r some money. As soon as her sister produced her purse and stated that she missed a sovereign from it, witness turned to Lawrence and said, " Sir, you have extracted a sovereign from my sister's purse." The prisoner Lawrence replied that the charge was not true, as he had two or three sovereigns of his own in his pocket. Witness replier! that she saw him place something in his waistcoat pocket, which sho had no doubt was the sovereign stolen from her sister. Witness then turned to Sulu, and told him that he had made an attempt to steal something from her big. The . prisoner dwnied the charge rudely ; and, the attention of the passengers having been by this time attracted to wards them, one of the gentlemen inside said the charge had better be investigated at the station-houe. Police-constable Jones, I) 37, said he was at the Marylebone station at the time when tha charge was brought. The prisoner Lawrence, when he got out of the omnibus, walked into the station, but went back im mediately, saying he wanted to pay the omnibus. Hav ing paid the conductor, he was brought into the station house and searched. In his waistcoat pocket were found a sovereign and a half i. g,dd. On his person were found some keys and t.vo diamond rings, one of some value. On Sultz were found several sovereigns. Police-constable, 1) 37, stated that the prisoners were both known to the police. Sultz hsd a certificate on him from the surgeon of th r Penitentiary, to the effect that the prisoner had a b9d leg, and could not be put to hard Mr. BINGHAM asked Miss Julia liammoni if she was sure she had a sovereign in her purse when she got Into the omnibus? Miss Hammond said, she was positive she placed a sovereign in her purse just before she left home. The prisoners, who h a profes,inual adviser, de clined to say anything in defence, and were fully com mitted. WORSHIP-STREET. Mr. John Johnson, a licensed victualler in the City road, appeared before Mr. Arnold upon a warrant, charged with having, in conjunction with another person not in custody, committed the following violent assault upon Mr. Thomas Watson, a tradesman residing in the same neighbourhood:— The complainant, who, notwithstanding about a week had elapsed since the occurrence, had one of his eyes terribly cut and contused, stated, that having occasion to enter the parlour of the defendant's house for the pur pose of procuring refreshment on the evening of the 3d instant, an altercation arose between them regarding a document he had taken off the table, and momentarily held possession of in satisfaction of a sovereign due to him, in the course of which the defendant attempted to wrest the paper from him, and, having failed in so doing, was immediately succeeded in the attempt by a friend of his, who rushed at him, and seizing him by the throat, thrust his fingers into his mouth with such brutal roughness, that not only was the back of his mouth seriously lacerated, but one of the strings of his tongue was actually snapv,d in two. Not satisfied with this degree of violence, he (the complainant) was then seized and b ro r u u hi n sa t e l dd thebm been eo ns b t t s ,d op y and asierrl fiuoluisyl forcedseriously from injured back ti leheel over bhoa a ta ble, with almostt o t a th le, with which his arm came into such violent contact that e i l wt o r s wi t sat t s' he use of it for several days; and he was finally struck such a terrible blow upon one of his eyes that he instantly dropped to the ground in a state of total insen sibility, in which he remained for a considerable time, and his first notion of recovery from which was finding himself seated in a chair, and being roughly shaken by some of the persons present ; upon Ishich the defendant, on seeing he had rega'ncd his sons -•s, - renewed the attack by striking him a violent blow on the side of his head, and was proceeding to fort her ill• treatment, when he was rescncd from his violence by a gentleman in the room, who interposed in his behalf; and facilitated his escape from the premises. Mr. Thritage, who at' - ended for the defence, addressed the magistrate on behalf of his client, contend rig that the plaintiff had brought the whole the injuries he had received upon himself by his own misconduct, and called a person named Crawford, from whom it appeared th =t the deleadant had some time since advanced a consid- r able sum of money to an acquaint inc, of the com plainant, tor which the latter (mt.:aged to b- answerable, and gave the defendant an IU U for the amount. I. was this I 0 U which was the cause of the con:ention between tfi in, and on the compliinant entering the parlour on the night in quesii•=l:, nil ite adverting to the value of his acceptoce, the former positively denied that any stic) doe,titie,t was in coop, and dared him to produce it ; upon a li,eh the d e f en dant did so, and laid it ua.ti the table, but it was in-•bntly snatched up by the complainant, who retreated with it to the end of the room, aid attempted to swallow it ; that a friend of the defendant, upon wit nessing this action, iinmeihately seized Mr. Watson by the throat to prevent it, and that a violent struLfgle thereupon ensued between them for the possession of the o an p l a h r i t s w a h n a -a t : t t h o e ge c tl o ie m plainant had fallen heavily upon and ag ainst it, a n d r! e a v ec e e r, p b ta u n t c w e, h i i i c i h A r d e d s c u h lt t e h d e it d , e t f h e e n e d o a m nt pl t a t i a n ik an n t tunes to t f t : e h e c g o r r i e u s n t , d a g st a being ta hle thrown having s h e e s n 'e n r alti upsetm nd, received all the injuries he complained of ; no blow whatever having been struck by either of them, and the force used towards Mr. Watson being no more than was absolutely necessary to prevent his swallowing die I 0 which he was sworn positively to be apparently doing at the time. _ _ The complainant energetically declared that there was not the slightest foundation for the insinuation conveyed in the defence set up ; but Mr. ARNOLD said that it was impossible for him to come to a satisfactory adjudication on a case in which such serious ill- usuge was sworn to on one side and SO totally denied on the other, and, as it was manifestly a matter on which a jury alone could determine, he should send the case to the sessions, and order the defendant to put in bail to the extent of 50/. to answer the charge. The bail was immediately found, and the defendant thereupon liberated. Julia McCartiu y, a servant-of-all-work, was charged with assaulting her master, Mr. Hass, a master tin manufacturer, of No. 2, Middlesex-street, Spital-square. The complainant, who is of the Jewish persuasion, and whose head and face were literally e,.vered with plaister, and his left arm in a sling, stated that he arrived home on Wednesday evening, at about half past eight o'clock, with his three sons, from the Synagogue, when he found his wife, who is near her confinement. outside the door, and being supported by two strangers, the cause of which, he learnt, was the conduct of the prisoner. who had threatened to " knife her." He went into the parlour of his house, where the prisoner stood, but she had no sooner seen him than she snatched up the two candlesticks which were upon the table, and before he could prevent it, she struck him violently on the head with each of them. He fell, and she then bit him in the arm, and tore the flesh through the coat and shirt. The com plainant here showed a deep and dang•-rous wound in the sinewy part of his arm. The defendant was the worse for liquor. Mrs. Hass stated that the prisoner was sent out with the youngest child to feed it. It was the Jews' Pas,over, and the bread they eat themselves daring that period was not fit food for infants. It was therefore the prac tice among the Jewish parents to have the younger children led from home on these oc._!asi. , ns. When she came home she had evidi ntly been drinking, and during the day had procu-ed more drink. Witrii.sc remonstrated with her, but she was answered with the vilest abuse. anti at length the prisoner snatched up a table-knife and swore she would "do for her with it." The prisoner here expressed, lou.l enough to b, heard by several persons near the dock in which she was stand ing, her regret that she had not done it. Mr. 3rtot:Girrost said he should s. ad her to prison; but she must be brought up again next week. 11.1;1.111: S. George Allison Omani, a tail, well. dressed man, about 3 3 years of age, a hoendraper, was ehargel wi•h ioter marrying with Anna Louisa Fosser, while his first wife was alive. Pearse J. Dixon, clerk of St. JOh lI ' S district church, Bethhal-green, produced the reizister-bye of marriages, from which it appeared that George Allison Overt!in, bachelor, and Harriet Ann Ives, spinster, were married by banns on the 3d of July, 1839. Mary Ives stated that. she is aunt to the prisoner's first wife, and that when she heard of the marriage of her niece in 1839 she went to St. John's Church to satisfy herself of the fact. The prisoner and her niece afterwards lived together as man and wife, and he want by the name of Overton, and carried on the business of a linendraper. The prisoner separated from his wife three years and eight months ago. On Monday last witness went to the residence of her niece, who was then from home, but on the following day she received a letter from her stating that she intended if possible to present herself at the police-court, but she had not done so. In cross-examination by Mr. Pelham, the witness said the prisoner and her niece quarrelled in the street, and he returned to his dwelling in Limehouse-causeway, put his goods in a cart, and left the neighbourhood. He re fused to allow his wife to accompany him, and used threatening language towards her. She (witness) had no doubt her niece left the prisoner in consequence of his ill-usage. Her niece was afterwards reduced to great distress, and she sent her to Yarmouth, where her friends resided. She never heard that her niece was unfaithful to her husband, but he had been very unfaith ful to her. She never heard the prisoner was a man of unsound mind. Witness heard of the second marriage some time ago. The mother of the prisoner married his wife's father. Mr. Pelham—l see—it was a family compact. Anna Louisa Foster stated that she was married to the prisoner at Whitechapel Church on the 22d of July last. He married her in the name of George Hoshaiah Allison, and she never knew him by any other. When she first became acquainted with him he was in business as a linendraper, and she was in the habit of making pur chases at the shop. He paid his addresses to her for 12 months previously to their marriage. On or about Christ- . mae last he told her that he was married to another wo man, and that he did not like to mention it before, as he feared the news would distress her. She continued to live with him until the 23d of February last, when they had a few words, and, after kissing her, he said she would never see him again, and left home. She had not seen him since the 23d of February until that day. witnees fainted away when she had given her evi dence, and was carried out of court. _ _ Hobert Sheffield produced the certificate of the regster of the I st marriage at Whitechapel Church. Mr. YARDLEY said, the ett,e must go before a jury, and there was not a single extenuating circumstlnce in the case to justify him in taking bail. He committed the prisoner for trial. LAMBETH. John Phillips, the snn of a gentleman of respectability, was charged with exposing his person in Coldha.rbour lane, Camberwell, on the preceding evening. The case was clearly proved, at when the prisoner was called on for his defence, his father, who seemed very much affected, rose and said that for many years his son had been the source of the eseatrst po,sinle un• happiness to him, and after , iissipating a very handsome property, had .nlisted in the 45th nogiment. Soon atter ho accompanled his regiment to India, and had been in all the despo ate battles during the last two years. The awful description of the carnage he hat witnesed, which he had sent home, induced him (the father) to send out a suet of money to purchase his discharge, ani he con sequently came home. On his arrival, a short time since, his head was one mass of blister, and it was his im pression that this must have affected his in:nd. During the whole of his former pmfligacy he ha - I never known his wretched son tot be guilty of any such offence as the present, and if it was his Worship's opinion that he had been really guilty of the charge he should be the ls,t to screen him. Mr. ELLIOTT felt pyrfectly satisfied of the prisoner's guilt, and c .rnmittt d him to the House of Correction fur three months. _ATTEMPTED MURDER AND SUICIDE. HAMPsIIIRE, W EDNESDAY EVENING.— This afternoon a spect.l session of the justices for this divi,ion of the county of South Hants Xas held at the Red Lion Inn, for the purpose of investigating a most serious charge of attempted murder and suicide. The particulars are as to:low: It appears that on Monday, the 22d of March last, the inhabitants of this quiet and beautiful town wi•re much akrim-d by a most desperate attempt at murder, and the attempted suicide of the perpetrator, which took place in the afternoon of that day, at the resid-nce of Mr. William Thresher, one or the county magistrates for this district, by his footman, Chas. Wolfe, aged about nineteen years, upon the person of Elizabeth Ayling, a nursery maid in the same family. From the statements which have appeared it is perfectly evident that the attempt on the unfortunate girl was made with the utmost deter mination on the part of the man (Wolfe), and that, in her attempts to free herself from the grasp of the ruffian, the poor creature was much injured by the razor the fellow used, with which he subsequently attempted to destroy his own life. Not less than ten of the local magistracy attended the session this day; subjoined is a list of their names and residences: —Admiral Sir John A. Ommaney, K.C.B. (chairman), of Warblinton House, Havant; Sir James Stirling Bart., of Bedhampton; Captain Samuels, R.N., of Gosport; Captain Greene, R.N., of Wreckham; John Beardmore, Esq., of Uplands Lodge, near Fareham; W. Page, Esq., of Brockhurst, Alverstoke; John Mar tin, Esq., of Wyniering; W. Forester, Esq., Fareham; Dr. Hillyer, of Gosport; and J. E. Atkins, Esq., of Portsmouth. The case having been called on after the routine busi ness of the day was concluded, Elizabeth Ayling was first examined by Mr. Badden, the clerk to the bench--Knew well the prisoner at the bar. (The prisoner here became so violent, through the intensity of his feelings, that it was almost impossible for the superintendent of the local police, Mr. Gore, to restriin him.) Witness, in continuation, deposed that on the 22d March last the ptisoaer went into her room, and witness asked him the question. " What business have you here ?" The prisoner then went into Mr James Thresher's room. Prisoner afterwards went to the lower part of the house, and in a few minutes he re turned. He then said something to her which frightened her, which, if I recollect right, was " I'll do tor you." [ did not s-e anything in his hand at that time, but, in consequence of what he said, I was frightened, and he came towards the door and shut himself in, and then he struck me on the side of the head with something heavy, but Ido not know what. The blow knocked we down. Witness did not recollect whether the prisoner struck her more than once upon the first ~c casion, but on the second time he struck her again, when she was striving to pass by him. The prisoner pulled out a razor, oe some sharp instrument. It was something %harp. Felt that he cut Ins upon the throat more than once. About ,or throat !h• re are three wounds, and two upon my h ad. ‘Vhile I was ,truggling ith him he dce:s his raz.ir through • ny hand, and co my fingers ; only ire of my hands w ay cut. I " Oh, yon wretch!" He said, " Wretch." After this I tried to get to the wind ,w, having got oft tit., floor, alit' et, try ink to get to the (Lair he dragged ni• lower again by my hAr. and pr, v nt. d me. Thi, aas the third rim I was upon thr !Iron I stru.:4glvd and got away -oat] bon, and i•ft ttim ott she floor. I tialoioed out at tern,. Oil, murder." Up •n this occr.,i , u+ he did not attempt to collar+ after mc. I rat. down the stairs, and 'Oct tit • housuontid Sarah in the f:.11. My threat was then bh r Tug. [Jre name is Sarah Unwire. I told her I .5'55 in danger. T+,e prisoner was not guilty of ary lode cency towards me. After I was taken up to bed I saw a razor in the hind. of Mr. Thresher, my master, hav+++ t,ecit c..ntint , d the house in consequence of this occur rence wail this day. I could nut get up until Monday, the sth instant. Ttit, evidence as taken by the clerk was then read over to the witness and the prisoner, but he appeared quite in stite of torpor, and it WWI with considerable daficuliy that he w is aroused to hear the statement. l:iubsequently the prisoner, upon being asked whether he had an) thing to say, replied, I believe what she has sail is true; I don't b -lieve she will tell an untruth. Sarah Unwin, housemaid in the service of Mr. Thresher, stated that she knew the prisoner Charles Wolfe. On the 22d of March I heard the last witness come done the stairs screaming. I was in the kitchen at the time. Elizabeth was covered with blood, which flowed from her head and neck. I asked, in the hall, what had happened. She said, Charles had done for her. I then went up stairs, and observed traces of blood on the wall. These were finger-marks. I then went into the nursery, and then returned into the kitchen, where I saw blood on the floor from the door to the window. The prisoner was then lying on the floor, with his back to the door. Master told him to get up, and after some time he did so. Wounds were inflicted on the head, neck, and throat of Elizabeth the nursemaid. Upon the above testimony being read to the prisoner, and he questioned with regard to the statement, he re plied that he did not dispute what was said. William Thresher, Esq., one of the magistrates for the county of Hants, being sworn, deposed :—Theprosecutrix, Elizabeth Ayling, was in his ser vice as nursemaid, and the prisoner, Charles Wolfe, was his footman. Was at home on the 22d of March, and heard cries of distress, the nursery-girl crying out " Oh, oh." The prisoner was nine months in my service, and the nurse was in my family two years. I saw marks of blood on the walls, which continued all the way up stairs to the nursery. I thought one of the children was injured at first, but, upon going into the nursery, I saw the prisoner lying upon the floor. There were marks of blood in the nur sery. I ordered the man to get up, as he was lying on hid face ; he did, after some persuasion, and went into his own room. I found a razor, covered with blood (prodw.ed), which was then wet with blood. That is the same razor. I saw the mallet (produced) in the room ; it was a little splintered before. The handle was split before I saw it upon that occasion. The mallet is my property. and it is usually kept in the cellar. Wit ness had seen it lately in the cellar. Witness did not observe any stains of blood upon the mallet when he picked it up. The gill was taken up stairs before this time. The pris ,, ner said, after the testimony of Mr. Thresher was read, that he had nothing to say in answer to the evidence ; he (the prisoner) hid been in the service of that gentleman el. ven months and nine days. The Rev. William Thresher, vicar of TitchflAd, SON of the f rut .r witness, deposed that he heard froth his father that some injury had been d: , tie to the nursemaid hy the prisoner, anti upon proceeding up star, he found blood upon th . walls. fle (witness) gave the razor. coyervd with b10..d. to Nlr. tloperintendent Clow, ~f ihe constabulary, wh hel been sent for. Wit tie., found the mallet, w Ar!h lie afrei a a.i.ds earried into a ro an, and put it away, until Mr. Morse, ;he surgeon who w a s called in at the tune, gave the mallet to one of t h e p..li c e, .so me time after the capture of the prisoner Wolfe. The prisoner having declined to say anything further than that the chare,esagainst him were true. The CllainmaN s yid that the opinion of the magis tmt. s aas tuoolitnons, aud, therefore, they decided to c ‘nonit the prisoner, at once, for an attempt to murder El z d3.,th Ayling. The prisoner was then handcuffed, and taken to Win chester gaol, to await his trial at the next assizes. THE ACTON MURDER. CONFESSION OF CATHERINE FOSTER. Since her conviction and sentence, and return to gaol. the unhappy prisoner, Catherine Foster, has displayed less ap tthy than she evinced both before and during the trial, but has been move by none of those vehement symptoms of grief and remorse that a sense of her dread ful situation would infallibly produce in a mind less able to bear the pangs of compunction. She has, however, hitherto maintained a mild, calm, patient demeanour, and receives kindnesses from those who attend her with marked expressions of gratitude. The constant and assiduous attendance of the Rev. Mr. West, chaplain to the gaol, of the Rev. Mr. Ottley, rector of Acton, and of the Rev. C. J. P. Eyre, incumbent of St. Mary's, has contributed greatly to remove that coldness from her manner which attracted the observation of all spectators during the progress of her trial. She made a full con fession of her guilt in writing on Thursday last, both to Mr. M'lntyre and the Rev. Mr. Ottley, accompanying it with an earnest request that neither of these gentlemen would permit it to be seen by any other person until she had passed away. Before making her confession she im parted some very contradictory state men t s to some o f the f- male prisoners, we understand, which, coming to the ears . of the a u th orit i es, s h e was ki ndly advised not to deceive herself by i n d u l g i ng i n suc h representat i ons, b ut if she felt disposed, after addressing herself to God, to disburden her mind, to do so truly. She subsequently, we hear, took the opportunity of the governor's presence to tell him some part of the circumstances detailed in her written confession, and then, requesting some ink and paper, wrote out an acknowledgment of her guilt, and an admission of the justice of the sentence passed upon her. We have been unable, of course, to ascertain anything of the contents of the written paper, which is, at present, a sealed document; but from what has tran spired of her verbal confession to those attending her (and we believe our information may be so far relied on), she abscribed her guilty conduct to being urg e d i nto a marriage with the unfortunate victim, Foster, a ga i nst her will—that her mother urged her into the watch, and that she disliked her husband from the beguniieg • She added, we understand, that her husband was most kind and most tender to her at all times, and had never d. ne or said any thing that could give her uneasine - ss; but she had been form d into a marriage she loathed, oi woidsAti that effect. Ever since h r confession, and her mind has been disburdened, she has .appeared easter, and i. penitent. We believe the above particulars, as f:r. as they g.), 1114 Y bo relied . on; and we are satisfied' to be euanli d to close this b . rt. t account by stating that, at th e present time, th . e i!ntoriunate , pris,in t r i s in a good and proper frame ot. orted b% mind gr,tetul b.r igiou-, solace, and manifestly comforted icanings of t h e r ev, gentle men and others who titt,l:4 her unr e mittingly. She expresses contrition, and appears prepared fur the result. Prayers were off red up for her at S. Mary's arid St. James's Churches on Good Friday and Sunday last. Tne exeeu ion wall take place, we believe, by ihe ord, r of ihe High Sheriff, on Saturday week. On reading over the above, we find we have omitted one pirticulur, which much anxiety has been exhibited to ascertain, namely, as to the poison. We believe we can ,Late, with perfect truth, that the arsenic WAS pur chased at Sudbury by Cathetine Foster herself, but of whom it is not our province to divulge. The loose and most rep”ehensiblo manner in wbick deadly pisons are permitted to 1) , -• sold by apothecaries to persons applying singly, and frequently too young or too ignorant to know its fatal properties, demands im mediate remedy. It i. not to one caie of poisoning only to which the public attention is now directed, but to o oa •n ; and these will mit be the lust unless the law step iht and make provision for the more careful dispensing of such dangerous articles.—Sntroth Herald. A FEW THINGS THAT OUGHT TO lir: KNOWN ABOUT' filE NEW COUNTY COURTS. ju.isdlction of the Court extends to debts to Lb° Amount of 20/., and to hurts and wrongs of all deserip• rions %here the damages are not hid a b ove 5L PhtinTs of ejectment for rents under 50/. may also be brought before the Court. The following is a list of the Court fees on entering plaints. Cost of a summons if the defendant resides within one mile of the Court House :—For sums not exceeding 205., 91. ; for sums exceeding 20s. and not exceeding 405., Is. 4d., with an additional charge of 6d, in the pound (being the general fund fee) ; if above 40s, and not exceeding 51, 2s. 6d., besides the general fund feet which is Is. in the pound o n a ll sums a b ove 40 s . ; if above 51. and not exceeding 101., 4s. 10d. ; if above 101.9 75., if the action is founded on contract, and Bs. if it is founded on tort. The allowances to witnesses are as follow:—Gentle men, merchants, bankers, and professional men, 7s. 63,. a day ; tradesmen, au c ti oneers , accountant, c l erks, an d yeomen, ss. ; journeymen, labourers, and the like, 2s• Travelling expenses, per mile, one way, 6d. The points most important to be observed by suitol l are the following:— BY A PLAINTIFF. He must apply at the office of the Court to enter a plaint in a book to be kept there. If the sum be above 61., he must deliver as mall copies of the particulars of his demand, or cause of aa' tion, as there are defendants. The plaintiff on entering the plaint will receive from the clerk a note, which must be produced on taking tali money out of Court, or he must procure the order of the judge for that purpose. The clerk will fill up the summons with a copy of the particulars. Every summons must be served ten clear days before the holding of the Court at which it is returnable, and must be served personally, or left with some person 11 $ defendant's dwelling-house or place of business ; but where it has not been served personally, and the de' fendant does not appear, it must be proved that the ger' viee has come to his knowledge ten clear days before th . return. I the defendant pays any money into Court he nigel do so five clear days before the return of the summons* If plaintiff accepts the sum so paid in satisfaction, he must give the clerk and the def en d an t a wr itt en notice ~f it three clear days before the return of the summons The action shall then be discontinued, and the plaingil -hall not be liable to any further c os t s . I n d e f a ult !), the notice, the action will proceed ; and if the plaintlu do not appear at the hearing, he will be liable to pay the •lefendant's costs. BY A DEFENDANT. Of In case he has any set-,,Ff, h e mus t g i ve no ti ce there o f in writing to the ch.rk, and deliver him two copies of th e •nkrs thereof five clear days before the return of the summons. i like notice must be given of any special defence. it , fincy, cove, ture, statute of limitations, or his dis chsrge under the bankrupt or insolvent laws. it In debts exc, , etiing 5/. the party requiri n g a j ur y n 3 ' n i , t- twit (delr days notice to the clerk before the return Hof the summons. When an order is made for payment of money by :tal , r,:nts, they are to be pmi , l at. the clerk's office, 1 : such peri,is a 4 the C , ,urt shall order; tvid if no ordel lie mule as to tly, perio , li of payments, the first instile went. is to become due at the expiration - of one calends'. month fro , o the thy of making the order, and the 0 : c , ssive instalments will t...e payable at intervals doll', month fry rn each other. Facilities are provider.' for enforcing Claims by ° l ': Againstex.cutor, and adtninistrators. - A defendant can be examined as well as his wife. MARKET NE WS.— (YESTERDAY') ivEz.wr ta.a.aixs4 S. ersi SOUTHALL, APRIL 7 —Th ere was a very steady gen trade here to-day, and prices bad an upward tendener Beef, from 3s 6d to 4s 4d, Mutton, 3s 4d to 5s 6d; Lao , 0 ,3 5s 8d to 6s 6d ; Veal, 4s 4d to ss; and Pork, 4s to 43 ^ • per Sibs., to link the offal. ROMFORD, APRIL 7.--We had a very firm trade this oil; ing, at from 2d to 4d per 81bs. more money.—Beef, from an al o 4s 4d ; Mutton, 3s 8d to Si 4d ; Lamb, 5s 4d to 6s B civ Veal, 4s 2d to 58; and Pork, 4s to 4s 8d per Sibs. 8 n,,, 5 ; ling Calves, 18s to 295 ; Quarter-old Store Pigs, 16s to A° and Mitch Cows, with their small Calf, 161 to 191 each. LEWES, APRIL 6.—Beef, from 3s 10d to 4s 6d; hfu twcn 4s 6d to 5s 6d; Lamb, 6s to 6s 4d; Veal, 4s 4d to 4s 8d; • — " , d ' Pork, 4s to 4s 6d per.Blbs. A short supply, and a firm densan NENATGATE I.ND MEADENEL.A.S.L., boo There was only a moderate supply of Meat on slue „ s sej and which moved off steadily at full prices. Beef, from s a l • to 33 8d; Mutton, 3s 4d to 4s 4d; Lamb, 5s 8d to 6s ilk . Veal, 4s to ss; and Pork, 3s 8d to 5s per Eilbs by carcase. • HAT MARKETS. Ssurnmar.D.--Meadow Hay, 21 15s to 31 165; Clover Si 15s to 41 15s ; and Straw, 11 10s to 11 Its per low' A fair average supply, and a sluggish demand. CUMBERLAND.—Meadow Hay, 21 16s to 41; Clover dittg 31 14s to 4/ 14s; and Straw, 1/ 12s to 1116 s per 101 " Supply but moderate, and trade dull. WHITECILIPICL.—Meadow Hay, 2/ 158 to 3/ 185; Cloff ditto, 3/ 16s to 5/; and Straw, 1/ 108 to 11143 per low' A moderate supply, and a dull trade. CORN AVERAGES. GENERAL AVERAGE PRICES OF BRITISH CORI( of For the Week ended April 1, 1847, made up from the Returns ta l e Inspectors in the different Cities and Towns in England and • per Imperial Quarter. I WHEAT. I BAHLET. OATS. RTE. I BEANS. , 1 04 PRICE • • I 77s Id 51s 3d 31s 57s 7d 51s 5d The Duties on Foreign Grain are new suspended. Lai% PARlSHOFKENSlNGTON.—Wednesdayeveningla- ad . a'cluck, the poll for the election of churchwardens fine closed, and at seven o'clock the numbers were decle' f iS. as follows:—Chancellor, 677; Sape, 628; majori t y Chancellor, Chancellor, 56. The result was receiv e d by the Ves t in silence. A protest against the proceedings l e y handed ;n, on the ground that although the written s (nand of a p }II did not specify under what statu s d e r should be taken, the votes had been entered 1111 ,/ S , tirges Bourue's Act, which admits of plurality votes. CUI: WRNIVALL AND DEVON WRESTLING.—We... nA - S .„0 the •Arestling at the Brecknock Arms was resumed to concluded. At four o'clock the umpires proceede u te d couple the standards, and some admirably coniesbe rh}t}ts came off'. That between Snell and Mel o ,' b ing the great feature in the day's play, they conte 6 0 (or !wanly aii hour, victory seuming inclined to 004 more than the other. Ellicombtt showed play first, ht s threw his , ipponent frequently by the cross-buttock, ;40, never a lair back-tall. el!IPli at l engt h g o t his fatre ll os, hold, and threw Elite- robe a Nil which, atter much n o, cusaiin, wa, pronounced b% the referee to be a fair ° or The tkrestling betwein Jenkins (Cornwall) and 1 r • chins (Devonshire) was much applauded, and, si te hi loi g .111 d .- . cientific struggle, Jerkins threw the lattefid the baelt heave. Jenkins also faced Snell, and strugg ef f long and skilfully, though unsuccessfully, against f l o;) sui_ertitr weight. In the third time over, KeteP,b,); threw Biirtirn; Clarke (D.) backtrippcd Gager 00 , Snell (D.) butt.}cke.d Jenkins (C.); Ball (C.) odd DO Fourth time, Clarke (D.) grassed Kemp (DO; DO (D.) threw Bali (C.) U. Snell thus obt a ined the P and Clarke the second prize. Ball and Kemp novi e° bi tended for the third prize, which Kemp (D.) e' oll g JI throwing Ball quickly and cleanly. The winners are from Devonshire. j o ie SUDDEN DEATH IN TAVIETOCK-SQUARE.—W" - 1' day afterroon, shortly after three o'clock, as a re s P C .. ., 9, able man, named Benjamin Somers, residing at alo ng Sandwich-street, Burton crescent, was passing 91 '04 Tavistock-square, he was observed by the pasSeng t hs suddenly to stagger and fall with great violence °n o se pavement, whilst at the same moment an , 11 1: 3 iitb• stream of blood was observed to pour from fuseeoo He was conveyed with all possible speed to S fir j a been in the neighbourhood, but death, it appeared, D a. , the almost instantaneous, caused, it was believed, b y A y sudd . n breaking of a blood-vessel of the heart. The, ceased, being at the time unknown, was conveyed c0.,7-4 Pancras workhouse, where he has been since ident M by his friends. [ ADVERTISEMENT.I EXTRAORDINARY' EMU. t oe& LIvER AND STOMACH COMPLAINTS BY HOLLOWAY'S PILLS. — l s4 l ' of a letter, dated 30, Princes-street, Glasgow, February 1 ' 1 :40 0 "Professor Holloway—Sir, I have taken your pills for a disease - ,4 liver and stomach, from w hi c h I had long suffered. when I 'Ol/ menced the use of them I was in a most wretched conditLon'otif humanly speaking, they have saved my life. I had consulted _Ail , medical men to no purpose. lam now perfectly restored to Il d ",700 to the surprise of all who w it nesse d th e s t a t e t o w hi c h I ka,sve4,) reduced by a disease affecting the liver and stomach. tgoe " CUABLES %Fiume' Sold by all Druggists, and at Profesol. !ewers Establishment, 244, Strand, London. DIED. E 9 44 On the 6th inst., at Rottingdean, Thomas Beard, - aged 80 year:. On the sth inst., in Queen Anne-street, Cavendish-Se ll* the Right Hon. Joseph Planta, aged 60. On the 25th ult., the Rev. M. Hughes, Kildare, Irelattor On the 27th ult., at Bonn, on the Rhine, Major g e t of Jones Grove, K. H., late of her Majesty's 80th Regi Foot, aged 63. 03 0 On the 31st ult., at Shackerwich House, Captain # ll Burdett Ness, half-pay 71st Regiment. M o te On the 3(1 inst., at Chavenage House, near Tetburl , , — ,. cestershire, Mary Anne, widow of the late Rev. J. Pbt" ;f r; of On the •Ch inst., at the Mount, Harrow, Justine, 0 " Will un Mackenzie, Esq., aged 47. a ° On the 4th inst., at 11.,slemere, P. Williams, Esq., sg,iipr On the sth inst., Baldwin Duppa Dupna, Esq., of bourne House, a titigistrate and deputy-lieutenant, afgcupg., On the sth it.st., at Brighton, Abraham Goodute o, 61, aged 67 ; also, on the 15th ult., Rosetta, his wife, age d r On the sth inst., in New Bond-street, Mr. Charles ca-ter, aged 61. On the sth inst., at Frimley, Surrey, Captain Ahrsh A tg Oa the sth InA ' . Ann, relict of the late Richard Virelb' Esq., of Oa) -hill, Enfield. At Brussels, Palmyra, the widow of the late Lieete °ot Francis Crowther, of the 80th Regiment. 1 0, Printed tint Publisned by kfUltDO YOIJAIU. of 'it o pfli I , lllter. at The • .fllice, No. 112, in the 91 of Liao Savoy, in tko County of Middloses. FAO/. 1047. BIRTHS. bt On the sth inst., at De Coigny House, Leamingto n ' wifo of H. Charles Hawley, Esq., of a daughter. On the 6th inst., at Westbourne-street, Hyde-park , Walter T. Fawcett, of a daughter. oisf On the 6th inst., in Chester. terrace, Regent's-park , William Benett, of a daughter. MARRIED. On the 3d inst., at Christ church, Hants, Henry .D.r!„ — o po ;OA Esq., of Basingliall-street, London, solicitor, to Mary, s" daughter of Mr. W. Lipscomb. late of Sherburne, Dotisj.t>,