The Express.
London, England, 1864-12-10 00:00:00

THE EXPRESS, SATURDAY EVENING, DECEMBER 10, INC

one. Krivaszar asked whether he was to go to the
workhouse or starve. HAAT replied that he could
not help it, and urged him to sign a paper in order
to keep the matter out of Chancery. This paper
KINGSLEY refused to sign, but subsequently signed
another on receipt of 1101. This second paper
was nothing more or less than a receipt for
four shillings in the pound on 5501. invested by
the plaintiff in shares, of which he now says he
had never beard before. In cross-examination,

however, he admitted that he had known the de-
fendant a long time ; that he thought from the first
it was a company of shareholders, and signed
receipts for interest in a book but that he signed
the second paper, for whichhe received 110/., because
he was told that unless he signed it he would get
nothing. Harr, the defendant, stated that it was
at JACKSON'S request that in the spring
of 1850 he became a depositor in the Mid-
dlesex Loan Society ; that in the autumn of
that year KINGSLEY had come to him with
some money, and had been assured by him
that he should not have put his own money in the
office if he had not considered it safe. JACKSON
was the manager, and kept the books ; but Haar
represented himself as a depositor only, though
his name had been used u treasurer without his
knowledge or assent. " The boy THOMPSON,"
aged fourteen, was called the Secretary.
The Society was never registered ; there
was no allotment of shares, but all the
depositors were shareholders. It was a society
that held no meetings, bad neither auditor,
directors, nor treasurer, nor banker. All the per-
sons employed by JACKSON, the manager, were
found to be dishonest. ti Lea, one of the
original partners, defrauded the Society of 5001.,
and Haar "advanced" 5001. to meet the default,
—that is, he paid that sum, not by cheque,
" but by transfer "—in order that his friends
I and relations, who were depositors, might
not suffer loss. It was drawn from
the defendant in cross-examination that the
Society was insolvent ever since 1850, when
Uun had defaulted, and JACKSON, the manager,
had " shut up " the old society and opened
another with a reduced! capital at the same office.
HART represented himself Si a loser of
500/. worth of shares, which he had " trans-
" ferred " from his own account to save some poor
depositors ; and of 3001. which had been de-
ducted " by reason of the loans " from the 1,3001.
which, from first to last, he had put into the
concern. In short, the defendant represented
himself as one of the principal sufferers in a phi-
lanthropic enterprise formed by several persons
to advance money on loans for their common bene-
fit. Unfortunately, though he had been 30 years
a stationer, he knew no more than JACKSON, the
manager and creator of the Middlesex Loan
Society, or than "the boy THOMPSON," aged 14,
its Secretary, of the difference between depositors
and shareholders ; between "a reduced capital "
and insolvency ; or of the operation of a "reserved
" fund" consisting of "bits of paper," in recon-
structing a capital on a basis of insolvency. " There
was " something," he said, " of a general balance-
"sheet, but he could never understand it." The
question being whether KINGSLEY, the plaintiff, had
lent the 0001. which he sought to recover, or was a
shareholder in the Company, the jury decided in
hie favour, and returned a verdict for 484/. ss.
We have seldom met with a more perfect
specimen of one of those muddles in which it is
difficult to distinguish accurately between dupe and
knave. Yet it would be a gross injustice to the
memory of the Middlesex Loan Company to pre-
tend that it was an exceptional concern. Since
Ithe Winding-up Act came into operation our law
reports have been a continual record of the life
and death of companies of which the life was
perhaps more luxurious and pretentious, but of
which the death was quite as discreditable and
ruinous as that of the Middlesex Loan Society.
JACKSON and Co. were but humble benefactors of
their species, following at a respectful distance the
splendour and havoc of far more ambitious
and luxurious adventurers. KINGSLEY, the
plaintiff, who received his ten per cent. for many
years, would perhaps not be a subject for com-
passion even if the verdict had gone against him.
Yet who among his superiors and his betters shall
accuse him of hastening to be a millionaire with
700/. in his pocket and ten per cent. interest
staring him in the face in the shape of a Loan
Society ? The pity is that the kind master who
made him so remarkable a present did not also
find him a safe and sound investment for his
money.

The return of the court from Compiegne, which
was fixed for Monday, is now said to be postponed
till Wednesday.
The Bourse was in an undecided state to-day.
The reaction, which set in yesterday after the lower-
ing of the bank's discount was known, has made no
further progress, but the Rents does not rise.
The Daily News is seized for a leading article on
the Appel des Treize.

MUSK!.

SACRED HAB.KONIC SOCIETY.

There was a very grand performance of Judas
Mamobeur last night et Exeter-hall ; though it was much
injured by the absence of Mr. Sims Beeves, who, we regret
to my, still labours under severe indisposition. Mx.
Ways Cooper acted as hie substitute ; but it is no die-
parsgement to that excellent performer to my that neither
he nor any one elm could fill the place of the greatest of
English tenors, especially in an oratorio which gives room
for the Slidell' of his very highest powers. Though,
however, we lost the effect of the umpiring wat-
ery, " Sound an alarm," of " Cell forth my
power'," and " flow vain is man,' yet, in the
lees arduous portions of the performance, Mr. Cooper ac-
quitted himself like an able artist, and was received accord-
ingly. The chief soprano airs were admirably smug by
Madame Lemmers-Sherrington, a lady aa remarkable for

the ?motility es the greaMes at her talents. Her "0
Liberty r was in the true Handelisa spirit and style ; and
her " From mighty kings he took the spar was a perfor-
mance of finished excellence. Miss Banks wee happy in
several airs, particularly the beautiful " Pam orgies,"
which she sang charmingly. Mr. Weiss end Madame Sainte's-
Dolby, we need scarcely add, contributed to the rooms of
the performance.

UNIVABBITY INTILLIGENCIL

Dec. 9.
HULSEAN Pram—This prize is given under the
wal of the late Mr. Mules, to say member of the Univer-
sity of Cambridge, under the degree or standing of MA.,
who camposes the beet dissertation, in the English lan-
gm" on the Evidenoss in general, or on the Prophecies
or Mirada in particular, or on any other particular sign-
moot, whether the same be direct or collateral proofs of the
Christie religious, in order to evince its truth and excel-
Isom. The subject this year we. " The characteristic dif-
ferences between the boob of the New Testament, sod the
immediately preceding Jewish and the immediately sea
seeding Christsan. literature, considered se an evidence of
the divine anthonty of the New Testament" The Encomia'
ondidate wee the Rev. B. Sinker, 8.A., of Trinity College.

OXFORD. -pic..9:

_.
MACIDkLIN HALL--Jolt Elton Halliwell, from
Brighton CoUsgs, was this day sleeted to the vacant Meeks
Scholarship, at this Rail.

With reference to the fact that under the ad-
ministration of Sir Robert Peel, in 1844, an act of perlia-
moot, introduced by Mr. Gladstone sa President of the
Board of Trade, was passed to enable the government, on
urban terms, after twenty-one pan, to buy up all such
rellways in the United Kingdom as might thenceforth be
=Ater:rd.* report Ire become current (rys the Times)
among leading moons in the City that a large measure is
now under the consideration of the governmeut to effect
upon the basis of these powers a comprehensive change in
the railway system of the 17nited Kingdom. Next year the
stipulated twenty-one years expire, and the proportion of
the existing mileage that will ultimately be liable to come
under the operation of the act in question is believed to be
nearly 85 per cent. The main conditions of payment fixed
in the act is that the amount shall be equal to 25 years'
purchase of the rate of profit of the three preceding years,
provided such profit has not exceeded 10 per ant.

The rope-jugglers should make their hay while
the sun shines on them ; " for not only," (says the
Athenceim), is Donato minim, bot also liPetropoli.
Petsopoli, we hem from an Italian friend, is surnamed
"D Elastioo ;" and, among other contortions, puts a glass
of wine upon the sole of his foot, and driuks it off ; and.
when making his bow of adieu to the spectators, slaps the
back of his head, also, with the sole of his foot.

A telegram from Brighton announced the
sudden death of Mr. H. D. Blyth, of the large London
mercantile firm of Mews. H. D. Blyth, Greene, and CO.
THE CONSERVATIVE CANDIDATE FOR ROCHESTER
AND THE REFORM CLUB.—The new conservative candidate
for Rochester, in addressing • meeting of his supporters on
Wednesday, read to them the following correspondence :
"Reform Club, Dec. 3, 1864.—Sir,—I am directed by the
committee to inform you, that their attention has been
called to • printed bill,wherein you address the constituents
' of Rochester upon ' conservative progress, and oppose two
liberal members, who are also members of the Reform
Club The committee think it right to call upon you
for an explanation of this circumstance.—l have the honour
to be, sir, your most obedient servant, FREDERICK
RALMRD, Secretary." To this be sent the fol.
lowing reply :—" 7, Finsbury Circus, Dec. 6, 1864.
Sir,—l beg to acknowledge the receipt of • letter
which the committee of the Reform Club have directed
you to write to me. The wording is obscure, and does not
clearly express its meaning, and therefore I shall be glad
of further explanation. However, my political principles
will be fully set forth in the oonrse of two or three days,
and I will take the earliest possible opportunity of for-
warding them to the committee tor the msociation.—Yours,
Re., A. Sum" In his speech on Wednesday, Mr. Sines—
although, as will be seen from the above, • member of the
Reform Club—said, if returned, he should give a general
support to Earl Derby.
SCESORIPTION OF THE CLEROY.—WO believe that
the oommissionen appointed by her Majesty to consider the
forms for the subscription and declaration of clergymen of
the United Church of England and Ireland have unani-
mously_ agreed to recommend That the declaration
prescribed by the Act of Uniformity, I do
hereby declare my unfeigned assent and consent to all
and everything contained and premribed in and by
the book intituled the Look of Common Prayer," shall
not be required of or from any clergyman of the United
Church hereafter ; and, 2ndly, that there shall be from hence-
forth but one farm for Subscription and Declaration, viz. :
" I assent to the Thirty-sine Articles of Religion and the
Book of Common Prayer, and of ordering of bishops, priests,
and deacons ; I believe the doctrine of the United Church
of England and Ireland as therein eel forth to be agreeable
to the Word of God ; and in public prayer and administra-
tion of the Sacramento I will use the form in the said book
prescribed, and none other, except so far as shall be ordered
by lawful authority."—DaGlin treeing Mail.
THE NEW PROCTORIAL SYSTEM AT CAMBRIDOE.
—As the new proctorial system has now had a fair trial of
considerably more than • year, we are able to judge of its
value by the test of experience, and most sincerely do we
congratulate the town, and more especially the university,
on the fact that that experience is unequivocally in
its favour. While the good order of the streets has
been preserved, at least as efficiently as under the
old ',stem, the sensibilities of the community have
not been shocked by any of those disgraceful and deers& '
jog scenes between the proctors and the social evil, which
used so frequently and so disagreeably to disturb the peas
and quiet of the town, and to exhibit the university oath°.
rities in a light so derogatory to their character as clergy.
men and gentlemen. All these scenes of disorder have been
happily done away with ; the proctors are no longer the
jackalls of the Spinning-home ; and by confining themselves
to the gownsman, who are the proper objects of their supervi-
sion, they enlist the feelings of the town on their side
In any 011141 of emergency, instead of arraying them in oppo.
@Aim. The October term, which has always hitherto been
disgracefully notorious for thrice as many street rows as
both the other terms put together, is this year passing
over with • tranquillity sod orderliness which are as novel
we they are satisfactory—and why ° Because the proctors
have bad • year's training as pro's—they are acquainted
with the town, sod experience has taught them that know-
ledge of the world which makes them regardful of the
feelings of others, and careful not to provoke opposition by
being too officious.—Carabridye ladcpeadent. _

CAMBRIDGE LOCAL EXAMINATIONS, 1864.—The
Cambridge Local Examicatioos for this year commence on
Monday, the 12th December, at twenty different centres.
and will close on the following Saturday. There is a con-
siderable increase in the number of candidates this year ;
the number of seniors is 179, and of juniors 665, making
a total of 844, and of these 2:1 decline the ex.
imitation in religious knowledge, including six at
Trinidad, where, in the government school, religious know- !
ledge does not form one of the authorised subjecta of educe-
tion. In the year 1863 the number of senior candidates
was 115, and of junior candidates 511, making. is all 629,
and of these 16 dectioed the examination in religious know.
ledge, including the 10 candidates at Trinidad. The fol-
lowing are the names of the centres at which the examina-
tion will be held :—Barnstaple Brighton. Bristol, Cam-
bridge, Exeter, Hastings, Leeds, Liverpool, London, Lot-
terworth, Northampton, Norwich, Plymouth, Sheffield,
Southampton, Torquay, Trinidad, Welt Buckland, Wind-
sor. and Wolverhampton.—Carnbridor Independent,
LITERARY AND SCIENTIFIC MEETINGS FOR THIS
ENsCING WEEK. —Monday : Royal Academy, 8, "Ant-
lorry," Professor Partridge ; Geographical, 8. " Islands of
Kalatoa and Paloweb, Malay Archipelago," Mr. Cameron ;
" Expedition to West Coast of Otago, New Zealand," Dv,
Hector ; " Journey along West Coast of Middle Island,
New Zealand," Mr. Walker. Tuesday : Actuaries, 4i,
Council ; Syro-Egyptian, 7i, " Ground Plan of the Temple,
Jerusalem," Mr. Sharpe ; Ethnological, 8, " Remains of
Stone Period from Coachman," Mr. Laing ; " Human Re-
mains, collected by Mr. Laing," Professor Huxley ;
"Flint Instruments, Salisbury Hill, near Bath." Mr.
Evans ; Engineers, 8, " River Tees," Mr. Taylor ;
Zoological, 9, " Dinornia," Professor Owen • "
rectors of New Crustaceans from British Columbia," Mr.
Spence Bates. Wednesday : Society of Arts, 8 ; Micro.
seopical, 8, " Most Advantageous Means of Illuminating
Objects under the Microscope;" Graphic, 8; Archaeolo-
gical Association, Si, "Discovery of Roman Brine•Pana,
Northwich," Dr. Kendrick; "Sepulchral Crosses in Here-
fordshire," Mr. Blashill. Thursday: Numismatic, 7; Lin-
net% 8, "Tastsaily of Tropical Africa," Dr. Kirk ; "Aria.
tolochia Hydnora and Apodanthes," Dr. Hooker; "Two
Forms of Eriophorum angustifolium," Dr. Dickie ; " Local-
huhu* from Angola," " Plants collected in Japan," Ire.,
Professor Oliver; Chemical, 8, "Action of Ammonia oe
Solpho•chloride of Phosphorus," Messrs. Gladstoee and
Holmes; "Chemical Nomenclature and Notation," Pro.
feasor Williamson ; Royal, tij ; Antiquaries, 81. Friday :
Philological, NT,Ath(o,rl2!. . .

T'Ax REPEAL MEETING.—A private meeting
of the committee was held at the Bridge House Hotel,
London, on Tuesday Let, when it was resolved to invite
the attendance of agriculturist.s and others interested at the
Freemasons' Tavern, at 2 o'clock on the Tuesday previous
to the meeting of parliament, for the purpose of ioauguratieg
active proceedings during the next session.—Surrey
St.t.,4ant.
31st. W. S. LINDSAY, M.P.—We regret to an-
nounce that Mr. Lindsay wee seized on Thursday with
sudden sod alarming illness, arid that up to the present
time there has been no reported improvement in the con-
dition of the hon. gentleman.—Shipping Gaatte.
GENERAL SHERMAN'n EXPEDITION. —lt would
not be surprising to hear of some new attempt of Grant
against the enemy's lines, in order to prevent Lee seeding •
man to help his lieutenant, and if Early is not able to
drive Sheridan across the Potomac he will probably be
milled back from the Shenandoah Valley. In • word, the
winter campaign promisee to be most interesting and very
important, but as yet it is impossible to discover the full
extent of the fume. Sherman is a bold player, and soon
will leave us in little doubt es to his objects. If he be ono-
camful in bisecting the States which lie between the Mimes-
sippi and Charleston, he will do much to reduce the Coles-
, dente. to the worst straits they have nese known, sad will
at the MIN time prows the truth of the opinion expressed
by some people long ego that the armour of the Confederacy
covered • very soft interior.—Army and Nary Gansu.
Sir Gardner Wilkinson has recently presented
his valuable collection of Egyptian and other antiquities to
Harrow School, where he was himself sdocotodia early life.

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF EXCHEQUER.

Sittings at Nisi Prias at Gaildhall.—(Before Mr. Baron
Nadia and a Special Jury.)
Eutaw V. JOIRB.

This was an action for the breech of contract to furnish
• freight for a venal.
The Solicitor-General and Mr. T. Jones were counsel for
the plaintiffs ; and Mr. Hawkins, Q.C., Mr. Mellish, Q.C.,
and Sir George Holtman for the defendants.
The plaintiffs, Messrs. Mists, were merchants in Lon-
doe, and Messrs. Torn and North, the def.odants, were
also merchants, carrying on business at Leeds. The case
for the plaintiffs, as opined by the Solicitor-General, was
that in March, 1862, Mr. June called upon Mr. Ellison and
rid be was in want of a vessel to take some Manchester
goods to Charleston—in short, to nut the blockade. Me.
Math knew that a Mr. Lafone, of Liverpool, had a
steamer called the Tubal Cain. which be thought
would answer his purpose, and he made arrange.
moots with him for the conveyance of goods to the
amount required by the defendants. A long correspondence
by letters and telegrams ensued between the plaintiffs and
defendants, the result of which was that the defendant,
agreed to send 200 or 250 tons of Manchester goods
to Charleston by the Tubed Cain, and pay 1:d.
per ton. Subsequently they refused to carry out
the arrangement ostensibly bemuse the vessel was
not of the tonnage which they alleged the plaintiffs bad
represented, but really because they had found they could
get freight at a cheaper rate. There had been a plea of
illegality of the tranaction, bat it had been withdrawn,
and the case presented no complication or difficulty in that
respect.
Mr. Baron Martin mid that having looked at the conc.
snondence be thought there was a contract, but his impres.
mon was that the jar/ could only give nominal damages,
because the contract was an illegal one directly opposed to
the Queen's proclamation, and having a direct tendency to
involve the country in war.
The SolicitorGenersl-11 there had been a plea of inns.
lity that difficulty might wise.
Mr. Baron Martin—What I suggest is that you should
take the opinion of the court as to whether there is a con-
tract; and if they think there is, thin that they should
appoint an arbitrator to areas the damages on such principle
as they may direct.
The Solicitor General—l shall advise my client to agree
to that.
Mr. Baron Martin—l don't think tint a person bringing
an action upon an illegal contract of this nature can recover
Thosaps.e Solicitor-General—Allow me to say • word upon
that point. I am the last man to stand up for a contract
having the tendency your lordship steins. (Laughter.)
Mr. Baron Martin—The Queen, for the good of the state,
and, if possible, to keep the country out of war, issued
• proclamation, ordering in the most direct terms that this
shall not be done. . . . . .

Mr:'lirwkTnsLWe are quite prepared to go into the hoc
and criminate ourselves, and be cross-examined by the
Solicitor-General. (Laughter.)
Mr. Baron Martin—l think the mune I suggest would
do justice to all the parties and ease expense.
The Solicitor-General again reminded his lordship th►t
the plea of illegality had been withdrawn.
Mr. Baron Martin—But neither that nor the fact of the
parties choosing to treat the transaction as a matter of
honour will blind me or the court above as to the nature
of the contract.

The Solicitor-General—Mr. Justice Willem took an oppo.
site view of the matter to your lordship.
Mr. Baron Martin—There is no judge for whose opinion
I have • greater respect, but upon this point I must have a
judgment of my own. I cannot think that • jury would
give damages for the breach of a contract which is against
the Queen's proclamation for the general good of the com-
munity.
The Solicitor-General—l believe that the Court of
Common Pima confirmed the decision of Mr. J ustice
The learned counsel then stated that in consequenoe of the
defendants not performing their contract, Mr. Lafone,
the owner of the Tubal Cain, brought an action
against the present plaintiffs for this breach of
faith. It wee tried before Mr. Justice Willes at
Liverpool. Mr. Ellison was advised to set up every
poseible defence. and among other pleas there was one of
illegalit ; but Mr. Justice Wilke held that it was not a good
one, and the remit was that Mr. Lamm obtained a verdict
for 1,1385/. The Tubal Cain was captured in running the black.
ade ; but that did not signify, as evidence was given at the
trial to prove that. It was the custom at Liverpool and
London, in this trade, that where the freight was not
expressly made payable until the conclusion of the voyage,
the freight was earned the moment the vessel started.
Mr. Baron Martin said he
before. . . . . .

The Solicitor-General—l will call the foreman of the jury
who gave the 1.88.51. damages, and whom Mr. Mellish, who
appeared for Mr. Worm, addressed with so much effect. I
will also call Mr. George Gladstone.
Mr. Mellish—The jury cut down the damages by one-
half. Mr. Justice Willem said the damages ought to have
been double the amount.
The Solicitor-General—With regard to the question of
damages I may state that my client, in addition to the
1,5001., had paid lin/. for the coats of Mr. Lame, and 961.
for his own attorney's costa, and then he has lost all the
profits of the voyage. We say that he ought to recover as
much es 2,7071.. or upon another principle of calculation,
3,707/. In conclusion, the learned counsel said that this
was one of the hardest cuss which was ever brought before
a court of justice.
Mr. Baron Martin—l do not think there is any hardship
if the party agrees to take the risk of running the blockade.
Mr. Ellison, one of the plaintiffs, who spoke with a
foreign accent, said that in March, 1862, Mr. Joins called
upon him, and said he was going to Paris to settle with
some gentlemen about an expedition to the Confederate
States, and that he wanted a ship to take some goods
to Charleston. lie asked if he (the plaintiff)
knew of any ship, and be replied that Mr.
Lafooe had a ship for which he wanted goods. He
asked witness to make inquiries, and then followed the cor-
respondence which had been read. He stated that mimes.
isg the defendants had performed the contract if they
shipped 200 tons, he would have received for freight 3,00 Y.,
and if they shipped 230 tons, 3,7001.
After some discussion between the parties, it was ulti-
mately agreed that a verdict should be entered for the
plaintiff, damages, 2,7071. fa. 10d., subject to a special
case to be stated for the opinion of the court above.
Mr. Baron Martin said it was worthy of observation that
in this transactioo, which bad a direct tendency to involve
this country in a war with the United States, not a tingle
English name appeared except Beach, and the person who
bore that name was the consignee of the goods in the South.
ern States and probably he was an AMR usu.
Mr. Hawkins—He is a Southerner.
Mr. Baron Martin—Much blame is cast upon the English
government in respect of these transactions, which it is
almost utterly impossible for them to stop. This truisa
got is conducted entirely by foreigners in this cotuitry,
not a single Englishman having anything to di
with it. Very likely that is the history of most ethers of
the same kind. They come over here, and while enjoying
the freedom of this country engage in transactions which
have a direct tendency to involve us in war.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordiesry.)
STONE r. STONE AND APPLETO.V.--elta HEARD:

The Queen's Advocate and Mr. Lopez for the petitioner;
Mr. Coleridge, Q.C., Dr. Spinks cad Mr. Searle for the
respondent. The co-respondent did not appear—the suit
having been began while be was absent from the country,
sad the Judge Ordinary having afterwards refused to let
him appear unbar he gays security for the costs.
This morning the examination of witnesses for the peti.
tioner was resumed.
Mary Edwards—l was lately reaidiog at Budleigh Salter•
ton. next door to tkaptain Stove's. Mr. Appleton wee my
medical attendant. In 1860 he was constantly visiting Mrs.
Stone. He went there two or three times a week or oftener.
In the early part of 1861 he saw her every day, and his
visits lasted an hour or more. They continued till
he left Budleigh. He visited at the house
whether there was any illness in the house or
not. I knew that there was no illness because I inquired
at the house. I did not ask Mrs. Stone because she was
W. (Laughter.)
Cross-examined—l cannot recollect whether the CO",
spondeut paid visite to Mrs. Stone in April ' • but he left
Budleigh in that month. I cannot recollect if he visited her
up to the time of his leaving. 1 first gave my evidence lest
moth.
Re-examined—Mrs. Stone made a sort of apology for the
frequency of Mr. Appleton's visite; she said he came to look
after the health of the children.
Mrs. Harriet Baker—l am the wife of Mr. Charles Dean
Baker. We resided at Budleigh Saltation in ;
made the acquaintance of Captain and Mrs. Stone. In t`..9
we went to Canada, sad returned to Budleigh in .Canaan,
1860. In February, lotd, she spoke to rue of Mr. Appleton's
great care and kindness towards her while attending her in
illness at that time. After the 9th of March she
was much better. She dined with us on Easter Sunday, the
31st of March. She complained to me about that time of
a letter she had received from her aunt about Mr. Wolter-
Sbeshowed me the answer she had writtli, and 11.4 rd
her not to send it because I thought she bad token IT the
matter too warmly. She wrote, in conarepieoce of nit
suggestion, another reply. Mr. Appleton dictated it to her.
in tact he made a draft of it in pencil ; hot he said it roust
not be known that he had anything to do with it. I leers'
i her to be less warm towards her aunt who had been r‘ces-
, giver kind to her. I know the respondent's aunt Chartau,
who resides at Taunton. Mee. Stone paid her a visit on tie
Bth of April. I had seen her nearly every day for a week
previous. The day otter she sent the sower
she showed me another letter, which my boatload and I
recommended bee not to send. She destroyed it sue'
began soother. She wee very delicate when she went to
My hothead bad received a letter enclosing toTaunice, When Captain Stone returned I went to see her.
her,
sad my husband requested me to go aod brook the
sews se gently se possible. I saw her in I`4
o.
She seemed very mach affected. This was
a Sunday morning ; and soots after service had
commenced Mr. Appleton Mlle. I was going away, but she
ragweed sae to stay till she bad told him. She said th"

,tand war coming home ill, and she read him a
t!.e letter. He said very little ; but he seemed
'I h., stayed about a gustier of an hour. Heft then
;• to the children. Kr. Appleton left Endleigh •
• .Loci alter this. The day 'Ault was known that he
. came to sue me. She said it was very extra-
that should have gone away in that manner,
se must be a very bad man to have left his wife
'.reo in that way. She said it made her very
think how much she had been thrown in
~r. I hardly understood her. She said
,„,I particularly to the time of her severe Meese in
.rt. mid that on one occasion while he was attending
tad swooned from pain, and it frightened her to
shat had occurred. I thought it wan very dreadful,
i',•etod her. I told bar that it must be only a nervous
she had got into her head. In August
.eetioned to me her approaching confinement,
I.er that I was very sorry to see her condition.
.. sea., pic-nic on the 3rd of August, sad I cautioned
•114 lifting forma nod doing too much. I last saw her
week of December. 1 had goo, to inquire after
:•01,1 boy, who was very ill. She once showed me •
which she said she found so difficult to apply that
man was obliged to put it on for her. She
t,. be living in comfortable circumstances. She
mptunts ; and when she went to Taunton she
ivy charge.
• .i.es untied— My husband and I were on very inti-
with Captain Stone. He need to call me
• and when he came back from India he kissed
were like us brother and sister. My husband used
• :l Sirs. Stoat " Natty." What Mrs. Stone came
on the 31st of March, she walked from
It was about that time that her correspondence
, • with her aunt. While she was talking to me
:otter she had written, Mr. Appleton came in. I
.•. the subject related to something she was sup.
• Lire said against Mr. Walker. I have never been
;a an action for libel, and therefore doo't know
g •••41zrreable that position is. She said nothing about
• taro Mr. Appleton came in she told him all about it,
.real her what to say. At my suggestion she after.
iienedsome of the ex pressices that were made use of.
disappearance made a great deal of talk in
, • He bad left a wife and five or Aix children
~r; believed to be unprovided for. Mrs Stone at
though Ilable to get about, was in delicate health.
i.:7 -..red from great pain and weakness ; and after
she had to tike strong stimulant medicines.
,iiiined—Mrs. Stone called my husband by his
wawa. and she also taught her children to call us
:,..:Yan" and " Aunt Harry."
Baker—l was present when Captain Stone first
,air after his return from India. She received him
very coldly. The Edwardses had wine out to
e him, and she remained behind to speak to
About a week after Mr. Appleton's de-
I called on Mre. Stone. She told me
ors frightened to think how much she had been
• with him ; that she did not know what might have
• . and that he most be a very did man to leave
ii•id family as be had done. I said, " You were
tisr care of yourself," and stopped the conversation.
of December, 1861, I went with Captain Stone
• ar ; sod we found there Mr. Bragg and
• • Mrs. Stone's brothor.ia-law. She was
....-onference with them, and Mr. Bragg had writing
:• before him. Captain Stone held out his hand to
:hey refused to take it. Mr. Bragg asked Mrs.
• . 'rave the room. which she did, but she returned
• : ,•:errards. Mr. Bragg in very boisterous and violent
- . • :,:ailed that Capt. Stone had not behaved well to his
. was in fact a very angry altercation. Mr. Bragg
loirtaio Stacie's attention to the wan and sickly
. ...a wife, and said "Cannot, you forgive her?—she
. --. taken advantage of by her medical man under
• : rm. She's always been a good wife to you ;
'..rd you no uneasiocas." Captain Stone
bad bat great uneasiness from her conduct
r era in India. Mrs. Stone cried a great
i I asked her not to do so. She came over
• • mid, " You and Harry have been my beet friends
!•-11 Harry and Mrs. Henderson my suspicions of
4r. Bragg said he would have nothing to do with
•-. but that he would ruin Capt. Stone. Mr. Ste-
. • r. then rose in a great passion and abased Capt.
:i. There was a great deal of ang-ry talk cm the part of
!iz; and Mr. Stephenson, but Captain Stone took it in
• examined—l had gone up to the house to fetch a
• dinner. Captain Stone told me as a friend of
• .bla at the end of November or the begin-
. f December. I had not seen Mrs. Stone pre-
, ea the day of the meeting. I bad beard
• •..i
.rre were twe gentlemen at Captain Stooe's house,
1 .. went as • friend to support him. He bore the abuse
. :ly ; but he felt it a good dui He put his feet on
to show that he did not mind it ; but he did.
i• said that her conduct had caused him uneasiness
she did not fling herself on his neck and say,
that is the most cruel thing of all ; you don't
• au that!" I mutat say that she might not have
• • :etbizig of the sort ; but it was not at that time.
g herself on his neck when her wan look was
of. Mr. Pascoe, a friend of mine, being down for
-pose of getting up evidence, I suggested that Betsy
deposition should be taken. I paid her Se. a
she had lost places because she told her
I -wet she was expecting to be examined. She was just
. be confined just before the trial. On
s.y to London she slept one night at my home
• servant, who wits a friend of hers. We thought
.v
. then pregnant, but we said nothing about it. I
. ••0 espouses, but received money for that purpose
Pascoe, the solicitor in the case. I did not pay
it.er Wllliele.

7:e Iles. Richard Wayett—l am the curate of Budleigh
la December. 1661, I was present at a meeting
C.pt, and Mrs. Stone and Mr. Stephenson. Tbat
a the 15th, at Captain Stone's house. Mrs. Stone
a daring the interview. I said to her, " fhe thing
.;hers me in this business Is that after having ex.
Mr. Appleton of taking advantage of you. you should
- to employ him and be on friendly terms with
She came round to the side of the table where
..tueg, end told me her reasons. So far as I can
• .st them, they were that she did not know where else
and that Mr. Appleton understood her child's case.

weiataiatd—l 12;41 been asked by Captain Stone to
'.. Captain Stone bad milled on me a few weeks

0.41 me about the charge. I stmgoeed
• Mr. Stephenson had 00020 over to see if the matter
. 1 not be arranged. It did tot °emir to me that the pre-
of &stranger might prevent such at arrangement being
to. I thought that my presence might pre-
: any outbreak of aogry feeling. There was, however,
1 deal of anger. Mr. Stephenson might have said
.

•- •.: oat a mesa-and cruel thing to makoiueh a charge
wife without telliag her what evidence he bad

• •.. p.rt it ; but they talked :o loudly that I harEy 117-
7,.. -1 what they did say. IA laugh.) My impression is
iroething of the kind warn said. I believed that one of
- • ..:•ads chitilres had been very ill. She appeared eery
.: . Ito Ler children, and to be very fond of them.
- • -; ue dal not seem to be math excited. She was not
but she occasionally spoke.
...ad Christopher N.,rtLrote—l resided at Exeter in
IN;1. I was for sometime a pupil at the Bristol
+rc.
1 was afterwards assistant to a hoodoo surgeon
" months. In December, 1861. Mr. Stephenson and
lint; came to my house with a friend of mine
! l',..herte, and asked if he could accommodate
.• for a short time? She aims with a servant the
_ ,re ('hristmsa•day. About 4 o'clock in the morning
I of January I was called into Mrs. Stone's room.
•: al that she had just been delivered. I rendered
• n.e assistance, and then fetched Mr. Webb.

take coy particular notice of the child ;
. ,uld bare coo•idered it of meters growth.
•• .• palified practitioner, and I was not thinking
tau or was not a full-grown infant. Mrs. Ste-
:. oh:1.1 on the 4th and saw Mrs. Stone.
~.,I..cuined-1 have studied medicioe, but my health
- • atd I never passed. Mr position now is that of a
,L %. laugh.)
case wa proceeding when our report left.]
THE POLICE COURTS.

(THIS DAY.)

MARLBOROUGH-STREET.
Ay!) ENTIIRING A DISTILLIS.S MEIOSES.

' ••• employ of Mr.
c. of the Old Funival's Distillery, as porter at
iu lteput.street, wee charged before Mr.
%:;!. breaking and entering the premises of his
.n I:e.;entetreet, and stealing about 4/. 9..
!, tiro...a, *errant to Mr. Brett, said—Tester-
.. :rout 7 o'clock. while in the kitchen, writing.
overhead. and on going upstairs found a
Into the shop brakes in. I spoke to the
tney got through the aperture. I then left
' to acquaint my master, leaving
,harzv of the place. The panel was a little
re .44 I believe it had previously bees
The prisoner is the porter. but does not
• premises. '.Vhen I came back from Ken.

; r!, •n-r was in custody of the Police.
• ! 336 A—On being called yesterday ereeing
1:-.,nt.street. 1 founds panel broken sulricieetly
; • I got inside and lit a candle and looked
and then seat the servant for the propri•-
• I reniairied quiet, and bearing a noise
I then called in another cone:able, went
and on opening a cupboard-door I
; ,iw...er crouched on his hands sled knees. I
asked him what be was doing there,
' • -r. • d that some men outside had told ham to
-I e place. On searching him I found a half
. f ..r shilling', end a penny is hie pockets. I
into the shop and remained tit. the mansger
• the manager then found tbata desk bad been
•• . and some money taken from it. On asking
••', where it was, he said " In No. 3 bin."
• Horses, C.—Prisoner told me he bad got
. • F. 04., sod that some fellows bad asked him to
• . Min that he knew the place. 150 asking
eew the persons he sold he did not. (to the pri-
. • :the money was in "No. 3 bin," I went to the
-34 r, end removed some bottles and sawdust,

piece, of paper 41. 9e. al. Ind the
.'I.I that was the money be had taken from the

Chesterton, mAnager of the Regent-street