Northern Times.
Liverpool, Merseyside, England, 1857-10-29 00:00:00

THE N ORTIIERN TIMES.=-LIVERPOOL, THURSDAY, QCTOBEII 29, 1857

very great, and I doubt if 10 inch mortars c nll even
reach some parts of it

BENARES.
Dates are to the 17 h September. A regiment of
Gow-khas arrivad there the former day with treasures
from Tuanpore, and they would take back guns with them.
It is found to be no easy matter to enforce the order to
European women and children to leave these parts. At
aChunar there are some hundreds of women, some of whcm
bre old, blind, infirm, who will only be put on board
teamers by force ; and whe, e are they to go on are val in
Calcutta? Who is to maintain them ? It is all very
well for civilians and military men in staff employ
to keno their wives in Calcutta, while they live here; but
how is a clerk, whose pay is 50 re. a month, to maintain
his wife iu Calcutta Many such men have no friends
there ; where are their unfortunate wives to go to ? The
government should not only provide for a passage down,
which is a simple and easy enough matter, but shouli, in
all fairness and humanity, maintain the families of all
persons who are unable to maintain two estab-
lishments. On the 4th, six hundred men, in-
cluding Eyre's battery, marched fJr Cawnpore,
and on the following day, or the day after, six hundred
more men, under Sir J. Oatram, left. The whole are to
be at Cawnpole to-morrow, and we hope at Lucknow by
the 15th at la`est. Lis believed that there is no intention
to r tain Lucknow, bat as soon as the women and children
and treasure are safely out of it, to leave the place, and
employ our troops in the North West. Major Haliburton's
company of Highlanders left a few days ago for Allahabad,
and must have just been in time to go with Sir J. Outram.
The river is again rising, but it witrnot probably again
attain the enormous height it reached a fortnight ago,
when considerable portions of the road to Rajghat were
two feet under the water.

down to the 30. h, our least date from that place ; but we
have felt it to be but prudent that measures should be
taken fir our protection here, and accordingly we have
formed ourselves into a Vuluntear Corps, which, nearly all
at the station, including the Chaplain and Missionary,
have j )ined."

CENTRAL CRIMINAL COURT.

MONDAY.
The October session of the Central Criminal Court was
opened on Monday morning More the Right Hon. the Lord
Mayor, the Reco der, Alderman Hale, Alderman Lawrence,
and Mr. Allen, the newly-appointed Sheriffs, Messrs. Millard
and Parker, Under-Sheriffs, bee.
The first edition of the calendar contains the names of 155
prisoners.
The Recorder, in his charge to the grand jury, said that
although there had been a longer period than usual since the
court was last assembled, that was not sufficient to account for
the number of prisoners that ware contained in the calendar,
and he was also sorry to say that not only in respect of number
but also with regard to the gravity of the charges contained in
it, the calendar of the present session was unusually heavy.
There were no less than five charges of murder and two of
manslaughter, together with a number of other serious cases.
The first case of murder before hint was that of a woman
named Bridget Ravennah, who was charged with destroying
her child by administering some narcotic poison to it, and it
would seem that the prisoner was proved to have purchased
laudanum and to have administered something to the child
from a bottle, and that death appeared to have been undouet-
edly occasioned by laudanum ; and if these facts should be
made out to their satisfaction, he apprehended they would feel
it to be their duty to return a true bill for murder. His
lordship then referred to the other charges of murder, and said
that in one cf the cases, in which a woman named Maria Clerk
was charged with the murder of her child by drowning it,
there might be a question whether the prisoner was in such a
sta'e of mind at the time as to render her criminally responsible.
The grand jury, however, was not the proper tribunal to take
that subject into consideration, and it appeared to him that if
the frets were laid before them, as they appeared in the
depositions-, it would be their duty to find true bills ire all the
cases. The only remaining else to which he considered it
necessary to allude, was a charge of misdemeanour agaiest a
per on named Thomas Pint Fto-e, who was charged under the
statute of the 6th and 7.h Victoria, with having, during the
progress of the last election for the offire of Lord Mayans in
the city, endeavoured to extort money by a threat of publishing
a certain printed paper, with intent to ob•ain money from the
gentleman who was d sirous of being elected to the office.
His lordship then called their attention to the terms of the
statute, and said that before the grand jury would be justified
in find ng a true bill against rho defendant, they must be
satisfied that his o',ject was to extort money or to procure
some effi'ee, and if they should thiule that he was merely
actuated lay a feeling of disappointment and revenge at not
obtaining the office of agent at the election,• that would not
amount to the offence comternplated by the statute, and they
ought to ignore the bill.
The grand jury then retired, and the court proceeded to
dispose of the'husiness of the orrsion.
~LLEGED CILUZLTY AT SEA.—Mr. Yelmson William
Doyle, the master of the chip John Sugars, surrendered to
take his trial, upon an indictment which charged him with a
series of aggravated assaults uporeßehert Bastwick, an appren-
tice on board tho same vessel. Mr. Bodkin, Mr. Clark, and
Mr. POand conducted the proseetztion, on behalf, of the Board
of Trade. Mr. Sergetanit Parry was specially retained, with
Mr. Lawrence and Mr. F. K Lewis, for the defendant.
Bodkin- having brieflk opened the case, several witnesses were
examined on behalf of the prosecution., two or three cf whom
were neeroes, and one an Austrian seaman, and from their
'evidence it appeared that the John Sugars sailed from Hartle-
pool on a-voyage to Ceylon, in the month of May, 1856 and
that the &ceased, who was a la-I fifteerryears old, was ono of
the apprentices, and acted as cabin-botes on board the vessel.
According to the evidence of the witnesses, very soon after the
'vessel sailed, the defendant assaulted the lad with very great
violence, and that he else 'compelled him to walk about the
decleat night with a heavy capstan bar in his Jrnd, carried as
a gun, and deprived him, by this ineatree of his rest. It also
appeared than on the 18th of August an alarm was given that
they boy Bee:wick was overboad, and he was drowned, Led -his
,body was never recovers!. This not appeaeingon the log-took,
coupled with the omission ofAny statement that means were
taken to save the boy, it appeared had led to the present prose-
cution being instituted. These witnesses were subjected to a
very searchingersess-examinetton by Sergeant Parry, and it ap-
peared evic'ent from the answers given by sonneof them that there
was a good deal of ill-feeling against the defendant on board the
vessel, and it appeared that when she arrivedat Point de Gallo
complaints water made of their conduct, on 4: one or two, of
them were imprisoned, and they afterwards deserted from the
John Sugars, and-one of them also aanitted (het he had deserted
from another vessel, called the Tamar. It ales" appeared that
they had threatened that they would duck the defendant, and-
that there had been disputes between them upon the subject of
the wages due to them, and she defendant wee summoned. '
before a magistrate. It was likewise admitted-that at the time
the poor lad fell overbo!rd he was engaged in cleaning the
cabin, and that he had to get water in a bucket from the ride
of the ship, and that he might, have fallen overboard from'
accident while so engaged. It alto appeared that the moment
the alarm was given the ship was put about and kept near the
spot for more thare•an hour, and that the defendant had a life--
'buoy in his hand, but as the body-of the lad was' never seen et-
was, of course, use-less to throw it into the water. Mr. Serjeant
Parer, in the course of a very able speech to the,jury, called
their attention to the fact that thocrew of the vessel was com—
posed partly of negroes and foreigners, who were evidently
Actuated by Yin ictive feelings towards the defendant, and be
said that his instructions were that-there was no foundation for-
the charge against the defendant, and that it had-been trumped
up, by the witnesses for their own purposes. Three or fear
witnes-es were called for the defence) and some-of them eon—
tradicted the evidence given for the prosecution as to what
occurred upon the occasion when the assaults were alleged'
to bavo been committed.. The defendant also received a good
Character for humanity and kindness of disposition from several`
witnesses, ; one of them, a merchant ship-cap air, named -Scott
who said it was a very corm:sari- punishment inflicted upon ap-
,
prentices on board ship to make them carry a capstan-for twoor
three hours, and that it hail often been isfi c ed upon himself,
and that he would rather have had the rope's end. (A
laugh ) The reason for this was, Ire said,. that it was over
sooner. (Renewed laughter.)': The Recorder then summed
up, and the jury,,after a short deliberation, found-the defendant
guilty upon the third count in the indictment,„ which charged
him with having.comenitted a common assault. Tho Recorder
having directed the defendant to be pl seed- in the dock, pro-
c{ eded to piss sentence upon him, and, in so doing, lie observed
that it was of course, very necessary that discipline she:Rid be
preserved on board shipeand the Court would be very sorry to
do anything that was likely to interfere withahe authority of
the earnmander,of, a vessel, but, at the same time, it should be
known that every boy or other person engaged on board ship
was under the protection of the law, and that every excess of
authority would meet with punishment. He was grettified to
find that the new statute, which directed that the log of every
vessel, upon its arrivaleshou'd he submitted to the examination
of a competent officer,_ who had thus anopportunity of causing
inquiry to.be wade into the circumstances connected wilt any
act of personal violence that appeared to.have been committed
on boarkeither by the captain or any other officer, was very
likely to,havo a very salutary effect, and- he- hoped that the
present prosecution would tend to make its provisions mere
extensively crcu,lated. It should, be known by all persons in
the poeitionrof the defendant that every ace of violence was
enre to be inqurecl in•o, at whatever distance from the shores
of the country it might have been committed. In the present
case it appeared that in a moment of excitement he ha 1 assaulted
this unfortunate boy in a very violent maener, and if the joy
had convicted him upon any other more serious counts ia, the
indictment, he should eermin:y have inflicted a much more

actions sentence than the oac he•was about to pronounu. The
jury had convic.ed him of one assault on'y, but there was too
much reason to suppose that this unfortunate boy had suffered
a series of acts of violence at his bands, and there was also
etnisidera.ble ground for believing lb it ha had been driven to
the act of self-desttnctian to escape from the violence to which
he had bean subjected. He then sentenced the de6telant to
be imprisoned in Neutga.te for three months,

TUINDAT.
(NEFORE THE RECORDER.)
THE CHARGE OP LIBEL UPON ONE OF THE DIRECTORS OF

TIIS SMIARINE TELYGRAPII COMedfir•
Thomas Diamond Evans and Henry Thorn surrendered to
their hail, charged with a misdemeanour in publishing on the Bth
• of August a certain libel reflecting on the character of the
lion. F. W. Cadogan, Vice-Chairman of the Submarine and
European Telegraph Company. In another count they were
charge f wi.h, having offered to prevent the publication of the
same ; and a further count for having conspired to injure the
character of Mr. Calog,an. The def!altint Evans, it will be
recollected, was formerly in the service of the company, and
the letter in ques ion was written and sent to the Times for
publication in answer to a letter from Sir J. Carmichael, the
chairman of the company, rela7ive to an Indian telegraph
message, denying, in the moat emphatic terms, that the
company had ever betrayed the trust reposed in them by the
public, or had ever tampered with, or delayed any message
entrusted Utthern fur transmission. Evans pleaded a justifica-
tion under Lord Campbell's Acr.
Mr. Sergeant Ballantiee, Mr. Bodkin, Mr. Giffin], and
Mr. Griffiths, prosecuted; Mr. Sergeant Parry defended
Evans; and Mr. Robineon defended Thorn.
M. Ballantine said that this was a charge of a somewhat
peculiar character, and involved circumstances that seldom
arose in a criminal court. The two defendants were charged
with having published a libel reflecting en the chat acter of
Mr. Cado,,;an, and beyond that they were charged with having
conspired to publish the libel with a view of extorting money,
or of abstaining from doing it, also with a view of obtaining
money. To those charges Evans and Thorn had pleaded not
guilty; and in addition Evans had ph aded a justification, viz ,
that his statewet is were true, rnd were published with a view
to the public interest, and not from private or malignant
motives. The jury would have to deeide first, whether the
letter in question was a libel, and whether Evans justification
had been made out ; furthermore they would have to determine
whether or not the libel was po,bli3lied bona fide, and for the

benefit of the public, or for the purpose of extortion. The
defendant, Evans, was formerly in the Company's service.
The defendant, Thorn, was only known to them as Captain
Thorn, of the Prince's Club, Leicester-square. The learned
counsel then referred to the circumeances connected with the
libel, ehich arose out of a telegraph despatch forwarded from
India in August last, which caused much excitement at the
time in political and commercial circles, especially in relation
to the funds. The learned Sergeant then rea I the following
letter comprising the libel :
"TO THE EDITOR. OF THE TIMES,
" Sir,—l beg to say I was superintendent of th' instrument
room of the Submarine Telegraph Company from November
1852 to 1854, when I resigned ; that dieing the above period
one of the directors of the company—the Hon. F. W. Cado.
gan—was in the habit of visiting the instrument room, and
waiting in the hoard room daily—say, from three to four o'clock,
and I had special instructions from him to send up all messages
of importance, and as a consequence, I can mention ono from
Lord Stratford de Radcliffe to Lord C arendon, dated Constan-
tinople, Dec. 3, received via Brussels, when, within half-an
hour after the message had been seen by the Hon. F. W. Cado-
gan the funds fell Q per cent. Mr. Cadogan suddenly quitted
the office, and almost directly afterwards we received a message
from Edenheim, London, to Jacquemar, Paris, touching the
particular fall. There could, I assure you, be no possibility of
these parties having obtained information, only through us, and
lam passitive that no clerk quitted the offices. That the
Iron. F. W. Cadogan frequently looks at the contents of the
forwarded and received continental messages. At that time
the Hon. F. W. Cadogan gave instructions to forward news to
his private residence, and on one occasion I recollect the con-
tents of the Indian telegraph, received per Austrian Lloyds,
addressed to the Times, being forwarded to Mr. Cadogan.
Another time I forwarded a despatch to Mr. Seymour Clark,
by order of Mr. Cadogan. Again, on arrival of important con-
tinental news, there occurred a rise or fall in the funds for the
moment, and the result was that about noon a rush was made
to the office by the fist stockbrokers of the day. Mr. Cadoga❑
being in the instrument ramie, said to me, ' are you busy I
replied in the affirmative, when Mr. Cadogan took up the pack
of messages (25 in number) which was lying by my side, and
taking out from near the bottom of the parcel a message from
Rothschild of London to Rothschild of Paris, placed it on the
top of the pile, and requested ins to give precedence to it. I
told him that all the messages were sent out in the order they
were received, and to alter the arrangement was doing the
public a great injustice. He desired me to do- so,-and I obeyed.
This can be prayed by the film of messages, at on the original
message will bo found a note of mine, made at the time, in
ink. I have not stated a single fact which lam not able to prove
by the officers or servants of the company, and by reference to
Ray diary. I will content myself with the foregoing: staternent,
vrhieh you will, no doubt, see completely answers the paragraph
in Sir-J. Carmichaera letter, and will, also, prove to the chair-
man and directors of the company, and to the public; that you
do not hazard opMions based on rumours.
(S gned) "T. D. E TANS "
The- learned Serjeant, having alluded to some other facts
said that although the Hen. Mr. Cadogin- might, if he had so
chosen, have avoided being examined upon the allegations
contained-in the libel, he would not do so ;he entirely denied
the allegetions, and courted the fullest inquiry.
Samuel- Trigg, wine merchant, Mark-lane—l- know the
defendant Evans, aed also the directors of the company.
About the 4 h of August I met the defendant Evans, who
asked me if, I had seen the letter in the Times from Sir J.
Carmichael, and said he was going to see Mr. Sampson, of
the Times, an! that he was going to answer it. I met, him
again upon the Bth at the• iilackwall Railway station, and
said, " I have not seen that letter of yours in the Times ;"
and ho said he was gong to see Mr. Sampson about it, to
know if it required any alteration. He added that he had got
the letter in his-pocket. Witness took it and read it.
Cross-examined—Evans had said h had' been ill at
Gravesend Tha statement was made to me at a public
luncheon-room b Mark-lane. I had not seen Sir J. Car-
michaera letter.
lliarmaduke Blake Sampson, examined by Mr. Giffard.—
I manage the City eorrespondence-of the Timm- Upon the
sth August I saw the defendant EVans ; he said he had cause
to contradict a statement in the Times the previous day
which appeated in a letter from, Sir J. Carmichael. ffe.
stated that Ile had been in the service of the Company. Wit-
ness ariked whether lee had been discharged, and ho said ❑o,
and produced a testimonial from the Company. I told him he
must put what he had to say into a letter. Upo❑ July the 8.1)
Evans and Thorne called again and said he had prepared the
letter and that all it contained was true, an I under his own
knowledge. Witness 'ingested that some alterations shoal!
be made in the letter, and they were made in the defendant
Evans's own handwriting. From some remarks from Captain
Thorne, I thought he wished the respensibility of theletier
to fall upon the Timm
Cross-examined —I told Evans th t I could not deal with a
letter of seal importance without seeing Mr. Mowbray Morris,
the managertof the Times, at Printing-houae-square—Lhelieve
Evans had been in communication with Mr. Morris. Witness
hid never given orders that during Stock Exchange hours
tel.seaphic messages from the Cloatinent should- not be
delivered.

'• The Hon, F. W. Cadegen examined by Mr. Balldntine—
', Was one of the promoters of what is now the Submarine Tele-
' graph Compaq. The defendant Evans •was superintendent of
the room in, which the submarine messages weie received a❑d
despatched, but was discharged Borne time since. All govern-
. 'merit messages upon private matters are in •cipher— Witness
never interfered with the despatch of messages or directed one
•to be sent before auo.her. lie had neerecollection of the mss-
sage from Lord ,StratfordelOßedcliffe to Lord Clarendon. The
various allegations-in the libel were then put to the witness in
exarnination,,and in answer he generally:, denied the truth of
them. The only messages which he had sent privately to him
were some in reference to the killed and wounded in the
Crimea, his brother being engaged in that war. Many of these
messages did not arrive at his private house until after their
pub•ication in the usual course. He never sent a message to
Mr. Seymour• Clarke of the Great Nerthern Railway Company,
nor did he know him. He never gave the precedence to any
message but one, and that was not a business one_ On Satur-
day, the 8-h of August, he saw Captain borne at his (witness's)
house, 1,3 G, Piccadilly—(Thorne said he was a friend of the
defendant Evans, who was laid up with indisposition at Graves-
end) —on the subject of a letter that was to appear in the
Times, From circumstances that, had come into his mind, he
saw the defendant in the presence of Lady. Cadogan. Thorne
handedhim the leteer, and he read it out aloud, and then
handed it back to Thorne. Witness requested to have a copy,
and Thorne said he must leave to consult some friend first.
Ultimately he promised a copy. Miring the- interview Thorne
repeatedly said that he had heavy pecuniary, engagements with.
Evans and with gentlemen at that (: he west) end of Lonc:on,
and that it must be mauifestly to his (witness's) interest and
the interest of the company that the Latter should not appear.
He said the matter had been left entirely to him and he was
certain the letter would not be sent to the Times except through
hint. He then went away, and by arrangement same back at
nine o'clock, and after some objections obtained a copy,
Thorne brought on the subject of money neck and; heels,
Witness then communicated with the managars of the Times,
and put the matter into the hands of his solicitor. Thorne did
not state to him that ho had been sent by Evans. Re once or
twice requested that the interview should be private and
confidential, but witness purposely abstained from Leaking any
answer.

Cross-examined Sergeant Parry : He was, a director
of four other companies--the European Telegraph, Company
the Railway Signals Company, an association kr establishing
steam ferries on the Thames, and of a patent foe transporting
material to the army. Evans had the superintendence of the
instrument room, and witness was constantly in it. Ho should
thus have an opportunity of seeing the top message of each
pile, if he did not look further. (Laughter.. Frequently h
did ace others, and sometimes his attention was drawn to them.
The Government cipher was a co:lection of numerals, sad he
apprehended that no one knew them except the government
officers. As a question of degree, he sh mid say he wee more
in the instrument room than any other director, but he never
heard that there were comp'aints that he was too frequently
in the instrument room. He had gone into the instrument
room and+ looked at the file of received, and forwarded wessagea,
without saying anything to anyone, but he did not think he had
done so frequently. He had seen the messages as a super,
intendent or any other officer would. He constantly real the
messages. At certain hours of the day there were scarcely any
other messages than those between London and Paris with
regard to the purchase or sale of stock. He read those
messages amongst others. Once he authorised a message of
Rothschild's to hive precedence, but he did not know what
that message was. To the best of his belief it was destined
for some long distance. He had all Rothschild's messages that
had been seat through the company. [A long discussion here too
place in reference to the production of messages of Rothschild,
dated the 3rd and 4th of February, 1354, and they were
handed down to Sergeant Parry, with a view to ascertaining
whether they bore the mark alluded to in the libel. Such a
mark was not found, and it was then arranged that Sergeant
Parry should have an opportunity of inspecting ell messages
sent through the company on those days ] He gave precedence
to Rochschilds message, because he thought ho could do re
without injury to the public. Probably in this case he
personally handed the message to the superintendent. Ile did
not know over how many he gave that message precedence.
He did not know whether the chairman or di:actors knew that
he gave a message priority. On a second occasion, when the
chairman was present, another application for priority
on the pert of Rothschild was mad-, but the application
was refused, because it bud on it a quotation from the state
of the funds, and was not therefore to - be considered a
private message. Be (witness) knew a person named
Wollaston, but his belief was that he never in his presence
gave precedence to a message. [inn learned counsel
mentioned several cases, but the witness said he had not any idea
upon the subject.] He had never, after giving a message
privately, gone directly to a stockbroker's office. Ho had
been for many years past in the habit of speculating in shares
and in the fitllos, Ile Mien% have gone from the telegraph

office to his stockbroker's two or three times a day. He had
never gone direct from seeing the messages to his stockbroker's,
for the purpose of giving orders for purchases or sales. Ho did
not know that the Daily News had given instructions to its
correspondents not to send important, messages through the
Company during Stock Exchange hours. Baron Rothschild
had frequently complained of the detention of, his messages
beyond those of other people's, and lie (witness) may have gone
to the file to asc.,rtain at what time the message arrived. He
was very intiznatz with Baron Rothschild, bat he had never
sent any messages on to him to Gunner bury. On one occ,sion
(a Sunday) ho sent a boy with a note to Baron Rothschild, at
his house in Piccadilly, with directions that if he were not in
town it was to be forwarded to him at Gunnersbury. With
the exception of extracts from lists of killed and wounded, he
had never betrayed any message sent through the companYt
He had never betrayed any private message. The message to
Baton Rothschild on the Sunday was a private message, and
was forwarded by a telegraph-office boy because he had no ono
else to send. He gave precedence to Baron Rothschild's
message because it was to a distant part, and if it had not gone
then it would not have reached that night. It Wad not a com-
mercial message.
Lady Adela Cadogan corroborated the evidence of her
husband.

Mr. Mowbray Morris produced a letter left at the Times
office on the 10th of August. The letter was the libel
complained of. He had had communication with Mr.
Evans prior to that time with regard to the letter.
He had had occasion to complain of the use made of the Times
:telegraphs, and .7dr. Cadogan replied, taking the whole of the
responsibility on himself.
Evans distinctly stated that he had never given Thorne
authority to show the letter to Mr. Cadogan.
This was the case for the prosecution.
Mr. Serjeant Parry then proceeded to address the jury for
the defendant Evans. Ho said that the task that had
devolved mean him on the present occasion was one of no
ordinary character, and he could not perform it without
feelings of great anxiety and pain, in consequence of the very
peculiar character of the inquiry. His client had had the
boldness to put upon the record a plea of a very extraordinary
and minimal character, and one that was very difficult of
proving, and since the statute under which the indictment
was framed had become law. he believed thole were only three
instances in which mach a plea had been pleaded. It was une
doubtedly a vary bald step to take Loamy that charger of this
kind were true, but he hoped to be able to satisfy the jury by
the evidence ho should lay before them that the plea was an
honest pica, and the defendant had Daly stated that which was
perfectly true, and that ho was actuated. by no ocher motive
than to protect the public from what was undoubtedly a most
dangerous and unjustifiable proceeding on the part of any
person in the position of the prosecutor in this case. This
was a painful course for him to be compelled to take, but he
had no alternative. Mr. Cadogan was undoubtedly a person'
of high position ; he was a member of the bar, the son of a
peer, and most highly coanected ; and a man in such a posi--
lion must no doubt feel most acutely the consequences of an
adverse verdict on the present occasion ; but the jury must
not forgot, at the same time, that the coneeluences were-
equally as important to his client Mr. Erans, and ha
should be a traitor to his duty if he did not act up
to the instructions given to him; and produce the neces-
sary evidence to allow that the defendant had 'Taken
tho truth and that he was justified in' the course he had taken,
and there was not the aligatest pretence for charging him with
endeavouring to extost nosey by impresser means. He would
ask the jury, in the first place, to look at the position of the
prosecutor. By his ownshowing, ever since the year 1848 he
had been living by speculating in the funds and shame: (Ser-
geant Ballantine and Mr. Bodkin here both very eagerly
exclaimed " No, no.") He did not mean that he had
got his livinwexclusively by those means, but it was evident
that he had been engaged in, large speculations of that kind,
and it did not appear that he had any establishment of his own
but resided with his father. (!'he counsel for the prosecution
here made some exclamation of dissent.) He maintained that
fre was stating exactly what the evidence wee- upon the subject,
but he was not surprised that his learned friends did not feel
carite so comfortable upon this enbject as they would wish. (A
laugh.) Ho was sure the jury would not doubt for a moment
that the real parties in the present cause were Mr. Cadogan and
the defendant Evans, and that it was a farce to suppose that
the prosecution had been instituted for the purposes of justice.
If; as had been stated by his learned friend, Mr. Cadogan was
so very anxious that the whole truth should be told, why had he
instituted a criminal proceeding like this when he knew the mouth
of the defendant would be closed, and why had he not brought an
action for libel, when the def ndant could have been examined
upcn oath as w.ll as himself, and the jury would have decided
which of the two was speaking the truth ? By the course of
proceeding that Mr. Cadogan adopted, the mouth of the only
person' who was able to give the jury information was closed.
It vase true that Mr. Cadogan had to day told his own story, •
but the jury would observe that not one of his coalirectors had
bean•called to confirm• any portion of the evidence As to
the. charge of extorticn, it appeared to him that there was
not a • tithe of evidence-to show that Mr. Evans was any party
to what might, perhaps, hive been an act of indiscretion
on the part of Thorne, and as to. the delay ine making
the charge, it was clear that it was the letter of Sir
Jaime- Carmichael, which appeared in the Times;
thnt.had induced the defendant to come forward and • make the
statement in question. He was unwilling to say anything
harsher injurious of a gentleman in the position of Mr.
Cadogan, but he mint do his duty by his client, and he was
compelled to ask the jury to consider the probabilities of the
mite) and whether it was not. extremelp likely that a person •in
his position should have acted in. the manner represented by
the defendant. It might, perhaps, be said, that a gentleman in
the condition of life of Mr. Cadogan wits very unlikely to have
acted in such a manner ; but, unhappily, their eaperience
late- years taught them. that persons in the highest position
and supposed integrity, had committed frauds. of the
meet disgraceful character. Mr. Cadogan had no obvious
means of living. Tine, he. was the director of several' com—
panies, all, as it appeared, carried on tinder the same roof,
and this might be a very respectable occupation, but the-
jary must see that it was a position which placed him •in very
great temptation as the deptear chairman of a telegraph company..
It was a career followed by needy men. It was no use
blinking the ma ter,sand it was a career which sometimes led.'
to ruin, and sometimes undoubtedly also to great wealth, but
he had no hesitation in saying that it was not a- satisfaeory
thing to see the deputy chairman of a telegraph company
carrying on large speculations in funds and tharee, and that
it wee a position in which it was clear, to say the least of it,
he was liable to great temptation. Mr. Cadogan might
possibly have acted as the most honourable mans, but still his
career was that of. a needy speculative man ; and he would
put it to the jury whether any, man engaged in such proceed-
ings ought to have the entire control of a telegraph through
which messages-were continually passing which might have the
most important effect upon tt e speculations in which he was
engaged. The subject appeared to hint one of the greatest
possible importance, not only to the public but to the share-
holders in the company, and he could not halp•thinking that
very little confidence would bo placed: in a company
where the chairman was proved to have been in the con-
stant habit of, looking at all the important messages that
arrived, and that even. if Mr. Cadogan should succeed in
convicting. his client on the present occasion, he would
certainly not clear his character to the world, although he
might fancy he had- done so to his own, eyes. The learned
Sergeant then referred to the admission made by Mr.-
Cadogan that he had given priority to a message-
sent by. Baron Rothschild, and he said it was impossible
to doubt that his doing so was a great derelica•
tion of duty, and he reminded, them that when a
second similar application was made, when Sir James-
Carmichael was present, the permission was refused. The
prosecutor had also admitted that he had been in the habit of
looking at the messages sent by Baron Bothschild, which he
clearly has no right to do, and there could be very little
doubt that his object was to further his own speculations, for.
it was well known that many speculators would be glad to give,
a thousand pounds to know what course this firm was pura
suing in their stock operraions, and whether they were buying
or selling, as it might be the means of making a fortune in a.
day. The learned sergeant concluded a very eloquent and
able speech by stating that he should call witnesses to prove the
justification that had been pleaded by his client, and expressing
a confident op,nion that when the jury had heard the evidence
he should lay before them, they would say the, at all events,
there was so mush doubt in the matter that they would not be
justified in convicting the defendant upon the present charge.
Mr. Robinson also made an able address to the jury on
behalf of the other defendant, and he went weir a good many of
the topiesthat had been urged by Mr. Sergeant Parry. He con-
tended that, so far from there being any evidence that the•
detendaats intended to suppress the letter if they were paid to:
do so, the evidence proved the direct contrary ; and ho urged'
that it Thorne went to Mr, Cadogan on the Bth of August for
the purpose of extorting money, it was not very likely that
he would have permitted Lady Cadogan to be present, at the
interview.

Dr. Young, a physician, of Gravesend, was then called to
prove that, from the 4th to the sth of August, the defendant
Evans was ill at that place, and that ho kept his hed the greater
part of that time. At the cone'usion of the examination of
this witness, the trial was adjoui ned.

THE VERDICT.

By British and Irish Magnetic Teegraph.

Yesterday, this case was resumed, and the jury, after an
absence of an hour and a half, returned a verdic' of guilt/
against the defendants—Thomguil'y of attempting to
extort money, and Evans guilty of having acted in concert
with him. Tne jury found, further, that the libel was
not justified, the defendant (Evans) having failed to prove
the whole of the statements contained in it, When called
up for sentence, both defendants emphatically denied the;r,
guilt. The sentence of the Court was, that they sitcom!
eaoh be imprisoned and kept to hard labour for a period of
twelve calendar months.