The Sun.
London, England, 1852-11-08 00:00:00

TICE SUN, LONDON, MONDAY EVENiING, NOVEMBEIVtre, 1852,

house. I must go and see him," and she went out appa-
rently for that purpose.
Mr. Henry—What became of the broth ? When you
heard your master complain of ita bitterness, did you not '
suggest that it shauld be kept and analysed.
Witness—No. I did not. I know it was thrown away.
Mr. Henry—lt is clear that no charge can be sustained
in respect to the broth, because it was not t?sted. Ido
not believe that a jury could convict the prisoner on this
evidence. The expressions deposed to may have been
used in anger, without a guilty intention ; and with re-
spect to the draught, although it had not been analysed,
it was admitted on all hands that the quantity of lauda-
num put into it was very small.
A long discussion then took place between the solici-
tors and the parties concerned, respecting the terms of a
separation. Mr. Read proposed to allow his wife 15s.
per week, and keep their only child himself ; but the
wife said that his income was very good, and he could
allow her more, He had 1501. per annum and perqui-
sites from a mercantile situation, besides the profits of
his business, for the goodwill of which he gave 200
guineas, and he had money in the bank.
Mr. Henry considered the allowance sufficient, as she
could do something for herself.
The prisoner then demanded her own plate and jewel-
lery, but the husband refused to deliver up anything, ex-
cept her clothes and some bed-linen. With this under-
standing, the case was disposed of.

any communication with any person there. his
view, in referring to these matters, wag to show
the degree of mismanagement and reckless disre-
gard of all propriety which was shown in tho conduct
of the establishment, leading to the inference that the
persons who had undertaken to perform these particular
duties towards the children were incompetent or uuwil-
ling to do so. But, as he had said, upon these points
there was a conflict of evidence, and so they might be
within the proper province of the jury, and therefore
he would leave this part of the case and come to an im-
portant point upon which there was no conflict of evi-
dence. It was admitted that from August, 1851, to
January, 1852, this poor girl was in ill-health, and it
therefore behoved the defendants to have seen that she
got proper food and nourishment; but he submitted
' that, upon the evidence of Mr. Chapman, the medical
man attending the establishment, and of the defendants,
the plaintiff ought to have got the verdict, and that the
judge misdirected the jury. Another point in the case
was, that the child was stated to have thrown away her
food, and if this were so, Mr. Chapman ought to have
been informed of it. He submitted that upon this matter
alone the defendants had not acted rightly, for the doctor
ought to have been made acquainted with the fact. He
had endeavoured in his address to the jury to show that
the defendants, being aware of this malady, should have
taken care not to have done anything to increase it. He
had said to them, " this was a very important point, as
regarded one of the issues, for if the defendants knew
that she was weak and feeble, it was clearly their duty
to take more care of her, and not to do anything to in-
crease the malady." Ho would now, however, leave the
question of evidence, and consider the question which he
submitted was still more clearly in his favour, the ques-
tion whether the Chief Justice had not misdirected the
jury. He contended that he had done so, and of this
misdirection he complained The Chief Justice had
told the jury " That if there had been merely an inno-
cent act of omitting to do something that might by pos-
sibility have been beneficial to the plaintiff in the con-
dition in which she was placed; that was not sufficient.
There could be no doubt, he apprehended, that the un-
fortunate plaintiff was the subject of a most distressing
malady in a very aggravated degree, and it was there
fore very probable that what might appear for the benefit
and advantage of other children might have a contrary
effect on her, but the defendants were not liable for that."
The jury had to try a formal and conclusive case of
ill-treatment to this child, whom the defendants had
undertaken to keep both in sickness and health, and to
take due and proper care of. If she had been a grown-
up person of mature ago, then the observations of the
judge might have been correct as to her belonging to a
particular creed. But he said that this child was en-
trusted to those persons, who were either ignorant or
incompetent ; or persons who had from religious per-
suasions peculiar ideas. Such persons, he concluded,
had no right to undertake to discharge such duties, and,
whether they were ignorant or incompetent, or had pe-
culiar religious ideas, the same standard was to be ap•
plied to them as if they were well-informed, competent,
and had no peculiar ideas upon the matter. It had been
said that tnese ladies were not like mothers possessed of
tender sympathies ; but whether they did or did not
possess the feelings of a mother, or whether they had
tender sympathies, bad nothing to do with the subject.
They andertook to take proper care, in sickness and in
hea2th, of this child, but she became sick, and they
did not do even the ordinary duties of secular pergolas
who undertook the task for reward. These ladies, it
was said, had a higher reward than anything earthly ;
but, however that might be, their duties were equally
onerous, and if once their lordships made a different
rule with regard to this description of establish-
ments than that which applied to ordinary secular
establishments, it was difficult to know how far that rule
might be extended where the subject of it was au
g person
to
of tender age, under the care of persons who ht
know how to fulfil that care, and who, if they did net
know, ought to be equally responsible as if they did
know. Upon the grounds, therefore, that the observa-
tions of the Learned Chief Justice tended to mislead the
jury, and that good evidence of the maltreatment of this
child existed whilst she was in a sickly and dangerous
state, such maltreatment leading to the loss of her eye,
upon these grounds he submitted that there ought to be
a new trial.
Mr. Justice Maulo said ho was of opinion that there
ought to be no rule in this case. What the Chief Justice
had told the jury was, not to lose sight of what was a
very prominent feature of the case—that this was a reli-
gious establishment belonging to the Roman Catholics,
and he thought it was right that they should not lose
sight of that. Persons who were not acquainted with
places of this kind might say that it was absurd to have
such rules as those that existed ; but if you found that
what happened was in accordance with the regular pro-
ceedings of the place, it did away with the imputation of
any particular individual cruelty. The Chief Justice
did not appear to have been laying down a rule of law
to the jury, but only to be showing the bearing of a par-
ticular part of tho evidence, namely, that this was a
Roman Catholic institution. In his opinion, there was
no pretence for saying that there was any misdirection.
The other Learned Judge concurred, and the rule was
refused.

Caledonia, and launched at Chatham in 1827. Her
burden in tons is 2,616.

Her Majesty's ship Orion, 80, building at Chatham,
it is stated is to have a screw nr2peller. Sha was de-
signed by the Navy-office, and is of 2,600 tons burden.
Her Majesty's screw steam-ship Imperiouse, 60, of
330 horse-power, is ordered to Chatham to be fitted for
see, and will proceed to that port as soon as she has got
her machinery on board.
The officers and seamen, &c., of the London, Horatio,
and Porcupine, were mustered on Friday afternoon by
Captain the Hon. Montagu Stopford, of the Waterloo.
Rear-Admiral of the Blue, the Hon, Sir Fleetwood
Broughton Reynolds Pellew, Knt,, K.C.H., is named as
the successor to Rear-Admiral Austen, Commander-in-
Chief at the East Indies.

The rules and regulations at present in force in her
Majesty's dockyards are, it is rumoured, about to be
completely revised.

THE COAST OF AFRICA.
By letters from the above station to the sth of Sep-
tember, we learn the Penelope, 22, flag of Rear• Admiral
Bruce, was at Loando at that date. Our correspondent
says:—" The slave trade is entirely relinquished in the
Bights, and is not likely to be renewed, if the simple
precaution of sending consuls to reside in the countries
with the chiefs of which wo have treaties be adopted."
Her Majesty's steamer Prometheus has had a number
of cases of slight fever. Tho Admiral had sent her to
St. Helena, and the officers and men are now quite well.
One of her lieutenants, Mr. A. R. Fox, died of apoplexy
on the passage from that island to Ascension: he was
buried at the latter place.
The squadron was thus distributed at the date of our
advices:—

SOUTHWARK.—Robert Dunn, barrister-at-law, was
brought up in custody, and placed in the felons' dock,
charged with obtaining 71. from William Daley, a poor
Irish tailor, residing at No. 61, Great Guildford-street,
Southwark, under fraudulent and false pretences.
The prosecutor said, that about two months ago the
prisoner was recommended to him as a barrister-at-law,
who was able to see to a case of his wife's in Chancery.
The prisoner said he would look into it, and he then
handed him a sovereign to do so. He came to him
afterwards and said—" Mr. Daley, the case is all right,
and you have a legal claim on the property; if you hand
me 51, I will put the bill on the file, and you will soon
be a rich man." Witness than borrowed 51., and gave it
to him. Some time afterwards, be borrowed another so-
vereign, which made 74 altogether. After that he got
him to put his name to a bill of exchange for 351., but
fortunately Mr. Dunn spelt his name wrong, end ren-
dered the bill useless.

On the South-coast.—The Harlequin, 12, Commander
Wilmot; Volcano, 5, ateamsloop, Commander Cbote;
Firefly, 3, ateamvessel, Commander Seymour; Water-
witch, 8, Commander A. H. Gardner; and the Spy, 3,
Lieutenant-Commander Bcresford.

In the Bights.—The Britomart, 8, Commander Hes-
seltine; Cygnet, 3, Commander White; and Myrmidon,
iron steam-vessel, Lieutenant-Commander Joliffe.
At Siorrq Leone.—The Polyphemus, 6, steam-sloop,
Commander Phillips; Crane, 6, Commander Bonhand;
Bloodhound, iron steam-vessel, Lieutenant-Commander
Christian; and Plato, steam-vessel, Lieutenant-Com-
mander West.

Vv
Thomas Hart, 2, Downes-buildings, gardener, said he
lent the prosecutor 51., and saw him hand it to Mr. Dann,
on the 21st of September last. The latter promised to
revive a bill of Mrs. Daley's father in Chancery, and
put it on the file on the 2d of November.
Mr. Dunn here wished to give an explanation of the
whole transaction to the magistrate. He said that two
months and a half ago he met Daley, Hart, and his bro-
ther in the street, The latter, whom he knew, told him
that Daley was entitled to extensive property in Chan-
eery, and wanted him to carry it on. He told them he
could not speak to them in the street, but they must call
upon him at his house. They accordingly called on
him, when Mr. Daley told him his wife was heir-at-law
to a Mr. Wood, who filed a bill in Chancery, in 1830,
respecting some property in Cornwall and Devonshire.
He examined the records, after considerable trouble and
expense, when he found that the son of Mrs. Daley's
eldest brother was alive, and that she had no claim. As
for the bill, he took that as security for the attorney ;
but, finding Mr. Daley had no claim, he did not accept
it. It was now useless.
Mr. Corrie said that there could be no pretence for
charging Mr. Dann with a false pretence. It was clear
he had done considerable labour for Daley, which entitled
him to the money he had received. Nothing could be
fairer than the manner in which Mr. Dann had acted
with the bill of exchange; therefore, under all tho cir-
cumstances, ho should discharge him from custody.
Mr. Dunn was then discharged, vowing that the pro-
secutor was an honest man after all.

At Ascension.—The Tortoise, 12, Captain Kitchen;
Prometheus, steam-sloop, Commander Foot; and Athol
transport, Lieutenant-Commander Pearse.
The Dolphin, 3, Lieutenant-Commander Wood, may
be expected home at the end of November.
APPOINTMENTS AND CHANGES.

Lieutenant Graham, from the Waterwitch to the Har-
lequin v. co Lieutenant J. D. Curtis in exchange.
Mr. John Forster, mate of the Penelope, to be Lieute-
nant of the Prometheus vice Fox, deceased. Mr, Fors-
ter has since been appointed lieutenant of the flag-ship.
Mr. S. E. Wright, clerk of the Waterwitch, to be clerk
in charge of the Athol.

Mr. W. H. Death, clerk of the Cygnet, to be secre-
tary's clerk in the Penelope.
Mr. J. S. Powell, to be gunner of the Harlequin vice
Stevenson, deceased.

AN UNSEAWORTHY SHIP.—The emigrant ship Heroine,
of London, burden 800 tons, is now on White's Camber
slip, in Portsmouth, undergoing a through overhaul. In
her we have another illustration of the perils and dan-
gers which beset emigrants. She left London about a
month ago, bound for Port Philip, Australia, with
about twenty passengers on board, and laden with a
general cargo, part of which was a largo quantity of
bricks. She had not been long at sea before she was
found to be leaky, and to such a degree that it was im-
possible for her to continue her voyage in safety. She
accordingly put in at Portsmouth, having at the time nine
inches of water in the hold, and making five and a-halt
inches more per hour. A survey was held upon her by
the surveyors to Lloyd's, the result of which was the
discovery that her caulking had been done in a most in-
efficient manner, indeed, it may with considerable truth
be averred, she had not been caulked at all. Had this
leaky state not well developed itself before the Heroine
had got into mid-ocean, it is easy to imagine what
would have been the consequence.
A SAILORS' HOME AT CORK.—We understand that a
sailors' home, on a liberal and extensive scale, is being
established in Cork, a port that in point of consequence
' as one of call for order) from London, Liverpool, Glas-
gow, &0., is fast growing into considerable extent. At
an
td eprosrtta nwdi t
ht
na t t nearlyhe
year seon, OdOi
n 0
gßtrhi tei s
Ist s
oe
fa mlast
this moment there are over 250 vessels at the anchorage,
and
derwede thu
October. We aro glad to learn that these noble institu-
tions have at length obtained the serious attention of
• Government, and are shortly to be submitted to both
Houses of Parliament.

POLICE INTELLIGENCE.

MANSION-HOUSE.—John Girard, who was some
days since brought up before the Lord Mayor, upon the
charge of having obtained iron to the amount of 3001.
from the agent of the Totnes Iron works proprietors,
of Glasgow, was finally examined upon that and other
charges of a serious description.
Mrs. Mary Ann Newton, housekeeper to Mr. Sizer,
of Maidstone, said—The prisoner is the person who
lived in a shop at Maidstone. He called at the house
and took it, and gave the name of 0. Watkins and Son.
He did not go into it, but called two weeks running, and
paid the rent of two weeks. A great many letters came
from him, and I never saw any other Mr. Watkins there.
The shop was not opened at all. One parcel came,
which my master sent back to the owner.
Mr. C. J. Andrews, agricultural implement maker,
Reading, said, in consequence of the receipt of a letter
signed " 0. Watkins and Son," I sent two chaff-machines,
of the value of 11/. 103. to the goods station, Paddington,
to 0. Watkins and Son. We have never been paid for
those goods.
Sergeant Carpenter, of the Greenwich division of the
Metropolitan Police, proved that Girard hal once been
tried and found guilty of picking a lady's pocket.
Mr. John Goddard, foreman and book-keeper to
Messrs. Whitehouse and Co., of Wednesbary, Stafford-
shire, proved that in May and Juno last the firm re-
ceived letters from Maidstone, signed " 0. Watkins and
Son," in consequence of which they sent goods to the
amount of 881.31. id., directed to them at Hamburgh
Wharf. The goods consisted of iron gas tubes and
fittings. Payment had never been received.
The prisoner was then committed for trial.

BOW-STREET.—Mrs. Caroline Read, wife of Mr.
James Read, tobacconist, of 2, Great Russell-street,
Covent-garden, was charged with having attempted to
administer poison to her husband.
The prosecutor (Mr. Read) stated that on Thursday
evening, at about nine o'clock he requested his wife to
make him some broth, as he had been unwell for several
weeks past. It was brought to him when ready, but he
found it extremely bitter and unpalatable, and, conse-
quently, declined to take it. Owing to subsequent dis-
closures made to him by his servants, he felt it his duty
to bring his wife before a magistrate on the present
charge.
Cross-examined
s
ewith
ener—
aawa h
Mr.b ygacvroeeonMr.pt h
Cooper,
dV
friend
dwo ihn f
fot
enrm
of me e e
hwei
nash,veot:
forbiddencausedattendedhy ht
and I admit
6
h forr
having asked him repeatedly to take my wife
to the
theatre, which ho disi.
Susan Hornell, servant to the prosecutor and his wife,
stated, that on Tuesday last she saw her mistress (the
prisoner) put some laudanum into a black draught which'
her master had sent for from Mr. Hooper's, the chemist.
She said to witness, that she was going to do it in order
to make master sleep better at night, and she then threw
away about two spoonsful of the draught, and dropped
in the laudanum from a small phial containing about a
P-
enny-worth. Witness told Frederick Wright, a fellow
intimacythhos per. uo was
servant, what his mistress had done, and she went to the
druggist's to get another draught, which he changed for
the bottle which Mrs. Read had put aside for her hus-
band. Witness had often heard her mistress express a
wish that Mr. Read was dead. The other day she said
to witness, " He must be as hard as iron, or ho would
have been dead before this time."
The prisoner—That must have been said, then, in
reference to his drinking habits. This is a most cruel,
wicked charge.
The case was postponed a short time to get the con-
tents of the bottle analyzed; but West, the officer, re-
ported that he could not get it done, at King's College,
before Monday.
At the resumed hearing of the case, Susan Ilorsell
made some additions to her evidence. She stated that
she had heard her mistress express a wish that she could
" slow poison" her master.
Mr Wontner cross examined the witness with the view
of showing that her additional evidence was an after-
thought. She denied that her master was given to
drinking.
Frederick Wright said that he was in the service of
Mr. Read. Owing to what Susan Horsell told him about
t and purchased another, and changed
the draught, he wen
it for the one which his mistress had put out for his mas-
ter. He sealed the bottle, and it was the same which
masr comne
had been given to the police. When
of the broth on Thursday evening, witness tetold hpimlainot d
to touch it, and referred
him to Susan for an explanation
of what he meant. Mr and Mrs Read had frequent
quarrels, and witness had often heard the prisoner say
" that she wished him dead," and that "she would give
a good sum of money to any one that would bring her
his corpse."
The prisoner—lt is false to say so. Susan says that
she has often seen me sponge his bed to make it damp.
Mr. Read—And I have constantly found ray sheets
damp, and am suffering from it now. I have been ill
for six weeks or more.
Mr. Wontner (to the witness)—Can you think of any-
thing more that you have heard your mistress say ?
Witness (after much hesitation)—She asked me once
for some oxalic acid, which I was cleaning the windows
with, but I refused to give it her. I believe Mr. Cooptr
is an attorney's clerk or something of the kind, and he
has visited the house constantly, both in Mr. Read's
presence and when he has been absent. I have heard
the prisoner say that she loved Mr. Cooper, and had
reason to love him. Witness beard Mr. Read say to her
a day or two ago, " Caroline, recollect this, Mr. Cooper
never darkens my doors again." She said, " What for?"
He said, "I have my reasons, but lie did not tell them.
When he had gone off to business the prisoner came into
the shop and said to witness " Whatever will Me. Cooper
? Bead has written to him to forbid him the,