The Sun.
London, England, 1855-12-11 00:00:00

MILITIA.

The following changes took place .n the Fifeshire Re-
giment of Artillery on Friday last :—Two companies,
under the command of Captains Simeon and Forrest,
proceeded from head-quarters, Cupar, to Dumbarton
Castle, to relieve those under Captains Knox and Han-
nay ; the latter being ordered to Leith Fort. Captain
Maconochie and Captain Rennie's companies, from
Leith Fort, join head-quarters.
The Royal Glamorganshire Light Infantry, now quar-
tered at Cardiff, has volunteered for service in the West
Indies, to relieve one of the regiments ordered thence
for the Crimea in the spring.
The Galway Militia (the Marquis of Clanricarde, colo-
nel) have received orders to embark for England on
Thursday next.
! The Sinai Cork Light Infantry Militia have arrived
:n Dublin, there to be stationed for the present, The

S)uth Cork gave 15 vo:untecra on 'rhursclay to the line
—viz., 11 to the 9L1,, 3 to the 40th, and 1 to the 53th.
On Saturday S 5 volunteers from the Cavan Militi=a tQ
regiments of the line embarked under the command of
an officer at Dublin, fur Liverpool.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.

CLIELIESFOnD, DEC. 10.

The commission of assize and gaol delivery for the
county of Ewes was opened in this town to-day. Mr.
Justice Crompton came down by the 12 o'clock train,
and his lordship at once proceeded to the Shire-hall to
open the commission. He afterwards attended Divine
service, and at 2 o'clock the business commenced.
There are 15 prisoners for trial, not one of whom ap-
pears to be able to read and write. The offences charged
are of a serious character, and comprise arson, highway
robbery with violence, shooting at with intent to murder,
and burglary.
William, Cary, 22, was indicted for burglariously en-
tering the dwelhng-house of John Pilgrim, and stealing
a bottle containing a quantity of home-made wine, some
money, and other property.
. Mr. Rodwell prosecuted. The prisoner was defended
by Mr. T. Cbambere.
It appeared that the prosecutor left his cottage about
half-past five o'clock on the morning of the 11th Jan.
but, and when he returned at hal-past six he found it
had been entered, and that a stone bottle, containing
seven or eight pints of bullace wine, and some other
articles, bail been stolen. About half-past seven o'clock
the same morning the prisoner was found lying in a field
about a mile from the prosecutor's in a state of stupid
intoxication, and the stone bottle, which he had nearly
emptied, was by his side. It appeared that he after-
wards absconded from the neighbourhood, and he was
apprehended at Ipswich, and upon the constable taking
him into custody, he said he knew what it was for, and
Le might as well go back and make it all comfortable,
as he knew that, at all events, they could not hang him
for what he had done.

The jury returned a verdict of Guilty, and the pri-
soner was sentenced to four months' hard labour.

NORTHERN CIRCUIT.
DORIIAIf, DEC. 7.

(Before Mr. Baron Martin.)

TISE EXTRAORDINARY lIIIRDER BY BLOW POISONING.
[We briefly noticed this case in The Suit yesterday.
We subjoin a more lengthened report :—]
Mr. Edwin James, Q C., Mr. Leofric Temple, and
Mr. Davison appeared for the prosecution ; the prisoner
was defended by Mr. Sergeant Wilkins, Mr. Overend,
Q.C. and Mr. Laurie.
The prisoner was indicted for the wilful murder of his
nil's, Jane Wooler.

Mr. James, in stating the case, commenced by ear-
nestly entreating the jury to dismiss from their minds
all they had previously heard of this extraordinary case.
He should produce all the evidence in the power of the
prosecutor, whether it made for or against the prisoner.
Mrs. Wooler, the deceased, was the daughter of a medi-
cal man, and married the prisoner 18 years ago. They
resided in different place-, and for some time in India.
About seven years ago they took up their residence at
Burdon, near Darlington. She was never of robust
health, but experiei,c,..d no serious illness till the Bth of
May last, when she was seized with vomitings. Mr.
Jackson, a medical man, was then called in, and at-
teuded her till her death on the 27th of June. His as-
sistant, Mr. Henzell, saw her on the 16th of May, but
not again till the 4th of June, and thence continually till
her death. Her illness continued, accompanied by diar-
rhoea. On the 3th of June Dr. Haslewood, of Darling.
ton, was called in. Consumption being apprehended,
her lungs were examined, but nothing wrong could be
discovered in them. Dr. Jackson treated the case as
one of influenza. The three medical men continued their
attendance till her death on Wednesday, the 27th June.
For 14 days before her death their attention was at-
tracted by certain indications. Oa Friday, the 29th, a
post ntortern examinati, n took place, from which they con-
cluded the cause of death to be an irritant poison. A por-
tion of the viscera was tested by Dr. Richardson, and he
detected the presence of poison. An inquest was held
on the 30th of June, and, by adjournment, on the 13th
of July. The conclusion of the inque-t jury was that
the deceased died by poison, but no person was charged
with administering it. Soon after Mr. Wooler was ap-
prehended on this charge. The body was exhumed on
the 4th of August, and a portion of the viscera was sent
to Dr. Taylor, of London, who would say that he had
no doubt of the presence of arsenical poison in it, and
apparently administered from time to time in small por-
tions in solution. Dr. Richardson, of Newcastle, also
tested a portion of the viscera, and detected the pre-
sence of arsenic. The evidence of Dr. Haslewood, Dr.
Jackson, and Mr. Henzell, who attended the deceased,
would also be given. The symptoms exhibited during
her illness also indicated death by slow poison. Assum-
ing, as the learned counsel said he was entitled to do,
that the cause of death was poison, the next question
was, who administered it ? The prisoner himself had
said, " It is stated that the body exhibits traces of poison
—if so, it has been contained in the medicines adminis-
tered by the medical mein" It would be supposed that
if poison had been in the medicines it happened other-
wise than by carelessness only. Yet, as their attention
was directed to symptoms of poison so early as the 17th
June, was it possible that such care would not have been
subsequently-need as to prevent the possibility of the
accidental further introduction of poison ? Toe bot'.les
containing the remains of medicine which had been ad-
ministered were also submitted to competent persons,
and in those remains no trace of poison could be disco-
vered. The peieon must have been administered by some
person of skill. The deceased objected to the attendance
of a curse, and none was engaged. Two friends, Miss
Middleton and Miss Lanchester, frequently saw her due-
ihg her illness. These two ladies, with the exception of
the prisoner's brother, were the only persons about the
flecoesed during her illness. It would be shorn by meth-
eel evidence that to use poison in the way in which it
must have been administered to the deceased required
skill and knowledge in the subject of poisons. It would
be shown by the evidence of Mr. Wooler's own con-
versation that ho possessed this knowledge and
skill. He was about her during the whole of her ill-
ness, with the exception of one day, the 20th of
June. His hand administered the injections and other
medicines. Her stomach would nut retain medi-
cines ; .injections were therefore necessary. On two
occasions the prisoner produced to Dr. Hazlewood and
Dr. Jackson a small basket containing bottles, one of
which was labelled "Fowler'e arsenic," a well-known
preparation of arsenic. They spoke to him on the sub-
jest of this arsenic. What had become of the bottle?
At the inquest it was sent for from the prisoner's house.
Several bottles were brought back. This could not be
found. There was another important circumstance. Ene-
mas were employed for administering injections. The
prisoner bad a syringe of pewter, which was used. On
one occasion the elastic pipe got stopped up. The pri-
soner borrowed a syringe of Mr. Fothergill, a medical
man. No other syringe was used till her death. Pother-
gill's syringe was then returned to him. Some time after,
when this matter became talked about, Mr. Fothergill
examined this syringe. The pipe was stopped up. It
was carefully examined by hire, and in his opinion
arsenic was there. His test, it must be admitted, was
not a safe one; but a further and more accurate
examination showed a greater quantity of arsenic
than the test could oontain. The conduct of the pri-
soner was next to be considered. He apparently evinced
the utmost solicitude for his wife during the whole of
her illness. It was not, however, until several times
urged by Dr. Jackson that he consented to further ad-
vice being called. Then there is this book (said the
learned counsel, exhibiting a book),contaiuing entries be
the prisoner of the medicines administered to the de-
ceased down to the 14th of June, after which there aro
no further entries. Among other undoubted symptoms
of puieon there is tingling of the hands. On the 23d of
June Dr. Haslewood ascertained from deceased herself
the existence of this symptom. It was not till the same
day that the prisoner, who had seen the deceased after
she had told the circumstance to Dr. Haslewood, told
them. In his presence the medical men asked her how
long she had had this tingling. She answered, " Three
or four days." He remarked it was not so long. She
replied that it was, and that she had requested him to
inform the doctors, but he had forgotten it. Mr. Hen-
zell examined the deceased's stools and urine before
the 22d and after the 23,1 of June. On the former day
Mr. Henzell went to the coachhouse' where the urine
was usually kept fur examination, but he could find
none. He asked prisoner for some. A bottle of urine
was sent on that day, but it differed in character Irons
what he had examined previously or subsequently. The
servant girl on the 22d brought the urine from the coach-
house into the kitchen, whence prisoner himself con-
veyed the bottle to Mr. Henzell. He sent a letter with
it. He had therefore the opportunity of changing
ti d.
the
an
contents. Another circumstance must
The symptoms were the same every day except 'ne one
ePt on the
!'
20th of June, when sire One was much better. On that day
the prisoner was from home. Just before tihnegdweciethaseid),:rs
death the clergyman who had been
Came to the prisoner's dressing-room, and told him
d ssede and said,
his wife was dying. was Theu clergyman threw
"A.m I to come in this way ?
and took him to her
something over his shoulders,omeut that she was dying
bedside. At the very
if
'f he was going to Darling-
he asked the clergy
ton. He did not attend
the funeral. After her death,
and before the medical
men had left the house, a bell
whichhe invited them into the garden to see
the hiving
rang, upon
„, - bees, in which operation the bell was
seasofesoc-Orrespon donee took place during Mrs.
rWunogoier's illness. On the 29th of May, when she was
seriously
he wrote to a Mrs. Vint stating that his
wifehad bade slight illness. On the 9th of June he
writes that her illness was considerable. On the 12th of
he writes that she had a tendency to consumption.
juOnntehe 14th of June he writes to a Mrs. Rymer that hi,
wife was in a very critical state with disease on the chest,
and that the doctors told Lim they could not hope to delay
God's verdict, and that the upper part of her lung was
diseased. The doctors never told him anything of this
sort. On June 16, he writes to her brother, Mr. Buck-
nell, stating that she was fast sinking, and that it was
only on the Bth that he ascertained from the doctors that
her disease was in the upper lung. He expressed great
desire to see Mr. Seymour Dixon at Burdon. To Mr. S.
Dixon himself the prisoner writes, on the 11th, that the
doctors thought there was a favourable charge in his
wife, and that Mr. Dixon need not come. On the 23d of
June he writes to his nephew, a pupil of Sir John Fife,
that, if tho deceased's case were mentioned to Sir
to John,if
he might give an opinion. Ile then details systems (i-
-ferent from what he stated to others,ption. s
to the effect that
the doctors apprehended slight e
meum
should
nephew
would seem to have suggested that Sir John Fife
be telegraphed for, since in another letterhis nephew
he says that the clergyman and medical men
in Sir
natßurdon
had said it would have been of no use to call John.
The clergymen and medical men will deny having ever

said so. On the 231 he details her symptoms in writing
for Sir ,T. Fife, but omits the tingling of the hands. On
the 27th he announces her death in a letter to his bro-
ther, who was at a distance, inviting him to her funeral.
To her brother, who resided nearer, he allo wrote, but
did not invite him to the funeral. On the 20th of June
the iegistrar called to learn the cause of death, and
was informed by the prisoner it was ulceration of the
bowels. On the same day prisoner received a letter from
Dr. Jackson stating that a further examination of the
body was neces=ary before he could give a certificate
to the registrar other than that of which a copy was en-
closed, the purport heir), that the symptoms indicated
death by poison. Pris Oner exclaimed tl the servant
Ann Taylor, " Why, they say that my Jane was poi-
soned. I had better gather up all the bottles." Ann
Taylor accordingly placed them in her box. Prisoner
then left the house, and never returned until after the
funeral. On the 11th of Juno he makes a will, which
we have given notice to be produced. It may be asked
what motive could the prisoner have ? The learned coun-
sel said that he could not suggest any. Of that, as well
as the other p inti in the case, the jury must judge after
hearing the evidence.

A number of witnesses were examined, aid the evi-
dence was not concluded when the Court rose on Satur-
day evening.

MIDDLESEX SESSIuNS.

The December General Sessions of the Peace for the
County of Middlesex commenced yesterday morning, at
Clerkenwell, before Mr. Witham kin the ab ence of the
Assistant-Judge) and a bench of magistrates. There
were for ttial 43 prisoners charged with felony, and 5
with misdemeanour.

M'Arthur and Joseph Rose, convicted at the last
session of stealing a vast quantity of slates, to the value
of about 500/., the property of a slate merchant named
Sheffield, were brought up to receive sentence.
The Assi.stant Judge referred to the case, and saidthat
it appeared that M'Arthur was the greatest offender of
the three who were tried. One of thorn he sentenced at
the time.

•-• Mr. Sleigh said Le was instructed on behalf of
M'Arthur, who had hitherto borne a good character,
and the fact of his having pleaded guilty would not be
taken into consideration against him.
111 r. Metcalfe, for the prosecution, said the prisoners
were remanded for judgment on the suggestion that
M'Arthur might make some disclosure as to the remain.
der of the stulen property, but Le had done nothing of
the kind.

Mr. Spiller, a slater, spoke to the previous good cha-
racter of 'Arthur. He had known him 30 years, and
be was apprenticed to the witness.
Tee Assistant-Judge said a more daring or impudent
robbery he had never heard of. There were collected
on a wharf from sixty to seventy thousand slates, and
the person having care of them went to Brighton fer a
law days. During his absence M'Arthur, and others
who acted as his agents, set to work right and left, and
sold them as his own, and so got rid of property amount-
ing in value to near 500/. It was impussible to treat
such a case with anything but the utmost severity, and
the sentenca therefore on WA rthur was that he be kept
in penal servitude for four years, and upon Rose that he
be kept to hard labour ler 18 calendar months.
Charles Symons, a tali, powerful man, was charged
with unlawfully and maliciously wounding James Kerr.
Mr. Clarkson appeared for the prosecution, Mr. Coo-
per for the prisoner.
The facts were these :—The prisoner was a labourer
at the London Ducks, and on the 17th of November he
was turted out for some misconduct. He had been
drinking, and on b.-ing ejected he called out for a knife,
swearing he would do fur somebody. In a short time he
male his appearance in the Dock, with a table knife,
which he brandished over Lie bead, and when requested
to go by the constable, he made two thruts at him.
The gatekeeper fetched his staff, which the prisoner
snatched from him, and dealt the prosecutor, the watch-
man, two violent blows on the head with it, causing a
considerable flow of blood. He then got outside, and
stood challenging any ore to corns near him, holding the
knife in one hand, and the staff in the other, when Jas.
O'Connor, 177 11, closed with him, and with the assist-
ance of three soldiers wrested the weapon from him, and
took him into custody.
The prisoner withdrew his plea of not guilty, and
pleaded guilty, by the advice of his counsel.
Mr. Cooper then addressed the court in mitigation,
and urged the prisoner's sincere sorrow for what had
occurred.

The Assistant• Judge sentenced the prisoner to six
mouths' hard labour.

COURT al? BAN RRV PTCY—Dec. 11.

(Before Mr. Cornmisioner Evans.)
IN RE STRAHAN, PAUL, AND CO.- IMPORTANT QUESTION Ap
TO THE ASSETS OF THE BANK AND OF MILFORD AND CO.

A special sitting took place to-day, for the purpose of
hearing the arguments on the question of a proposed di-
vision of the assets of the two estates. The bankrupts
carried on business as navy agents, under the style of
" Halford and Co," in addition to their banking busi-
ness in the Strand. The former firm, it may be reinem-
b,:red, was nearly in insolvent circumstances at the time
of the bankruptcy. The question was raised by Mr.
Bagley, on behalf of Capt. W. Ilerringbaul, a creditor of
Halford and Co., whether the assets of that firm ought
not to be kept separate, and distributed exclusively
amongst the creditors of the house. Evidence has since
been taken as to the mode of. conducting the two busi-
nesses, and the matter n lW came on for argument.
Mr. Bagley, for the claimant, stated that previous to 1835
the banking business was carried on by Mr. Snow, Mr.
Strahan, and the late Sir J. Paul. The navy agency busi-
ness was carried on down to 1836 or 1837 in the names of
Cook and Halford, and Halford and Co., when Mr.
Raiford becoming incapacitated for business, the late s:r
John Paul undertook the management for him. Air.
'Telford died in 1837, and the late banking firm then be-
came the managers of the busiue-is, intimation of the
change being given to several of the customers. In 1842,
Mr. Bates became a partner in the bank, regular articles
being entered into which also provided for his admission
into the navy agency business. The articles clearly con:

templated that the business should be kept distinct, and
provided for their being carried on in separate premises,
and that separate books should be kept, and this agree-
ment had been strictly carried out. Mr. Bates's position
was peculiar—he brought in no capital, and had a fixed
salary, in the first instance, of 500/. a•year, without par-
ticipating in the profits. Mr. Stralian was to have 5 9the
and Sir J. D. Paul 4-9 tbs. 'Acre were provisions in
the agreement exempting Mr. Bates from any liability
to loss, and also excluding him from any interest in the
business on the death of the partners. Mr. Justice
Storey laid it down that a community in profit and loss
was the very essence of partnership, and the same view
was taken by Mr. Collier. Mr. Collier was undoubtedly
held out to the world as a partner ; but that was a very
cilerent thing from his being a partner as between them-
selvee. In the case of Reay and Reay, and numerous
others, the distinction was drawn between these two kinds
of partnership. In the present instance Mr. Bates was
clearly not a partner, in the true sense of the word, in
either business. He had certainly held himself out to
the world as a partner in the banking business ; but in
the navy agency business he had taken no part whatever
beyond occasionally selling stock when desired to do so.
His name had also been inserted in powers of attorney
given by the customers of Halford and Co. to the
house ; but even this did not constitute him a part-
ner, nor did it give any information- relative to
those customers who did not make powers of attor-
ney. There was no evidence whatever that Mr. Bates
had held himself out to the world as a partner in Hal•
ford and Co.'s ; in fact, he never went there except when.
he was sent, and no customer of the house was etverbiand-
troduced to him. But assuming_ that Mr. sines
stillt good
acted as a partner in both houses, there
gcirpoluenwdshifcohr
au distinctionutho riauthorised
the
Oe.f
distinctionthe as s. ctse,roeofnw jointt saanmde
sepa-
rateprin
it
aboratrhdi
other
rdb
thoughee onn
eitirdtehr
that
bn
tat)
tabusi-
nesses estates. Where
distinct
estate might prove againsdt
I Jer naes s
iggennetel
se,maadninciittteedd stebvee rparli ac
ispelse.
IVheprreen.illsretsle,:bi
' ate estates belonged to the separate creditors,
were
ld r. identical.H au ueu ,Tfhoer
thatbut
observedßePDar that the question here was, what were se-
parate
estates F The deed of partnership constituted Mr.
Bites a partner just as much in one business as in the
other, in fact the two were spoken of as one, the " busi-
ness of bankers and navy agents." It was said there had
been no communication to the customers of the fact of
Bates's partnership in Halford and Co., but Captain Her.
ringham himself admitted that he had received a circular
announcing some change in the firm. It was also in evi-
dence that after Strahan and Co. took the business the
cheques were headed in their names, and though the
change in question did not show the introduction of Mr.
Bates's name, it showed that the banking firm, whoever
they might be, were in reality the principals in the other
business. In all cases cited there bad been firms con-
sisting of different members. Here the firms were the
same, and even the businesses to some extent ; for the
house of Halford and Co. had also carried on a banking
business.

His Honour said, in this case it was of great impor-
tance to the creditors that no delay should take placers
the decision of this question, as they were, of courstee,
anxious t ) come to a dividend ; he should therefore state
his opinion on it at once. There would, beah good
deal gand
deal in what had been said as to .
Paul being the only real partners,.
of Halford and Co. had not 0
that style or firm conveyed noe
meaning nretluefSdiret;i; ebboudetya,rnaiste
„,ho were the part-
was everybody's business to inquireepartner in both con-
cerns No doubt Mr. Bates
w)aagrtner in either. and the
cerns ; if not, he was nohtea
questionl was, whether the
result was the same.
separate The
accounts to be taken, when
Court could order
li same in each concern. In the case
the partners
would it be said that separate accounts
of an individuwaeiret
should be taken.the
eecause they had carried on two sepa.
same town ? A general merchant
rate trades in
trading in sugars,
separa
ships, and a variety of things, opened
a his
books . _
to account on
c handle°. In the event of his failure, could a creditor
who had sold him a ship come in and say, "That ship
which I sold you has been profitable, your accounts
prove it ; pay me for it ;" thus claiming an advantage
Over the other creditors ? Such a principle can never be
admitted. And in this respect there was no difference
between the case of three partners and that of an in..cik
vidual trader. Ile had looked carefully at
allthe
llf.
that
ferent authorities which had been cited, and found
they all, without a single exception, referred
e not the
l' re to
cases
where the partners in the different firms
same, Under all the circumstances it ,
pr: e
ati the creditors there must be a joint account, and that red to him
must come in under it.
The costs of the present hearing were allowed.