The Sun.
London, England, 1864-12-21 00:00:00

SUN, LONDON, WEDNESDAY EVENING, DECEMBER 21, 1864.

cultivated as part of the collegiate system, whilst
the siudont would enjoy the advantages of that
time,honoured university. Scholarships abound in
the existing colleges of Cambridge, and their re-
distribution, so as to afford encouragement in a
larger measure to modern subjects, would create a
powerful influence in favour of modern languages
and physical science over all the public schools of
the country.

shop after 11 o'clock that night, to ask whether the chew
micals he sent were all right,but he did not see Mr Hughes.
If Mr Crowther used all the mixture witness sent him
(which with the pound of manganese purchased at Mr
Mottershead's, would weigh 811 b.) except that produced he
used three or four times too much,

Charles Holt, Mr Hughes's porter, said he served Mr
Morgan's boy with the chlorate of potash and manganese
on Saturday. He seat Gib of potash, because that was all
they had in the shop. Ho took the manganese from a
drawer in the shop which, when empty, was filled from a
large tin kept upstairs. The manganese given to police.
constable Davenport, and handed by him to Professor
Roscoe, was taken from the same drawer. Nothing black,
such as soot or lampblack, was added to the manganese
given to Mr Morgan's boy.

Mr E. G. Hughes, flio volunteered his evidence, said
that he was perfectly certain that nothing but manganese,
the same as that supplied to the policeman for Professor
Roscoe, was given to bfr Morgan's boy. He had no pow-
dered coal on his premises ; lampblack was both lighter in
weight and more expensive than manganese, and as to soot
he had not any.--The Coroner : Not in the chimneys ?
Witness : No ; they were cleaned only last week, Witness
added that he did not think he was accountable for the
state of manganese after it left his shop, especially when it
was not analysed till after the lapse of two days. After
the examinations of Edward Wood, Mr. Morgan's boy, and
police-constable Davenport, Mr Morgan, in reply to the
Coroner, said, that the manganese ho received from Mr
Hughes, and a portion of which was handed to Professor
Roscoe, was not adulterated by him in the slightest degree.
The room was then cleared, and after half an hour's con-
sultation the jury expressed a desire to see Mr Hughes.
The Coroner told him that the jury considered it was proved
that the explosive materials which had caused the deaths of
Mr, Crowther and his eon had been supplied by him, and he
cautioned him that if he had anything to say it would be
written, and might be used against him. Mr Hughes re-
peated that it was tApossible anything could have been
mixed with the manganese before it went out of his shop.
The jury then briefly consulted, and returned a verdict of
manslaughter against Kr Hughes, who was committed for
trial at the assizes. Ihe coroner offered to take bail, which
was furnished.

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT.—LEEDs, Dec, 19.
(BeforeMr Justice Keating.)

His Lordship atten4cd Divine Service yesterday morning
at the parish church. In the early part of to-day his lord-
ship tried cases utterly devoid of public interest.
Patrick Stenson and Joseph Smith were indicted for
robbing Francis Cando of 7s Gd, at Leeds, on the 15th of
October.

Mr Bruce prosecutedi the prisoners were undefended.
It appeared from theevidence that the prosecutor went
on the 15th of October b the Fountain publichouse, in the
Army-road, at about 6 eclock. At that time he was rather
the worse for liquor. 'e found the two prisoners drinking
at the bar with some Nv+men, all of whom were unknown to
him. He told them thalhe lived in the Kindslc-road, which
is about two miles fromthe publichouee. The two prisoners
said that they were goht the same way, and that they were
going to take a cab, aminvited the prosecutor to go with
them. A cab was called, the prosecutor, the two prisoners,
and two women got basks, and two other men got outside.
The cabman was told todrive towards Leeds, which is in a
contrary direction to thi prosecutor's house. When the
prosecutor found this outhe tried to stop the cab, but soon
after Stenson seized tilt prosecutor by the throat, and
another man put his hant over his mouth to prevent him
screaming. He was then bbbed Stenson soon after got out
of the cab and pulled the
lrosee,utor out after him; Smith
jumped out the other side{ The prosecutor cried out "Mur-
der," when a Mr liendalk-an to his assistance, and found
him struggling on the grtund with Stenson. smith then
rushed at him, knocked bin down, and kicked him in the
face.
The jury found the prisilers guilty.

A former conviction haling been proved against Smith,
The learned Judge sentued him to 15 years' penal ser.
vitude, and the prisoner Sknsoa to seven years' penal ser-
v;tude.
Thomas Flint and. Willi Surridge were indicted for
burglaricusly breaking intf the house of Mr Wilkinson, a
mason, living at Bolton-sur_Deane.

Mr C. Foster appeared for tho prosecution ; and Mr
Waddy for the prisoners.

The burglary was commkted with great violence, and the
prisoners were guilty of greet brutality towards the prose-
cutor, and his housekeeper, the only inmates of the house,
The prosecutor oa Thursday, the Bth of December, went to
bed about 10 o'clock, havingexamieed the house. About 3
o'clock he thought he heard'it noise, so he lighted a candle
and went down stairs, but finding all was secure he went to
bed again. Five minutes after he heard a crash, so he got
up again, and as he got to tie bottom of the stairs ho saw
three men, one of whom he ;.lentified as the prisoner Flint.
They Eeiz:d hold of him, aid told him they wanted his
money and would have it. - due of them knocked him down,
and held him by the throativith his head to the ground,
and told him if he spoke hehvould cut his head off. His
housekeeper, Emma Parkinon hearing ,the noise, put her
head out of the window and save an alarm, whereupon the
man who was holding the prosecutor told one of the pri-
soners to go up stairs and cut her throat. The two pi-
smers then went upstairs into the housekeeper's bedroom,
Surridge, whom she knew b 1 sight, held her down on the
bed while Flint ransacked her b.mes, lle then draggel her
down stairs in her night dre#F, threw her down on the floor,
and attemptel to ravighh.c.,,T4as prisoner Surridge asked
her where the money wag kept, and told her he would
murder her in a few minutes if she did not tell hint, At last
the two prisoners and the 'ether burglar were alarmed by
some one throwing a stone through the windo.v, whereupon
they left the house, Flint having taken £ll Gs Gd belong•
ing to the prosecutor.

Mr Waddy set up an alibi on Wulf of the prisoners, and
said the pro.tecutcr was mistaken as to the prisonerp,
The prisoners were respectively sentenced by his Lord-
ship to eight years' penal servitude,

TuEspas, Dec. 20.
(Before Mr JUsiice Keating.)
Manasseh Hanson, a warp dresser, was indicted for the
October last.
wilful murder of David Armitage, at
-Bradford, on the 31
Mr V. Blackburn And I‘.lr,Laseelles conducted the prose-
prisoner.
culttioanp—peiNalrerdC.frFoomstetrhdeeefevnicic.leend,the,
-0 tuat the prisoner and a
young woman named Sarahlktson were going along Leo-
gram-lane, cn Monday night, the 3d of October' about 10
o'clock, when they met three men, named Joseph Fox,Geo.
Dobson, and John Dobson. One of the men was walking
in front quietly, the man Fox stood against
the wall, an
Was in the road, and obliged
Sarah Dobson and the prisoner to pass between them. The
anddp
Johnass ed thempobson
prisoner made some remark to Pox at not going into the
road to let them pass. The three men soon after met the de-
ceased man, David Armitage,and told him to take care of
the man with the woman,
as -e weevery cross, Armitage,
prisoner then shouted out, " I will let thee
ran at said as he
him and struck at his head. Armitage thou
was Pasting, " Well, what is to
Vicdc-oho,
daanes,d r
,d drunk,
shouted out, "Are you going to let him go?" whereupon
Fox ran up to deceased and the tw6 Dobsons ran towards
the prisoner. The prisoner shouted out that if any one
touched him he would shoat...hirs,
as he had a revolver,
Fox on going up to the deceased found him
bathed in blood. A man named Denton heard
the woman screaming, and ran, towards the spot,
and asked the prisoner why he
had stabbed the old man
for," Then the prisoner ran halo the road, and shouted,
"I am ready for six. I have got a revolver; the first man
who touches me I will shoot." The girl. Sarah Dobson,who
is no relation to the men, gave rather a different account of
the matter, and said that as se and the prisoner were walk-
ing. along Armitage pushed her off the path, and on the pri-
soner asking him why he had done it he threatened to
knock his head off, and hit theprisoner, Manasseh Hanson,
in the mouth, whereon Armitage was knocked down by-
Hanson. The girl distinctly stated that she saw no weapon
in the prisoner's hand, 'whereas George and John Dobson
both stated that they saw the knife glitter as ho hit the de-
ceased. A knife was found in a field adjoining, which the
surgeon stated would have produced the wound in the de-
ceased's head. Oa being apprehended the prisoner stated
to the policeman that he had ncrkaifo, and never had one,
and what he did was in his owti defence; and that if any
ono used the knife it was the deceased, for his (the prisoner's)
finger was bleeding. The surgeon was of opinion that the
wound was the cause of the deceaseXa death. A policeman,
who apprehended the prisoner stated that he was far from
sober. The deceased died about one month after. It was
stated by Mr Blackburn in his opening speech that if the
prisoner unlawfully wounded David Armitage with intent
to du him grievous bodily harm, and ho died in consequence
of the wound, he was guilty of murder.
Mr C. Foster contended, on behalf of the prisoner, that
the deceased might have rad with the wound by tho fall,—
Sarah Dobson said he had; that the facts show ho was ex-
cused in striking the deceased, as he had been grossly in-
sulted by the witnesses Dobson and Fox and the deceased;
and that he was justified in inflicting the wound.
The learned Judge, in aumnaing up, said that the three
questions for the jury were,—\Vhether the deceased died
from a wound given by the prisoner. If she deceased died
from a wound given by the prisoner, was it an unlawful
wound ? and the third question was, if they answered the
two first questions in the affirmative, whether they thought
the prisoner intended to do grievous bodily harm ; for that
if they answered all the three questions in the affirmative
the prisoner would be guilty of murder ; but if they merely
thought that he intended to wound him unlawfully, they
would find him guilty of manslaughter; but that they could
hardly acquit the prisoner, as the law said that a person had
no right to have recourse to the use of a weapon unless it
was necessary to defend his life, which could not be said in
this case.

The jury found the prisotter guilty of manslaughter.
The learned Judge, in sentencing the prisoner, said that
he hoped that the sentence he was about to pass on him
would be a warning to other men who were given to drink-
ing, which hAti changed him in a few hours from a man
holding a respectable position, with a good character, into
a felon; but, considering that the surgeon had statcd that
the blow was given with great violence, he must sentence
him to six years' penal servitude.

Mr. Henry Hoare and His " Ten Men in

Limbo,"

.....---- --_..4,,,__-_--..

(From the South Eastern Gazctte.)

At a special petty sessions, held at the Vestry-hall, on
Thursday last, Mr Henry Hoare, ono of the churchwardens
of the parish of Staplehurst, made an application for the
committal for trial at the quarter sessions of Mr John Vidler
Hickmott, postmaster of Staplohurst, for refusing to com-
ply with an order which had been made on him by the
Cranbrook bench of magistrates, at the September sitting of
the present year, to pay a sum of 7s. lid. church rates, to-
gether with 12s. 6d, costs.
Mr Barrow, barrister of the Home Circuit, appeared for
Mr Hoare, and Mr Bennett, of London, for Mr llickmott.
It will be remembered that ten ratepayers of the parish of
Staplehurst were summoned before the bench in September
last for nonpayment of church rates—among them was Mr
Hickmott. None of the ten appeared in answer to their
names on being called, and after the usual proofs of service
of the summonses, &0., their worships made an order on
each for payment of the respective sums demanded, toge-
ther with costs. These orders had not been complied with
and hence the present proceedings. The case caused con-
siderable excitement, and there wore a large number of per-
sons in the courtroom. Amongst these were the Rev. T.
A. Carr, vicar of Cranbrook—tho Rev. J. Spurgeon, the
Rev. E. Bailey, the Rev. R. Shilley, W. Jull, Esq.
Mr Barrow, in opening the case, said there could be no
doubt that if any person was guilty of disobedience to the
order of a magistrate, he committed an indictable offence,
just as much as if he committed felony or misdemeanour,
and stool liable to be committed to gaol fox it, He did not
ask their worships to do this in the present instance—he
stmply asked that Mr Ilickmott might be held to bail
in his own sureties to answer any indictment which might
be preferred against him at the quarter sessions touching
this matter. He quoted two cases in precedent, one in
Russell, and the other the Queen against Biddley, which
was heard in 1846, and judgment delivered in 1847. In the
present case there had been a delay of three months, in
order to give the defendant time to make some arrangement
for the payment of the money, but he declined to pay the
amount. The learned gentleman concluded by asking their
worship to hold the defendant to bail to appear to answer
the charge at the quarter sessions.
Mr 11. J. Ferrate c'erk to the magistrates, presented a
copy of the depositions taken at the September sessions.
Ho proved that five magistrates were then present, and as
defendant did not appear in answer to his name, after being
three times called, the bench proceeded to hear evidenoe, at
the conclusion of which they made an order on the defendant
for the payment of 7s lid, together with the sum of 12s 6d
costs. The practice at the bench, he said, was to issue
summonses in duplicate, one of which was served on the
defendant and the other retained, and both were signed by
the magistrates before whom they were drawn. In this case
two were delivered to Williams for service as usual.

Samuel Williams deposed to having served a summons,
and also a minute of the magistrates' order.
William Peters also served a copy of the order on the
defendant personally on Nov. 30.
Mr Henry Hoare said he was ono of the churchwardens
of the parish of Staplehurst, and it was at his instance that
the information against the defendant in September was
made. He was present when Peters served a copy of the
justice's order on the defendant on Nov. 30, and he de-
manded payment of the sum of 7s lid, and 12s Gil costs.
Defendant did not pay, and he (Nlr Hoare) told him he
would give him a week or 10 days to consider the matter,
and then would call again. He called on the defendant on
Dec. 10th inst., but he did not pay the money.
Cross-examined by Mr Bennett—l believe Mr Hoare
that you then told the defendant you thought you should
distrain on his goods?
Mr Hoarel did so, but I have since altered my mind,
Mr Bennett—l suppose Mr Hiekmott has sufficient goods
to cover the amount if you had distrained on them, sufficient
to pay this sum of 7s 1.141 and 12s Gd costs?
Mr Hoare—l expect he has.

Mr Bennett—You know he has. I suppose you prefer
this course ?

Mr lioare=l am acting under advice.
Mr Bennett—Do you know what the result of this course
may turn out to be ?

Mr Hoare—l suppose I shall get the money.
Mr Bsnnett—You know better, sir. You want his body,
and you prefer sending him to gut to getting the money.
The order made out by the magistrates directs that if the
sum of money therein named is not paid within a certain
time you shall levy and distrain on the c.:efondant's goods
and chattels. What is the reason, sir, that you have not
followed the latter alternative of this order, and made your
distraint P •

Mr Hoare—l have not levied because I did not choose to
do so.

Mr Bennett—l believe, Mr Hoare, that Mr B ickmof tis
one of the ten men (where are the nine ?) of whom you
spoko at the Church Congress at Bristol as having them in
limbo ?

Mr Hoare—Yes, he IE.
Mr IL‘noett—Da you know what limbo moans
l'qr lloarc—l thought I had bot them there.

Mr Bennett—l think your remarks were not very favour-
ably received there, were they ? The meeting rather hissed
at your remarks, did it not, and Canon Girilestone said
something afterwards, I think, about your course of pro-
ceeding not being exactly calculated to bring men into the
fold of the church ?

Mr Hoare—Well, I believe what you say is true; there
wore between 2,000 and 3,000 persons present, and some
little manifestation unfavourablo to my remarks was
made.

Mr Bennett—Under whose advice aro you now acting in
taking the present proceedings? Mr Hoare—Partly under
the advice of Mr Barrow, and partly on my own.
Mr Bennett then said that he had the honour to appear
for Mr Hickmott in this monstrous proceeding, a proceed-
ing which reminded us of a state of things which existed
two or three hundred years ago. The course now taken by
Mr Hoare and his adviser carried us back to a period of in-
tolerance, prosecution, and imprisonment. In all times the
laws had been severe enough, but iu this enlightened age an
almost universal desire was evinced to soften and amelior-
ate all descriptions of punishment. The legislature had, in
its wisdom, framed statutes for the repeal of the laws which,
at one would hang a man for sheep-stealing or such
offences, but Mr Hoare, in taking this proceeding, was pur-
suing a course in diametrical opposition to the times, and
which was analogous to the tyranny of the barbarous
ages. Besides, instead of Mr Hickmott having violated the
law, it was Mr Hoare who had done so, by not obeying the
dictates of the order issued by the magistrates. This order
set torch that if the sum of 7s 111, together with 12s ca
costs, was not paid on demand being made, then a distraint
should be made on the goods and zhattels of the person so
refusing to pay ; but instead of adopting this the only
legal alternative, Mr Hoare came forward and pursued a
course which was contrary to the wishes and feelings of the
enlightened public. The learned gentleman then cited the
cases of two persons who had been imprisoned under proceed-
ings which had been taken in the ecclesiastical court, when
the legislature interfered, and the wen were released, and
steps were takes to prevent a recurrence of such an event
by the adoption of the alternative of distraint. But here
came Mr Hoare, and voluntarily attempted to render that
salutary provision odious and abortive ; and why did he
(Mr Hoare) select Mr Hickmott as a victim,to his bigotry
and intolerance ? Simply because ho knew that as a public
man and• a servant of the Government his imprisonment
would be likely to prove more fatal than to any other
of the "limbo ten." Why had he not selected his (Mr
Bennett's) friend, Mr Jull? Mr Jull would have been most
happy to have gone to gaol, and no doubt he would have
improved his fine, keen, and clear intellect there. But no,
this would not do; Mr Hickmott must be the victim. The
order, however, was bad on the face of it. The rate was
due—that nobody denied ; but there was another church-
warden, Mr Mannering, who was equally entitled to receive
the money with Mr Hoare. The defendant had a right to
go and pay the money to Mr Mannering if he thought fit,
and that gentleman had a right to receive it. No evidence
had been brought before the court to,prove that the money
had not been paid by the defendant to Mr Mannering. He
therefore submitted that they had no locus standi, that the
court could not commit under the order, and that there was
no case before the oourt. Would the magistrates, then,
allow these proceedings of Mr Hoare to be carried out in
order to gratify his peculiar vanity ? Let him (Mr Hoare)
if he liked prefer au indictment at the Quarter Sessions. He
(Mr Bennett) believed that there was not a bishop of the
realm, or hardly half a dozen persons in this country, who
would give countenance to such a miserable course as this
proceeding really inculcated.
The magistrates retired, and after a short deliberation;
returned into court, when
Capt. Oakes said—We have considered the matter which
has been placed before us, and we decline to commit Mr
Hickmott for trial.
Mr Barrow—We only wanted him bound over.
Capt. Oakes—lt is a criminal charge.
Mr Bennett protested against Mr Barrow making a speech
after the magistrates had given their decision.
Mr Barrow—We shall go to the sessions.
The proceedings th,n terminated.

A letter from Oran announces that a mutiny oc.
curred on the 24th ult. on board the English ship Daisy,
lying in the roadstead of Arzew. The captain was wounded,
and obliged to take refuge on land. The English vice-con.
sul at Oran, on being informed of the fact, went to Arzew,
and caused four of the ringleaders to be arrested by the local
authorities. The prisoners were taken to Oran, and there
embarked on the 6th 'inst. on board a steamer bound for
Gibraltar, to be tried by the Admiralty Court there.
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