The Sun.
London, England, 1864-01-04 00:00:00

CENTRAL CRIMINAL COURT,

10-

OLD COURT.
The January sessions commenced this morning. The
calendar contains the names of 66 persons for trial.
The Recorder charged the grand jury, and congratulated
them on the absence of the charge of murder, but he said
there was a charge of manslaughter, and also an indictment
for violence towards a female of the most atrocious descrip-
tion. The charge of manslaughter was against Ellen Keefe,
and the deceased, who was intoxicated, it would appear,
found himself in the company of the prisoner and her hus-
band, and evidently a quarrel took place, when the prisoner
struck him a blow on the head with a pair of tongs, which
resulted in his death. If they should be of opinion that
fatal results followed the blow, no matter what amount of
provocation, it would be their duty to return a true bill.
The other cases required no further remarks from him.
The grand jury then retired to their room, and in a short
time the trial of prisone:s commenced.
Jane. Edwards, aged about 35, was brought into the dock
supported by two of the female warders of Newgate, charged
with stealing a clock value 30s.
No evidence was offered, and the jury, under the direc-
tion of the Recorder, returned a verdict of not guilty.

THE CHARGE OF LIBEL AGAINST THE REV. MR. BIRCH.

Mr. Collins applied fur the postponement of the trial until
next session. A certiorari had been obtained for the re-
moval of the indictment into the Court of Queen's Bench,
upon the usual terms of giving security for the costs. Mr.
Birch had been unable to get the necessary security from his
friends. He was that morning instructed by the defendant
in person, in consequence of his attorney having refused to
proceed with the case. The defendant had not sufficient
means to obtain the attendance of witnesses or to lodge the
certiorari, but he believed he should bo in a position to do
so by next session. Mr. Hawkins and Sergeant Ballantine
had been retained to prosecute, and he found a difficulty in
undertaking the defence at such short notice. No injury
would result from the postponement, as there was a third
indictment against the defendant at Lewes which could not
be tried until the next assizes.

Mr. Poland opposed the application; as the certiorari
had not been lodge he wished the Court to fix a day for the
trial.

Mr. Collins said the prosecutor had not the witnesses in
attendance, and they could as easily bo brought next session
as the present. Mr. Birch was only a chaplain to a union
with £7O a year, and he had not at present the means to get
his witnesses here at the present time. _ _ _

The Recorder said he did not see any harm would result
from the postponement oft he trial, and he should therefore
order it to stand over till the February sessions.

The defendant's bail was accordingly enlarged until that
period.

WATCH ROBBERY.

John Timms was indicted for stealing four gold watches
and four gold chains. The prisoner is already undergoing
an imprisonment of 21 months at Lewes gaol for a similar
robbery. _ _ .

The property was stolen from the shop of Mr. Keitzain,
a jeweller at Cardiff, and disposed off to Mr. Attenborough,
a pawnbroker, carrying on business in London.
The jury found the prisoner guilty, and
_ _ .

The Recorder sentenced him to three months' imprison-
ment, to commence at the expiration of the first sentence.
Mr. Gifford asked for the restoration of the stolen pro-
perty, and the Recorder directed the purchasers of it to re-
turn it to the prosecutor.
ROBBING THE GENERAL OMNIBUS COMPANY.

.. ...
Thomas Tucker, a clerk in the employ of the General
Omnibus Company, was indicted for stealing £lOO, the pro-
perty of his employers.
The prisoner's duty was to check the weigh bills delivered
by the conductors of omnibuses, and having ascertained
their correctness, to enter them in a book, and transmit
them to the head office for audit. The prisoner, it appeared,
had made out several false bills for a lesser amount than he
had received, and then sent them to the audit office at
Highbury.
The Recorder sentenced him to 18 months' imprisonment
with hard labour.

STEALING PATENT MEDICINE.
Joseph Grassby was indicted for stealing a large quan-
tity of patent medicines, perfumes, scent bottles, hair oil,
&c.—in fact, enough to stock a retail shop.
On being called on to plead,
the prisoner said he was guilty of taking some of the
medicine.

A former conviction was proved against him, and the
Recorder sentenced him to six years' penal servitude.

THE CHARGE OF MANSLAUGHTER.

The grand jury have returned a true bill against Ellen
Keefe.

POLICE INTELLIGENCE—This Day.

In his recent speech in the Corps Legislatif, M. Thiers
made an exception which needed qualification. " Were it
not for the question of Denmark," he said, "I should say
that France is at present the arbiter of peace and war."
Even in the question of Denmark, to this we may reply, it
now depends, and for some time past has depended, on the
Emperor of the French to put an end to all chance of a
conflict. Hitherto England alone has earnestly stood for-
ward as champion of the Treaty of 18.52. That she would
uphold her view of the question to the point of making
war on behalf of the Glucksburg succession to the Duchies,
the Germans do not believe, and hence the attitude
they take. Let France unequivocally declare the
the treaty must be maintained, and you would witness an
instant charge in the aspect of affairs. Nay, lec her but at
once agree to a conference for the settlement of the Danish
question, to be summoned with the least possNe delay, and
I believe that the majority of diplomatists would deem that
question to have lost all its danger and most of its import-
ance, and would cease to busy themselves with it more than
with various others which its present predominance causes
to be almost forgotten. Such a conference, which certain
continental politicans and journalists seemed quite' ecently
to coesider as good as decided upon, is by no means so

nearly settled. Indeed, judging from the general com-
plexion of the information obtainable hero to-day, I am
disposed to consider it as it having been never, since
it first was proposed, farther off from realisation. Eng-
' land refused and wrecked the Imperial project of a
great Congress for general objects; now that she would
fain have a smeler congress for a special object, France is
not disposed to oblige her. We may leave aside the ques-
tion of how far it was judicious on the part of our Govern-
ment, ten days after the death of the King of Denmark had
ensured a speedy crisis in the long-standing disputes with
respect fo the Danish Duchies, to thwart so decidedly (and
as it is at least on the Continent pretty generally consi-
dered), without much pains to spare Imperial amour propre,
a project whose author, we have since had abundant proof,
has felt deeply hurt at its unqualified rejection. The oppor-
tunity now occurs to thwart England's policy, and it is
not lost. It would not be difficult to name certain highly-
placed representatives of the French Government abroad
who give thenselvrs little trouble to conceal the view
taken at Paris, and who even declare that to adopt any
other course would be a niaiserie. The Cabinet of the
Tuileries consoles itself for a past disappointment by en-
joying your present embarrassment. Moreover, there are
at Paris influences that all do not suspect employed
to counteract the project of a conference. Because the
Bismark Government is disposed to maintain the Treaty of
1852, you must not suppose that its agents all assist it in
so doing. The Prussian diplomatists are proverbially in-
subordinate, which is probably due in great measure to the
fact that, even when they are so, they are scarcely ever
punished by removal from their posts, such not being the
custom of the country. Nobody here having the least pre-
tensions to being well informed respecting the ;characters
and tendencies of the public men of Prussia entertains any
doubt that tke Prussian Ambassador in Paris does his ut-
most to oppose and prevent the efficacious support by
Napoleon of the Treaty of 1852. In London Count Bern-
storff is equally well disposed to work in the same clinic
tion, but his efforts have not the same chance of pro-
ducing any effect (at least upon the constitutional
advisers of her Majesty) as those of his colleague in Paris.
Meanwhile events pursue their inexorable march, regard-
less of those optimists who all along have based their cal-
culations rather on what ought to occur than on what
might occur. We know very well that the Federal com-
missioners and soldiers went into Holstein bound, while
taking the places of the Danish Government and troops,
strictly to maintain the status quo. And we see how they
have done so. Prince Frederiek of Augustenburg has been
everywhere proclaimed, the functionaries that remained
faithful to the Copenhagen Government have been
displaced, and some of them have been fain to fly for
safety's sake, German sympathisers are at liberty to flock
into the country, and daily do so, while the prince himself,
allowed to enter and allowed to remain, coolly inquires
whether his presence and proclamation as Duke of Schles-
wig-Holstein do not remove any further occasion for the
execution. The Saxons and Hanoverians, together only
12,0 A in number, and obnoxious to a grave suspicion of
being quite untrustworthy were they called upon to act in
repression of Augustenburg pretensions and partisans, are
now stationed along the Schleswig frontier; the Austrians
have got no further than Elmshorn, quite in the south-
west of Holstein, at a short distance from the Elbe ; the
Prussians are at Lubeck and in that neighbourhood, and
have net yet entered Holstein. A glance at the map will show
you what a very large part of the Duchy is unoccupied by any
Federal force worth speaking of, and, consequently open for
the proceedings of the Augustenburgers,who may there raise
troops, drill levies, and do much as they please. It is said
that the Prussians are to be marched in, but it remains to
be seen whether they will prove more disposed than the
Saxon and Hanoverians to oppose the illegalities and en-
croachments Augustenburg agitators.
It is also to be borne in mind, with reference to the pos-
sibility of any sudden attack upon Schleswig, that the Ger-
man portion of the Danish artily is not to be relied upon,
or, better to speak, that it is almost certain to desert
its colours when the opportunity offers—perhaps to pass
over to the enemy, should it be arrayed against it. A
strong proof of this is to be found in what took place at Pion,
where an entire battalion of Holsteiners, 480 men strong.
refused to march into Schleswig. When threatened with
an attack from 3,000 Danes, they still remained defiant.
They had ball cartridge, and they had formed a plan to
throw themselves into Plon and to hold it until the Federal
troops came up. The military authorities appear to have
thought it prudent to yield, and to furnish the men with the
passports they demanded, granting them leave of absence,
in order that they might not, at a future time, be liable, to
punishment as deserters. Having received those documents
the mutineers laid down their arms and departed to their

respective homes.
The Chamber of Deputies is to sit on Monday, but there
is nothing of particular interest in the order of the day, As
regards the loan, and notwithstanding the King's urgent
summons to the Chamber to grant it, there is:chance of its
being obtained. A majority will, perhaps, be found to vote
the Prussian quota to the Fedoral expenditure for the exe-
cution, and also a grant for the defences of the Prussian
coasts. The first item would be but about a quarter of the
amount demanded by Government, and the Chamber, if it
grants it, will do so, not by way of authorization for a loan,
but will require that it, as well as the money for the coast
defences, should be taken out of the 20,000,000 thalers now
lying idle in the State Treasury.

RACING FIXTL

Manchester
FEB.

Harrow
Chelmsford Spring

Nottingham Spring 1
Derby Spring 3
Liverpool
Shrewsbury
Doncaster Spring

Croxton-park 1
Edinburgh Spring .. 2
Abergavenny 5
Thirsk 5

Chester
York Spring
Salisbury ... . 12
Bath

Ascot 7 ..
Hampton l5
Newton
Odiham
Bibury

Newmarket July
Carlisle
Abingdon
Liverpool July
Pontefract

Brighton 2
Brighton Club
Lewes
Readiug
Egli=
Oxford .. 18
York August 23

RES FOR 1864.
U.Y.

1

SEPT:

.lIARY.

Lincoln
Hungerford
.CH.

Warwick Spring l6
Durham
Northamptun 29
Cat terick 3O

IL.
Epsom Spring
Newmarket Craven
Newmarket First Spring 25

Manchester
rarpenden 2O
Epsom 24

Weymouth - 1
Warwick .September 6
Leicester
Doncaster ..
Bre3un .. 19

23
28
NCSthe°e:lkrabssriti°lderg-cleon -Tyn3 ..
Worcest.r (Summer)
Ipswich ..
'LY. •

, INottingham . l9
starnford
Winchester l9
, lSouthampton ..
Goodwood
GUS r.

Plymouth
30
Lichfield 3O
Siocktrai
11evou arid Exeter
Lichfield 3O

OCT,

Northallerton 6I
NGwmtrket Second Oct lO
NOvE:

Richmond
Monmouth
Manchester Autumn
Nun; market First October 27

ISEIt.

Gloucester
Newmarket Houghton 24
;MBER.

Shrewsbury Aut um

Ii

THE NUMBER OF THE SPANISH ARMY for 1864
has been fixed at 100,000 men.

(REUTER'S TE:GEGRAM.)
SOUTHAMPTON, JAN. 2.
The Royal Mail Compary s steamship Parana!,
has arrived here with the above mails, 76
passengers, £2,300 in specie, 14 packages of
diamonds, and a general cargo. The Parana brings
five prisoners, part of the crew of the ship
Flowery Lana, accused of murder, piracy, and rob-
bery, also two of the crew as witnesses. 'The re-
maining prisoners and witnesses left le,lentevide o in
the siearner Uruguhy, four days before the EnE;tish
mail.

The bark Great Britain, of London, wzs lost on
the Sth ult., when she struck on a rock at the
north-west end of St. Jag°, and went to pieces.
Capt. Bannister, her commander, and 17 cat her
crew and p4.sengers have arrived by the Paranß.
It was rumoured that Flores had defealtd the Go.
vernment troops, and was advancing upon Monte
lUeo. Toe country had 1:.-uff1::od much frcza
drought. Great mortality prevailed among the
sheep. At Buenos Ayres the Congress hal closed.

The National Debt Bill had passed, iortign
claims being adjudicated. The nation WES at pence.
The new wool crop was in the market. The
cotton crops were in a promising condition. Busi-
❑ess was good.

President Mitres' Government was well sup-
ported.

FRAUDULENT TRADE MARKS.

On the Ist of January an important Act of Par-
;iament, the main provisions of which it concerns
all persons engaged in trade of every description to

know, came into practical operation for the first
time. It may be the more necessary to explain the
scope and objects of this statute, since it wes passed
in August, 1862, more than a year ago. The act,
besides, is of a most stringent character with re-
spect to penalties, and by a network of provisions,
carefully devised, aims at the punishment and sup-
pression of any conceivable fraud in the marking of
merchandise and the sale of merchandise falsely
marked. Its short title is "The Merchandise Marks
Act, 1862," and it makes it a misdemeanour to forge
or counterfeit auj trade mark or falsely to apply
any such trade mark, with intent to defraud,
whateser the article to which it may be applied,
whether it be a cask, bottle, stopper, vessel, case,
cover, wrapper, band, reel ticket, label, or any other
thiag in or with which any commodity is sold, or
intended to be sold. Again, it is henceforth an
offence for any one to sell or expose, either for sale
or for any other purpose of trade or manufacture,
articles with forged or false trade marks attached,
the penalty being the forfeiture of a sum of money
equal to the value of such articles, and a sum besides
not exceeding £5 nor less than 10s. By another
provision every addition to and every alteration and
imitation of any trade mark made with intent to
defraud—the intent being of the essence of the
offence in all cases—are to be deemed for-
geries, and punishable as such—namely, in addi-
tion to the penalties fur misdemeanour, by' the for-
feiture of every instrument used for the purpose of
the fraud, and of every article to which such false
mark shall be applied. It is made obligaiory on
every person who shall sell an article having a false
trade mark to give information, on a demand in
writing being made upon him, as to where he pro-
cured it; and power is given to justices of the
peace to summon parties refusing or neglecting to
afford such information, and, in the event of their
persisting in their neglect or refusal, to impose a
penalty of £5. Further, to mark any false indica-
tion of quantity upon an article with intent to de-
fraud, is made punishable by a penalty equal to the
value of the article, and the payment of an addi-
tional sum not exceeding S 5 and rot less than 10s.
This provision will apply, among other cases, to the
familiar instances of pale ale sold in bottles, and of
cotton reels and the like on which the contents are
falsely denoted. A conviction under the power of
the act is not to affect any right or civil remedy to
which any person aggrieved may be entitled at
law, in equity, or otherwise; nor in any indict-
ment, information, or proceeding under its provi-
sions need an intent to defraud any person in par-
ticular be alleged or proved. The punishment on
conviction of any offence which by the act is made
a misdemeanour is to be, at the discretion of the
Court, imprisonment for not more than two years,
with or without hard labour, or by fine, or both
by imprisonment with or without hard labour and
fine, and also by imprisonment until the fine (if
any) shall have been paid and satisfied. The time
within which any action or proceeding may be com-
menced for the recovery of penalties or procuring a
conviction is limited to three years next after tlaecom-
mission of the offence, or one year after its first dis-
covery by the person proceeding. There is a clause
according to which the vendor of an article with a
trade mark is to be deemed to warrant or eontract
with the purchaser that the mark is genuine, unless
the contrary shall be expressed in, some writing
signed by or on behalf of the vendor and delivered
to and accepted by the purchaser. The seller of
an article, too, with a description upon it of its
quantity, is to be deemed to contract and warrant
that the description is true, unless, as before, the
contrary shall be expressed in writing delivered
to and accepted by the buyer. This again
will apply to the familiar examp e among others
of pale ale in bottles on which the contents
are indicated. In suits at law or, in equity
against persons for using forged trade marks the
e)ourt may not only order the article to be destroyed,
but may by injunction command the defendant to
forbear from repeating the offence upon pain of
contempt of Court. A plaintiff suing for a penalty
under the act may be compelled to give security for
costs, and, on the other hand, a defendant, in case
of judgment going in his fa'our, is to have a full
ineemnity for costs. The act is not in any way to
affect the rights and privileges of the Corporation of
Cutlers, nor to repeal or make void any of tho pro-
visions of the statute 59th Geo. 111., cap 7, which
regulates the cutlery trade in England.