The Sun.
London, England, 1852-08-12 00:00:00

EVENING, AUGUST 12, 1852,

huddled together, the guilty and innocent, and it will
hardly be credited that during the week thelr are at
Wells neither the turnkeys nor the prisoners can take
off their clothes. We visited the room in which these
14 prisoners had been confined, anda more disgust-
ing place could not be imagined—a dirty stable would
hare been far preferable.
BRISTOL, WEDNESDAY MORNING.
A letter has just been received from the governor,
stating that Sparrow and Bird have been captured,
and safely lodged in Shepton Mallet gaol, but we have
not yet been furnished with any particu'ars,
The Commission for holding the assizes for the
city of Bristol was opened here yesterdty afternoon
by Mr. Baron Platt. For the first time the clerk of
assize and associate, regularly belonging to the
Western Circuit, have taken their proper seats in this
court, the local associates having been removed. This
augurs well, and we may hope yet to see Bristol
placed in its proper position, having the assizes
twice a year, and a gaol delivery before the judges of
assize on the Western Circuit. There are 19 causes
for trial, four of which are marked for special juries.
The bad ventilation and inconvenience of the court
still continue.

GOODMAN V. HEMMETT.

Mr, Butt and Mr. Barstow were counsel for the
plaintiff; and Mr. Sergeant Kinglake and Mr. Smith
for the defendant.

This was an action for the recovery of 901. under
the following circumstances :—The plaintiff had been
a straw plait manufacturer at Dunstable in Bedford-
shire, and the defendant was a shipowner in this city.
The defendant had advertised the ship Deborah to
sail for Australia, to proceed to the gold diggings.
The plaintiff was desirous of trying his fortune in
those regions, and he went to Mr. Dobbins, the ship's
agent, and secured two of the best berths in the ves-
sel for himself and wife, at the sum of 001., which sum
he paid; but as the plaintiff was anxious that imper-
tinent inquiries should not be made by his creditors,
he transacted this part of the business in the name of
Buckingham and he had determined, in order to
ensure his future success, to procure as many pack-
ages as he could. The creditors, however, became
suspicions, and understanding goods had been sent to
Mr. Dobbins, they telegraphed that gentleman, who,
knowing nothing of Mr. Goodman, telegraphed back
that he had not received any such goods. However,
it was subsequently discovered that the goods had
really been sent by the plaintiff, and a
writ of espies was issued, and it was believed
by the creditors that the plaintiff's travelling
name was Goodwin. The vessel had gone out to
Kingroad, and the officers to whom the writ was
given proceeded to Lamplighter's-hall and inn, near
Kingroad, with the view of going on board the De-
borah at daylight, believing the plaintiff to be in the
ship. The officers got into conversation with the
landlord, and asked him if he had any one in the
house of the name of Goodwin who was about to pro-
ceed to Australia. The landlord replied that he had
no one in the house of that name, but there were Mr.
and Mrs. Buckingham. It would seem that, al-
though this was in the middle of the night, the plain-
tiff heard some inquiries, and thinking that, as the
best way to pay his creditors would be to proceed to
the gold diggings, and that if he went on board at
once there might be a sudden chance of wind, to the
" ultimate" benefit of the creditors, he called out to
the landlord that he desired to leave the house di-
rectly. A person was in company with the officer
who perfectly well knew, not only the person, but the
voice of the plaintiff, and he directly said, " That is
our bird come into our net." They proceeded up..
stairs and took possession of their prim. Mr. Dob-
bins, finding the plaintiff could not go on board, let
the berths to a second class pa4senger, who was on
board, and the ship sailed. The creditors then claimed
a return of the 901., and the defendant, who was the
owner of the ship, refusing to pay it, the present ae.-
tion was brought for the benefit of the creditors.
The legal proof in the case, according to the opi-
nion of the Learned Baron, failing as to the contract.
Mr. Sergeant KINGLAICH ad iressed the jury upon
the breach of it by the defendant, contending that
there was no proof of the berths having been let to
any one else, or that the plaintiff ever claimed them.
The Learned BARON, in summing up, observed
that that plaintiff had never presented himself at any
time to take possession of his berths, and, there-
fore, until he did so, there could be no breach, and
there was no evidence of the berths having been let
to any one else.
The verdict was therefore entered for the defendant.
A bill of exceptions to the ruling of the Learned
Judge was tendered.

CHESTER, Wednesday. Aug. 11.
CROWN COURT.—(Before Mr. Justice CROMPTON.)
Elle* Roberts, aged 24, was charged with the wil-
ful murder of her illegitimate child on the 7th of May
last. The prisoner pleaded "Not Guilty."
Mr. Davison appeared for the prosecution, and Mr.
M'lntyre defended the prisoner.

From the statement of the case by the Learned
Counsel for the prosecution it appeared that on the
26th of April last, the prisoner, who was then residing
as a domestic servant in the house of Mr. Hughes, at
Liverpool, was delivered of a male child, and that on
the Bth of May she took the child away from lodgings
in which it had been placed, and, under the pretence
of taking it out to nurse, conveyed it from Liver-
pool across the Mersey, to Bidston-marsh,
where she left it. The child was found the same
afternoon, about 5 o'clock. It was taken to the house
of the overseer of Bidston, where it died at 6 o'clock
the following morning. The Learned Counsel hav-
ing detailed all the facts of the case, called several
witnesses. The principal evidence was that of
Rose Ann Smith, who stated that she was a char-
woman in the house of Mr. Hughes, builder, of Park-
street, Liverpool. After deposing to the birth of the
child on the 26th of April, she said that on that day,
in the course of a conversation between Mrs. Hughes,
the prisoner, and witness, the prisoner said, speaking
of the child, " I will never give it suck or pull my-
self down by it. I will soon get something to banish
suck from me." Mrs. Hughes then said to witness,
" Well, Mrs. Smith, if she will not take to the child,
you take it home and take particular care of it."
Witness then took the child to her house, and it re-
mained there 12 days. On the 7th of May, wit-
ness went to the lodgings of the prisoner, who had in
the mean time left the service of Mr. Hughes. Pri-
soner asked witness to let her have the child, as she
wanted to take it out to Bootle to nurse for 3s. a
week. On the following day witness met the pri-
soner by appointment and gave her the child. The
next morning witness again saw the prisoner, who
told her that she had left the child very comfortable
with a good nurse at Bootle, and paid her for a
quarter in hand, at the rate of 33. a week. On the
Saturday week following, seeing an account in the
Liverpool Courier of an inquest which had been held
upon a child found on Bidston-marsh on the same
day on which witness gave the deceased child to the
prisoner, with a description of the clothes worn by
the child so found on Bidston-marsh, curiosity led her
to go to the authorities, who were in possession of
the clothes, when she identified the clothes as the
same which the prisoner's child had on when witness
gave the child to her. Upon this, witness gave in-
formation, and the prisoner was taken into custody
at her lodgings in Liverpool. In the presence of the
policeman who took her into custody, witness asked
the prisoner what she had done with the child, when
she replied, " I never had a child."
In cross-examination the witness said she under-
stood that Mr. Hughes's son was the father of the
child.

Several other witnesses were called, one of whom
was a labourer employed on Bidston•marsh on the
Bth of May. He said he saw the prisoner on Bid-
ston-marsh on the Bth, with something in her arms
which he thought was a child. Ocher witnesses de-
posed to seeing her on Bidston-marsh and in the
neighbourhood on the afternoon of that day. The
surgeon, in his evidence, stated that the child found
on the marsh died from exposure and want of nourish-
ment.

Mr. M'INTYEE then addressed the jury on behalf
of the prisoner in an eloquent and ingenious speech,
contending that the capital charge could not be sus-
tained. He admitted that the prisoner had at least
been guilty of great negligence to her offspring, but
be thought the jury must stop there, and decline to
find her guilty of a murder.
His LORDSHIP summed up, and pointed out to the
jury the law as it applied to the case before them,
showing the distinction drawn between what consti-
tuted murder and what formed manslaughter.
The jury found the prisoner Guilty of ,
man-
slaughter, and she was sentenced to seven years
transportation.
William Thomas, aged 23, was placed at the bar,
charged with the wilful murder of his mother, Eliza-
beth Thomas, at Prenton, near Birkenhead, on the
31st of July last.
The prisoner pleaded "Not guilty," and o n being
placed at the bar his countenance did not indicate a
i any
of those symptoms of insanity which have been im-
puted to him. He maintained a stoical indifference
to his situation as the trial proceeded, but occasionally
looked frowningly on the different witnesses, and
several times cast expressive glances at the Learned
Counsel and the witnesses when particular questions
were asked, as if taking especial interest in them.
Mr. DAVISON stated the case on behalf of the pro-
secution, the court being unusually crowded at the
tune. He said that the prisoner at the bar was in-
dicted for the wilful murder of Elizabeth Thomas
and it was his painful duty to tell the jury that the
deceased Elizabeth Thomas was his own mother. It
was right, however, to relieve their naiads from the
painful feeling
which the bare mention of such a
crime was calculated to excite by telling them
that neither himself (the Learned Counsel) nor
those who instructed him had any other object in
view than to lay the case for the prosecution fairly
before them. There was good reason to doubt
whether at the time that he took the life of his

mother he was not of unsound mind, and sn not
criminally rest) I I
of mind, as perhaps, they all knew, was ground for a
defence in crime such as this, but at the same time it
was his duty to tell them that it was a defence which
should not be lightly entertained nor lightly yielded
to, for every man was supposed to be of sound mind
until the contrary was proved, and for the repre&sion
of crime, and fur the satisfaction of all, it was neces-
sary that when such a defence as this was set up or
arose in the evidence, it should be tested by a full and
fair public inquiry. The jury would have evidence
laid before them showing them what was his state of
mind belore this sad event. The prisoner's brothers
and two medics' witnesses would be called before
them, and from them it would be proved that the de-
ceased came to her death by the hand of the prisoner;
and that being so, it would be for the jury to say
whether the prisoner at •hat time was of unsound
mind or not. The Learned Counsel then detailed the
facts of the distressing event, which have already ap-
peared in the public prints. Toe deceased, Elizabeth
Thomas, was a poor widow women, residing in a cottage
at Prenton, near Birkenhead. There resided with her
in that cottage the prisoner and his two brothers,
Samuel and Joseph—one (Joseph) grown up, and the
other (Samuel) a little boy, aged nine years. About
eight o'clock on the evening of Saturday, the 31st of
July, the prisoner and his brother Joseph had gone
out. About nine o'clock the prisoner returned home,
and at that time his mother was sitting up in the
house. The prisoner asked his mother what she was
sitting up for, when she replied that she was sitting
up for Joseph. The prisoner on this said that he
would sit up for Joseph, and told his mother to go to
bed. She then went to bed, taking the little boy
Samuel with her, and they slept in the same bed.
Some time after this the mother and the little boy
being asleep, the bier was aroused by something press-
ing against him. This awoke the boy, when he eaw
the prisoner in the bed, with a candle in one hand and
a razor iu the other. The prisoner got upon his
mother, pressed his knees against her, and cut her
throat. He then took the little boy to another room,
and afterwards, as they would hear in evidence,
carried the body of the deceased out of the house,
and buried her in the garden. About twenty minutes
to eleven o'clock the prisoner's brother Joseph re-
turned home, when the prisoner, who was upstairs,
shouted out, "doe, is that you ?" The brother re-
plied, " Yes." The prisoner then said, " Joe, I've
killed my mother, and buried her in the garden i've
made her comfortable, and she will be better off now.
Don't you say anything about it." The Learned
Counsel then related the circumstances connected
with the alarm raised by the brother of the prisoner,
the finding of the body of the deceased buried with
the bed clothes in the garden, her throat being dread-
fully cut.
_ _

Several witnesses were called who deposed to all
the facts, and the surgeon's evidence having been
heard, the jury intimated that they were satisfied of
the prisoner's insanity, upon which the Judge (per-
fs,ctly agreeing with them) directed an Acquittal on
that ground.

The Stockport oases are fixed for to morrow
morning.

POLICE INTELLIGENCE.
MARLBOROUGH STREET.
Captain Aohrley was summoned before Mr.
Bingham to show cause why he detained certain
papers belonging to Pierre Banquet, an Indian chief.
The complainant, on previous application at this
court, explained to the magistrate that be had certain
claim, upon, or representations to make to, the Colo-
nial-office on behalf of himself and tribe, relative to
certain lands of which they had been dispossessed;
that he had come to England about thirteen months
ago to prosecute those claims; that, unluckily, he
was seen in the street on his way to the Colonial-
office by Captain Ackerley; that he was induced to
place himself and p pere in the hands of Captain
Ackerley, who undertook to use his influence with
Government to get justice done to himself and people ;
that he had discovered, after some months' delay, he
had made a mistake in allowing Captain Ackerley
to have anything to do with his business; and that,
being now desirous of returning home, he had applied,
but in vain, for the restoration of his papers, some of
which were official.
Captain Ackerley came to the court at an early
hour, and obtained summonses against several gentle-
men connected with the Colonial and Government
offices. The only summons which Police-constable
Roberts could serve was a summons addressed to a
gentleman named Elliott.
At three o'clock, Captain Ackerley having made
his appearance with a considerable number of papers,
Mr. BINGHAM requested he would tell him shortly
why he detained the papers?—Captain Ackerley
proceeded to say that in Issl he met the man Pierre
Basquet in the street, and bearing in mind that in
1820 he had been sworn in sponsor for the Indians ;
that on the occasion of taking an Indian to the Bay
of Exploits he had been told to pull off his uniform,
and to perform service as a clergyman, that he had so
performed service for some time, but in consequence
of the Indian being turned out into the open air,
death ensued ; and having sent a report to Lord Dal-
housie, and afterwards received his commission as
lieutenant, he came to England, and was put into the
rules of the peace for Middlesex and Worcester.
At this point of the story Mr. Vaughan interposed,
and reminded the Captain it would be advisable to
come to the case of Pierre Basquet without further
delay.
Captain Ackerley said, he saw Pierre Basquet in
the street, and, being of opinion his duties as Indian
sponsor came into requisition, he took charge of the
applicant's business. He corresponded with the Co-
lonial-office, and ascertained that Earl Grey bad re-
cognised the position of the applicant, giving him the
medal he then wore, and a union-jack to hold as his
emblem of authority, connected with the fisheries.
Being desirous that the correspondence should be con-
ducted in a regular way he had taken charge of it.
Some of the correspondence was regular, and some
irregular. In some of the letters the applicant was
described as " Bosquet," and in others as " Basquet."
The consequence of this was that the American Go-
vernment would not recognise him at all, and refused
to defray about 2001. expenses, to which he (Captain
Ackerley) had been put for the maintenance of the
applicant, and for the proper prosecution of his claims.
He was, however, desirous of carrying out conscienti-
ously the trust confided to him, and only waited for
the magistrate's orders to give up the papers, as he
was anxious to prevent an impression from going
abroad that he had thrown the man off, and had acted
unfairly towards him.
Mr. BINGHAM—YOH do not approach the point I
have to decide. You detain the papers of Pierre
Banquet, and you must show me some reason why you
do so. I presumed the reason you would offer would
be that you had done some meritorious services, and
that you detained the papers until you were paid.
Captain Ackerley—That is the real meaning of the
thing.
Mr. BINGHAM—WeiI, then, as I have correctly
surmised the truth, there is an end of the matter. No
person has a right to detain papers for expenses in-
curred except an attorney for expense in a suit of law,
and you are not an attorney.
Captain Ackerley—Oh, but I am an attorney.
Mr. BINGHAM—Not an attorney such as the law
contemplates. If you have any claim for expensesyou must proceed in a civil court. You cannot de-
tain the papers on that ground.
Captain Ackerley—l have no claim against this
man. My claim is against Government for mileage.
Mr. BINGHAM—Then my decision is, that you give
up the papers. You have shown no right to them,
and it is not disputed they belong to the applicant.
Captain Ackerley immediately restored the papers
and then asked if he was still bound to maintain the
applicant ?
Mr. BINGHAM said the applicant bad no claim upon
Captain Ackerley for maintenance. The course for
Captain Ackerley to take was to deliver the applicant
to the relieving-officer, who would no doubt do his
duty.
The chief having expressed no reluctance to accede
to this proposition, Captain Ackerley left the court
with him.

A well-dressed young man,
MARYLEBONE.
a foreigner, who gave
his name Ferdinand Joussen, and said that he was a
Swede, was placed at the bar before Mr. Broughton,
charged with having stolen a valuable gold watch, the
property of Mr. Cornelius Heseltine, residing at No.
12, Nutford-place, Edgeware-road ; and it will be
seen from what transpired in the course of the in-
quiry, that a more serious charge with regard to for-
gery will, in all probability, be brought against the
.prisoner on a future day.
The prosecutor, on being sworn, said—The pri-
soner came to my house last Thursday,
and I agreed
for him to board and lodge with me. I keep a lodg-
ing-hause. He brought no luggage with him, and
alleged that he had lett it all at a private hotel at
Black wall, where he had for some time been staying,
and that it was there locked up. He told me that he
had been a merchant's clerk, and was looking out for
another situation ; and, from his gentlemanly and
plausible manner, I believed his representation to be
correct. Yesterday morning he came down to me in
the kitchen, and asked me what the time was and
it was •
on taking my gold watch from a drawer and looking
returned it to the drawer,. and prisoner, after
at it, I informed him that half-past nine.
taus. He soon afrerwards
thanking me,
and, taking, up a ne
came down again,wspspar, seated
went upstairs.
himself in a chair near the drawer I have spoken of.
He commenced reading. He was thus employed for
somewhere about half an hour, during Which period
I did not remain all the while in the room, being
otherwise engaged. He (Prisoner) at length got up,
and, shaking hands with me, bade Me good by, say-
ing that at one o'clock he should be back to dinner.
In an hour after his departure I opened the drawer,
and found that my watch was gone.

Mr. BROUGHTON—Did the primaries. retire ? Pre-
sectitar—Lie dot not, s our Woeship.
Mr. BROU6IITOIN—What value do you put upon
your watch ? Prosecutor-20/ It cost me 241.
George Rich, a young man who had also lived at
prosecutor's house, said—At a late hour last night I
saw the prisoner go into sn oyster-shop in the Her
market, and, having
called a polio: man, I gave him
in charge. He then said that he knew nothing about
the watch which he at the time was accused of having
stolen.
Mr. BROUGHTON inquired if the watch had been
found, snd he was replied to in the affirmative.
George Joseph Norton, manager to Mr. Thurle,
jeweller, &c, Yeet-strset, produced a gold watch,
which was ide aified by Mr. Heseltine as being the
one stolen from his kitchen.
Mr. BRoUGHTON (tO witness)--1-16 w did you be-
ceme possessed of this watch ? Witness —Yesterclai
evening, about five o'clock, the prisoner came int°
our shop and offered it for sale for 91. Mr. Dar'?
refused to give him that sum, and offered him 61.
103., which he took He said he was from the enn!",
try, and bad spent all his money, but be expeeteu„
more soon, and requested to know whether be could
have the article back again,
calling with the cash he had received, and point; I 5.
more for the accommodation.that ?
Mr. BROUGHTON—What answer was given to ..
Witness—We observed to him, ~ yes, if we abouhlne
happen to have it by us." The price we gsYe flo,:cit
watch is the value of the cases, which we weig— a ,
in the event of his shortoly
Smith, 340 A—l took the prisoner into custoelss
froja information which I received from the vlitliaat
Rich. He denied all knowledge of the robbery: his
the station-house I searched him, and found 113ale° a
possession nearly U. in gold and silver, as
printed bill, the
The bill was here handed to the magistrate;following is a copy :____ --A
foreigner who has called himself A.
. Cautton—To Bankers, Merchants, and other°. •-s
recently uttered several forged letters of credit Pur,,P°o-
- to be signed by a respectable mercantile &m ill feetDin,
about 8 s
mark. He is about 24 years of age, height
7 inches, stout built, fair complexion,t plausible 1135_,Ilveror.
andfi address. lie has the appearance of a clerk, 501 se
?83iits to be in the employ ofrespectable foreign ^ll
a d Dr
by whom the letters of credit purport to be issileaa'atir
forir tt ' A tam concerning any person answering the dal a.
tine, is requested to be given to Messrs. Bush an
---11
lens, 7, Mildred's-court, Poultry." A A very
(The appearance of the prisoner corresponded tee
closely to the description given in the bill as to
-
person " wanted" for the forgery.) 11. Schroder, has
been to
Mr. -BROUGHTON (to witness)—Have you _,.
the office of Messrs. Bush and Mullens ? Witness to
I have, your worship, and have communicated are
them all the facts that I am in possession of; they re,
desirous of writing to persons on the continent inot 5
ference to the affair, and if your worship will grew,
remand, one of the firm will attend on the nest
"
urination. aa usual
The prisoner, after being cautioned in tui:l„ in
manner, was asked if he wished to say any be
answer to the charge of stealing the watch/ ,se
replied, "I did take it, and got Of 105. for it: not.
The prisoner stands remanded till Wednesday bad
The constable has ascertained that the prisoner.goe
for some time been staying at the Hotel d'Alleiplee,
et du Commerce, Leicester-street, Leicester.o4llloo
where he said he was an offioer in the Spanisb erwbo
and gave his name Wessenberg. A
was with him at the hotel alluded to, and vibe relice,
sensed himself to be an ( fficer in the Russian se`' to
had paid a bill which they had run up asountlgtio
11 /. odd ; the bill was, with the printed descriaPer's
one previou.ly tpsken of, taken from the prin3Potei
pocket at the station. The proprietor of the bed
said that the prisoner, while staying with bin], beep
pulled down one of the printed bills which 112"
gentlest:On
re_
put up in a conspicuous place on the premiso•

.--
THE COUN TR 1 itlAkaaj
market
LIVERPOOL, AUG. 10.—The attendance at the' ,itla
tt:-dakwas fair, and the weather t)eing still unsettlee, spa
the advance at Kirk lane, causal holders of wbeteel
fl •ur to ask an advance of 3d per 701ba, and Is Pe,r Hero
r ap, ctively. Buyers acted with caution, and sale' -
tbe spot
ac
slowly eff,oted at this advance. Indian corn oe
'Nita neglected; !Lusting cargoes were still inquired foe
the extreme rates of Friday. lied
LEEDS, AUG. 10.—We were moderately saPP he
with a heat. The reports of blight and milde,via„in„tia
southern counties were fully confirmed. TOO eul—The
Mark-lane did not cause any great aarivitf b for
weather during the past week has been &vows ad.
the crops. Holders were, however, firn" and dan
estahlisbe 0
Vance of nearly 2a. per quarter Was
Beans steady. pate
business done. Barley nominal.
and other articles unaltered. to
There werehia
EDINBURGH MEAL MARKET, ALTO. I°*"."
the meal market to-day 4 sacks oatmeal, each Weig E 0
8 Od
to t7os at 11
2801bs. imperial, which sold thus —1 at 1/ Qs, i
Oat strilaßuß.l/ 7s 9d 0..12t1b09:.....
H HAT AND STRAW MARKET, Agil. 00
antn2iat 117 s ; average price of the whole here.ie
wheat ditto, drtio,ro6ms
od7
Hy, from 9d to lld per stone ; new ditto, 6id to 84. ~. ill
DALKEITH MEAL MARKET, AUG. 9. There W—
se
the market to-day 56 bags of oatmeal 15 of barley.irtea/e t.
80sd0;cl
bpaerrlekyemdipttleo,ofssl66adtetoneso 6d.
2of potbarley. There was no peasemeal or flour in marks
Oatmeal down 6d per bag on the top, is on the second Prin
and 4s €d on the lowest price. Sales dull for oatmeal ; 9 ""P
barleymeal unsold; the 6 bags sold was of inferior quality.
Ord
Oatmeal, per sack, of 280 lbs. First 6econci O
imperial 28s Od 27s 05 233 6a
Barley-meal, per ditto .—sOd—s Od
193 od
Peasemeal ...
--s Od —s Od --0
Flour ... ....: ... ...—a Od ...-0 Od
Potbarley ... ..... ::. —s Od —s Od .....5

a...--YESTERDAY.
he close of the market!.
Haswell ..... .. ........... 1
48 93
s 3d
Lambton ......•• . 14s 9d
..... . 1
Russell's Hetton .....
Stewart's •• ••.
15s Od
Shotton (unscrewed). 13s oa
Hartlepool ............ 14s 6d
South Hartlepool ..... 14s 3d
South Kelloe .......... 14 OS
Thorniey
................. 149 01
!4?.l.lwentwaterHartley 14s Od
"`°n'a Merthyr and A 4
Cardiff -
;t, 62 ...Sold, 53 ....