The Sun.
London, England, 1863-11-26 00:00:00

THE SUN, LONDON, THURSDAY EVENING, NONE MBEI 26, 1863.

LAW INTELLIGENCE---This Day.

COURT OF QUEEN'S BENCH.

:Sittings in Nisi Prius, before Lord Chief Justice Cock-

burn and a special jury.)
THE QUEEN Y, V/HITHURST.

This case, which created considerable interest some
time ago, it will be recollected, was an indictment
preferred by a gentleman named Rogers, a cornet in the
Dragoons, against Mr. Whithurst, a solicitor at the West-
end, charging him with writing and sending a letter of an
extremely disgusting nature, and making an appointment
to meet him at the archway in the Green Park, when, the
prosecutor having communicated with the police, the result
was the present proceedings. An indictment was preferred
against him at the Central Criminal Court, but it was re-
moved by certiorari into this court, and at the sitting after
last term the special jury summoned were in attendance for
eight days, but the case was not mentioned until the ter-
mination of the sitting, and it was made a remanet until
after this term.
The defendant appeared in pursuance of his recog-
nisances.
Mr. Sergeant Shea, with Mr. Sergeant Ballantine, Mr.
Pope Hennessy, and Mr. F. H. Lewis, instructed by Lewis
and Lewis, of Ely-place, appeared for the defendant.
On the jury having been sworn,

No prosecutor appearing or counsel for him,
The Lord Chief Justice asked where the prosecutor was,
and whether he was not represented by counsel ?
Mr. Sergeant Shee said that neither himself nor his
learned friend had heard that any ono appeared.

The Lord Chief Justice—Was any one bound over to
prosecute ? if so, the recognisances must be estreated.
Mr. Sergeant Shee replied that so one was bound over
to prosecute.

The Lord Chief Justice then informed the jary that there
was no case to be proceeded with, and the defendant must
be acquitted.

The foreman of the jury complained that they had been
in attendance for eight days, at the last sitting uselessly.
The Lord Chief Justice asked whose the jury was ?
Mr. Sergeant Shee said the defendant's, and they would
be paid accordingly.
The defendant then left the court with the party of
friends by whom ho was surrounded.

DIVORCE COURT.
(Before the Judge Ordinary,)
BENNETT V. BENNETT.

This was a suit instituted by the wife, formerly a Miss
Fletcher, the daughter of a lady of fortune, formerly resid-
ing at Upton Park, Slough, against Mr. Robert Barker
Bennett, a gentleman of independent means, for dissolution
of marriage, by reason of his adultery and desertion.
There was no appearance, or denial of either the adultery or
desertion.

Dr. Spinks said the present was a case of a very cruel
description. ' The marriage took place in 1856, and the
parties afterwards went to Leamington, St. Leonard's, and
Brighton, and on their return to town he took his wife to
lodgings in Conduit-street, although his residence was at
Bloomfield Lodge, Notting-hill, Bayswater. They resided
together until the end of 1857, and then the last she saw
of him was in February, 1858, except over in Paris, in
1860. He should be able to prove the respondent had all
along been residing with another female, by whom he had
two children,

of 15s. I owards the close of last year plaintiff sent him to
order some oranges and nuts.
Cross-examined by Mr. Butler Rigby, for defendant—
All the other goods are booked. The strawberries and
cream are not. I never had grapes for the nuts and oranges.
Defendant sued me for an account for fruit supplied to me

- .
Miss Alexander, attendant in plaintiff's shop, said that
plaintiff and his wife were invited to take some strawberries
and cream, but it was intended to charge for them.
Mr. Rigby then called his client, who deposed to having
personally delivered certain grapes at plaintiff's shop. Did
not include them in the fruit account because it was a
small affair, and he considered it settled by the oranges and
nuts. As to the strawberries and cream, it arose in this
wa) —when defendant used to call to get a settlement of his
account, plaintiff used to say, "All right, my dear sir, sit
down and have some strawberries and cream." (Great
laughter.) _

His Honour—lt was a ♦ery agreeable kind of bribery.
(Renewed laughter.)
Mr, Rigby—A very agreeable and seasonable kind on
July. (Great laughter.)

His Honour was bound to believe defendant's version
when he found everything booked but these items, and he
should find for defendant.

Mr. Rigby—Now, sir, I apply for costs.
His Honour—Oh no. You have had your strawberries
and crown. (Laughter.)
Verdict for defendant.

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.

A SCENE AT A NIGHT DEN IN THE HAYMARKET.—
Catherine Harrison, a young woman, was charged with
assaulting Thomas Howard, the keeper of a night refresh-
ment house at 51, Haymarket.

The complainant said—l keep a refreshment house at 51,
Haymarket. The prisoner has been in my service, but in
consequence of her conduct I discharged her, after paying
her her wages, and last night she assaulted me.

Nathan Leech, 324 A, said—At half•past eight last night
I was called to the house—

Mr. Yardley—ls it a night house, and the resort of dis-
orderly prostitutes ?

Leech—lt is, sir. The complainant and the prisoner
were fighting, he having hold of her hands, and she having
hold of his hair. The prisoner tried to strike the com-
plainant and to scratch him. At an earlier hour last even-
ing I had been called to the place to separate the com-
plainant and the prisoner when they were engaged fighting.
There was a large mob round the door, and the same scenes
have been going on nightly between the complainant and
the prisoner for a fortnight past.
Prisoner—l lived with him, and when I came out of pri-
son he came after me and took me home with him, and I
lived with him for five weeks.

Complainant—The other night, notwithstanding that
she promised to behave herself, and I was actuated by the
desire to save her, she threatened to thrash us all, and she
did so to rights. I then got rid of her. I afterwards went
out for a walk and then met her, and she asked me to take
her back, and I did so.

AMERICA.

(Per the Heels.)

SOUTHAMPTON, NOV. 25.

The Hamburg and American Company's steamer
Germania, from New York on the 14th inst., ar-
rived off the Needles, at one o'clock to-day.

NEW YORK, Nov. 14.
No engagement has occurred in Virginia or
Tennessee.

General Banks' expedition from New Orleans
has not been heard from, leading to the impres-
sion that Banks may have gono to the mouth of the
Rio Grande, instead of Sabine Pass.

The Texas expedition, which was advancing via
Opelousas, is returning to Brashear City. The
advance of the expedition had an engagement with
the Confederates, in which they lost 60 men and
captured 200 prisoners.
General Foster has superseded Burnside.
The Confederates have captured and burned a
steamer on the Mississippi, below Helena.

Marshal Forey has maintained a strict incognito
here. He has visited General Scott.
The Richmond Inquirer thinks the South
should be informed why ' foreign recognition is
withheld, and whether slavery is the cause or
not.

The condition of the liberated slaves along the
Mississippi is stated to be deplorable.
Subscriptions are being raited for their relief.
In consequence of a reported Confederate con-
spiracy in Canada, General Dix has gone to
Buffalo to inspect the frontier defences.
Mr. Seward has refused permission to the Mexi-
can delegation to recruit troopa in the Federal
States.

NEW YORK, Nov. 13 (Evening).
General Lee is strongly entrenched south of the
Rapidan. General Meade maintains his position
between the Rapidan and the Rappahannock near
Cedar Mountain.

General Stuart's cavalry is still operating north
of the Rapidan.

It is asserted that Lee's army was well fed, but
[1 clad.

An early engagement is expected.
Charleston advices to the 10th state that the
Federals keep up a bombardment of Fort Sumter.
The Secretary of War had telegraphed to the
Mayor of Buffalo that Lord Lyons acquainted
him he had received information of the probable
existence of a Confederate plot in Canada, to seize
the steamers on Like Erie, liberate the pri-
soners in Fort Johnoon, and burn the Lake
cities.

THE CRAWLEY COURT MARTIAL.

EIGHTH DAY.

[The following appeared in the Third Edition of Thc,
Sun" of last evening] :

ALDERSHOT, Wednesday.
The proceedings were resumed this morning, the members
being all present with the exception of Lieut.-Col. Lodder,
of the 59th Regiment, who was certified to be suffering
from an attack of lumbago, which confined him to bed,
and would prevent his resuming his duties at the court
martial proceedings.

Sergeant Major Lilley had not been in confinement, are
you aware of any medical reason for supposing that he
would have died where he did ?

Colonel Crawley objected to the unfairness of the ques.
tion as it had been put.

Colonel Sir A. Horsford—l will put another form.
In your opinion were there any predisposing causes for the
heat apoplexy ?
Witness—Sergeant Major Lilley was an enormously stout
man, and predisposed to congestion.
Examination continued—Witness made a medical report
of Sergeant Major Lilley's case to Dr. Turnbull. (The
report was read, and stated that Sergeant Major Lilley was
37 years and 4 months old, had been in the service 18 years
and 4 months. Disease apoplexy. A strong muscular
man, who always previously enjoyed good health.) Witness
also made a detailed medical report of the case in conjunc..
tion with Dr. Turnbull.
Mr. Syms recalled and produced the copy of the report—
The last paragraph stated that the excessive heat at this
period of the year, and the constitutional predisposition of
the deceased to congestion, the peculiar and painful
circumstances of his position, the serious illness of his
wife occasioning depression of spirits, together with
bilious and nervous derangement, induced by a sedentary
foohsequent upon close arrest in a man of the sergeant
major'se
active habits, probably acted as an exciting cause
ltioprouce the complaint from which he died.
After some further questions upon the report, the Court
adjourned,

SPORTING INTELLIGENCE.—This Day.

(BY ELECTRIC TELEGRIPRO
WARWICK RACES.-MIS DAY.

MATCH.

Phoebus .................................. ........ I
Lufra .............................................
SCURRY HANDICAP (FIVE FURLONGS).

Norma ......
Rockley
Lord of the Manor 3