The Sun.
London, England, 1863-07-29 00:00:00

THE SUN, LONDON, WED 4 ESDAY EVENINqi JUL ir 29, 1.863,

LAW INTELLIGENCE—This Day.

SECONDARIES COURT.
(Before Mr. Potter and a Common Jury.)

EXTRAORDINARY FALSE IMPRISONMENT CASE.-START-
ING DISEOSERES.-X.A.CN.A,D 7. EEREDAY AND AN-

OTHER.

This was a writ of inquiry sent down from the Court of
Exchequer to assess damages laid at £l,OOO in an assault
and false imprisonment case.
Mr. Kenealy appeared for the plaintiff, and Mr. Sergeant
Ba)lantine for defendant.

Mr. Kenealy, in opening plaintiff's case said,--My client
is the public accountant of the Oriental Banking Corpora-
tion of Threadneedle-street, one of the defendants, Mr.
Fereday is an attorney of Bedford-row, and the other Mr.
Martin is a bill discounter. In last year a bill to which
plaintiff was a party, came into the hands of defen-
dants who sued him upon it ; plaintiff, by his
attorney, obtained permission to plead, as he had
a good defence to the action. Notwithstanding this, a ca. 84,
was lodged in the hands of a sheriff's officer, and defendant
was arrested. He told the officer that he was protected,
but the officer (Mr. Hilliard) relined to Helen to anything.
Mr. Evans (plaintiff's attorney) was sent for, and he ten-
dered the money under protest. Mr. Hilliard refused to
receive the money, and said he had instructions to take
plaintiff to Whitecross-street. After some delay, the
officer allowed plaintiff to remain at his offices anti! a settle-
ment was arrived at. Defendants were communicated with'
at 7 o'clock, but plaintiff was not released till 10 at night
Defendants will say this is a mistake, but you, gentlemen,
will, I am sure, protect an officer in a public situation from
such indignity and harsh treatment. I ask you to give sub-
stantial damages for a most unwarrantable and unjustifi-
able outrage.

Plaintiff was called; and fully bore out the statement of his
learned counsel.

Cross-examined—l receive £9OO per annum from the
bank. I also carry on business as a paint manufacturer at
Hill-street, Finsbury. I carry on that business as Sinclair
and Co. The bill on which I was sued was for £7O,
I do not know if it was accepted in the name of my firm-
I know that it purported to be signed by Sinclair, Roberts,
and Co.

The learned sergeant commented strongly on plaintiff's
contradictory evidence.

Plaintiff—l saw the that bill was accepted by Sinclair,
Roberts, and Co. on the summons. I do not know that
there are thirty or forty bills out signed by my
firm. 'there are some. I have taken no steps
about them. The bill I was sued on is a forgery,
but I have made no inquiries as to the person whom I sus-
pect. Roberts is my clerk, at a salary of £2 per week. He
never was my partner. Roberts may have drawn and ac-
cepted bills with my full consent. He has not done so since
January. There were trade bills before that time drawn in
Roberts' name and circulated by me. There may have
been. I know of no instances. I cannot recollect. I have
never taken up bills drawn by Roberts. They may have
been taken up by my firm. All the bills you show me are
in the handwriting of Roberts. I kept a bill book. I have
not brought any of my books. My attorney advised me not
to do so. These bills were never entered in icy books. Mr.
Elliot, my new clerk, carries on the business for me now.
Roberts left me in February. I saw Roberts two days
ago. Up to January my firm was Sinclair, Roberts, and
Co., now it is only Sinclair and Co. I now assert that this
bill is a forgery.

Mr. Sergeant Ballantine—Roberts is in court. Why do
you not give him into custody ?

Plaintiff gave no answer.
Mr. Hilliard proved arresting the plaintiff.

Mr. Kenealy said that the wrong sustained was grossly
exaggerated ay the line of cross-examination pursued by
defendant's counsel. Defendant had admitted the wrong,
and is was not right to mystify and transmogrify the jury.
Mr. Sergeant Ballantine, in a very powerful speech,
stated that the whole affair arose out of the mistake of
plaintiff,
bat if plaintiff's attorney had only acted courte-
ously, andy th
e plaintiff, given due
iogfhtth the
haveenteringbe
of the appear-
anceeavoided, The
learned sergeant then commented very strongly on the fact
that all the plaintiff had was £9OO a year at the bank;
he was ca' Tying on a different business under a name not
h:s own, Roberts, although only a clerk in plaintiff's em-
ploy, was set forth as a partner, and Roberts had put out to
the world bills of exchange as the bills of the firm. Honest
men had parted with honest money on those bills, and the
owner of the firm repudiated them. But Roberts had not
been given into custody, or a very different state of facts
would have been brought out. What he (the learned ser-
geant) set out was that these bills were the plaintiff's. He
boldly said that the whole matter was a shuffle from begin-
ning to th 9 end, and a farthing would be quite enough for
the plaintiff, who had given his evidence in his own
manner.

The learned Secondary briefly summed up, and the jury
awarded plaintiff £5O damages.

One of the jury was challenged by defendant before the
case was opened, and he was directed to retire and give
place to another juryman.

POLICE INTELLIGENCE—This Day.

GUILDHALL.

ROBBERY BY A SERVANT.—CharIes William Terry, a
respectably dressed man, was placed before Alderman
Phillips, charged with robbing his employer.
Mr. Barnes, of the firm of Knell and Barnes, 18,
Basinghall-street, said the prisoner was in their em-
ployment as warehouseman. This morning four pieces
of alpaca, valued at about £ll, were missed, and
from certain circumstances the prisoner was asked whether
he knew anything about it. He denied all knowledge of
the property, but afterwards he said he wished to speak
privately to him. He then acknowledged taking three
pieces of stuff, and offered to pay for the goods. This was,
of course, refused.

Sergeant Funnel], of the City detective force, took the
prisoner into custody on the above charge. On searching
him a number of duplicates were found, some of which re-
lated to stolen property. He had not had time to procure
the attendance of the brokers.

Alderman Phillips asked the prisoner what he had to say
in answer to the charge.

The prisoner replied he could hardly think it could be
called stealing, as he had offered either to pay for the goods
or produce them within an hour.

Alderman Phillips—But you had no business to take
the things away.

Sergeant Funnell said there were other cases against the
prisoner, and therefore he should not ask for a remand
until Monday next.
The application of the officer was granted.

and got away from the parson, and an Cane, a con table,
coming to my assistance my prisoner (Hepburn) knocked
the constable's hat off and then struck him three or four
times on the face with his stick, at last breaking it. On the
way to the station lrepburn struck me two or three times
but did not hurt me much.
Hepburn—He has told a deliberate lie when he says he
was pinioned from behind. I told a friend to rescue me,
but not to strike you.

Wm. Cane, 35 C, after corroborating the previous wit-
nesses, said—l was struck three or four times in the face by
Hepburn, who called out, "Jack, rescue me."
Mr. Mansfield—What became of "Jack ?"
Hepburn—There didn't happen to be a " Jack" in our
party. We did not say we wanted another Cremorne row,
but that the police wanted it.
Mr. Mansfield—You have not done very great damage to
the police, or I should have felt it my duty to have dealt
very severely with you. For this piece of folly you must
pay 40s each, or a month in default.
Mr. Michael Wm. Balfe, of 69, Great Portland-street,
gentleman, and Mr. Theophilus Harris, 9, Bell-yard,
Doctor's-commons, solicitor, were charged by Alwood,
186 C, with behaving in a disorderly manner and causing
a crowd of persons to assemble in Coventry-street.
Mr. Mansfield said he considered the punishment the
defendants had undergone in being locked up sufficient, and
discharged them.

WESTMINSTER.
LAWLESS AND SERIOUS OUTRAGES BY BOYS.—Michael
Rearden, a ragged urchin about 11 years of age, was
charged with stealing fruit from a garden at Thames-bank.
Mrs. Hannah Harris, wife of an inspector of the London,
Dover, and Chatham Railway Company, said that she re-
sided at Thames-bank. Yesterday afternoon the prisoner
came to her garden, and went up into the pear tree, where
he picked the fruit and threw it down to his companions.
Mr. Arnold—There were others there ?

_ -
Witness—A number of other boys.
Mr. Arnold—Did you tell them to go ?
Witness—Yes, but it was no use. I told the prisoner.
Mr. Arnold—Do you know anything of the prisoner P
Witness—l have seen him in our garden repeatedly. He
was there several times yesterday, and I endeavoured to get
rid of him, but could not. When he was not on the tree
picking the fruit, he and the others were throwing stones
at it.

Mr. Arnold—Why don't you keep them out of your
garden ?

Witness—We can't. I wish we could, for every thing is
destroyed. and I am afraid of being severely injured.
Mr. Arnold—How do they get in!

Witness—Sometimes by the gate, but they have no occa-
sion to do that now, for they have pulled the fence down,
and walk in and out as they please. If we interfere to pro-
tect our own property, they abuse and threaten us. This
boy happened to fall from the tree yesterday, or we never
should have got him.

Police-constable Tucker, 249 K, said that he had seen the
prisoner there before, and took him yesterday. There
were a great many boys there.
Mr. Arnold—Where is this place ?

Policeman—R is a piece of ground at the end of Thames-
bank, formerly in the occupation of the Chelsea Water
Company, but now belonging to the London, Dover, and
Chatham Railway.

The boy's mother here stood forward and said he was
always at school, but there were holidays when he was not.
Nobody had ever in the least complained of the boy before.
Mr. Arnold asked him what he had to say
Prisoner—l only took one pear, that's all.
Mr. Arnold—You have often been there before.
Prisoner—Well, they did not do anything to me.
Mr. Arnold—That is a greater reason why you should
not have gone again.

Mrs. Harris—When my servant assisted me to secure
this boy, the others fell upon her to resue him, and I eas
obliged, for her protection, to beat them off, and they now
threaten what they will do to us when they catch us from
home.

Mr. Arnold—This is very serious. For this the first
offence, of which he has been convicted, I fine the boy 58,
The Mother—l can't pay it.
Mr. Arnold—Then he is committed for seven days.

CRYSTAL PALACE,

Eta ly yesterday the brasaband contest cern-
menced. Twenty-one bands competed, seven being
placed respectively at three stations in the gardens.
At platform No. 1 the judges were Messrs. Hurst
and Hanson-; at No. 2, Messrs. Smythe (Royal
Ar-
tillery) and Charles Godfrey, sen. (Coldstream
Guards) ; and at No. 3, Messrs. Basquet (60th
Rifles) and T. Coward (organist, Crystal Palace).
When the various bands had each done their best,
there was a general assembly of all the musicians
in the Handel orchestra. The concert that then
ensued was conducted, as usual, by Mr. Enderby
Jackson, some of whose own compositions were
amongst the most attractive features of the pro-
gramme. On the conclusion of this concert a con-
test commenced between the twelve bands which
had been selected as best among the twenty-one,
namely, the Brighton, Civil Service, Albion Mills,
Blandtord, Kirkstall, Leyburn, Compstall, Dews-
bury, Darlington, Doncaster, and Kirkbriston.
After a prolonged competition, the prizes were
awarded as follows :

First Prize, £3O, together with free gift of superb massive
cup, worked in aluminium gold—Blandford Band, Mr. R
Eyers.

Second prize, £2o—Dewsbury Old Band—Mr. John
Peel.

Third prize, ns—Matlock Bath Band, Mr. .Tames
Croome.

Fourth prize, MO—Darlington Band, Mr. H. Hoggett.
In addition to the general prizes here named, a special
prize of £lO in money, together with a free gift of splendid
cup, elaborately worked in aluminium gold, was awarded
to the Brighton, Ist Sussex Volunteer Artillery Band.
The following Special Solo Prizes were also
awarded

Ist. A silver gilt and richly engraved cornet.a-piston,
price 120—Mr. Robert de Lacy, Solo Cornet of the Leyburn
Band.

2d. An electroplated and gilt elegantly chased baritone
horn, price £2o—Thomas Hunt, solo Tenor of the Bland-
ford Band.

The Mysterious Discovery of a Skeleton a

MillwafL

Yesterday morning Mr. H. Raffles Walthew,
deputy coroner for East Middlesex, held an inquiry
at the Queen's Head, High-street, Poplar, respect-
ing the death of a person unknown, whose skeleton
was discovered some feet beneath the surface of the
ground, on Thursday last, at Millwall.
John Harris, 22, Dock-street, Poplar, said that
on Thursday last he was exavating for a dry dock
at Mr. Dulchen's ship-yard, Folly-wall, Mill-wall.
About seven feet under the surface he found a
skeleton. For three feet down there was gravel,
and four feet under the surface of the clay the
skeleton was found. The gravel had been placed
on the spot within the last few years. He heard
people say that there had been a creek at that place,
and that the gravel had been put there to fill it up.

Dr. W. Pellew Being said that he had examined
the remains and found them to consist of the
skeleton of a tall female. The height was about
sft. 7in. The teeth were all present and were in
perfect preservation, and from their condition he in-
ferred the age to have been between 20 and 30
years. The size of the pelvis and the comparative
smallness of the head were conclusive as to the sex.
The Isle of Dogs is exactly seven feet below high
water mark, and the skeleton being found about
seven feet beneath the surface, it was about the
level of low water mark. It was therefore quite
possible that the body might have been floated to
where it was found by the river. The blue clay
in which it was embedded had a preservative effect,
and the body might have been there for fifty or
even possibly one hundred years. It must have
been there for more than two or three years, as the
bones had been permeated by the blue colour of the
clay. The bones bore no mark of injury, and
though some few were ab2ent, the .?,keleton was a
very fine and complete one.

The Coroner asked whether the workmen had
searched for the remains of clothing, coins, &c.
The witness Harris said that they had dug down
some distance, but had discovered no trace of any-
thing but the bones. The place appeared not to
have been disturbed for some length of time.
The Coroner having summed up,
The Jury returned the following verdict :
" That the remains of the deceased female, unknown,
were found dead at the Folly-wall, Millwall, de-
posited seven feet beneath the surface of the earth;
but how, when, or by what means the said female
became so buried there the evidence was not
sufficient to show."
The proceedings then terminated.

HEALTH OF LONDON,

(From the .Registrar General's Report.)

With the progress of the summer months the mortality
continues to rise, in consequence of the increase of the diar-
rhea% or cholera, fatal chiefly to infants, that is peculiar to
the season. The deaths in the three weeks ending the 18th
of July were successively 1,187, 1,287, and 1,364. In the
week that ended last Saturday a further increase occurred,
and 1,452 is the result.
The average number of deaths derived from 10 corres-
ponding weeks (viz., the 30th in each of the years 1853-62),
is, after correction for increase of population, 1,253, from
which it appears that the actual number of deaths in last
week was 200 in excess of the estimated amount.

The deaths from diarrhea, which had been in the pre-
vious weeks 91 and 148, rose to 233 last week, of which 178
were among infants less than a twelvemonth old. Besides
the number reckoned under diarrhea there were 20 from
cholera, two of which cases were returned as Asiatic. On
the 21st inst. a labourer, aged 33 years, died in the North-
street Infirmary, Popular, of cholera Asiatica (36 hours) ;
and on the 20th inst. in the Workhouse of St. George,
Southwark, a chaff-cutter, aged 74 years, of cholera Asiatica
(5 days), consecutive fever (3 days). It may be asked
whether the sanitary condition of Islington is not capable
of improvement in some parts of the district. There has
been much scarlatina in it; and last week the deaths from
diarrhoea were 22.

There is reason to hope that the further spread of small
pox in the metropolis has been checked. The deaths by it,
returned last week, declined to 34, which is lower than any
previous weekly number since the end of March. A seventh
part of the mortality from this disease in the week occurred
to persons who are stated to have been vaccinated.
There were 110 deaths from scarlatina; 15 of which were
in Islington, and 9 in the sub-district of St. Peter, Walworth.
Last week the births of 994 boys and 898 girls, in all

1,892 children, were registered in London. In the ten cor-
responding weeks of the years 1853-62 the average number
(corrected) was 1,818.
At the Royal Observatory, Greenwich, the mean height
of the barometer in the week was 29.699 in. The readings
fell to 29.32 in. on Wednesday, and rose to 29.97 in. on Fri-
day. The mean temperature of the air in the week was
57.3 deg., which is 4.3 deg. below the average of the same
week in 43 years (as determined by Mr. Glaisher). The
mean daily temperature was below the average throughout
the week, and had also been below it on the last three days
of the preceding week. The lowest night temperature oc-
curred on Sunday, and did not exceed 381 deg. The highest
day temperature was 74 deg,, and was obtained also on Sun-
day. The range of the thermometer on that day and also
in the week was therefore 35.3 deg. The difference between
the mean dew•point temperature and air temperature was
6.9 deg. The mean degree of humidity of the air was 78 (com-
plete saturation being represented by 100). The air was un-
usually dry on Sunday. The humidity was only 63, but on
Tuesday it rose almost to saturation. The wind was gene-
rally in the south-west. Rain fell to almost nine-tenths of
an inch, about half of which fell on Tuesday. The mean
of the highest temperatures of the water of the Thames was
63 2 deg.; that of the lowest was 64 deg.

Foreign Mail Packet List.

MAILS DITE.i

- - .
At.stralia and Mauritius, via Southampton. Aug. 18.
via Marseilles Aug. 13.
brazil and Cape Verds, by British packet. Aug. 4.
Cape of Good Hope, Ascension, and St. Helena July 29.
China, Penang, and Singapore, via Southampton Aug. 2.
via Marseilles July 27.
Falkland Islands
Gibraltar, via Southampton July 26.
India (Calcutta), and Ceylon, via Southampton Aug. 2.
via Marseilles July 27.
India (Bombay), via Southampton ..
via Marseilles Aug. 4.
Aug. 4.
Portugal.... ....................
Malta, Egypt, and Aden, via Southampton July 26
via Marseilles July 27
Newfoundland Aug. 6.
Oporto and Vigo
U. S. and British N. America, by Brit. packet July 39,
by U.S. packet
by Canadian packet. July 24.
W.C. of Africa, Madeira, and Teneriffe Aug. 10
Bahamas, via New York ........ July 30.
Mexico • • • . July 29
All parts of West Indies, including Chili, Peru, 1 July
- '
California. and British Columbia. ...... I 29.

" MDLLE. STELLA COLAS, We believe," says a
weekly contemporary, " will appear at the Princess's on
her return from St. Petersburg at the end of the present
year, when, in all probability, the next Shakespearian cha-
racter she will essay will be Imogen."