The Sun.
London, England, 1863-05-01 00:00:00

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Decree nisi with costs.

TIIE LONDON AND PROVI/, CIAL DISCOUNT COMPANY.
To .day was appointed for an audit and dividend meeting;
but nothing transpired.

IN RE ROBERTS,
A petition in bankruptcy was presented this day by Mr.
Drew, Basinghall. stre, t, against this bankrupt, a shawl
and mantle manufacturer, at Knightsbridge and White-
chapel. The et; se was balloted to his Honour, before whom
the matter has been on several occasions, creditors having,
endeavoured to set aside a deed of composition, although
agreed to by the majority in number and value. A few days
since an action was tried in the Court of Queen's Bench,
when the effect of the verdict was to invalidate the deed,
although tho whole of the property is in the hands of the
trustees for the benefit of the creditors.

SHERIFFS' COURT.
(Before Mr. Gibbons.)
THE LAW OF MASTER AND SERVANT- COOPER V. HUDSON.
This was an action to recover 3s, 6d. for a day's work,
defendant being an extensive contractor, of 48, Milton-
street, Cripplegate.
Plaintiff said he had been engaged by defendant to go to
a lady's house and assist in removing some furniture.
Plaintiff did the work, and deftndant refused to pay for it.
Cross-examined by Mr. Beard—l was not drunk, but
had had something to drink.
Mr. Beard—My client defends this action seely in con-
sequence of the important circumstances embraced in it.
Plaintiff alarmed the lady to whose house he had been sent
in endeavouring to put up the bedstead, and let the cornice
fall and break. Defendant would not have come into court
upon such a small question in so far as the amount was
concerned, but upon previous occasions he had been obliged
to pay large sums of money for property destroyed and in-
jured by men who misconducted themselves as plaintiff had
done.
Mr. Hudson was called, and deposed to having refused
to pay plaintiff solely in consequence of his misconduct.
The brother of the lady at whose house plaintiff had
worked stated that his sister was very much frightened at
plaintiff's manner.
Plaintiff--I have done the work and ought to be paid for
it. lam sure I was not drunk, and if anything was broken
it was by accident.
His Honour was inclined to believe that plaintiff had
behaved very badly. He had greatly misconducted himself,
and had clearly forfeited all right to recover wages.
Verdict for defendant.

A S,

,CENE ON BOARD A WAR SHIP.—A correspon-
dent of the LiverpooLllercury is responsible for the
following :—" On Monday, the crew of her Majesty's ship
Majestic (lying in the Mersey) were summoned to muster
on the starboard side of the main deck to witness one of
their fellow-men fastened to a grating for the purpose of
receiving forty eight lashes, to which he had been sen-
tenced by a court-martial for attempting to rescue a pri-
soner from the hands of the master-at-arms, and also for
striking a petty officer. Silence having been obtained, the
captain proceeded to read aloud his warrant, at the close of
which he in a stern voice called the bcatawaio, who imme-
diately stepped forward. Give that man one dozen
lashes,' commando the captain, and the boatswain
seized the eat-o'nine-tails and commenced inflicting the
dreadful punishment. Lash atter lash fell heavy upon the
unfortunate man, which caused him to give utterance to the
following ejaculations Oh, my m :ther, my mother;
what would you think of your poor son now ?' and, 0
God, what have I done to deserve this ?' and turning him-
self to the captain as much as he could, he said, ' 0 captain,
have you no pity ? think of your own sons; I did not merit
this from you ;' at which the captain was distinctly seen to
smile• All this took place during the time the first dozen
wt.re being inflicted. The captain then ordered one of the
boatewain's mates to Give that man one dozen lashes,'
which order was instantly obeyed. The severity of
feemiledupotnotahlliyul,
the lash having rendered him insensible, the poor
astiftefferrelrash"
voidno t aofwofredeli wasng for,
heard, a 8
lashil e
had fainted At the expiration of the second dozen, the
captain instantly commanded another boatswain's mate to
come forward and Give that man one dozen ladies.' Dur
leg the time this man was flogging, the poor fellow revived
a little, and turning to his flogger, he requested him to
'flog fair.' The fourth dozen having been inflicted, he was
released from the grating, with a back iitt
rtcy
e ti mutilated,
and his ribs quite blackened. After having a little oil ap•
to his scars, he was taken down to the fore cockpit,
plod
and put under the charge of. the aentii!el. The poor fellow
yet two years of imprisonment, with
,hard labour, for
has
the same crime."

COURT OF DIVORCE.
(Before the Judge Ordinary and a Common Jury,
COWING V. COWING AND WALLEN.

This was a petition on the part of the husband praying
for dissolution of his marriage on the ground of adultery
with the co-respondent.
The parties were married in 1855, at St. Peter's, Wal-
worth, and the separation took place last year.
Dr. Spinks, in stating the case, read a number of letters
from the co-respondent to the respondent, which left no
doubt as to the terms of intimacy upon which the parties
were.

Elizabeth Fanny Gotham said she was acquainted with the
respondent whilst she was living in the house of Mrs. Taylor,
the mother of the co-respondent. On one occasion when she
visited her Mrs. Cowing told her in 1861 about some note or
foolish papers she had received from Wallen. She knew
i Mrs. Taylor, and in July of that year she had a conver-
sation with her in Penton-place, during which Mrs Cow-
ing came in, and after Mrs. Taylor had left, Mrs. Cowing
wanted to know what Mrs. Taylor had told her. Witness
told her that she had said that Mr. Wallen would ho the
father of her (Mrs. Cowing's) child which was then ex-
pected. Mrs. Cowing said it was quite true, and asked her
to keep this circumstance a profound secret. After that
she was present at a conversation at which both Mr. Wallen
and Mrs. Cowing were present. Wallen wanted witness
to purchase a robe for the baby, and to present it to Mrs.
Cowing as if she (witness) had made it a present. Wallen
said Mr. Cowing was a fine old "gull," Some time after
this Mrs. Cowing told her if the circumstance was not found
out before two years, Wallen would get some money, and
then he intended to emigrate, and that she would go with
him, as she could not face her husband after the discovery.
Dr. Spinks then called Mrs. Taylor. Upon the lady
d stepping into the witness-box she asked the learned judge
whether she was compelled to give evidence against her
own son.
The Judge Ordinary told her it was imperative on her to
give her testimony.
Mrs. Taylor then, in answer to the learned counsel, said
she was residing in Penton .place in 1860. Mr. and Mrs.
Cowing afterwards came to live in her house, Mr. Cowing
used to go out to business after eight o'clock in the morn-
ing, and used to remain out all night. His business, as a
compositor, compelled him to do so. Her son was a chemist.
She discovered a letter by accident in his bedroom, which
acquainted her with the state of affairs. She fainted on the
discovery, as she thought Mrs. Cowing had ruined her poor
boy. He was only 17, and she was ten years his senior. He
was the best son mother ever had. A number of letters
were here placed in the witness's hand, and, in answer to
a question whether they were in her son's handwriting, she
said she did not know. The learned judge told her she
would be compelled to answer the question; and after a
great deal of hesitation, she said she believed they were in
his handwriting, as she found them in his bedroom. Her
son would be 21 years of age in September next, when he
would become entitled to £425.
Mrs. Clark said Mr. and Mrs. Cowing came to live at her
house, Canterbury. terrace, Kensington-park, in October,
1861. William Wallen used to come there very
frequently. Ho generally came about seven in the evening
Mr. Cowing was sometimes at home. She had some sus-
picions
of the occasion of Mr. Wallen's visit. She bad heard
Mr. Wallen call Mrs. Cowing a " dear." She had known
hire to have been in Mrs. Cowing's bedroom for hours.
She (witness) told her the thought such a proceeding im-
proper, upon which she burst into tears, but did not deny
the fact.
The learned Judge, in summing up the evidence, referred
to the letters, and said they proved one fact, viz., that for a
young man of 17 to address such letters to a m-arried
woman, his parent had not quite a correct notion as to the
morals of her son. Many of the passages in the corres-
pondence showed that he had asked some peculiar favour
which at first had been denied, as that circumstance was
corroborated by a letter from the co-respondent to Mrs,
Cowing, in which he said "he was like a man who
had once tasted human blood, &c." and in another
he said, " having once tasted the pleasures of the fair sex he
was always longing after it." (Laughter.) He thought
the jury would be of opinion that the young man was net
so great a novice as his mother believed, and the impression
made upon his mind by the reading of the correspondence
was, that they were not very fair specimens of delicacy for
a youth of 17,

The jury found a verdict for the petitioner. Damages,
£75.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE TAYLOR.
This was an application for release from custody.
Mr. Sargood appeared on behalf of the trustee appointed
by the Court of Chancery under "Barton's Estate " It
appeared that a great number of the tenants on the estate
held adverse possession, and refused to pay rent, and it had
become necessary, in a great number of cases, to bring
actions of ejectment against them, but a kind of conspiracy
existed amongst them, so that, immediately a judgment
was obtained against them, they proceeded to remove or de-
molish the fixtures and otherwise destroy the property, and
there were several cases now penning in this Court,
where the parties had petitioned so as to get
released from the payment of costs. The trustees were en-
deavouring to obtain evidence to support criminal proceed-
ings. In one case Mr. Commissioner Goulburn had refused
to order a release, except in due course under an order of
discharge. He (Mr. Sargood) submitted that Taylor's case
was precisely similar, and there was a similar application
coming before Mr. Commissioner Fane this day.
His Honour said he would not order the bankrupt's re-
lease unless he gave satisfactory bail—two sureties in £5O
each.

- POLICE IN'

This Day.

MARLBOROUGH-STREET.

--- •
ROBBERY BY A WAITER AT TEE ARMY AND NAVY
CLUB.— George Day, waiter at the Army and Navy Club,
St. James's, was charged before Mr. Knox with stealing
some provisions from the club•house, the articles being the
property of Captain George Porter, R.N,, and others, the
trustees of the club.
Mr. James Weston, the steward of the club, said that
observing the prisoner leave the clubhouse, and suspecting
that he had something belonging to the club in his posses-
sion, he sent a person to fetch him back, and the articles,
consisting of loaves and other things, were found upon
him.

Mr. Knox asked Mr. Weston whether he had reason to
suppose pilfering had been going on ?
Mr. Weston said he had.
Sergeant Joy, 36, said, on taking the prisoner into cus-
tody he said he had only done what others had done.
Mr. Knox committed the prisoner for three months with
hard labour.
SCANDALOUS TREATMENT OF A PONY.—Samuel Mit-
chell, of 57, Carlisle-street, Lambeth, general dealer, was
charged •%ith the following cruelty to a pony, the proceed-
ings being at the instance of Mr. Wm. Love, chief officer
of the Royal Society for the Prevention of Cruelty to
Animals.
From the evidence of Mr. Guest, one of the officers of the
Royal Society, it appeared that while near Her Majesty's
Theatre that morning he saw the prisoner leading the pony
attached to a cart, in which there were about 12 or 14 cwt.
'of slates. Observing the pony walk as if it were in great
pain, he stopped and examined it, and found two large
wounds under the saddle, which was pressing into it, and
nothing having been done to ease the saddle. The pony
was altogether in a wretched state, and only fit to be
slaughtered. There was also a nervous quivering of the
hind quarters of the pony, and it seemed in great pain.
The pony was brought to the front of the court, and it
was certainly in a deplorable condition.
Mr. Knox—the defendant having consented to have the
pony destroyed—ordered it to be taken by the society's
officer for that purpose, and allowed the prisoner to go at
large till a future day.
COMMITTAL OF NOTORIOUS THIEVES.—Norah Holland
and Catherine Sullivan, two well-known thieves, were
charged with stealing a gold watch, of the value of £l2,
from the person of Mr. Joseph Rowell, jun., of Aberdeen,
but staying at the Euston Hotel, Euston-square.
The prosecutor was in Leicester-Square at one in the
morning, when the prisoners spoke to him, and on leaving
him he missed his watch.
The prisoners—Holland having been several times in
custody, but generally managed to escape, owing to the
abs-nce of the gentlemen she has robbed—were com-
mitted for trial.

THAMES.
ATTEMPTED SUlClDE.—Margaret Lacey, an unfortunate
woman, aged 26, was brought before Mr. Partridge, on the
double charge of robbing a sailor boy, named Evaneb-n, of
the barque Orient, of a half- crown, and attempting to com-
mit suicide.
Inspector Denby, of the II division, said the prisoner
was a notorious thief, and had given much trouble to the
police. She was given into custody by a lad for robbing
him of 2s. 6d., but the prosecutor was not forthcoming. He
visited the prisoner in her cell a few minutes after she was
locked up, and found that she had stuffed a handkerchief
down her throat, her eyes were protruding, she was black
in the fare, and was nearly suffocated. Ho dragged the
handkerchief out of her mouth, and succeeded in reviving
her. She threatened to make another attempt on her life,
and was very outrageous and violent. He was obliged to
put the handcuffs on her.
Mr. Partridge said there appeared to be a mania among
the prostitutes to attempt suicide. He should remand the
prisoner for a week to the Clerkenwell House of Detention,
and he hoped that after attending to the exhortations of the
worthy chaplain of the prison she would be convinced of
the folly and wickedness of the rash act she had committed.
Ellen Tenby, a woman of the town, aged 23, who had
served her week's probation under the excellent and worthy
minister, the Rev. Mr. Jophson, in Clerkenwell Prison,
was brought up on remand. The prisoner belonged to that
dreadful place, Pa hner'S -folly, Ratcliff-highway, where
the woman Lacey has been also living, The prisoner leaped
from the swivel bridge of the London dock in Old Gravel-
lane, Ratcliff-highway, into the water, a few nights since,
and narrowly escaped drowning. A roliceconstablejumped
into a boat, procured the drags, and saved her.
Mr. Partridge said be had received a letter from the
chaplain of the House of Detention, stating that he had
made a deep impression on the mind of the prisoner, who
repented her suicidal attempt, and promised not to repeat
it. The chaplain believed the prisoner was sincere; under
those circumstances he would discharge the prisoner.
A great number of unfortunate women have thrown
themselves from the swivel bridges in Old Gravel-lane and
New Gravel-lane, and many of them have been drowned