The Sun.
London, England, 1863-12-17 00:00:00

TEE SUN. LONDON, THURSDAY EVENING, DECEMBER 17, 1863.

that prosperity than those who have habitually op-
posed it." (Cheers.) And I don't know how we
are to account for this position unless we a, nme a
state of things which we in England do a quite un-
derstand—viz., that there is nothing fo ,t but a re•
gular turn and turn about for all profits and
conveniences of office, and that, therefore, party
existence shall collapse. I might be inclined to say
that there was some reason in this argument did I
not feel that there is still, and that there ever will
be, a fundamental difference between the men who'
wish for progress and the men who wish to remain
still. (Cheers.) We may well allow that tee vete-
ran statesman who was a party to the repeal of the
Test and Corporation Act, to the emancipation of
Roman Catholic fellow-subjects, to the revision of
the Poor Law, to the establishment of your munici-
pal franchises, and to the great Reform Bill—
(cheers)—we may well allow him, in the decline of
his age, to say that he wishes to" rest and be thank-
ful." (Applause.) But the nation to which we be-
long is not a veteran nation. It is young and still
fresh, and fall of future energy and future hope,
and therefore we will say to him, "Rest and be
thankful, if you will. Grateful to you are we
for all you have done, and we wish only that there
were many like you, but you must permit the nation
to which you belong to say that we wish to ascend
to still further heights and to still nobler develop.
ments." (Cheers.) The difference between us and
our adversaries is this—that we do desire to keep
ever open the portals of our Constitution to the foot
of honest endeavour and of noble aspiration. (Re-
newed cheers.) We do not desire that these portals
shall remain hermetically closed until some evil
day they are forced open by an " ugly rush," such
as one intelligent individual had prognosticated.
(Applause.) Therefore, Ido trust that this assem-
bly—each one of them in their own spheres and in
their own localities—will do all in their power to
promote this issue and advance these interests. Let
them beware of any
supineness in this matter. Let
'hose in Parliament know that there is a good
genuine Liberal constituency in the West Riding,
and let there be no want of vigilance, or enthu-
siasm, or interest. Let your friends know that we
have not to deal with any supine or idle enemy.
We have to deal with men who, Tories as they are,
still are enough of Englishmen to know that it is
the business and duty of Englishmen to be active
in the political position which they occupy. They
are active, and you must be active too. They are
vigilant, and you must be vigilant too, or else they
will beat you in the race, and distance you in the
objects you are pursuing. (Hear.) There is no
doubt whatever that there is at this moment in the
country what is called a great Conservative spirit.
Much of it is honest, mach of it good, much of it
wise, much of it safe. It is for us to see that that
Conservative spirit does not go on till it tends to
excite the feelings of those outside to fancy they
are excluded from the benefits and blessings of our
Constitution. Let them remember that the greatest
danger, the greatest calamity, perhaps, of the
times in which we live was when the people
of France thought that the electoral body
was an exclusive body, that that body made
itself into a separate country within a country, and
that it stood by itself apart fram the interests of the
whole community, depending upon itself and think-
ing only of itself. Then it was that they rose and
crushed it by revolution, which ended in its turn in
a miserable despotism. Let them see that there is
nothing more unhappy for a country than to yield
to the impulses of fear. Dont let us distrust each
of her. Don't let the employer distrust the employed.
Don't let the wealthy and powerful in this country
believe that merely by education, by counsel, and by
example they can raise others to their own level;
but let them do all in their power so that we may
grow gradually, extending the power and greatness
of this England of ours until this country, which
knows no classes, which knows no divisions, which
knows no essential interests between all classes of
the people, shall become, as far as God permits, a
homogeneous and glorious whole. (Loud cheers.)

Mr, J. D. DENT, M.P., proposed "the Army,
N:wy, and Rifle Volunteers." He believed that a
r€duction in the expenditure for the army and navy
could alone be accomplished by the efforts of such
men as Earl de Grey and Ripon and Mr. Stansfeld
(Applause.) He saw no reason to disbelieve a para-
graph of a semi official character referring to the
services of Mr. Stansfeld during the recess for the
reduction of those expenses—(hear)—an d he thought
they ought not to begrudge the large expenditure,
but the money waated by officials. (Hear, hear.)
That was the motto of the Liberal party. There
were one or two small wars on hand—wars expen-
sive and reflecting discredit upon the country.
(Hear, hear.) He did not mean to say that the
army and navy were the cause of that discredit,
but there were Englishmen who were only English.
men in name, men who thought they could do
what they liked with barbarous nations, and
it fell upon the country to redress the grievances
which they had created. (Hear, hear.) There
was but little credit to be made with wars in
India, New Zealand, or battles in Japan, but there
was a sad loss of life and expenditure of money, a
loss of the best men in the services. (Hear, hear.)
He wished they could see the conclusion of those
miserable pettifogging little wars. (Hear, hear.)
Sir J. W. RAMSDEN, M.P., briefly proposed " the
Chairman and Committee of the Liberal Registra-
tion Association for the Northern Division of the
West Riding." (Cheers.) He expressed an opinion
that the Northern Division would return two
Liberal members, and that a gentleman would be
selected as his (Sir John's) successor who would do
honour to the representation. (Hear, hear.)
Mr. THOMPSON, M.P., the chairman, acknow-
ledged the toast. He spoke of the efficient way in
which the Liberal registration for the West Riding
had hitherto been conducted ; but he said the
observation was often made, " What is the use of
it, there is no difference now between Conservative
and Liberal ? Real Liberalism is defunct, or at least
as dormant as if it were not of any practical use."
He did not believe it. The statement was an inven-
tion of the enemy. He stood up, as chairman of the
association, to give it a most unqualified contradic-
tion. Did any one really believe that Conservative
tactics had changed —(cries of No)—when there
were any great questions to be considered ? The
Conservatives did sometimes, in small matters, bid
as high, or perhaps higher, than even the Liberals
—it suited their purpose to do so ; but the measures
of progress which they would have supported or
given would have been small indeed but for the
Liberal party, who kept them up to the mark.
Their the (Conservatives') maxim was to keep what
' they. had got. In considering any measure of the
i!ct.nehise, it must make an essential difference,
whether they looked at it with a view to give as
Agenit as they could, or give as little as they could.
Li'bernY were told that there was no liberality in
the
in the facati party, and the supposed proof was given
late years, of Liberal measures having passed of
t
in Liberal measures which had been
proposed being rte He was not going to de-
fend altogether
of
Zitil(Hear, hear.) He was not
of the Liberal
raindividuals, but to say the
there to find fault
might have ao,e
party
had they been entirely
Were. looking at the
whentheya was of all things the
munoasnticairnopusor;taahndt,he thoughtn
a political party,4
y should see how
much they had lo3t of late by notiac
Liberals as
oming cordially
together. Therefore he wool lay down,
their fundamental maxims, that for the
futureas one of
should eschew crotchets, and pursue all
gret they
mea-
sures with unanimity, and turn a dear ear to the
that they were .
suggestions of the enemy
divided
and
he believed
useless. (Hear.) Nowthoroughly that it
was because there were no great questions,, afloat
that
I
there was no greater unanimity.
That was proved
es
by the consideration that DO chatiri.„ were called for
•
through practical injustice or disabilities, or from a
wantof rights : for if he compared this country with
any other on the face of the globe, there was no other
in which the people were enjoying such perfect
liberty and independence as this, (Hear.) He did not
say this in order to prove that there was no occasion
to do more, but after looking back upon what had
been done, they must not be surprised that people's
time should be taken up in realising the results of
those great measures. Therefore, until some other
great measures came up, people would not be found
giving au much time and attention to the political

questious of the day. One 'of the greatest of
these was the question of Parliamentary Reform.
The men in the West Riding had already
plainly stated their opinions on this subject,
but the Liberal party had failed to carry a new
measure. That was in consequence of the
great middle class of this country not taking that
hearty interest in it that they should have taken.
The Reform Bill of 1832 caused a perfect revolution
in this country. It caused a revolution bloodless
and peaceful such as was never exceeded in any
caos us
onctirayt
i. n nt
he: cy I;hten,:e
rh
tehsea itdi
m,
espeakingcoomf
ethis
e
was persuaded they would show that they were
stronger than ever they were before, and more
united. (!','leers.)
Ltird F. CAVENDISH, who it is understood will,
at the next election, be one of the Liberal candi-
dates for the Northern division, proposed " The
Liberal Members of the House of Commons:, He
approved the course which the Government had
taken on foreign affairs, and said that it gave him
great pleasure to think that the struggle in America
would result in the downfall of slavery. (Cheers.)
Mr. LEATHAM, M.P., in replying to the last
toast, expressed a sincere hope that that evening's
banquet would draw closer together the various
sections of Liberals, and animate them all with
common hopes and purposes.

Sir F. CROSSLEY, M.P., proposed " The Liberal
electors of the West Riding," and in doing so said
that so much progress had been made during the
last 30 years, and so much had been done for the
advantage of the great bulk of the population, that
they must now look well at every step, lest they
made matters worse. Just let him glance at a few
of the reforms which had been accomplished during
the last 40 years. Prohibition had been removed
from the statute-book. (Hear.) Soon after that
Protection was removed—a word which General
Thompson very appropriately said ought to be
stated in the dictionary as meaning " robbing some-
body else"—(laughter)—and so it ought to be. Then
all the duties on the necessaries of life had been to-
tally removed. (A Voice—" No ; malt.'') Malt
was not a necessary of life. (A Voice—" Sugar.")
(Laughter.) The duty on bread, on meat, on bricks,
on timber, on glass, and on salt had been totally
removed, and, in fact, a working man could please
himself whether he paid any taxes to the State
or not. (A Voice—" Sugar, coffee, and tea.')
If he drank, or smoked, or snuffed, he must pay,
and so he ought. (Laughter.) He believed
these taxes did good to the buyer as well as to
the receiver. It was good for the State to receive
these taxes, and it was good for those who had to
pay, for if the price of these articles were reduced
the quantity consumed would do more harm than
good. The duty on tea had been reduced from
2s. 2d. to is., and he was not prepared to say that
they might not reduce further the duty on tea,
sugar, and coffee, provided they had the retrench-
ment which Mr. Leathern alluded to; but he thought
all those articles were articles which should pay
duty. (Voices—" No !") They were not protective
duties, but only revenue duties on articles which we
do not produce in this country, and therefore they
were articles on which we should pay a fair and
moderate duty. (Voices—" No !") As to the ques-
tioa of reform, he had read with great care the two
speeches made at Rochdale by the two great autho-
rities on free trade ; but, while giving those hon.
gentlemen every credit for being earnest reformers,
he was of opinion that those speeches had done
more to retard reform than to advance it. (Voices
—" No, no.") They had frightened those who had
the power of giving reform from giving it. (A
Voice—" Why ?e) They had become frightened
because these gentlemen made it out that the work-
ing men were an injured class, not because they
were without a vote, but that they were injured and
oppressed by those who had the vote; whereas, as
he (Sir F. Crossley) had shown, the registration of
the last 30 years had tended towards the ameliora-
tion of the very class which did not possess the
franchise. He was as earnest in favour of re-
form as any one, but he wanted to go the right
way to get it. They would not get reform by
frightening those who had the power to give it, for
they had no very great grievance with which to
g) to Parliament. They could not expect to take
reform by storm ; it must be done by persuasion.
They could only du it by persuasion, by showing
that they had an intelligent class who had no vote,
Silt were fully and fairly entitled to it ; and if
they possessed these qualifications, they knew that
the legislation of many years past had been in their
favour, and that, if they were allowed to enter
the lists, the state of things would not be very much
altered. His opinion was, that by going honestly,
fully, and fairly for the object they had in view,
they would accomplish it better than by trying to
make cut a case which was not to be made out. The
foreign politics of the last two years had been stir-
ring matters, and he believed he was not going too
far when he said the present Government had the
confidence not only of its usual supporters, but of
the country at large. (Applause.) The policy of
non-intervention had kept us out of many and grave
difficulties. We had been a long time in learning
that it was enough for England to manage her own
immense affairs, the interests of her teeming popu-
lation, and her immense colonies ; and although it
was very flattering to be looked up to by all coun-
tries, and called in to settle their disputes, yet we
bad at last learnt that we had really not time and
money, or strength, to be always engaging in other
people's battles. (Hear, hear.) The Government
had lately had a very important subject to consider
—namely, the European Congress to which they
were invited by the Emperor of the French. No
one could read carefully the reply of Earl Russell
without seeing that he gave very sufficient reasons
why Engle nd should decline to enter that Congress.
The conduct of the French Emperor had been so
straightforward towards this country that every
suggestion of his could not but be received with the
greatest courtesy and respect ; but England ex-
pected something more from her Minister than the
attempt to please a foreign potentate. (Hear, hear.)
They expected their Ministers to look at all ques-
tions with a view to England's interests, and he
thought that Earl Russell showed sufficient reason
why England was not justified in going to the
Congress without knowing whether the results of
' that Congress were to be enforced by war. (Cheers.)
Mr. FORSTER, responded to the toast.

IRELAND.

DUBLIN, Dec. 15.

The winter show of the Royal Dublin Society was
opened yesterday in the Agricultural hail, Kildare-
street. The entries were not very numerous, but the
size and qualities of the animals exhibited are said
never to have been surpassed in Ireland. There were
50 entries of horned cattle, 40 of sheep, and 20 of
pigs. The fat cattle are for the most part magnifi-
cent specimens of their kind ; some of the swine are
monsters for size, and the sheep are said to be of
excellent quality. There are 170 entries of poultry,
which ate exhibited in one of the galleries. There
is also an immense show of field and garden pro-
duce, many of the specimens of turnips, mangolds,
cabbages, parsnips, &c., being of enormous size and
weight. The hall contains a large number of farm
ing implements of various kinds, and the depart-
ment of Irish frieze is well filled with specimens
from all parts of the country. A silver cup, value
50 guineas, was contributed by Mr. Allan Pollok,
J.P., of Lismaney, for the best animal. It was won
by to heifer, cross-bred between a Hereford cow and
a short-horned bull, the property of Mr. Gavin Low,
salesmaster, Dublin, The blue ribaud in the farm
produce was won for the Earl of Charlernont by his
steward, Mr. James Brady, with a magnificent col-
lection of roots. The prize consisted of Messrs.
"Legg and Robertsou'd challenge cup. In this de-
partment the society's medal was won by Mr. Thos.
via Hutton,ra Drumeondra. The attendance at the show
at numerous and fashionable. Buyers from
tue
show English markets were well represented. The
w ape
well lighted wnitihn the evening also, the hall being
traction of
but notwithstanding the at-
wasil
the appearance of the hall rather
dreary.
The Egmont will ease Nvta,sha
of Carincery yesterda had
o
aint
3d over in order
before the Court
y.
to obtain the certificate of the 'Judge by
whom it

was tried in Cork. This had been obtained, and
the Lord Chancellor was now asked to say that the
compromise which had been made was for the benefit
of the minors, in order that an Act of Parliament
might be obtained to give affect to the arrangement.
Under a consent-order Lord Egmont had brought
into court £125,000, which had been invested in
Consols, except a sum of £llB, which would now
be brought in. There were two estates mentioned
in the will of the late Sir Edward Tierney, and it
was necessary to determine what portion of the
money was to represent the Kantutk estate and the
Churchtown estate respectively. For this a reference
to the Master was absolutely necessary. Lord Eg-
mont is to receive the rents of the estates from
November, 1863. The Act of Parliament will direct
that the money which is entailed on the minors
shall be invested in land for their bent fit. Lady
Tierney, who is no party to the compromise, has an
annuity of £5OO charged uron one of the estates.
But while Lord Egmont holds the estates, subject
to her rights, he is to be indemnified by Sir Lionel
Darell for any claim she may make.

LAW INTELLIGENCE—Yesterday.

DIVORCE COURT.
(Before Sir J. P. Wilde and a Special Jury.)
FITZGERALD V. FITZGERALD.

Mr. M, Chambers, Q.C., and Dr. Wambey, instructed
by Messrs. Thomas and Co., appeared for the petitioner ;
and the Queen's Advocate, Mr, Huddleston, Q.C., and Dr.
Spinks, instructed by Messrs, Freshfield and Co., for the
respondent.
Mr. Chambers stated the case. The petitioner, Mrs,
Charlotte Georgiana Fitzgerald, prayed for a divorce from
her husband on the ground of cruelty and adultery, to which
the respondent pleaded denial. Major Fitzgerald was the
son of Lord William Fitzgerald, and the petitioner was the
daughter of a gentleman of fortune, named Bellesworth.
The marriage was solemnised at St, George's, Hanover •
square, on the 12th November, 1857, and in about a week
afterwards the ill-treatment was commenced. It appeared
that at the time of the marriage Major Fitzgerald was in
debt, and receiving only £5OO from his father-in-law, he
abused him and his wife's mother in the hearing of his
wife. After the marriage the parties went to Paris and
they returned to Dublin, where the parties resided in Hume-
street for some months. Major Fitzgerald was deputy
quartermaster. general, and in the course of his official visits
he became acquainted with a gentleman named Mallet, who
held a situation in the Caw le at Dublin, and it was with the
wife of that gentleman that the adultery was alleged. The
intrigue with this lady was carried on during the honey -
moor., and the neglect and ill-treatment were alleged to
have been continued daring the period of their cohabitation
which lasted until the 234 of August, 1862, and in two in-
stances his conduct produced premature confinements and
the death of the children with which she was then enciente.
Major Fitzgerald took on himself to decline invitations for
his wife while they were in Dublin, and he was in thelhabit
of leaving her alone from breakfast until the evening. It
further appeared that the respondent was entitled to be-
tween £20,000 and £30,000 in the event of surviving
his wife.

Mrs. Fitzgerald was examined by Mr. Chambers. After
the marriage, she and her husband went to Folkestone, and
then to Paris, m;here they stayed at the Hotel Deux Mendes
for seven or eight days. They breakfasted together at the
hotel, but Major Fitzgerald left her alone.all day, and only
took her out once, and that at the instigation of their land-
lady. He abused her parents in the most offensive man-
ner, calling her father "a scoundrel," and her mother "a
sharper," and a designing, wicked old woman." He also
treated her very ill while they were in Paris, both by lan-
guage and contemptuous manner, and took a fan from her
stating that he was going to get it repaired ; bdt he did not
bring it back, end said that it had been given to her by
some " - lover of hers." Oa their return to London after
leaving Paris, she wanted a riding habit. He told her that
Mrs. Mallet had sent one back, and it would do for her, but
she refused it. She heard him constantly talking about Mrs.
Mallet. When he spoke of Mrs. Mallet it was in an expressive
manner. On their way to Holyhead on their return from the
Continent, he addressed her only in monosyllables. There
was something strange in his appearance, and she 'asked
him if he was ill. He replied, " I never did love you, and
only married you for your money," and he cursed his father
for not having prevented the marriage when he knew the
state of his feelings. When they returned .to Ireland they
remained for some time at Salthill Hotel, near Dublin. He
had to attend at his office only about two hours in the day,
but ha was in the habit of leaving her alone. While at
Salthill Major Fitzgerald called her "an old screw, and a
battered creature." lie did not ill-treat her beforelservants,
He requested her to visit Mrs. Mallet amongst the first
whom she went to see in Dublin. On one occasion he said,
with reference to their having children, that if they were
like her they would be "such disgustinz little imps." With
reference to taking her, into society in Dublin, he said, "I
am not going about like an ass with a wife tied to my
tail." In INlay, 1858, they came to England and she took
up her residence at Dover for two months, but her husband
remained in London. Major Fitzgerald was in the habit of
praising women to her who possessed what she did not in
their personal appearance, such as the colour of hair and
complexion. He called her an old scarecrow, and he likened
her to a lump of dirt. He had conversation with her about
married women who had intrigued, and advised her if she
was not happy to do the same. She said she would not, and
that if she left him she would return to her parents, and he
replied that she had better do so as anybody else would drop
her like a lump of dirt. The witness then detailed a series of
acts of violence on the part of her husband which led to her
premature confinements, and the effects of which were visi-
ble in bruises arid marks on her person, and on one occasion
he jammed her between the door of a room. Major Fitz-
gerald said with respect to her premature confinement in
Chester-street, what a fool she must be to live with him
after that event.

The Queen's Advocate cross-examined the witness at
great length. She met her husband first at Maldon, and
she was acquainted with bine about three or four months
before the marriage. Major Fitzgerald expected to have
received £1,500 from her father at their marriage, but he only
got £5OO. It was a misunderstanding on her husband's part.
There was 4000 settled by her husband's father on her and
£lOO a year, which her husband received. Her husband had
about £5OO a year. She admitted that some letters produced
were in her handwriting, but denied that others were. She
said that on the occasion of one of her confinements she was
exa
she
min
ever
eclb
stated by Dr.
sprt. Perry, who put her to pain. She denied
that ed to Lady Ann Cherson that Dr. Perry
had caused the death of her child, but she believed that
when her husband said so she adopted his statement. She
did not make any suoh statement to Dr. Pettigrew or any
one else. They purchased with her money a house at Bra-
den, Malmesbury, and here they had an altercation re-
specting some trees which her husband wanted to cut
down, and he called her a viper. Some time before
that he caused her spasms at the heart by hie violence.
During two years that he absented himself from her bed
tnere' was no necessity :for his doing so from the state of
her health except for about six weeks. In August, 1861, her
husbandin consequence of bad health,
b
not say that the letter now
ut for
pleasure. was a t Cowes,shec notou could
produced was in her handwriting. She knew a man named
Kelly, who had been a butler in Mr. Mallett's family.
When the present proceedings were instituted he was lying
ill in the Bath Hospital, and expressed a wish to see her.
She went to him, and carried him what she thought from
his state he might require. She knew a Mrs. Hopkins,
who was out of her mind in conseciaence of the persecution
to which she was subjected with a view to prevent her giv-
ing evidence in the suit. 'With respect to the child to
which she had given birth, and which died in 36 hours
afterwards, she did not refuse to see it. When it was moan-
ing in its last crisis, she desired it to be taken upstairs that
she might not be disturbed by its cries.
Re-examined—She put the case into the hands of a soli-
citor. She never suggested to the witnesses on her behalf
what they were to state, but on the contrary she declined to
speak to them on the subject'of the suit. Kelly died a month
after she saw him at Bath, and all she took to him were two
apples, a bunch of grapes, and a biscuit. She saw him three
times while she was at Bath. Hopkins was a cook in her
family when her child died, and was a witness for her both
to the adultery and the cruelty charged. She wrote a good
many letters to the sisters of Major Fitzgerald, and she ex-
pressed herself in terms of affection towards him. Her rea-
son for doing so was that so long as they lived together she
wished that the interior of their home should not be dis-
closed, as it might have the effect of injuring her husband
with her father. The same motive influenced her with refe-
rence to other parties as regarded the alleged cause of her
child's death, she being anxious to uphold her husband's
character so long as she remained under the same roof with
him. She wrote a letter to her mother complaining of her
husband's conduct. _ _

Mr. Perry, F.R.C.S., said that he had been called in t
see Mrs. Fitzgerald at Chester-street in 1559, in order to
give an opinion as to her condition. She was eight months
in pregnancy. From what she stated as to an altercation
between her and her husband some days previously, she
telt very ill, and from the symptoms she described he felt
satisfied that she was carrying a dead child, The witness
then stated that he adopted means to ascertain the fact, of
which he was quite satisfied. The means were of the most
simple nature, and, as far as he could recollect, he did not
think that he had recourse to the use of an instrument, lie
could not have killed the child without endangering the
life of the mother. lie did not remain with Mrs. Fitzgerald
more than a quarter of an hour, and had not seen her since
except in court that day. On the day when he was called
in to Mrs. Fitzgerald he saw Major Fitzgerald, and he be-
lieved he made a report to him relative to his wife, and the
Major gave him his fee.
By the Queen's Advocate—Although the witnesses had
been ordered out of court he was present when Mrs. Fitz-
gerald gave that portion of her evidence which related to
him. He was told tbat he might come into the court,
which accounted for his presence during the examination
of the petitioner.
At the conclusion of this witness's evidence the case,
which is likely to occupy some days, was adjourned until
to-morrow (this day),

ASSIZE INTELLIGENCE.

---~

HOME CIRCUIT.—MAIDSTONE, Dec. 16.

The winter assize was to open here to-day, but as Mr
Baron Pigott was detained at Taunton, the commencement
of business here has been postponed till to-morrow (Thurs-
day), the commission being opened this evening. The
calendar is not very heavy. There are altogether about 20
cases, of which two are cases of homicide, one being charged
as murder, and the other as manslaughter. There are about
six cases of arson, one of which is a charge of firing a dwel-
ling-house, the other the ordinary cases of rick or stack
burning. _ _

On Monday, the 21st, the commission opens and business
commences at Lewes, where the calendar is at present light.
On the next day, Tuesday, the 22d, the commission opens
at Chelmsford, where there is a charge of murder, and pro-
bably as much business as here. On the very next day, the
23d, the commission is opened and the business commences
at Kingston, where also there is a charge of murder and
some serious cases, and it is not at all improbable that there
will be two assizes on the same circuit at the same time, nor
is it impossible that there may be three—Sussex, Essex,
and Surrey—all at the same time. Another judge, Mr.
Baron Martin, is coming to Surrey, and it is not impro-
bable that Mr. Baron Pigott may not be able to finish at
Lewes in time to go to Essex, in which case another
judge will be required, and as not only all the judges but all
the sergeants-at-law are on the commission for the winter
assize, it is probable that the new judge, Mr. Justice Shee,
may commence his judicial duties on this his old circuit,
The occasion may not be inappropriate to mention that there
is among the Bar a universal feeling of cordial approval
and satisfaction at the new appointment, and this not only
on the Home Circuit, but on every other, and among gentle-
men of every political party and every religious creed. Mr.
Sergeant Shee was extremely beloved and respected on this
circuit, of which he has long been leader, and the Bar have
for a considerable time past on all occasions expressed their
feeling that he ought to be elevated to the judicial bench.
As no judge was ever more lamented than Mr. Justice
Wightman, so never was the elevation of any more cor-
dially hailed than that of Mr. Justice Shee.

MIDLAND CIRCUIT—Youx, Dec. 15.
(Before Mr. Justice Mellor.)

John Booth and Emmanuel Jarvis were indicted for
assault and robbery upon John Ellis, and stealing from him
£l2, at Rotherham, on the 19th Sept. last.
Mr. Blackburn and Mr. Gully prosecuted; Mr. Maule
defended Booth, and Mr. Middleton appeared for Jarvis.
The prosecutor, having been at Sheffield, got to the Tra-
vellers' Rest, a publichouse near to the Masbrough railway
station, about half-past 4 o'clock in the afternoon. At that
house he stayed until half-past 11 o'clock at night. In the
course of the evening the two prisoners, as well as some
others, were in the house, and the prosecutor, who appears
to have had a large sutra of money in his possession, paid
for drink, which was consumed by the prisoners and him-
self. He, being the worse for liquor, left the house alone,
and, according to his own statement, he was followed by
three persons, the two prisoners and a third man, who
knocked him down at the second bridge on the way to
Rotherham, and there robbed him. In cross• examination it
was elicited that the prosecutor was found lying on the road,
very dirty and apparently drunk, by the police. He was
taken to the lock-up at Rotherham, and being brought be-
fore the West Riding justices, was by them fined ss. and
discharged. At ter he was in custody he gave information of
the alleged robbery, but it seemed that he only mentioned
the name of one of the parties who he said had robbed him,
and even with regard to him the prosecutor admitted that
the assailant himself said his name was Major Booth. The
only remaining evidence was that on the following morning
one of the prisoners was found in the possession of a consi-
derable sum of money, although the day before he was ap-
parently without any. When the case had proceeded to this
point, his lordship having ascertained from the counsel for
the prosecution that he could not corroborate the prosecu •
tor's statement with regard to the actual fact of the rob-
bery, put it to the jury as to whether, upon such testimony,
they thought they could safely convict. The jury expressed
the opinion that under the circumstances it seemed to them
useless to pursue the inquiry further, and returned a ver-
dict of not guilty.
Edward Carlop and Henry Bridgwater, two soldiers,
were charged with assault and robbery upon Charles Hur-
crott, at Gate Fulford, one of the suburbs of York, and
stealing from him his watch, on the 18th of October last.
Mr. Broughton prosecuted ; the prisoners were not de-
fended by counsel.
The prosecutor, who was very drunk, had sailed at a
publichouse called the Soldiers' Rest, and there came into
company with the two prisoners and some other men. The
whole party, after drinking together, started for York;
and when a very short distance from the point where the
two roads into York diverge, he was assaulted and robbed
of his watch. In support of the case it was shown that the
morning following a woman was sent to pledge the watch
by the prisoner Carlop. This latter subjected all the wit-
n'tsses to a very long and rambling cross-examination, after
which the jury found both prisoners guilty, and each was
sentenced to four years' penal servitude.

Alfred Shepherd and Edward Tasker were charged with
assault and robbery upon Riehard Walker, and stealing
from him £6O, on the 31st of October.
Mr. Wheelhouse prosecuted; the prisoners were unde-
fended by counsel.
Ihe prosecutor, a farmer, and a hale old man of 70, was
on his way from Leeds into the country, where he was going
o purchase and pay for some cattle. When about a mile
from Leeds, going along the York-road, he was joined by
the prisoner Shepherd. The two walked on together for
some distance, and the old man told Shepherd that he was
going to " pay for some beasts." When the two had got to a
somewhat lonely point in the road, the other prisoner, who
had passed them but a few minutes before, turned back,
and then the prosecutor was thrown down upon the road,
and while one man held him down, covering his face and
putting dirt into his mouth so as to stop his cries, two
others rifled his pockets. The old man had 12 £5-notes in
a sort of purse placed in an inside pocket of his we istcoat,
and, in their search discovering this, those who attacked
him tore it away, and, taking money it contained, ran off
with it. A youth named Howard, who happened to know
both the prisoners, and who was driving a horse and cart,
came up the moment the robbery had been effected, and he
identified both the prisoners as having been two of the three
men. Thereupon Shepherd was apprehended and lodged in
the lock-up, and the other prisoner went away from Leeds.
In about a week he returned, and, having no doubt in the
meanwhile heard that Shepherd had been examined before
the justices, and found out what evidence had been given,
went to the house occupied by the boy Howard and offered
him 10s. if he w6uld not appear against him, saying at the
same time that he had not got a sixpence of money. The
lad said, " What I saw and what I said I shall tell over
again—for if it had been my own brother I would have ap-
peared against him if he had tried to rob an old mot like
that." The prisoner then observed, " Why, but if thou's
the only witness again me, we shall both get off with, may
be, three months or six months on it," and went away.
The Judge said he hoped that the witness would always
act as he had acted on that occasion ; and, after summing
up the case, the jury found both the prisoners guilty, They
were sentenced each to be kept in penal servitude for 6 years.

OXFORD CIRCUIT.—SHREWSBURY, Dec. 16.
(Before Mr. Justice Crompton.)

Mary Almond was indicted for attempting to murder her
child on the 11th day of September, at Ellesmere.
Mr. Benson was for the prosecution.
The pris ner was in the service of Mrs. Wenlock, at Cole-
mere-woods, and was known by her mistress to be in the
family way. About three weeks before the 11th Septem-
ber, in answer to questions put to her, the prisoner told her
mistress that she would be able to continue in her service
till Christmas. But ou the 11th September, between 1 and
2 o'clock, Mrs. Wenlock heard a cry as if from under the
privy. She sent her man-servant to see what it might be
and questioned the prisoner as to whether she had been
confined, but the prisoner then denied it. The man-servant
took up some flagstones, and discovered a live child two or
three feet from the privy. The naval string was torn close
off to the body of the child, and the after birth lay near it:
The prisoner subsequently stated that she had not thrown
it where it was found, and that she could net help it. There
were no signs of blood in the privy. The prisoner had not
prepared any baby linen. When the child was brought to
her she showed feelings of affection towards it and suckled
it. Early in the morning of the day in question the prisoner
complained of being unwell and asked her fellow servant to
get her a bucket of water, and she was seen afterwards com-
ing from a bakehouse near the privy with a bucket of water,
and stains of blood were found on the floor of the bake-
house. No surgeon was called. The theory of the prosecu-
tion was that the prisoner had been confined in the bake-
house and had carried the child to throw it away. The pri-
soner's statement suggested that she had been suddenly
taken in the pains of labour and that the child had fallen
where it had been found. _ _

His Lordship summed up, and the jury found the pri-
soner not guilty.
The business of these assizes was brought to a close this
afternoon, and as this is the last pace on this circuit for
which the commissions have been made out, the winter as-
sizes for the Oxford Circuit are now concluded. Mr. Jus-
tice Crompton will proceed to Welchpool to-morrow, to
open the commission for Montgomeryshire, with reference
to the state of the calendar in which county his Lordship
stated at Stafford, in alluding to the spread of the crime of
arson, that out of 12 prisoners reported to him as awaiting
their trial 11 were charged with that offence.

NORFOLK CIRCUIT—CAMBRIDGE, Dec. 16,
(Before Mr. Baron Martin.)
Cornelius Smith and Joseph Smith, described as tramp-
ing gipsies, and of the age of 16, were charged under the
36th section of the 24th and 25th Vic., cap. 97, with unlaw-
fully and. maliciously putting upon and across the Great
Eastern Railway two iron chairs and one iron connecting-
rod, wit h intent to endanger the safety of persons travellin2.g
and bei og upon the said railway, at aerofoil, on Aug. 2oners
Mr. Orridge appeared for the prosecution; the pris
Wercr Lndefened.
His, Lordship having expressed his opinion that there w
ere
as
no e' gle against the prisoner Cornelius Smith, the jury w

directed to find a verdict of Not Guilty as far as he was con-
cerned. _ _

Against the other prisoner the facts, as far as appeared
from Mr. Orridge's opening statement, and from the evi-
dence of the witnesses called by him, were as follows :

NV
On the day in question, Saturday, Aug. 22, the train that
leaves Cambridge at 10 minutes past 6 in the evening, and
runs along the Great Eastern branch to Hitchin, was pass-
ing between Harston and Foxton, conveying a large num-
ber of passengers, who had been attending the market at
Cambridge, when something was seen on the line by the
enginedriver in time for him to moderate the speed of the
train from 14 miles to 6 miles an hour. It turned out to be
an obstruction of a very formidable kind, in the shape of
three chairs for holding the iron rails, lying on one of the
rails, one placed over the other, and an iron bar laid across
the two rails on which the train was proceeding, and though
the train was pulled up in the manner described, the shock
was such that it was felt through all the carriages, and
one of the chairs and the iron bar were cut in two. The
train was immediately stopped, the driver and guard
jumped down, and while they were looking about them a
lad was seen by them and by one of the passengers running
away from the railroad across a field. To bring the charge
home to the prisoner several witnesses were called, some of
whom spoke to the fact of their having noticed the appear -
ance of the lad who was running away, which they said
was such from his height and dress as to lead them to the
belief that the prisoner was he, while a labourer who was at
work in an adjoining field, and a lad who was with him,
deposed to their having seen and spokento the two prisoners
just before the train came up, and noticed them passing out
of the field into and across the railway, and then return to
the line, after which no more was seen of them till the ac-
cident happened to the train, when the prisoner Joseph
Smith was observed running across the field from the rail-
way towards a gipsy encampment to which they both be-
longed. In the meantime the signalman at Harston, who
had hurried up on hearing of the stoppage of the train, ran
across the field to the high road, which bounded it on one
side, and made for the gipsies' encampment, where, while
he was in conversation with one of the persons belong-
ing to it, and a short time after the affair, the two pri-
soners came up, hot and out of breath, and with all the
appearance of persons who had been running hard, and
in answer to his question where they had come from,
Joseph Smith said from Histon (a place in an opposite
direction). Some time after this a policeman, who had
been sent for, went to the gipsies' encampment, and in
answer to his questions one of the prisoners said they were
not the persons who had caused the obstruction, for they
had never left the road on which they then were. They were
they taken to the police-station, and on being searched a
piece of galvanised iron like telegraph wire was found in the
pocket of one of them, and another piece very like it was
picked up close to the place where the obstruction had been
put.
His Lordship, in summing up the evidence, drew the
attention of the jury to the section of the Act of Parliament
on which the prisoners were indicted, remarked on the very
serious nature of the offence and of the punishment conse-
quent upon a verdict of guilty, and pointed out the fact that
however strong a case of suspicion might be presented, the
jury must not be satisfied with the mere suspicion that the
prisoners did the thing charged, but must found their ver-
dict on evidence; that, in addition to a contusion in the evi-
dence as to the different times when the prisoners were seen
going to and from the railway, the greater part of the evi-
dence merely amounted to the fact of a boy being seen run-
ning away who was like the prisoner Joseph ; and that what
the jury would have to decide was, first, whether the prisoner
Joseph Smith was, beyond all doubt, the boy who put the
obstruction on the rails; and, secondly, whether he did it
with the intention of taking the lives of the passengers. If
the evidence me rely showed that the act committed was not
with the intent of taking life, but out of idle mischief, the
prisoner could not be convicted under the statute.
The jury returned a verdict of not guilty.
Peter Crisp and John Graham were indicted for feloni-
ously setting fire to a stack of straw, the property of John
Webb, at Horseheath, on the 14th of October.
Mr. Naylor appeared for the prosecutor, and Mr. Hillam
Mills defended the prisoner Peter Crisp ; but as his Lord-
ship thought no case for the prosecution had been made out
against him the jury were directed to acquit him.
Graham pleaded guilty, and, in passing sentence,

His Lordship said that had he been aware of the number
of charges of arson that were to be tried at the different
places he had visited, he should have hesitated about the
amount of punishment he began with allotting. In this par-
ticular instance the reason given by the prisoner was be-
cause he was hungry—a most absurd excuse for such a
scandalous offence. " Well for you," said his lordship,
" that I have been passing sentences for this offence before
these assizes. I shall adhere to the same amount of punish-
ment that I have already given, which is three years' penal
servitude."

In another case of arson, against Philip Green, in which
Mr. Graham appeared for the prosecution, the prisoner's
reason for setting fire to a quantity of straw in a farmyard
at March, on Dec. 12th, was because he had not been taken
into the Union Workhouse, but had only received a night's
relief. And so, said his lordship, " because the master would
not encourage you in your idleness by taking you into the
workhouse and make others support you, you revenge your-
self upon an unoffending neighbour. lam unwilling to
make any variance in the punishments I have allotted to
this crime, and therefore I sentence you to three years' im-
prisonment."
Jeremiah Lawrence, a little boy between 10 and 11 years
of age, was also charged with setting fire to stack of corn at
Haslingfield, on the 10th August.

The prisoner was defended by Mr. Naylor; Mr. Orridge
ccnducted the case for the prosecution.
In this instance the offence was committed out of revenge,
because the prisoner's master, Mr. Serjeant, the owner of
the stack, had given him two or three strokes with a whip,
over the shoulders for beating his pigs.

His Lordship, after explaining to the jury the law in a
case of this kind with reference to the malicious act, went
through the evidence, and left it to them to say whether
they had any doubt about this boy doing the act on purpose
and in consequence of the blows he received.
The jury found the boy guilty, and recommended him to
mercy.
Sentence was deferred, in order that steps might be taken
for getting him into a refoimatory.

WESTERN CIRCUIT:TAUNTON, DEC. 16.
(Before Mr. Baron Pigott.)

Emanuel Cash ,was indicted for ravishing Charlotte
Feaver, on the 7th of November, at Ansford, and six other
men were charged with aiding and abetting. There were
other indictments charging each one as a principal.
Mr. Edlin and Mr. Hooper were counsel for the prosecu-
tion; Mr. Frideaux defended Coles; Mr. T. W. Saunders
defended Pitman; Mr. Ffooks defended all the others.
This was one of those brutal cases that unhappily some-
times disgrace our courts of justice, but we shall only allude
to the facts very briefly.
It appeared that the parents of the prosecutrix lived at
Castle Carey, the father being a gardener. The girl, who
was 20 years of age, worked in a factory, and lived with her
parents. She was keeping company with a young man
named Sylvester Sheen. On Saturday evening, the 7th of
November, after leaving work, she returned to her father's
house, and shortly afterwards Sheen called for her, and they
went out to take a walk. About ten o'clock they went to
the Half-moon publichouse, which was kept by Coles, one
of the prisoners. The girl had a glass of peppermnit, and
Sheen had a pint of beer. The prisoners came into the
house and joined them. They remained at the publichouse
till 12 o'clock, when they all went out of the house, Coles
accompanying thew to the door of the house, Some
of the prisoners knocked down Sheen, and they seized holi
of the girl, all of them, with the exception of Pitman and
Coles, effected their purpose, assisting each other. The girl
cried " Murder I" Coles stood by. A man named Wright
came up and threatened to send for the police. Coles said
it was a shame, but he did not like to interfere amongst so
many men ; but he added, " Take her into the stable, as
there is some clean straw there." They then dragged
her into the stable, threw her down, and then all of
them, with the exception of Coles, repeated the
offence. The girl after a time went home, her father left
her in, and she then told her mother what had happened;
but no complaint was made to the police until the following
Saturday. Three of the prisoners were immediately ap •
prehended, the others absconded, and were not taken for
some time.

Charlotte Feaver deposed to the facts of the case.
She was cross-examined at considerable length by the
learned counsel for the defence, but her evidence was not
shaken. She pulled their hair, she struck them in the face,
she called " Murder I" and cried to be taken to her mother.
Seven had intercourse with her in the stable. They were
there an hour.

Silvester Sheen corroborated the statement of the prose-
cutrix as to the outrages. The men pushed him about and
struck him. He was afraid to interfere. Coles said there
was clean straw in the stable, and thoy had better carry the
young woman there, aad not make a noise in front of the
house. They then dragged her into the stable, They were
an hour in the stable, Ho could see all that was going on.
He could not interfere, because they threatened him and
struck him.
George Wright came up and saw tho men surrounding
and dragging the girl, and he heard her cry
Thomas Goodrich, a neighbour of Coles, heard .ties
" Murder!" and a call of
of what
astaitdhetyhahtandedrodnree.ss
~ I wish
window ma
nyddear
listened, m mother wu
trandseeer: here."
There
shut
There were cries of a woman in distress for half
dan hour.
was off h
He opened his belroom
custody,
the window again.
'made statements
George Feaver, the father
defences for their respective clients.
wasaß
Ad htpoeoriini teethewemh ewileberaedl e° ot;lerareiii :We. oli fttchai it
lahkbeserhl osoandna.dw
Burge
i n
in their cells, and heard them
e.snPoeirtman witnesses were called
• TheOOuth the°r scounselof
partth the prisoners
a cd made
ba e balil ee and i dp eafl
Mr. Baron Pigott summed up
who certainly did not
over the whole evidence as it applied
The jury found all the with great care, reading
ease
to each prisoner.
a different punishment as prreigsaorndeerds gpuiitlmtya,nbuatnrdeccoomlems.ended
The Judge then sentenced Emanuel Cash, William each,
Burge, and Hallett, to be kept in penal servitude for five
years,and ittaau and „ Giles to be kept in penal servitude for three years,
Voles to be imprisoned for two years.

COUNTRY MARKETS.

,I, -,-...

LYNN--TUESDAY.
At to-day's market there was a fair supply of wheat,
with a small attendance of the tr de. The (inland was not
active, and the prices of last week were 6d to is
Malting and grinding barley at late rates. Oats 43 before.
Peas and Leans were steady.
White 44s to 455 jßarley ....... 364 to 378
Red .. 39s to 40s I Grinding ..33s to 34g
Beans .435 to 44s j Oats
.....
New 385 to 4Us I Peas

HULL—TUESDAY.
At this day's market the show of English wheat WitE.
good, with a ready sale, at a decline of is upon late rates.
Foreign was neglected, but quite la lower to sell. Spring
corn very little altered, but tending downwards.
Od to 44s Od
Wheat.... Old white.... per qr 42s
Old red
New white
New red .... ,
Barley.... English malting'
Grinding 4433 1327 ss: 0000 dddd tttt 0000 4443 4663 5888 to:01
24s Od to 260 6cl
Saal and Oderbruck
Holstein and Danish
Grinding
Oats English, oldl3cl
Archangel and Riga per st.. 23
22s
08
gda
di i
08ssl°2 (I 100
°t 0323141:8:
, 001
Friesland and Dutch' osl3d to Mk?,
Swedish and Danish Osl2ld to 0513c,1
Beans ....English, old, per qr 4os Od to 433 (..-
New pigeon 42s Od to 413
VI-
New tick 4os Od to 423 01
Egyptian
Peas Foreign boilers ..
Grinding
Tares .... Spring
Indian Corn
Linseed, feeding OO
—3333 0223
88sss
06000 c
idd: t
ctt:
00, 0 ,
333;33:5: 6000
dauc
id i
52s Od to 563 01
crushing
•
Linseed cakes (Hull) £9 5 0 to £0 ne) (1
Foreign, Bl5 oto 9 'i,' 1:,
Rape cakes 6 0 oto 0 „" 0
Bones 5 5 oto 5 it'

MELTON MOWBRAY—TUESDAY.
I, at,
The following were the currencies :—New white w-e
418 Od to 46s Od ; new red, 38s Od to 42s per 35 Oil":
beans, 38s to 408 for old ; new sorts, 35s to 37. per 38 stf,%;
barley, 33s to 37s for malting, and 29s to 31s per 9,r• 0.60
grinding; new oats, 22s to 25s Od per 24 stone; 010,
to 30s.

COAL IV
Prim of Coal per Ton at
s. d.

AItKET.

the dose of the markot, a
A.

Byass's Bebside West
Hartley ....16 6
Cowpen Hartley 16 6
Lambert's West Hart-

Walls End. 0
Haswell .......... 20 0
South Hatton ... 20 ,
Tunstall ...... ...... 38 g
Hartlepool ......... .• 1„9 6
•
Trimdon Hartlepool.• Iv 6
Caradoc ....... v
...... 19 ‘.
.....19 Cassop l7
. 0
Trimdon Thornley •• 1 6
Eieugh Hall .......... 9 9
Riddell..... ..... 1 0
Stewart's ............ 19 9
North iiartlepool....••l 6
B6lmont ....... 10

ley 16 3
West Hartley ..16 6
olywell 17 6
Hastings Hartley l6 6
ranfield Moor 15 3
Canfield Moor Butes l5 3
Wylam 17 6
Eden Main lB 3

;,159 ; sold, 106.