The Sun.
London, England, 1863-08-12 00:00:00

TnE SUN, LONDON, WEDNESDAY EVENING, AITGIIST 12, 1863.

LAW INTELLIGENCE—This Day,

SHERIFFS' COURT.
(Before Mr. Kerr.)
THE STATUTE OP FRAUDS.-131PORTANT TO THOSE IN

TBADE.-KIBBLE V. PHILLIPS.

This was an action to recover £4 18s. for damage in the
nondelivery of certain fruit. Mr. Buchanan appeared for
the plaintiff, who is a fruiterer in the country, and Mr.
Lewis, jun., for defendant, who is a wholesale fruiterer of
the City.
Mr. Buchanan, in opening plaintiff's case, said that
during the course of the present year Mr. Dibble, who had
previously dealt with defendant, gave au order for nuts and
oranges to the extent of £l9 10s. The next day he received
a letter stating the goods could not be sent, but he forwarded
a£s cote to defendant, and it was returned. Now plaintiff
had in all his dealings with the defendant hitherto invari-
ably paid by instalments, and this refusal, suddenly, to
supply him necessitated his coming to London, which cost
£l, and entailed a trade loss of £3 18s.
Mr. Lewis inquired if there had been any contract in
writing, because, if not, as the amount was over £lO, the
plaintiff was out of Court under the statute of frauds.

Mr. Buchanan admitted that there was no immediate
contract in writing, but he produced two letters from de-
fendant or his foreman, in which the verbal contract was
alluded to, and this, coupled with the order in the book,
would, he contended, take it out of the statute.
His Honour ruled that any subsequent writings in which
the goods and the price were stated, could be taken to make
out a complete contract. In this case the letters put in
said " your goods at the price mentioned," and therefore
the court would hold a contract within the term of the
Act.

Plaintiff was examined, but his answers did not make
ont the sum claimed, and his Honour said he could only
award one farthing damages.

Mr. Grant (deputy cicrk)—lt must be a penny.
His Honour—l find in this court that it must be one
penny, and that is all I can give plaintiff.

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.

SYSTEMATIC ROBBERIES BY A. COOK.—AN UNFORTU-
NATE PROSECUTOR.—Ann Pollendine, cook in the service
of Mr. John Dickenson Betts, tea dealer, of 262, Oxfard-
street, was brought before Mr. Tyrwhitt by Sergeant Cole,
23 C, charged with stealing several sums of money belong-
ing to her master, in all about £43, the robberies having
been carried on in a most artful and systematic manner.
Mrs. Betts, the wife of the prosecutor, deposed that the
prisoner had been in her service as cook for some time. On
Monday week the prisoner went for a holiday and returned
the following Friday evening, and shortly after left the
house and never returned. A day or two afterwards it was
discovered that money which had been given to the pri-
soner to pay the different tradesmen's bills had never been
paid them.

Sergeant Cole, who apprehended the prisoner at No. 9,
Brown-street, Grosvenor-square, said that he had ascer-
tained that part of the prisoner's system was to receive the
bills from the tradesmen, and then to avoid the words " bill
delivered" being seen by her mistress, which would have
shown that previous bills had not been paid, to make out
fresh ones in her own handwriting, and to receipt them
herself, In one case the prisoner had failed to pay a bill of
£39 10s, to Mr. Spinks, butcher, of Crawtord- street,
Bryanston-square. One of the tradesmen, Mr. Hay, baker,
of North Audley-street, was present to prove the non-pay-
ment of a bill.
Mr. Hay proved that he had not received payment of a
bill for 9s. 3d. produced, nor any money since November
last.
Sergeant Cole asked for a remand.
Mr. Tyrwhitt at once granted it, and said that these
eases, of which there had been several before the Court
lately, all arose through persons not seeing their tradesmen
themselves, which they ought to do once a fortnight.
The prisoner was then remanded.
The prosecutor is rather unfortunate, his traveller having
recently absconded with defalcations to the amount of £l2O.

RAILWAY INTELLIGENCE.

LONDON AND BLACK WALL.

The half-yearly meeting of this company was held yester-
day at the London Tavern; Mr. J. N. Daniell in the chair.
The report stated that the gross revenue from all sources,
with the balance of £997 from the previous account, was
£61,546 and the expenditure £21,394, leaving a net profit
of £10,152; and after payment of £8,469 for interest on
debentures there was a balance of £31,682 for dividend.
Resolutions were passed adopting the report, declaring a
dividend for the past half-year at the rate of 3} per cent.
per annum on the ordinary stock of the company, and
authorizing the directors to borrow £lOO,OOO.

ARTIFICIAL SWARMING OF BEES.

I propose to give, for the benefit of your bee-keeping
readers, an outline of a system practised by me, whereby
swarming is accomplished artificially, and by a method
similar to that adopted by the fanner in multiplying flocks
and herds. What I shall give will be found demonstrably
true and entirely practicable, even to those who use the
common box-hive, so that I think no one need suspect me
of having an "axe to grind" at any rate.

When the drones appear in the spring, and the hive is
full of comb and bees, is the time to swarm them by this
process. It should never be attempted after a swarm has
issued in the natural way, nor should a second one be ob-
tained in less than twenty-five days after the first.
In the middle of a pleasant day when the bees are abroad,
go to the hive and blow into it at the bottom a few whiffs
of smoke from a pipe of tobacco, or a roll of cotton rags.
Let enough smoke go into the hive to arouse the bees and
set them to seizing on the honey—which will be known by
a long buzzing within the hive—but not enough to stupify
them. Let the hive stand five minutes, until you bloiv a
little smoke into all the hives within four or five rods; now
gently raise one edge of the hive and blow in a little more,
and immediately remove them three or four rods, carefully
setting them down under a shade, if it is at hand, bottom up.
By this time the bees will have become filled with honey,
and will not sting unless you pinch them, or they are other-
wise provoked. Place an empty hive or box over this hive,
mouth to mouth; tack together with a couple of nails, and
cork all crevices with rags. Now drum or rap on the sides
of the bottom hive for about ten minutes; draw the nails,
lay a sheet on the ground, and very carefully remove the
top box, setting it down upon the sheet. Remove the old
hive a few feet away, covering the mouth with a cloth.
Now, having another empty box, turn it down on the
sheet with one edge up, after the manner of having a swarm
of bees; then; with a ladle or large spoon, slowly dip the
bees from the box that contains them, and pour them down
in front of the empty hive. If the weather is very hot,
sprinkle slightly with water to prevent the queen from
taking wing, and they will run in. Should there be seviral
swarms were the old ones stood, and close to it, it would be
well to cover them with a sheet while this is being done, to
prevent the queen from entering them should she chance
to fly.
As the bees are running into the empty box, look out for
the queen. She will be readily seen, as she is at this
season nearly as large as a drone, and much longer than a
worker-bee. Should she not be found, immediately reverse
the boxes and try until found, for she is among the bees
sure, as she is among the first to leave the old hive upon
inverting it.
When found secure her as follows : —Cut a piece of wire
cloth, say 12 meshes to the inch, two or three inches, roll
it round the finger in the form of a cylinder, pinch close
one end, and putting the queen into it, close the other end
with a cork. She can be safely taken by the wings in your
fingers, fot she will not sting, however roughly she is
handed. Now place your old hive on a now stand, at least
four rods from where it stood before, and put the bees into
it, except about one pint ; these put into a new hive on the
old stand, having a hole in the top one and a half or two
inches in diameter, through which the queen cage is sus-
pended by means of a wire two or three inches long, with a
block over it to keep out the light.
The sheets are now removed from the other hives, and
you will find daily additions to the new hive from the old
one, as it occupies the old familiar spot, while the old one
will retain the young brood, of which great numbers will
be hatched daily. The third day, about an hour before sun-
down, blow a whiff into the top of the new hive, draw up
the cage and release the queen—put her by the entrance,
and she will go in at once. Considerable comb will have
been already built, and by morning the breeding cells will
be well stocked with eggs. Thus you will have swarmed
your bees certainly, and without watching them, or of
running the risk of their leaving for the woods.
By one who has performed this operation a few times,
the queen bee may be found in three minutes, by simply
turning up the hive and blowing the smoke into one side,
looking for her among the bees running up and over the
opposite side, accomplishing the feat of artificially swarm-
ing a hive from the old box in the time necessary to hive a
natural swarm.

One word to those who practise artificial swarming by
this method or any other. Queen cells can be procured by
simply caging the queen as above, without removing her
from the hive. This expedites the business, and adds
greatly in propagating Italian queens; since it obviates the
necessity of removing her to e. strange colony. Some will
ask how a queen cau be supplied to the old hive after put-
ting its queen into a new hive ? In answer,ll will say the
bees will do this by raising one from the worker brood al-
ready lain by the queen just removed.—Afichilan Far. Incr.

THE FIRE AND Loss OF LIFE IN THE NEW
NORTH-ROAD.—Yesterday afternoon Mr. William
Payne, coroner for the City of London, held an investiga-
tion at St. Bartholomew's Hospital into the circumstances
of the fire in Herbert-street, New North-road, on Sunday
morning, by which Mary Anne Stubbings, aged 64 years,
coat her life, and a woman in her confinement and the newly-
born child were seriously burned, The jury having been
sworn, proceeded to view the body of the deceased. Mrs.
Stephenson, a lodger, said deceased was in attendance on
Mrs. Solomon Reuben, as a monthly nurse, at No. 18,
Herbert-street, New North-road. Mrs. Reuben had been
confined on Friday morning. On Sunday morning she
heard loud screams, and upon rushing upstairs she saw the
room apparently in flames. She did not go quite up to the
room, but ran back to seOure her own child. Miss Martha
Reuben, niece to Mrs. Reuben, said that she lived in the
same house. Witness slept in the room above Mrs. Reu-
ben's, and on the Sunday morning she was awoke by a
great noise. She went down and saw smoke and flames in
Mrs. Reuben's room. She threw water into the room, and
then dressed and ran out of the house. Witness could not
see who was in the room, but she heard deceased's voice.
Alfred Barton, Cumberland-street, Hackney-road, said that
deceased was a widow. She was insensible when he visited
her in the hospital, and she gave no account of the accident.
Burrows, 29 N, said that when he was carrying the de-
ceased to the hospital in a cab she said, "My poor stomach
—all this has happened through saving other people." She
could hardly speak, and she gave no account of the way
the fire originated. Mrs. Stephenson, recalled, said that
on bunday morning she visited the deceased in the hospital,
when she stated that she was about to get some brandy for
Mrs. Reuben, and that the candle was standing on the table
ey the bed. The moving of the curtains, she thought,
caused them to come into contact with the flame. She said
that if she got well she would be ruined for life, as people
would never have confidence in her again. The jury re-
turned a verdict of "Accidental death."
BREACH OF PROMISE OF MARRIAGE.--At the
Sheriff's Court, Exeter, on Monday,.before Mr. W.
Jones, Under Sheriff, the case of Jarman v. Lucas was
tried. The plaintiff is the only daughter of Mr. Arthur
Jarman, who was formerly a builder, residing at South -
molton, and is now overlooker of the farm buildings of Lord
Poltimore. It appeared that the plaintiff left her father s
home in April, 1862, to undertake the duties of house-
keeper to her brother, Mr. J. A. Jarman, who was one of
the masters in the Commercial College at Rippingdon, near
Halifax, and is now a partner in the University School, Not-
tingham. At this time plaiatiff's brother was on very friendly
terms with the defendant, who was then also one of the
masters of the Commercial College, at a salary of £l5O a
year. Defendant frequently visited her brother's house, and
an intimacy sprung up between him and plaintiff which re-
sulted in his being considered as engaged to Miss Jarman,
and he did not deny the fact. Defendant had represented to
plaintiff's brother that he was the son of the steward of the
Duke of Bedford, he had a brother an officer in the army,
and his uncle was one of the contractors for the Great
Exhibition of 1862. Several letters were put in on the part
of the plaintiff as showing the defendant's affection for her
up to the end of 1862, when he broke off the engagement,
and the plaintiff returned home in March, 1863, but in con-
sequence of her being enciente she was unable to take a
situation as governess in the family of a gentleman, of
Edington, in Warkleigh, who had engaged her. Defendant
had been repeatedly requested to fulfil his promise ; but had
refused to do so, and on the 18th March, 1863, Mrs. Jarman,
the plaintiff's mother, wrote to him, asking him to marry
her daughter according to his promise. He made no reply
to this letter, or any subsequent communication, and hence
the present action. As the defendant allowed judgment to
go by default the jury gave a verdict for the plaintiff—
damages £5OO with costs.— Western Times.
A STRUGGLE FOR LlFE.—Three young men,
named Scoffham, Draper, and Sibley, went to a
spot near the Hampton station of the Severn Valley branch
of railway, for the purpose of bathing on Friday evening
last. Scoffham, who is employed as a porter at the sta-
tion, jumped into the water first. without knowing that it
was of considerable depth, and, being unable to swim, he
almost immediately sank. Sibley, observing the dangerous
situation of his companion, at once dived, and brought
Scoffham to the surface, but was compelled to relinquish
his hold, and use every endeavour to extricate hituself, the
drowning man having seized him tightly by the waist..
Sibley again dived, and brought Scoffham up by the ha
of the head ; but from exhaustion and the nature o
bottom cf the river, which is composed of sand and mud,t
when
was unable to get him ashore. Both men .o sapthe water
Draper rushed to the rescue, and wading into
hold of
until it was up to his chin. succeeded in getting
Sibley. Ultimately a gentleman arrived on.
the spot, and,
with his help, Scoffham and Sibley wererescued.
CAPTURE OF A HORSE ST ALER A clever
E capture of a horse stealer was effected at the De: by
On Saturday a respeetahT
Railway Station on Monday•
looking young man hired three horses from
he
e.
into
stable keepers at Brighton, and Toceeded with the animal's
by rail to Stamford, thence to P Peterborough, reaching
Derby on Sunday morning. ,On Monday he booked him-
self and the horses for Stocsport, and was stepping ng
the carriage, congratulating himself, doubtless, on his
cleverness, when a detective, who had just arrived from
London by the exfress.train, took him into custody, trans-
ferred him and the stolen animals to another train, and
conveyed the crestfallen home stealer to London, and thence
to Brighton, where his proceedings Will be duly investi-
gated "Py the police int:si;,trates.

DEATH OF MR. J. W. GILBART, F.R.S.

The bankers and merchants of London will regret
to hear of the death of Mr. James William Gilbart,
F.R.S., for a quarter of a century the able and
successful manager of the London and Westminster
Bank, and the man who did more than any one
else to establish, organise, and popularise the joint-
stock system.

Mr. Gilbert came of a Cornish family, but was
was born in London March 21, 1794. Failing
in obtaining a Government appointment, he be-
came clerk in a London bank in 1813, one of those
banks which suffered and collapsed during the panic
of 1825. While a clerk he took a n active part in
the Athenian Debating Society with the late Right
Hon. M. T. Baines, Q.C., 1V1.P., Mr. Edward
Baines, M.P., Mr. Edwin Chadwick, C. 8., and Mr.
Baron Channell. He also was connected with the
Union Society, of which Mr. J. S. Mill and Lord
Macaulay were members, and did much to found
the City of London Literary and Scientific Institute.
He also found time to write articles for variona
periodicals—" The Preacher and the Platform'
(1822-3), and a remarkable answer to Cobbett's
book on the Reformation, pointing out the various
social benefits of the Reformation.
Having been from 1825 to 1827 a cashier in a
Birmingham office, and having, in 1826, delivered
an interesting course of lectures on the philosophy
of history, Mr, Gilbert returned to London in the
latter year, and acquired some fame from his
" Practical Treatise on Banking," with reference
to the evidence delivered by London and county
'bankers before the Parliamentary committee
appointed to consider the propriety of
the suppression of notes under £5. Re-
moved to Kilkenny as manager of the Kilkenny
branch of the Provincial Bank of Ireland, Mr. Gil-
bert contributed various papers on banking to the
local papers; and from 1829 to 1833 held a similar
office of higher importance at Waterford, where he
established a literary and scientific institution, and
showed his unflagging energy in delivering lectures
on all sorts of subjects.
On the 10th of October, 1833, Mr. Gilbert entered
into an engagement with the directors of the London
and Westminster Bank, which was opened on the
10th of the following March. This pioneer of the
numerous joint-stock banks, now so flourishing and
popular, had to face the apathy and distrust of the
public and the active hostility of the Bank of Eng-
land. In 1836 the Bank of England obtained an
injunction against the London and Westminster,
prohibiting it from accepting any bills drawn at less
than six months after date, and hoped to destroy the
new bank's country connection by this means. But
Mr. Gilbert had seen, when in Ireland, the Bank of
Ireland drawing bills on the Bank of England with-
out acceptance; and he went on a tour and persuaded
the country bankers to adopt the same course. In
the following year he was a witness before the com-
mittee on joint-stock banks, which had presented a
hostile report in 1836, but had been reappointed;
and, in 1638, formed an association of joint-stock
banks with a committee of deputies, which found
ready access to Lord Monteagle, then Chancellor of
the Exchequer, who had been a director of one of the
Irish provincial banks when Mr. Gilbert was mane.
ger. In 1844, when Sir Robert Peel renewed his
Bank charter, Mr. Gilbert procured the insertion of
a clause, allowing joint-stock banks the power of
suing by their public officer, and also the right of
accepting bills at less than six months' date.
In 1846 (Tune 18) Mr. Gilbert received the dis-

tinguished honour of being elected a Fellow of the
Royal Society, being vouched for by Lord Mont-
eagle, Mr. Tite, M.P., Mr. G. R. Porter, &c., as a
gentleman attached to science and anxious to pro-
mote its progress." In the same year he received a
handsome service of plate from the directors and
shareholders of joint-stock banks. The year following
he wrote the history of his own bank, and by his
advice his board opened branches in Holborn, South-
wark, Oxford-street, and Whitechapel. In 1854
joint-stock banks were at length admitted to the
London clearing house. In 1859 Mr. Gilbart re-
tired from office on a pension of £1,500 a-year, with
a seat at the board of directors, and received a
splendid testimonial. In the International Congress
of July, 186 U, he was on the committee of the section
of commercial statistics, and read a paper on the
statistics of English banks.
He was admitted a corresponding member of the
New York Historical Society in 1850, and was on
the council of the statistical and other societies.
Mr. Gilbert had dabbled in authorship for more
than 40 years with considerable success. Besides
the works above-named may be mentioned his
" Logic for the Million," and "Logic for the Young,"
valuable, spiritedly written, and popular works;
banking in Ireland, banking in America; various
articles signed " Nehemiah," in the columns of the
Morning Herald, on joint-stock banks; articles in
the Banker's Magazine, the Atlas, and varicus other
periodicals.

FRENCH NAVAL PREPARATIONS.—We observe
that the French Government is preparing for any
emergency that may arise out of the Polish question, in the
event of diplomacy failing to provide a pacific solution. We
read in the Thar° de la Manche, a naval journal published
at Cherbourg, that a ministerial despatch has been addressed
to the Maritime Prefect requiring to be informed as to the
time necessary for the ships in reserve to be got ready and
fully equipped for sea. These ships are 27 in number, of
various ratings, and comprise l'Austerlitz, le Bayard, la
Ville-de Nantes, l'Arcole, le Tage, and le Fontenot' (screw
liners) ; la Clorinde, la Souveraine, la Forle, l'Audacieuse
and la Cleopatre (frigates) ; le Beaumanoir, and
1' Olivier (brigs) , la Marne; la Durance, la Nievre, la Gi.
ronde and to Calvados (transports) ; le Lucifer, le Galilee,
la Sentinelle, le Lamothe-Piquet (despatch vessels) ; La
Foudroyante (floating battery), and le Phiege ton, la Bayou
noise, and l'Artemise (corvettes). The Maritime Prefect,
Viscount de Chabannes, left Cherbourg for Paris on the
28th ultimo, and the Emperor is expected to arrive at Cher-
bourg on Monday next. The Batiments Cuirasses, or iron-
clads are expected to rendezvous at that port, and there are
already in the roadstead la Normandie, l'lnvincible, and le
Solferino ; the Magenta is also daily expected to arrive there
from Brest. Vice-Admiral Charles Penaud has been ap-
pointed to command the iron-clads, and he will hoist his flag
on board the Normandie. We learn also from a French naval
source that tho "spur," or projecting stem, of the steam
rams is to be submitted to a severe test, with a view to ascer-
tain its practical utility, and this is a most important point
respecting which (at least as regards many of the most
essential conditions of this method of warfare) our know-
ledge is of a purely theoretical character, but it is ques-
tionable, owing to the reticence of French officials in these
matters, whether England will he permitted to derive any
advantage from their experience. A private correspondence
from Paris states that there will be a review of the iron-
dads at Cherbourg, and that there will also be comparative
trials between the ships of various types which
constitute
the new iron squadron ; but these trials will only take place
in the presence of the Minister of Marine, who is. expected
at Cherbourg, accompanied by a special cow:le com-
posed of M. Dupuy de Lorne, director of naval works, and
two general officers of the fleet. M. JAIPuy de Lome will
be the chairman of the commission, which is instituted to
take into consideration the results of the various trials of
the iron squadron. The
question is, of cons se, one of great
practical importance, and
° Board oe m
fp
r Admiraltyten
t of
a
ought to follow the exatePl°":f the Marine D
the French Governme_t._jirampshire Telegraph.
INTERESTING DISCOVERY IN ARGYLESHIRE.—A
cavern similar to those found in England and on the
continent, containing osseous remains of men and of lower
animals, has lately been discovered on the property of Mr.
John malcoilD, of Poltallock. By the liberality of that gen-
tleman the cavern has been fully explored, and its contents
carefully collected by the Rev. Messrs. Mapleton and Mac-
bride. These contents consist of the remains of men, of
other animals, and shells of edible shellfish. The only article
of manufacture found in it was a small celt, a flint flake;
and the only domestic utensil was a scallop shell, or paten
snazimus —the shell used by the ancient Celts as a drinking
vessel, The cavern was evidently used as a place of resi-
dence, for beneath the cave stuff, or debris, was found ashes,
bits of charred wood, and bones, a flint pebble for striking
fire, and stones, which, from their form and position, seemed
to have served for seats. When first discovered, the human
remains were supposed to have been those of persons who
had fled there for shelter when the adjacent country was
laid waste by fire and sword during the ruthless raid of
Alister 31'0011 Citto. The absence, however, of metal
weapons and culinary vessels—both which were of univer-
sal use in the days of this scourge of Are•yleshire, and which
undoubtedly would have been conveyed by therefugees to
their place of concealment—and the presence of cells and
scallop shells, seem to disprove this opinion, and to point to
a much higher antiquity for its inhabitants. What seems
to confirm this opinion is the fact that many of the bones,
tot,th, shells are as firmly embedded in a calcareous matrix
as are the fossil remains in the lias and carboniferous lime-
stone. Mr. Macbride is engaged in examining its contents
and preparing a report on the subject, which, it is to be
hoped, will throw additional light on the history of this in-
teresting cavern and of its interesting occupants.. (t vow
1 A'";.rc4.