The Sun.
London, England, 1863-11-18 00:00:00

THE SUN, LON.DON, WEDNESDAY EVENING,, NOVEVIBiIIi, 18, 1863.

LAW INTELLIGENCE—This Day.

COURT OF EXCHEQUER.

(Before the Lord Chief_ Baron and Barons Bramwell,
Channell, and Pigott.)

THE ATTORNEY GENERAL V. SULTAN AND OTHERS.--THE

SEIZURE OF THE ALEXANDRA.

Sir Hugh Cairns continued his argument against the rule,
with a view to maintaining that the finding of the jury at
the trial should stand. He said the question he was con-
sidering at the adjournment yesterday was whether, sup-
posing you could show any point of evidence that there was
being built in this country a ship wholly unarmed and wholly
unequipped, that it could be proved that there was an arma-
ment prepared, and made ready for that ship (the armament
being at the time stored up in some repository)and.if at the
same time you had conclusive and distinct evidence that
there waslno intention to put that equipment on board in this
country, but, o a the contrary, the intention was to put it on
board out of the Queen's dominions,—whether that could
be an equipment, furnishing, or fitting out ? That was the
question put by Mr. Baron Bramwell in the way of sug-
gestion. The learned counsel contended, that if it were
intended to ship the armament on the high sea outside the
neutral port, it was an attempt to aria, and did not come
within the grasp of the Act, not even if it were
clearly proved that the intention was to ship the arma-
ment. The learned counsel then referred to the cases
of the Oreto and the Alabama. Both ships were built at
Liverpool, both left our shores without proceedings having
been taken against them. No proceedings were taken
against the Oreto until she arrived at Nassau, and there
the case was brought before the Vice-Admiralty Conrt there.
The gravamen of the charge was that she took in munitions
of war while in the waters of N assau. The Oreto was tried
and acquitted. Clearly the view taken by those who took
proceedings against the ship was that short of something
that could be considered q. warlike proceeding they could
not take proceedings against the ship. The Alabama case
is exactly similar in respect to its building. It was not
till the Alabama reached the Azores that she received
her stores, her captain, or her papers and hoisted the Con-
federate flag. It was not until after she had parted from
our shores that she became a ship of war. The case
against the Oreto broke down because there was an absence
of evidence of warlike equipment, The present Attorney-
General, in a speech during the last session of Parliament,
admitted bat though there were grounds of suspicion
against the Oreto, there was an absence of that kind
of equipment which would have justified her seizure.
The law advisers of the Crown considered that sometning
must be done in the shape of armament before proceedings
could be taken. Mr. Huskisson said that was a combi-
nation of ship and armament that constituted the offence.
The ;earned counsel then said he would consider the
evidence heard in the case of the Alexandra—the
actual evidence in the case, about the condition of
the ship, not with respect to the intent, but with
respect to the condition of the ship. Having read the evi-
dence, he intended commenting on it; he said that the
questions arising on the evidence resolved themselves into
very simple elements. The question of a hull, he appre-
hended, was altogether placed on one side. There was no
suggesdon that there was anything in preparation which
was not on board, except that a part of the machinery which
might have been required to complete the whole machinery
of the ship was in course of preparation. He contended
that nothing in the ship at the time was an equipment of
any kind. Machinery, masts, and hammock net tinge,
which were on board, could not be called an equipment— they
were common to all ships. An attempt had been made to
prove that guns were in preparation for the ship. He pro-
ceeded to read the evidence given at the trial in support of
the point; after which he contended that there was not a
scintilla of evidence there connecting the guns (spoken of as
in course of preparation) with the Alexandra.
Baron Bramwell—What is your intention in this argu-
ment ?—that there was no evidence to go to the jury.

Sir Hugh Cairns--I say there was no evidence at all con-
necting these guns with the ship.

Ba ron Brarnwell—Could these defendants be called to
give evidence ?

The Attorney-General—No doubt they could.
Baron Bramwell—l am very glad to hear you say that,
Mr. Attorney-General.
The Attorney-General—That is my impression. I mean
to say that we have never entertained a d oubt on the question
The Lord Chief Baron, after some consideration and con-
sultation on the bench, said that there was a difference of
opinion on the question.

The case was proceeding when we went to press.

COURT OF DIVORCE.
(Before the Judge Ordinary.)
ROOKER V. ROOKER AND NEWTON.

This was a suit by the Rev. William Yates Rooker for
divorce from his wife (who entered no appearance), on the
ground of her adultcrylwith Henry Skipmore Newton.
The petitioner, who was in orders, married the respondent
in Virginia, where he was officiating in 1842. After co-
habiting till 1862, during which period there were four
children, a st,paration took place in this country, in conse-
quence of the intemperance of his wife, and the connection
between her and the co-respondent was then formed.
A letter from the respondent to the Rev. James Rooker,
brother of the petitioner, in which she admitted her guilt,
stating that she had been taken advantage of while under
the influence of drink, and inclosing a letter to her husband
entreating forgiveness, was read as a confession of guilt.

The Rev. James Rooker said he was incumbent of Lower
Gernill, in Staffordshire, and a magistrate. His brother,
the petitioner, had a cure at Christchurch, Winchester,
Virginia, and afterwards at St. Paul's, Louisville, Ken-
tucky. His brother returned to England in 1853, and he
and his wife lived for some time in Mornington-crescent.
Mrs. Rooker was constantly drunk. She went back to
America in 1861, but on the breaking out of the war she
returned to England; but from her intemperate habits it
was atranged that she should leave her husband and
come to his neighbourhood. She lived in his house for
some time, but eventually she occupied a cottage near it.
She had an advance from her husband, which was paid re-
gularly. About the end of 1862 he heard rumours in the
parish, which induced him to have her residence watched.
The result was that the co-respondent, who was leader of his
church choir and superintendent of the Sunday school, was
in the habit of constantly visiting the respondent and
taking supper there. In January, 1863, he (witness) visited
Mrs. Rooker's house unexpectedly, and there found the re-
spondent and co-respondent enjoying themselves at supper,
and immediately atter that the present proceedings were
instituted.

Mr. Staveley Hill took an objection to the legality of the
marriage in Virginia, and the identity of the two persons
(the petitioner and respondent) mentioned in the certificate.
Mary Bates slid she lived at Lower Gornill, and knew
Mrs. William Rooker. On the 31st of December, 1862, she
saw Mr. Newton in her house. Ho came in while she
(witness) was there. Some other persons came is with
him. They had been practicing singing for a tea party that
was to take place the next day. Mr. Newton did not leave
when the other parties did, because Mrs. Rooker took his
hat off and put it over her own head. When he was going
he asked Mrs. Rooker for his hat, but she said she had a
word or two to say to him before he left. Mrs. Rooker
ordered her (witness) to leave the room, but she refuted at
first, saying she shon4l not go till Mr. Newton did, because
he had got a wife. Mrs. Rooker got up her temper, and then
she thought she had better go out. She went home and got
her shawl, and then went round to the window of the house,
and after listening some time, she heard Mr. Newton and
Mrs. Rooker kissing and very comfortable together.
(Laughter.) She could not hear what they were talking
about, but they were very comfortable, that was certain.
(Laughter.)

The counsel for the respondent said he should not further
resist the petition, and, therefore, as far as he was con-
corned, there was an end of the case.

The Judge-Ordinary said he considered the allegations
had been substantiated, and therefore he was satisfied
adultery had bean committed ; but he would consider
whether the evidence was sufficient to prove the marriage.

regard to the rights of others, Here the bankrupt was
present, and was entitled to be heard. He (his Honour)
thought that in all cases where learned counsel could not
attend they ought to hand over their brief to some other
gentleman at the bar. In this case nothing appeared in the
proceelings to show any ground for opposing the bankrupt
passing his examination, as the official assignee reported
that the accounts were verified by the books.
Mr. Bazley said he knew nothing of the facts.
His Honour said the bankrupt would pass his examina-
tion, and perhaps Mr. Preston would consent that the dis-
charge should stand.

It was ultimately arranged the question of discharge
should stand over for a week.

(Before Mr. Commissioner Goulburn.)
RELEASES.

His Honour said that there were three cases for release
before him in this court, and in neither of which had the
rule of court been complied with for filing the affidavit of
service of notice with the registrar; and the cases ought to
be struck out, and they would on future occasions.

SHERIFFS' COURT.
(Before Mr. Kerr.)

ROBERTS V. WILSON.-RER MAJESTY'S PROCLAMATION

AGAINST SMOKING.

This was an action to recover damages for the breakage
of a certain pipe belonging to plaintiff.
Plaintiff said that some time ago a friend in Aberdeen
presented him with a very handsome pipe, and he had
smoked it. Thinking it would look all the better for a
mounting, he intrusted it to defendant, who broke it all to
pieces.

His Honour—Well, defendant, did you break this pipe ?
Defendant--I could not help it. I put a piece of silver on
it, and was just wiping it when it fell all to atoms.
Plaintiff—lt was worth quite 12s.
Defendant—l can only say that I showed it to a person
who knew all about pipes, and he said it was not worth
more than 3s.

His Honour—Well, I shall award plaintiff Is.
Verdict for Is.

As the parties were leaving the box his Honour said—
" Don't you know that the Queen has forbidden smoking
in Windsor Castle? I supposo after this the young men
who are now so fond of it will be giving it up."

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.
ARLBOROTJ GH REET
STABBING A LICENSED VICTUALLER.—Wm. Jones, a
baker, was charged before Mr. Yardley with stabbing Mr.
Arthur Thos. Groom, landlord of the Angel, High-street,
St. Giles's.

The prisoner, it appears, went into the house of the pro-
secutor last night and greatly annoyed the customers. Mr.
Groom put the prisoner out of his house, and while doing
so felt himself stabbed in the arm—the wound having been
inflicted with a pair of scisgors. Mr. Groom then gave the
the prisoner into the custody of John Wright, 82 E, who
said the prisoner, after he had been in custody, said " I'll
do for the -- yet."
Prisoner said that Mr. Groom kicked him in the stomach.
He hoped the magistrate would deal mercifully with him.
Mr. Groom also asked that the prisoner might be leniently
dealt with.

Mr. Yardley committed the prisoner for a month, with
hard labour, stating that but for the recommendation to
mercy from the prosecutor he should have committed the
prisoner for two months.
SELLING FIREWORKS WITHOUT A LICENSE.—WiIIiam
Wilson, of 74, Bolsover•streer, attended to answer the com-
plaint of Inspector Garforth, of the E division, of selling
fireworks without a license, contrary to the 23d and 24th
Vic,, cap, 139, sec. 8, which enacts that any person selling
fireworks without a license shall, for every such offence,
forfeit any sum not exceeding £5.
The case having been proved by Chapple, 46 E,
The defendant said he was not aware that a license was
required for the sale of a few small fireworks to boys.
Mr. Yardley said the defendant ought to have informed
himself of the fact that a license was required, and fined the
defendant 10s, and costs.
COMMITTED WITHOUT A FINE.—A NARROW ESCAPE.
—William Street, a man who refused his address, was
charged before ➢lr. Yardley with assaulting Mr. Charles
Reuben Smith, landlord of the King and Prince of Wales
Tavern, Brick-street, Piccadilly, and also with wilfully
damaging a spirit cask.
Mr. Smith said about 10 o'clock the previous night 'the
prisoner came into his house and made use of vile language
towards his (prisoner's) two brothers. He told the prisoner
to desist, when he seized up a large metal water jug and
flung it at him, but fortunately it missed him, and such
was the violence with which it was hurled that it broke a
spirit cask.

Mr. Yardley asked the prisoner what he had to say.
—-- - -

Prisoner said he was drunk.

Mr. Smith said the prisoner told him that if he had
hit him where he intended, he would have smashed his
head, and that when he came out of prison he would
"do for him." He knew the prisoner as a man that
never worked. •
Prisoner again said he was drunk at the time.
Mr. Yardley said that was no excuse, as he might have
killed the complainant.

Carl, 35 C, said in taking the prisoner into custody,
he said if he had hit the complainant where he intended,
.he would not have been there to charge him.
Mr. Yardley said it was a fortunate thing the prisoner
had not killed the complainant.

The prison:r was then committed for two months, with
hard labour.

THAMES.

BREAKING A WOMAN'S ARM.—Mary Leary, a young
woman, was brought before Mr. Woolrych, charged with
assaulting Mary M'Grath, an elderly woman, whose right
arm was in a splint.

Both women are natives of Ireland and next-door neigh-
bours. They had quarrelled on Wednesday last in conse-
quence of Mrs. M'Grath refusing to take care of some goods
for a countrywoman, and putting them into the street. Mrs.
Leary said she would have satisfaction, and on meeting her
neighbour next day in St. Anne's-lane, Limehouse, she
gave her a push and knocked her down. The old woman
fell on her arm and sustained a compound fracture. She
has beeu under medical treatment ever since, and is not
likely to recover the use of her arm for a long time.
Eliza Smith, living in the same house as the complainant,
was coming down the street, and saw Mrs. McGrath fall.
Mrs. Leary ran away, and she heard her exclaim, " I have
had satisfaction."

Mr. Stoddart, splicitor, who defended the prisoner, said
the prisoner was passing along the street where both
women lived with a large basket on her arm, and acciden-
tally pushed against the complainant, who was carrying a
can of milk. The complainant was about to strike the
prisoner with the can, and to save herself from the intended
blow she pushed the old woman away from her, and she
fell down. He was instructed the old woman was subject
to fits. He was unable to call any witnesses.
Mr. Woolrych, who took great pains in eliciting the
truth and closely interrogated the witnesses, said he was
quite satisfied of the truth of the complainant's statement.
The prisoner said she would have satisfaction on Wednes-
day, and meeting with the old woman, pushed her down
and broke her arm. He did not believe that the prisoner
intended to break the woman's arm. • If he believed she
hid any such intention he would have committed her for
trial. He must however punish the prisoner with some
considerabto severity, for she was answerable for the injury
she had done, though she did not intend to break the old
woman's ann. He sentenced the prisoner to be imprisoned
for three months in the House of Correction and kept to
hard labour.

MAGNIFICENT ORIENTAL GIFTS were presented
to the Emperor and Empress of the French on the
day of the official reception, by the Anne.mite ambassadors.
Several articles of furniture in laeker ; workboxes in ivory ;
two enormous elephant's tusks mounted in silver ; two
rhinoceros' horns mounted in gold; a palanquin similar to
that used by the Emperor of Annam, and destined for the
Prince Imperial ; a handsome sabre mounted in gold, with
the hilt in jade and the scabbard in transparent tortoise-
shell; a dragon in gold, under glass; and a block of eagle
wood. which has a delicious perfume, and representing a
celebrated and sacred grotto in the country. The most in.
terestiog object of all, however, is a _
large carpet of red
cloth, on which is embroidered the one hundred transfortua-
tions of the character of the Cochin Chinese alphabet, which
signifies longevity.
A POLISH LADY, enceinte, was the week before
last sentenced to five lashes. On the husband rEmonstrat-
iog, the number was raised to ten. What English gentle-
man would sit at the same Board of Congress with those
who, if they do not perform, countenance these acts of bar-
barity ? Certainly, an English ruffian would feel dishon-
oured by the contact. The offence of the lady was that she
did not carry a lantern.
lASTLEY'S THEATRE.—Mr• E. T. Smith has
taken the Royal Astley's Theatre for a term of years, and
will open at Christmas.
The French mount into a fort by an entire regi-
ment climbing over a living ladder of six men, one on the
shoulders of the other, against the wall.

The iron-clad ship ettledunia has been removed
from the Victoria Docks to Sheerness, in order to hasten
her completion for sea.

Her Majesty the Queen has remitted a donation
of £3 to Mrs. Mitchell Robertson, Carnoustie, on account
of her having had three children at one birth.
DR. DUNCAN MACPHERSON, INSPECTOR-GENE-
RAL or HOSPITALS IN THE MADRAS PRESIDENCY, has
made a very satisfactory report of the system of giving use-
ful employment to the soldiers in barracks, and the influence
produced thereby on the health and condition of the men.
TUE LATE WRECKS ON THE CORNISH COAST.
The bodies of three more unfortunates have been
washed ashore on the north coast of Cornwall. One was
also picked up on Saturday near Zennor. On his left
arm was a representation of a full-rigged ship, and a
sailor having the English ensign over his shoulder. On
Friday and Saturday Mr. Rickens, coroner, presided at
inquests upon the men who were wrecked from the Lon•
don and Adrian.. Open verdicts were returned i 9 each case .
• ,