The Sun.
London, England, 1865-07-27 00:00:00

The Poisoning Case.

ASHBURTON, Wednesday.
After the dispatch of our parcel last night the examina•

tion of Mr. Herapath was continued as to the presence of
the poisons alleged to have been administered, but the
learned professor could not identify the existence of any
deleterious admixture in the flour.

At the request of Mr. Carter, the solicitor for the defence,
Mr. Tucker, jun., produced the will and rnariiage settle-
ment to show that the whole of the property of the wife ol
the prisoner was settled on her, and the prisoner's interest
would cease if she died before her mother, Mrs. Chalker,
as her property would go to her brother.

Mr. Carter, for the prisoner, urged that there was not
sufficient evidence to show the guilt of the prisoner even
to justify the bench in sending the case to another tribunal
The prisoner was not shown to have been in tho house at
the time the pie was made ; no poison was found in the
flour, and no evidence had been produced to show that
the poison (if any) had not been put into the pie by some
other person. He (the accused) would lose all chance
of pecuniary benefit by the death of his wife, and
therefore no motive existed for the commission of such a
crime ; but if the bench thought that there was a prima
fade case made out he (Mr. Carter) should not produce
that which he had, a most triumphant answer to the charge,
which charge was entirely without foundation.
The magistrates withdrew for some time, and after some
consultation with the clerk, the chairman said :—We have
consulted together on this most painful case. We feel that

it is a matter that must be referred to another tribunal. As
for ourselves, we decline to give any opinion on it. We
are not called on to do so. Therefore, without expressing
any opinion, we feel it to be our duty to commit this charge
to the consideration of a jury of the country at the assizes.
They begin to-morrow, and therefore their decision will
soon bd obtained. _ _

The usual caution was then read to the prisoner, who
finally said in reply, " I am not guilty."
On the application of Mr. Carter, the Bench agreed to
accept bail for the prisoner's appearance at the assizes,
personally £l,OOO, and two substantial sureties of £5OO
each. As the two bails wore not forthcoming the Bench
agreed to accept Mr. Chalker as responsible bail to the
amount of £1,000;for the prisoner's appearance.

SALE BY ROUP.—lnstead of its being announced
that the queer dwellings, or the strange land, will be
offered, as is usual with us, for sale at public auction, it is
somewhat unsettling to find that tho property will "be
exposed" for sale "by public roup." At our first meeting
with that phrase we felt a little ignorant alarm lest a
roup" meant something akin to a riot ; and the other
phraseology carried with it an equivocal sound, that about
" exposing" estates for sale ; but the advertisers indicated
no embarrassment on their side, for they occasionally sti-
pulate that it shall be open to "the exposers" to do such
and such things. Ono or two other variations of auc-
tioneering phraseology may be given. What with us is
the "reserved bid," is, in Scotland, the "upset price ;"
instead of the abbreviation " inst." in describing the month
present, the Scotch say " current ;" and the old familiar
phrase in reference to quantities, as four acres, and three
roods, "be the same more or less," with them becomes
four acres and three roods, "or thereby."—Once a Week.
ATTEMPTED MURDER AT PRESTON.—At the Pres-
ton Police-court yesterday, a labourer named John
Snape was charged with attempting to murder a widow,
named Rachel Taberner, living at 14, Stanley-street, Pres-
ton. Snape, who is about 45 years old, has a wife and four
children in Blackburn, but he has not been living with
them for 13 or 14 years, and latterly he has been cohabit-
ing with the woman Taberner. At the inquiry before the
magistrates, Mrs. Taberner said that on Sunday afternoon
she went into the Stanley vaults in Stanley-street, and had
a glass of ale with a man named Simpson. The prisoner
came in afterwards, and she refused when he asked her to
go and sit by his side. When about having a second glass
of ale, the prisoner got behind her, threw his left arm
around her, and drew a table knife across her throat. Ile
cut her, and she:screamed out "murder." The man Simpson
seized him, and she afterwards fainted and fell. John
Simpson, a millwright, deposed that he saw the prisoner
draw the knife across Mrs. Taberner's throat, that he
knocked the prisoner down, and that he believed if he had
not done so the prisoner would have murdered the woman.
When charged with attempting to kill Mrs. Taberner, the
prisoner said, "It was all through jealousy; I might as
well do it as hang myself." Dr. Moore deposed that he
, examined the woman's throat on Sunday afternoon, and
found a slight cut along the front of it, about six inches
long. John Grantham, an old man living in Stanley-
street, deposed that he went up to the prisoner, after he
had been using the knife, and heard him say that he rued
he had not cut the woman's throat.—William Forrest, of
Back Stanley-street, said that on Sunday, about noon, the
prisoner borrowed a table knife, from him, for the purpose
of cutting some tobacco; that after he got the knife he
sharpened it twice ; and that he then went out of the house
with it. The prisoner offered no substantial defence. He
was committed for trial. When the prisoner left the dock
he had to pass the woman whose throat he had attempted
to cut. As he approached her he held out his hand, and
she slightly Smiled and then shook it.

SPIRIT OF THE PUBLIC JOURNALS.

TIMES.—The literature of our elections has now
changed its character ; we have no longer to deal
with the fervid aspirations of candidates, with all
the hopes and fears of a desperate and uncertain
contest before them. Hope and fear have taken
flight together. It is curious to watch how the cer-
tainty of victory or defeat operates upon the minds
of different men—how in some it evokes the better,
and in others the weaker and meaner parts of human
nature. We are alternately surprised by the cor-
diality and good humour with which men will
sustain a crushing and mortifying defeat, and by
the bitterness and ill-temper with which they will
welcome a hard won and gratifying victory. It is
only just to those who have been conducting elec-
tion contests for the last fortnight to record that
upon the whole the exhibition has been very credit-
able to the good feeling of English gentlemen, and
has exhibited the national character in one of its
most favourable aspects—the love of a fair stand-up
fight, and no malice borne on either side after it is
over. There are, as it will be seen, exceptions, but
we cordially acknowledge the great predominance
of good feeling over bad, the very considerable im-
provement in the demeanour of the candidates to-
wards each other, and the absence in general of
those bitter altercations which have so often dis-
credited the upper classes in the eyes of their infe-
riors. There is, probably, no occasion where a
gentleman is so imperatively bound to act worthily
of that character as when brought into collision with
other gentlemen in the face of a large assembly.
Example is more powerful than precept ; improve..
ment of society travels downwards,and if the coarse-
ness and brutality with which the lower class of
English may still be reproached are to be removed,
it must be, we are convinced, by the spectacle of the
self-command and respect for each other's feelings
afforded by those who are their superiors in wealth
and education. Perhaps the most exciting contest,
the one giving most triumph to the victors, and most
regret to the vanquished, was the election for Berk-
shire. In this instance a signal change in fortune
seems to have had an excellent influence on every
one's mind. Col. Lindsay can regret that his senior,
Benyon, is not at the head of the poll, and Mr.
Walter can afford to give his antagonists the satis-
faction of seeing how a defeated candidate looks, and
can console himself with the reflection that he carries
with him the good wishes of his political opponents.
It has been reserved for Col. Lindsay, however, to
give a new reading to the history of the question of
Reform ; it is not a happy one. The Conservatives,
he says, have had thrown on them the work of de-
fending the Constitution. They have thrown out
the measure which the Government of Lord Pal-
merston " came into office to carry, and in the
course of the struggle they have so educated the
public mind that on the final decision of that ques-
tion a much better informed public opinion will be
brought to bear." In this sentence " defending
the Constitution" means opposing Reform, and the
way that the Tories did that was by bringing in a
Reform Bill themselves. They did not throw out
Lord Palmerston's Bill, which they were willing to
read a second time, but they sat still and allowed
it to be talked out by the Liberal members them-
selves ; several among them, Mr. Walpole, Mr.
Henley, and Mr. Gerard Sturt, for instance, being
in favour of a reduction of the borough franchise
below £6. But the strangest assertion is that the
Conservatives have educated the public mind on the
question of Reform. Having deserted their old
principles, and finding their new ones meet with
little acceptance, they were during the last Parlia-
ment very shy of the subject, and, so far from
taking up a position opposed to Democratic change,
it has been a common remark during the present
elections that the Conservative addresses to con-
stituents have been much more sweepingin their
advocacy of Reform than those which have ema-
nated from Liberals. A member of Parliament is
not necessarily a professor of history, and we dare
say at the next general election Colonel Lindsay,
who seems to be labouring under the delusion that
all Liberals arc in favour of Democracy, will not
only know the history of the Parliament in which
he has sat, but will have extended his studies into
the proceedings of its predecessor. In West Kent,
where the contest has been exceedingly sharp, the
election at first seemed likely to pass off with much
good humour. The Liberals, finding themselves
thoroughly beaten, wisely abstained from troubling
their successful adversaries with their presence.
But this fair prospect was overclouded by an
unforeseen circumstance. It appears that some
one had recourse to the shabby and miserable
device of sending round a circular to the elec-
tors announcing that a compromise had been
entered into, so that their presence would not be
required at the poll. The paper purported to be
signed by the Chairman of the Tory Committee.
The successful candidates expressed their firm con-
viction that their defeated competitors knew nothing
of this shameful trick. But Sir John Lubbock, the
defeated Liberal, while entirely acquitting his ad-
versaries, stated, as a good Blue, that, whoever was
the author of the circular, he did not believe it was
any member of his party. This statement, at such
a time, and from such a man, not unnaturally gave
great offence to those who had come to celebrate a
triumph, and not to encounter aspersions on their
character. At an election everybody is either Blue
or Purple, and he who denies a thing of the Blue
asserts it of the Purple. After a scene of infinite
confusion and uproar Sir John Lubbock was under-
stood to say that, though he believed the forgery
was not the work of a Blue, neither was it the work
of a true Purple. The Kentish yeomen need not
have been so indignant. It is evident that their own
agents think little of the matter, for they have only
offered £2O to discover the offender, while the Libe-
rals, against whom they discharged the vials of their
wrath, have offered £lOO. Whichever side forged
this document ought to be ashamed of itself, but the
anxiety to discover it is so far much more evident.
among the Liberals than their antagonists. We
should be glad also to know what answer the Con-
servatives of West Kent have to make to the letters
which we have published showing that they, on more
than one occasion, personated Liberal voters. In
North Yorkshire Mr. Milbank, the Liberal candi-
date, who has been returned at the head of the poll,
seems to have been elevated to something like poetic
fury by the completeness of his success. His two
competitors are his intimate friends, and he will be
glad to extend to them the right hand of fellow-
ship. But this is the way in which he speaks of one
of them, and if such can be his friendship we
wonder what his enmity is :—" I have shaken to its
foundation," he says, " the House of Duncombe "
(his intimate friend) ; have torn down the blue
flag that floated from the towers of Duncombe-
park—mind you, the symbol of the degradation
and the thraldom of the North Riding. I have
broken the neck of Conservatism in the North
Riding of Yorkshire." Who would not be happy in
the possession of a friend like this, who, though
driven by an imperious sense of public duty to oppose
his friend politically, can console him for any trifling
reverse that may occur by such comfortable words
as these ? We confess that we prefer the modera

tion of Mr. Duncombe to the high dithyrambic tone
of Mr. Milbank. He confessed he was disappointed
with the speech of Mr. Milbank, because he thought
it would have been better taste at least to show
some moderation in language after having been so
triumphant in action. Ile admitted the triumph,
and he congratulated Mr. Milbank personally. Mr.
Morritt could not understand the feeling of any
gentleman who after he had beaten him still kept
hitting at him. We must confess that in this in-
stance victory did not declare for the side which
bore away the palm in good manners and good feel-
ing. All the seats except the cases of double return
are now filled up ; the great battle is decisively lost
and won ; the elections will make, as near as we
can calculate, a difference of fifty odd votes on a
party division. The turmoil has died away, and
people are probably themselves astonished at the
heat and vehemence into which they have been
transported ; but the bickerings and ebullitions of
the disappointment of defeat or the presumption of
success will soon be forgotten or forgiven, till at an-
other and, we trust, a distant day, the country is
again summoned to go through the fiery ordeal of
another election. We can only trust that the next
time rival parties confront each other things will be
carried on, upon the whole, with as much good taste
and good feeling as have characterised the very
lively, and, upon the whole, very creditable pro-
ceedings of the contest of the present summer.
PosT.--Although the obligations which men and
women respectively undertake towards each other on
entering the marriage state remain theoretically un-
changed, it is unquestionable that they have of late
years, at least in this country, practically undergone
very serious modifications. In the eye of God, as
also in that of man, husband and wife continue to
be regarded as one flesh, but the necessities of a
higher order of social existence have rendered it ex-
pedient that, under particular circumstances, the
" one flesh" should be resolved into its component
elements. The man, as any one who is called upon
" to assist" at a wedding discovers, still assures the
woman that, irrespective of all possible contingen-
cies, he forsakes the entire female sex for her during
her lifetime ; and the woman having on her part
entered into a correlative obligation, the priest pro-
nounces them to be indissolubly united. As a mat-
ter of fact, however, both the man and the woman
know better, and each is perfectly well aware that
the union will only subsist so long as both the con-
tracting parties desire it. It is not our intention now
to inquire whether the Divorce Act works well or
otherwise, but simply to remind our readers that the
entirely differert complexion it has given to matri-
mony renders it scarcely possible even forthose who
hay° devoted the most careful attention to the sub-

_ .
ject to ascertain the real position in which husband
and wife respectively stand to each other, and to be-
come familiar with the circumstances as well as the
conditions under which a bond which is found irk-
some may be sundered. Formerly, when people
took each other for better for worse, the only matter
left for decision was whether an individual was pre-
pared to enter into a life-long contract ; but under
the existing regime the considerations which present
themselves to the minds of reflecting people are so
manifold that every thoughtful person would do
well to weigh them with great care. In the
words of the proverb, no one ought to buy a pig
in a poke, and every man and woman who has a
due regard for his or her happiness ought, before
marriage, to ascertain what they ought to do and
what they ought to avoid, if they should be
desirous of returning to a state of what may, for
want of a better designation, be termed single bles,sed-
ness. It is remarked that there has been of late a
growing disinclination towards matrimony on the
part of our aristocratic youth, and we cannot avoid
thinking that this unwillingness has been to a great
extent fostered by the erroneous- impression, which
our social history during the past seven years has
failed to eradicate, that matrimony is in some sort a
sacred and irrevocable contract. Writers ou the
science of jurisprudence bear unanimous testimony
to the great difficulty which attends all attempts to
extinguish traditionary usages by positive laws ; we
ought not therefore to be unreasonably astonished
if the rising generation have not completely eman-
cipated themselves from the prejudices of what we
may still call the present age. A decision pronounced
on Tuesday last by Sir James Wilde, exposing one
of the pitfalls into which a young man of wealth
may drop if he should marry a woman of whom he
subsequently tires, has induced us to offer a few
remarks on a topic which is confessedly one of great
social interest. In the suit of Sidney v. Sidney, a
petition was presented by the wife, praying for a
dissolution of her marriage, on the ground of her
husband's cruelty and adultery. The charges were
established, and the usual decree pronounced. After
the lapse of the customary interval to admit either
of appeal or of the intervention of the Queen's Proc-
tor, the Court was moved to make the decree abso-
lute, and, at the same time the late wife petitioned
that her husband should be ordered to make an
I annual provision for her support. This raised an
extremely nice point-Ist, as to the power of the
Court to accede to the wife's prayer; and, 2dly, as to
the scale on which, if her petition was complied with,
permanent alimony should be granted. The ecclesi-
astical courts were in the habit of compelling a
husband to make permanent provision for his wife
when they pronounced a divorce A mensa et thoro,
but as such divorce did not amount to dissolution
of the marriage tie, the subsisting relation of hus-
band and wife constituted the foundation on which
the alimony was granted. In cases of judicial sepa-
ration, which stand on a similar footing with the
previous divorces, the new Court has invariably
followed the example set it by the ecclesiastical
tribunals in respect to permanent alimony. But in
cases where the marriage is actually dissolved, the
same precedents do not apply, and the Court is
compelled to confine itself to the exercise of those
powers which are granted by the statute which called
it into existence. It had already been decided by
Sir C. Cresswell that in those cases where the wife
was the complainant she ought not to be compelled
to purchase redress at the cost of being left destitute,
whilst on the other hand it would be impolitic to
give her a large pecuniary interest in obtaining a
dissolution of the marriage tie. In the present in-
stance, however, the application of the principle has
been extended by Sir J. Wilde, and husbands are
now informed that they cannot get rid of their wives
by providing them with a bare maintenance. The
Judge Ordinary declares that it is a very common
case indeed for a young husband to get tired of his
wife shortly after marriage, and endeavour to shake
her off. To such a one he says, " According to
your ability you must still support the woman you
have first chosen and they discarded, and so much
of the duty of the husband as consists in the main-
tenance of his wife may be justly kept alive and
enforced upon you in favour of her whom you have
driven to relinquish your name and home."
And accordingly, as Mr. Sidney was the possessor
of realised property, a decree was made that an
annual sum of £245 should be paid to his late wife
whilst she remained unmarried, the Court profess-
ing itself unable to deal with the husband's profes-
sional income. The law of England is said to be
made up of judicial precedents, and as the marriage
law is one with which every one should be familiar,
here is one which we recommend to the attentive
consideration of all bachelors of property who are
thinking of entering into the holy state of matri-
mony. We should advise such to reckon well the
cost of the possibly temporary luxury in which
they may be about to indulge. If they fancy a
good-looking-girl as a' wife for a few years,
they should not forget that, although by a judi-
cious course of cruelty and dissipation they can
virtually compel her to abandon the home they have
provided, they may have the misfortune of seeing
an ugly slice taken out of their ancestral estates
for her future support. It is satisfactory, however,
to see that merchants, tradesmen, and professional
men do not labour under the same disadvantages,
and that the Legislature enables them to get rid of
their wives without the necessity of maintaining a
costly, and thenceforth a useless burden. With a
man's earnings the Court cannot interfere. On
the whole, however, we do not think that, with the
facilities new afforded for dissolving marriages,
either man or woman can complain of being
needlessly hampered. As soon as the law of divorce
is carefully determined, and becomes more generally
understood, people when they marry will, to bor-
row a common expression, " know exactly where
they are," and matters will run on smoothly
towards that happy consummation to which one or
both will look forward when they will be in a posi-
tion under different, if not happier, auspices to re-
peat the experiment. " The possibility of freedom,"
as Sir James Wilde said when delivering his judg-
ment the other day, "begets the desire to be set
free, and the great evil of a marriage dissolved ie
that it loosens the bonds of so many others."
The word " evil" is clearly a misprint for " advan-
tage," as it is impossible to conceive that the
Legislature would maintain in existence a tribunal,
the presiding judge of which dissolves some eight
or ten marriages a day, and at the same time be-
lieves that each dissolution contributes in an appre-
ciable degree to weaken the binding efficacy of
several existing marriages.

Foreign Mail Packet List.

MAILS DUE.
Australia and New Zealand, via Southampton... Aug. Aug. IS.
Ditto, via Marseilles
12.
Brazil and Cape Verde. by British Aug.
packet Aug. 4. Ditto, by French packet ......... . July 22.
Cape of Good Hope, Ascension, and St. Helena Aug. 21.
China, Penang, and Singapore, via Sou,hampton Aug. 2.
Ditto, via Marseilles .. July 27.
Falkland Islands
Gibraltar, via Southampton
Ditto, via Marseilles . July 27.
India (Bombay), via Southampton. July 26.
Ditto, via Marseilles July 26.
Mauritius, via Southampton Aug. lO.
Ditto, via MarseilAug. 4.
Newfoundland
Portugal Aug. 2.
• .. ....
Ditto, by private ship to Lisbon..
United States and British North America, by Bri-
tish packet
Ditto, by United States packet, via Southamp-
ton
Ditto, via Cork . ••
Ditto, by Canadian packet, via Londonderry.. July 28.
eira'and Tenerilre ...... Aug. 10.
Bahamas, Cuba,
West
tt Clonasditesof
and
dlim Ma
Pacific
(except
and Mexico ................. July 29.
Bahamas, via New York.
................ July 27.
Bermuda, ditto • . .....
Cuba and Mexico ....... Aug. 2.
...... July 29.

Births.
FREMANTLE.—On the 26th inst., at 58, Curzon-street, the
wife of the Rev. W. H. Fremantle, of a son.
Holsom-L-0n the 24th inst., at Roslyn Bank, Hampstead,
the wife of George HoHord,- Esq., of a son.
STUACHEY.—On the 24th inst., at Willenhall House, East
Barnet, the wife of Colonel Richard Strachey, R.E., of
daughter.

Marriages.
HUTTON—HOLLAND.-011 the 25th inst., at Dumbleton,
Gloucestershire, Crompton Hutton, Esq., to Harriet
Sophia, the eldest daughter of Edward Holland, Esq.,
M.P.
TORPHICHEN—MAITLAND.—On the 25th inst., at Edin-
burgh, the Right Hon. Lord Torphichen, to Helen, the
youngest daughter of the late Thomas Maitland, Esq.,
of Dundrennan.

Deaths.
BYASS.—On the 22d inst., at Cuckfield, Lovel Byass, Esq.
aged 80.
Cox.—On tho 25th inst., Mr. Philip Cox, of Richmond,
Surrey, aged 63.
FRASER.—On the 26th inst., at 82, Bishopsgate-street
within, Finlay Fraser, Esq., aged 38.
GATILS.—On the 24th inst., at Brighton, Richard Gates,
Esq., aged 85.
ITART.—On the 10th of May last, at Melbourne, Australia,
Henry George Cheney Hart, eldest son of the late
Robert Hart, Esq., barrister-at-law, aged 24.
KENNEDY.—On the 24th inst., Richard Hartley Kennedy
Esq., late Physician-General of the Bombay Army.
LEvy.--On the 25th inst., at 28, King William street
Strand, Samuel Levy, Esq., aged 76.

London : Printed and Published by WILLIAM ANDREW:
of No. 112, Strand, Printer, at Tuz SUN Office, No 112,
Strand, in the Precinct of the Savoy, in the Gouty of
Mlddlelex,•—Thuraday, July 27, 1865.

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