The Sun.
London, England, 1862-11-11 00:00:00

NiTITESDAY lEVENING, ifINOVEMBER 41, 1862.

LAW--THIS DAY.

POLICE-THIS DAY.

COURT OF PROBATE AND DIVORCE.
(Before the Judge o,dinary.)
SMETHURST V. TOMLIN.

Dr. Phillimore, on the part of Dr. Smethurst, this morn-
ing applied for probate of the will of Isabella Bankes, a ver-
dict in his favour having been given when the case was
heard before the court.

The court granted the application.
POLLACK V. POLLACK AND MINAMARA:

This was a suit instituted by the Petitioner against his
wife for a dissolution of marriage on the ground of her
adultery with the co-respondent and others. At the trial,
which took place before the learned judge, and resulted in
a decree nisi for dissolution,certain facts and circumstances
were disclosed and confirmed by other facts which induced
the Queen's proctor (Mr. Frederick Hart Dyke) with the
leave of the Attorney General, to apply for and obtain
an order for leave to intervene. In the course of the sub-
sequent proceedings it became necessary to obtain the evi-
dence of the petitioner himself, and
Dr. Spinks now moved for an order to compel the attend-
ance of the petitioner to ba examined, he having refused
to appear.

The learned Judge said, upon looking at the statute he
very much doubted whether, under the 40th section of the
Act he had the power to compel the attendance of the peti-
tioner in cases where the Queen's proctor intervened; what
he could do was to make an order to stay all proceedings in
the suit until the petitioner •did appear.—Order to stay pro-
ceedings accordingly.

UNIVERSITY INTELLIGENCE.

CAMBRIDGE, Nov. 10.

A meeting was held to-day in the schools, which was
numerously attended, the Vice-Chancellor in the chair, to
orz,anise a committee and to take proceedings for raising in
the University contributions for the sufferers in the cotton
districts.

The VICE-CHANCELLOR (Dr. Atkinson) said he feared
the country had thought them tardy in not sooner moving
in this important matter, but in reality they had only now
just got into working order, and the various members of ti
University had only recently returned from their absent()
for the vacation. Oxford had outstripped Cambridge, and
he feared it would do so as to contributions, for the Cam-
bridge chest was not so well lined as that of Oxford. He
read a letter from the Master of Trinity, who was absent,
naming his subscription at £lOO.

The MASTER of ST. Joubr's (Dr. Bateson) moved the
first resolution, " That a committee be formed for collecting
and transmitting contributions," which was seconded by
Professor JEB.EMIE.

Mr. CLIRK, the Public Orator, moved " That this meet-
ing constitute itself a committee." He read letters from
Lord Stanley, Sir E. Armitage, and others.

Professor SELWYN seconded.

Messrs. Campion, Hammond, Emery, and J. Mayor were
appointed secretaries, and Mr. Clark, the Public Orator,
treasurer.

The PUBLIC ORATOR and Dr. LEIPINGWELL urged the
appointment of Undergraduates on the committee, and it
was ultimately agreed that one or more should be named
from each college. .

The JuNionPnocTon said that in his College (Clare)
the Undergraduates had already taken the matter into
their own hands, and made a collection every Sunday,
which was sent on Monday morning to one of the central
committees.

There will be an examination for the Crosse Scholarship
on Wednesday, the 19th November, and following days, at
10 o'clo2k, in the Divinity Lecture Room. The candidates
may Bachelors of Arts of any year under the standing
of Master of Arts, Candidates are required to give notice
to the Vice-Chancellor, on or before Monday, the 17th inst.
of their intention to present themselves for examination,
stating their names at length and colleges.

.EUROPEAN MEDIATION 1N ANE.RICA.

Under the above heading La Patrie publishes the
following :
" We yesterday confirmed the news already spread for
some days in England of an attempt at mediation projected
by France and Russia in America.
" The initiative of this step is due to the Imperial
Government. The proposition emanating from France bas
been immediately accepted by Russia, and it is with
his important adhesion that the same proposition has just
been made to the British Government. What will be the
reply of the Cabinet of St. James's ? Public opinion is
anxious to ascertain it. The joint action of France and of
Russia might perhaps suffice to assure at Richmond and at
Washington the success of an offer of mediation. France
exercises a legitimate influence in America, due to her con-
ciliating and frank policy, and recently to her intervention
in the Trent affair. Russia, on her part, still entertains
intimate relations with the Northern States, formed by the
exchange of services the least forgotttm of which date from
the Crimean war.

"But we do not hesitate to admit that on this occasion
the concurrence of England is almost indispensable. The
common action of the Cabinets of Paris and of St. Peters-
burg would be powerfully strengthened by the adhesion of
Great Britain, whose political position is espeially under-
stood on the other side of the Atlantic.

"Yet, if we are to credit the still somewhat vague reports
in circulation, the proposition of France and Russia has not
met with a favourable reception at London. A Cabinet
Council is to be held on Tuesday, and at this Council the
Palmerston Cabinet will adopt its resolutions."

0...,,•...1

MARLBOROUGH-STREET.

BOW-STREET.
Mr, Edward Capel Whitehurst, of Guildhall Chambers,
City, in Lower Belgrave-place, Eaton-square, solicitor, at-
tended with his bail to meet the charge which had been
made against him by Mr. George Blake Leheup Rogers,
late a cornet in the sth Dragoon Guards, to commit an un-
natural offence.

It will be remembered that at the first examination the
prosecutor, it appeared, in the course of the evidence, had
charged a soldier, named Morris, at the Westminster police
court with stealing his watch, and the soldier accused Mr.
Rogers of a very grave offence. This case was reported in
the newspapers, the soldier being admitted to bail on Lis
own recognisances, and afterwards the prosecutor received
a great many anonymous letters, one of which it was shown
to have been written by the defendant. All the communi-
cations were handed over to the police, and on the defen-
dant meeting the prosecutor as he (defendant) appointed,
he was taken into custody, near Hyde park, and charged
with the offence. The case was proceeded with last Tues-
day at this court as far as the evidence of the prosecutor
and a person named Malcolm was concerned, the latter of
whom spoke to a conversation he had heard between pro-
secutor and defendant when they mot on the evening of
the 224 ult,

Mr. Sleigh said he appeared to complete the case against
the defendant, which was a task of great pain to him, as he
had up to the present time occupied a highly respectable
position in society. He thought the case had been already
abundantly proved, but ho would call another witness to
further prove this filthy and disgusting charge.
Mr. Lewis, who appeared for Mr. Whitehurst, said he
wished to put an additional question or two to the witness
Rogers. _ _

Mr. Corrie, the magistrate, assented, and
Mr. Rogers then took his position in the witness-box.
In answer to Mr. Lewis he said the charge of robbery
which he had preferred against the soldier (Morris) had
been dismissed.

Mr. Lewis—Where you at the Queen and Prince Albert
public-house, at Knightsbridge, on the same night as the
charge was dismissed.
Witness—l was there the night after the charge was dis-
missed. There were soldiers in the room. I spoke to
them. I did not drink with them. I did not give them
drink. I was not hissed out of the house or out of the
street. I have not been to any barracks since. I am
certain I have not been to the barracks of the Blues.

By Mr. Sleigh—There is not the slightest pretence for
saying I have been guilty of any indecent overtures either
on that or any other night in my life with any man. I
went to the public house on the evening referred to by Mr.
Lewis to look after certain persons who were to give evi-
dence in this case.
Mr. Corrie—What was the charge against the soldier ?
Mr. Sleigh—The charge was one of robbery. The ma-
gistrate dismissed it because there was no corroborative
evidence. There was no doubt Mr. Rogers was drunk,
and that his evidence could not be relied upon.
Sergeant Birch, 25 B, said—On the evening of the 22d I
accompanied Inspector Holden to Hyde-park. I first saw
the witness Malcolm near the Green• park. I did not see
Mr. Rogers then, but I afterwards saw him going with
Malcolm towards Constitution-hill. I parted with Inspec•
tor Holden then, and at a few minutes after 6 I saw the
defendant walking to and fro, and then I saw him go and
speak to Mr. Rogers who was standing there, Mr. White-
hurst passed Roger two or three times. I saw them take
each other's arms, and they then came towards me down Con-
' at itution-hill walking very slowly. When I got to a thorough-
fare leading to Grosvenor-place, I stepped aside, and then
they passed me. I stood watching, and here I saw them
standing near some bushes in conversation. I did not hear
what they were talking about. I saw Mr. Rogers show
Mr. Whitehurst a letter. They then moved on about thirty
yards nearer the palace, and then they returned to the place
from where they started. After they got outside the park
at the top of Constitution-hill, I saw Mr. Whitehurst
with a book in his hand writing something. I've seen the
book since. After he had fiaished writinghe gave the
book to B ogers and walked towards Hyde Park corner. I

followed, they turned and met, and stopped close by. I
walked up to them, when Rogers said, " This is the gentle-
man." I said "Is this the gentleman who has written the
letters to you," and Rogers said "Yes." I told defendant
I was a-police-sergeant, and that I should take him into
custody for soliciting and inciting Mr, Rogers to commit
an unnatural offense. The defendant never said a word,
and as I was taking him to the police-sfation he said, " Oh,
will you let me go ; I'll give you my address in the City,
and I'll appear at the police .court to-morrow." I said,
" Certainly not." As we were going down Constitution-
hill I met the Inspector. I told him the charge, and de.

fendant asked the Inspector whether he would take bail.
When I was watching I took precaution to prevent my be-
ing seen by either party.
By Mr. Lewis—l did not see any other person walking
up and down. I saw Mr. Smyth, about 10 minutes before
I saw the defendant, at the corner of Park-lane. The
writing was done perfectly openly. Defendant did not say.
" The charge is untrue, and I have given my address." I
did not charge the defendant with libel. I never thought
of such a thing. I now recollect that when Mr, White-
hurst was taken into custody, Mr. Rogers said he had given
his address, and it was torn out of a book. At the station
he gave his name and address, which was correct. I did
,not know half an hour before I was actually engaged that
I was to have anything to do with this case.
Inspector Holden said—On the evening spoken of I went
to Constitution-hill with last witness. I there saw the pro-
secutor and defendant coming arm and arm together to-
wards some bushes. I then saw them stop and converse.
They afterwards walked on. Shortly after this I met the
prisoner and Birch together; the prosecutor was walking
behind. The sergeant said, " Oh, here is the inspector.
I've got this person in charge." The prosecutor said,
" Yes, I give him into custody." I said what for, and
Birch replied for soliciting and inciting this gentleman
(Rogers) to commit an unnatural offence. The prisoner
instantly said, " Is it a bailable case—will you take bail for
me?" I replied, " I've no power here; speak to the
officer on duty at the station we shall take you to." Pri-
soner said, " What station am I going to ? I said, " King-
street, Gardener's-lane." Birch said, " We'll go through
the park over the suspension-bridge. The prisoner
said " We can't get that way, the gates are closed," so we
went round Eirdcage-walk to the station.
By Mr. Sleigh—When I took the prisoner he never said
anything about furthering the end of justice. I searched
the prisoner after the charge had been taken, and I found
this piece of paper (produced) upon him.
Mr. Sleigh (looking at the paper)—lt has nething to do
with this case.

Mr. Lewis—There is no need of making any mystery
about the matter. The paper alluded to is simply a direc-
tion to Mr. Whitehurst's clerk to call at Copthall-court
about a cheque.
Mr. Lewis—Was anything said in your presence about a
charge of libel ?
Witness• -- No, nothing.
Mr. Sleigh—That is the case.
Mr. Lewis, for the defence, said Mr. Whitehurst was a
man of high character and reputation, and he had many
clergymen and members of Parliament to speak to that fact.
It appears that Mr. Rogers, the prosecutor, was a person
who had charged a soldier named Morris with robbery
under peculiar circumstances, which it was impossible to
exclude from the case. On being charged with the rob-
bery, the soldier turned round and accused him of attempt-
ing to commit an unnatural offence. Mr. Whitehurst was
a solicitor, but he was not skilled in criminal matters ;
and however foolishly or imprudently he might have
acted, he was instructed to declare most solemnly and
in the strongest and most sacred manner Mr. White-
hurst had no criminal intention in writing the letters and
meeting Mr. Rogers on that occasion. He was anxious to
ascertain whether the charge preferred against the soldier
was really true or not, and he should be able to prove that
Mr. Whitehurst had on many previous occasions taken
similar steps for the purpose of clearing persons unjustly
charged. There was no intention on the part of Mr.
Whitehurst to commit an unnatural offence, curious as
it undoubtedly was that he should have been mixed up
with euch an affair. He thought, therefore, the magis-
trate might here stop the case, but if he determined on
committing the prisoner for trial he would reserve his
defence.
Mr. S'eigh said he should be very glad if Mr. White-
hurst could exculpate himself from the charge, and he
should be glad to hear any evidence that might be offered
for the purpose.
Mr. Lewis, after the expression of such a wish, hoped
that the case would be remanded, in order that the neces-
sary evidence might be in attendance.
The case was then adjourned for a week, Mr. Whitehurst
being again admitted to bail.

A PICKPOCKET AT TIIE ILLITNIINATI;;;ArIEBIPT TO
ROB A DETECTIVE.--WM. Johnson, a tall, ill-looking fel-
low, was charged before Mr. Tyrwhitt as follows :
Sergeant Joy, 9C, said—About half-past nine last night
I was in Regent-street, when I observed the prisoner appa-
rently engaged in admiring the illuminations. I walked
down the street, and before going many yards I found the
prisoner's hand in my pocket—(laughter)—l being in
plain
clothes at the time.
Laughter.)
Mr. Tyrwhitt—Did you not feel nervous ?
Joy—Oh, no, not particularly. (Laughter.)ns
able.
Mr. Tyrwhitt—Of course you called fora
eas there was
take a
Joy—He took nothing out of my pocket,
only a rattle in it. I saw him• gloves from a
out of a person's pocket and then
k him into custody,
a
gentleman in court, and he then took
wasonly given to me
Prisoner—Why the handkerchief
yesterday morning.
s got into the person a
mean
Mr. Tyrwhitt—And by some pocketrof handkerchief

btv,mme
pocket.
verJyoyv—iolOennt,taaknidngsaitdhhe
epwriosuonlderput intom ecunusatoedryat _
:ely-place,, Holborn, ;,1
cab
wheel. He also said the handkerchief, was hot marked,
but it was.
=,en
Mr. Tyrwhitt res46hded the prisoner for a week,
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