The Sun.
London, England, 1862-04-11 00:00:00

ASSIZE INTELLIGEACE.

HOME CIRCUIT.-KINGSTON, April 10.

CIVIL SIDE.
(Before Lord Chief Justice Erie and a Special Jury.
KING V. THE VISCOUNTESS FORBES.
This was an action brought by the plaintiff to
recover a sum of £560 upon a bill of exchange ac-
cepted by the defendant, and also upon a count for
money had and received through the agency of a
person named Martha Augusta Arthur Richards.
Mr. Sergeant Shee and Mr. Talfourd Salter were
and Mr.
pforrentthiece
wplaintifferefo
r;
The case, as opened by the learned counsel for
thaneddeMfern.dßan°tv.illi QC"
the plaintiff, and from the evidence that was after-
wards brought forward, appeared
.to be of a very
singular character. The plaintiff, it appeared,
was a musician, employed at the Argyll-rooms,
and in the month of January 1860, a lady named
Richards, whom he had only known for a short
time previously applied to him for a lean of £5OO
upon the acceptance of the defendant. He declined
to procure the money unless Mrs. Terrett, the de-
fendant's mother, and Miss Richards also put their
names to the bill, and this was agreed to, and it
appeared that eventually a bill was drawn for
£560, which was accepted by Lady Forbes, and
i
indorsed by her mother and Miss Richards; but t
may be as well to explain that this bill was not re-
lied upon in the present action, because it appeared
to have been drawn upon an insufficient stamp, bat
the money-was sought to be recovered from the de-
fendant upon the ground that she had authorised
Miss Richards to act as her agent, and to support
this view of the case some letters were produced, in
one of which the defendant requested Miss Richards
to be sure not to give up the signed note, the bill in
question, until she had got the money, and at the
same time thanked her for the trouble she had taken
in the matter. Some other letters bearing upon the
same point were also put in, and the defendant ap-
peared at that time to be on terms of very great
intimacy with Miss Richards, and addressed her as
"My dearest Miss Richards." The answer to the
action was that the defendant had never authorised
Miss Richards to act as her agent to obtain the
money from Mr. King, the plaintiff, and that in
point of fact she had never received a farthing of
the proceeds of the bill she had accepted.
Mr. James King said—l am the plaintiff in this
action, and reside at No. 18, Frith-street, Soho, and
am a professor of music, and am engaged as one of
the band at the Argyll-rooms. In January, 1860,
I was acquainted with a lady named Richards. I
had been introduced to her two or three months
before. About the 30th of January, 1860, she
showed me this bill and the letters that have been
produced.

- Mr. Bovill here interposed, and objected to the
document being treated as a bill of exchange. It
was upon an insufficient stamp, and consequently
could not be received as a legal instrument.
Serjeant Shee admitted that he could not recover
upon the bill, and he merely proposed to introduce
it as part of the transaction.

The plaintiff was then further examined, He said
—Mrs. Terrett, defendant's mother, was present,
and I asked her if her name was on the bill, and
she said that it was. Miss Richards afterwards
told me that Lady Forbes had requested her to
negotiate a loan of £5OO for her for some temporary
purpose, until a mortgage for £2,000, which was in
contemplation, should be completed, and I under-
stood that Miss Richards' mother was going to ad-
vance that money. I said that I should require Miss
Richards' signature, as well as those of Lady Forbes
and her mother, to the bill, and they agreed to my
proposition. When the bill came into my possession
I took it to Mr. Bignell, the proprietor of the Ar-
gyll-rooms, and asked him to discount it, but he
would not do so without my putting my name to it,
and he then gave me a cheque upon his bankers,
Messrs. Seale, Low, and Co., in Leicester-square,
for £5OO. I received four XlOO notes, five £lO notes,
two £2O notes, and £lO in gold, and I took the
money to Miss Richards and gave it to her in the
presence of Mrs. Terrett. At this time Miss Rich-
ards owed me £llO upon other money transactions,
and she paid me out of the proceeds of the cheque.
She at the same time said that she had already ad-
vanced Lady Forbes £250 out of her own resources
on account of the bill, and she was going to pay
the remainder to her crec:it at Messrs. Coutts's.
Cross-examined—I first became acquainted with
Miss Richards at the latter end of 1859. She was
introduced to me by a lady named Thorne. She
resided at that time at Chester-terrace, Pimlico.
The Argyll-rooms are dancing rooms in the Hay-
market. lam one of the band, and receive a salary
of two guineas per week. I never saw Miss
Richards at the Argyll-rooms. She owes me at the
present time £219, and also a small bill for coals,
about £l2, I think. lam a dealer in coals as well
as a musician. I swear that I have not seen Miss
Richards since February, 1860. I!have heard that
she resides in Gloucester-place, Portman-square,
but I swear that I have not visited her there, and
that I did not go to her house last Thursday night.
I was very anxious that she should be here as a
witness, and I believe that she has been subpcenaed.
Since this transaction I have heard that Miss
Richards' mother resides in Wales, and that she is
a pauper receiving parish relief; and I have heard
that Miss Richards herself was originally a maid of
all work. I have not taken any steps to get the
money that she owes me, because she has been a
bankrupt, and I was told that there was no estate.
I heard that she was refused a certificate on the
ground that she was a swindler. I have bought
and sold pictures, but I never sold one to Miss
Richards. I did once lend her one to place
in one of her rooms in Chester-terrace. It
was worth £BO. I believe the subject was the
Holy Family. (A laugh.) Her house was ele-
gantly furnished. Ido not remember her giving a
grand dinner to a number of officers and gentlemen,
and I did not lend her glasses and other materials
for the entertainment. Ido not know that none of
the furniture in the house was ever paid for. I sold
Miss Richards on one occasion three handsome
looking-glasses for her drawing-room. I only occupy
the two top attics in the house in Frith-street, and
one of them is used as a counting-house and the
other as a bed-room. I only occnpy these rooms
for my business, and my family live out of town.
There were nothing but business transactions be-
tween me and Miss Richards. I saw Lady Forbes's
solicitor upon the subject of this bill, but I swear I
did not tell him that I had myself advanced £3OO
upon it.
In re-examination the plaintiff said that he had
been engaged for several years in the orchestra of
the Opera, and he was a member of the Royal So-
ciety of Musicians. He also said that Miss
Richards appeared to be on very intimate terms
with Mrs. Terrett, Lady Forbes's mother ; and he
had no idea that she was such a person as she turned
out to be.

Mr. Robert Bignell deposed that he was the pro-
prietor of the Argyll-rooms, and Mr. King was one
of the band he employed. He said that he applied
to him upon the subject of the bill in question, and
he agreed to discount it if he would put his name
to it; and when he had done so, he gave him a
cheque for £5OO. The bill became due on the 2d
of May, 1860, and was dishonoured, and he handed
it to his solicitor. The plaintiff since then had been
paying him £l2 per month, as instalments off the
amount of the bill, and he had paid altogether about
£l3O.

Mr. Seale, a clerk in the bank of Seale, Low, and
Co., proved that he paid the cheque in notes, as
stated by the plaintiff.
Sergeant Shee then asked that Martha Augusta
Richards, the lady who had been referred to in the
evidence, should be called upon her subpoena ; and
this was accordingly done, but she did not appear.
Mr. AV, It. Phelp, the son of the plaintiff's at-
torney, was then examined, and he proved that he
had made every endeavour to discover the residence
of Miss Richards, but did not succeed in doing so
until Monday last, and he immediately took the
necessary steps to procure her attendance by
causing her to be served with a subpoena.
_ _

A lad in the service of Mr. Phelp proved that on
Tuesday he went to Miss Richards's residence with
a subpoena in an envelope, and a sovereign was also
enclosed in the envelope. He saw the lady, but she
said she was too ill to attend, and she could not
give evidence against Lady Forbes. She also said
that she was going to pay a visit to her " mamma"
in Wales. (A laugh.)
This was the case for the plaintiff.
Mr. Bovill having addressed the jury for the
defendant,
Lady For Les was then c:Tantincd. She said—l
am the defendant in this action. I was first intro-
duced to Miss Richards in August, 1859. MY
mother introduced her to me ut my house in Eaton.
square. I was never in her house. She represented
herself to me as a lady of fortune, and said that she
had just purchased a house in Chester-terrace, arid

she should like to have it furnished in the same
style as my house was. She offered to lend me
money, and told me that she had just come to a very
large fortune through her mother, and she wished
to invest some of it. I told her that I was paying
very large interest upon a mortgage, and that if I
could obtain £2,000 to redeem the mortgage, at
less interest) I should be glad to do so, and I would
give her a semitity upon some of my property.
She at first agreed to M me have the £2,000, hilt_
afterwards said she could not do so because
.an
she
guardian
until not obtain any motley from her ard
until July, but she told me that if 1-I,P sum or
would be of any use to me, she would /end it me
from her own resource?. Mly solicitor's af!e: this
prepared a deed rir d I executed it.aT,d Miss Richards
sent a cheque for £5OO to my bankers to be placed
to my account, but it was dishonoured. She made
several excuses, and ultimately said that she could
not obtain the money unless I gave her my ac-
ceptance, and I gave her the bill in ques-
tion, not to be discounted, but in order,
that she might get the money from her friend
Mr. King. I never received one single farthing
of money, either on account of the proposed loan
or of the bill, and when I found that the cheque was
dishonoured I became alarmed. I have never seen
Miss Richards since September, 1859, and I was in
Ireland during the time the transaction was going
on. I never gave Miss Richards any authority to
borrow money for me. After the cheque had been
dishonoured, r made inquiries about Miss Richards
and, discovered that she was an impostor.
_ Cross-examined—She dined at my house once, but
I_
_never went to her residence in Chester-terrace.
My mother first introduced her to me, and she spokeo
fher as being the most kind and amiable person
that ever lived. (A laugh.) I received several let-
ters from her prior to January, 1860, upon the sub-
ject of the proposed loan, and she enclosed the ss.
stamp to me in a letter. When I found out what
kind of person she was, I destroyed the greater por-
tion of her letters, and I do not know what has be-
come of the remainder of them unless I have given
them to my solicitor. I stated in one of my letters
to her that I should have to pay the £6OO bill when
it became due, and of course I should have done so,
if I had received the money. Miss Richards always
alluded to Mr. King as her " dear friend," and said
that he was the person who was going to let her
have the money that she was to lend me. I did not
know who he was, but thought, of course, that he
was a gentleman. I was not aware that the bill
was upon a wrong stamp until I was informed of it
by my solicitor.
Mr. Stewart, the attorney of Lady Forbes, proved
that he first saw Miss Richards in September, 1859,
when she came to his office accompanied by Lady
Forbes's mother upon the subject of the projected
loan. He afterwards went to her house in Chester,

terrace, and observed that it waa elegantly furnished
and everything presented the appearance of her
being a•person of wealth. At first the proposal was
that Miss Richards should advance £2,000, but she
said she could not get that sum from her guardian
until July, but she would lend Lady Forbes £5OO
herself. The security was arranged, and a deed
was prepared pursuant to the terms that were
agreed upon, and after Lady Forbes had executed
this deed, Miss Richards sent a cheque that was
dishonoured, and no money was ever advanced under
the deed, and the whole affair, so far as she was
concerned, turned out to be a fraud. In February,
1860, in consequence of information he received
from Lady Forbes, he demanded the restoration of
the bill from Miss Richards, and he saw the plain-
tiff at her house, and he then told him that he had
advanced £3OO upon the bill, and did not say a word
about it having been discounted for Lady Forbes.
Thomas Claridge, a clerk in the service of Messrs.
Stewart, was then called, to prove that he had
watched the plaintiff on Thursday last, and that he
saw him leave the Argyll Rooms in a cab, and fol-
lowed him to Portman-square, where he got out,
and he saw him go to a house in Gloucester-street,
where Miss Richards, as ne was told, resided; and
on the following day he saw a lady come out of the
same house, and this lady was supposed to be Miss
Richards. He said that after the plaintiff had re-
mained some time in the house he came out, and
was then driven to the neighbourhood of Soho.
This witness was cross-examined with regard to
the identity of the plaintiff with the person he had
seen, and the answers he gave were not at all of a
positive character; and in the result, on being
pressed by Sergeant Shee upon the point, he said be
would not swear positively that the plaintiff was
the person he saw, although he added that he be-
lieved he was.

Mrs. Terrett, the mother of the defendant, was
then examined, and 813 stated that it was not true,
as the plaintiff had represented, that she was pre-
sent when he handed the money to Miss Richards.
General Downing proved that the last witness
introduced Miss Richards to him, and that the lat-
ter, at the time the proposed loan was in contem-
plation, asked him to put his name to a bill for
£5OO, and at the same time told him that she was
going to lend the money to Lady Forbes, and she
could not get it for her unless he put his name to
the bill.
This was the defendant's case.

Sergeant Shee then said that he was solemnly
assured by the plaintiff that there was no truth in
the statement of the witness Claridge, that he had
gone to the house of Miss Richards last Thursday,
and he was desirous of examining him upon that
poirit.. _ _

Lord Chief Justice Erie said that the plaintiff
had already denied having gone to the place in
question on this evening, or at any other time; but,
if he desired it, he had no objection to his making
any further statement he thought proper upon the
subject
wasos vi
ti e
manneraccordinglythatrecalled,h
edid n
and he stated
leave
in Mr.the Kingmost
positive

tha Argyll Rooms until 12 o'clock last Thursday
night, and that he then went to a tavern in the
neighbourhood, and from thence to his own home.
He added that he could bring the whole of the band
who were engaged with him to confirm his state-
ment, if it were necessary.
Mr. Bovill, in summing up the defendant's case,
said he would admit, if it was any satisfaction to the
plaintiff, that witness might be mistaken in speak-
ing to his identity, but he thought he was at all
events entitled to say that some person or other had
gone from the Argyll Rooms to Miss Richards's
house, and that some negotiation was going on with
her upon the eye of this action being tried. He then
referred to the facts that he had proved on behalf
of the defendant, and contended that they had
clearly established that Lady Forbes had never
employed Miss Richards as her agent ; and that,
even supposing any money had been abtained, which
he said, appeared to him wan very doubtful, she was
entitled to a verdict ; she was not responsible, as

she was no party to the transaction, andnot a single
shilling of al, money had come into her possession.
Sergeant Shee then made a most energetic ad-
dress to the jury in reply, and he particularly com-
mented upon the fact that none of the letters, which
it was admitted had been written to the defendant
by Miss Richards upon the subject of this loan, had
been produced ; and he also observed upon the ab-
sence of Miss Richards, who, he said, was a witness
that the defendant, as it appeared to him, was
bound to have brought forward.
Lord Chief Justice Erle then summed up, and
having called the attention of the jury to all the
points in the case, concluded by stating that if the
jury were of opinion that the money was paid by
Mr. King to Miss Richards, and that Miss Richards
was at the time the authorised agent of Lady Forbes
to receive the money for her and on her credit, their
verdict ought to he for the plaintiff; but if they
thought either that Miss Richards did not receive
the money, or that if she did she was not the autho-
rised agent of Lady Forbes, then they ought to find
a verdict for the defendant.

The jury almost immediately returned a verdict
for the defendant.

in his
A GRATEFUL ACTRESS.—A Paris letter says :--
" Madame Ristori has been on a visit to M. Miresof his
prison at Douai, remembering that in the )
pros-
perity the famous banker sent her a
for bet benefit.
tion for one of the representations given gratitude, and, it
Mires was greatly affected at this mill, of
shedding tears. In the
is said, was unable to refrain.dfrtoom
the groat tragedian that
veryen d
liberala subscrip-
tion
of conversation he .
he was certain of being condemned, d7nmed, but that he would speak
scandalous reports made at
before the case was over.
action have, it would appear,
the commencement of the .
• Mires will doubtless make up his
some foundation.
touch to
ssayPitlhlst—tiSiZnpgutrhif3.frioning
t moment if lie has anything to say."
to speak at the last mind
Weakness.
stones from debility
the stepping
Pills are
appetite, promote digestion, regulate the liver,
mi
sE noti'll. toi
increase the
[AnvEnTrsiEt
stimulate the bowels, and rouse the kidneys—advantages
will be sought' in vain in another combination of
which y
innocent drugs. A course of these excellent Pills balances
the circulation, braces the unstrung nerves, gives firmness
to the flaccid muscle, and develops natural energy of cha-
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indispensable for a happy life. Holloway's Pills will be
found useful by the members of every household, The
young, mature, and aged, will discover that these faultless
fills exhibit themselves according to each individual's
need,

She stated yesterday that she bcught the watch
of her father, who travelled about the country, end
gave him £lO for it. She believed he wge ;any,-
Australia. The time which his lordship lwt
ordered it to be detained had expired, and she, had
made repeated applications, but couid rot obtan!
She had been in the habit of drawing money fro,:.

the Westirinstc; Bank. She had drawn £25, i‘n:t
Cie ~tst amount the received was £l5, in'two bur:

of x 5 each, but she could not say what the oth,•r
sums were, she knew the last was £l. Her fathe;'•<
name was Ala,horicT, and she received the money
that name. '

The Lord Mayor said he was not quite sraiEffid.
with her account, and ordered
the watch to be fur-
ther detained.

Frederick Osborne and Thof.las WI-lite. two rul-
fianly looking fellows, were broi:ght up, charged
with stealing from behind the bar of the George a ne.
nfa Osborne; and
Dragon public-house, in Hounsditch, £1 14s. 6d.,
the money of Mr. William Riley.
It appeared that the barman left the bar for a.
from
o ni
into yesterdayaa
ss
theimorninghaeotherm allde°
fewl momentsandw
hi
White
et
was
ut
outside. o'clockAs
soon
and on his return he saw the prisoner naenrdinhseidaet
the
e
bar,
him White attempted while he was hoilding to
ess wilo came to the latirman's
pursued
same
supef edi
materhaelliesr
istehsdoenysome
ran
n.
mrhdaoinn s
caughteahywa
rescue him, and a witi:.
his own, 0 a
assistance saw White pu,..
was found on
1 v
Th prisoner's White.
they w were
ecekoemt andm icommitted
transfere
, .
being searched the exact money was
fortriailt.

BOW-STREET.—William Cole, who on Wed-
nesday was charged with threatening Lold Shaftes-
bury, and was then ordered by Mr. Henry to be,
examined by the medical officer of St. Martin's,
was again brought up in custody of Sergeant
Browne, of the A division, the medical officer, Dr.
Bainbridge, having reported that he saw no suffi-
cient reason to say that defendant was of unsound
mind. By order of the sitting *magistrate, Mr.
Hall, a messenger was sent to the 210 use of Mr.
Henry, who had originally heard the case, but that
gentleman being absent from town the case pro-
ceeded before Mr. Hall. Mr. Storer was recalled,
and repeated the evidence he had given on Wednes-
day. When the defendant came yesterday it was 4
about one o'clock. He met witness in the street and
followed him to the office. Witness invited him into
the waiting-room, and he said, "No, if you once
get me inside the -- place you will keep me
there." Witness replied, "No such thing, we cer-
tainly have no desire to keep you here." The de
fendant marched up and down in front of the office,
with a stick in his hand, imitating the volunteer
exercise. He was dressed fantastically, and had a
dog following him. He said he would smash or
slay Lord Shaftesbury and all the commission-
ers. From the expressions he übed I think he 34
animated by ill-feeling towards Lord Shaftesbury,
Mr. Hall—From his behaviour do' you think if
he were to meet Lord Shaftesbury hhe would Use
violence towards him ?
Witness—l think he would insult him.
Mr. Hall—l do not mean by words. Do you
think he would use personal violence ?
Witness—l think so.
Defendant—Did you say Lord Shaftesbury Tvas
in the country ?
Witness—l did not.

Defendant--Did you say he was not at the office
Witness—No; I said I had been out and did not
know.

Mr. Hall said the point was immaterial.
Mr. Robert Wilfred Skeffington Lutwidge—l cm
a commissioner of lunacy. I never saw Mr. Colo
until very recently, in the street. I have hr,d offi-
cial knowledge of Mr. Cole's antecedents for the last
four years. May I be permitted to state at the out-
set that Mr. Cole is mistaken if he supposed that

there is any feeling against him on the part of the
commissioners of lunacy, or any of them. From the
official reports which we have received, subsequently
confirmed by the commissioners, who have visited_
Fisherton House, near Salisbury, where the defend-
ant was unfortunately a patient for some months, I
am aware that he has been under trcatment as a
person of unsound mind, and represented to be dan-
gerous. Since his escape from that asylum. ,A 3 the
29th April, 1859, we have no material official in-
formation. Yesterday there was a full meeting of
the board, at which I was present. I was then told.
that Mr. Cole, about whom initiatory proceedings
had been taken, was in the street. I went to one
window and Lord Shaftesbury to another. Mr.
Cole was then in the middle of the street. He looked
up at the windows, at one of which Lord Shaftes-
bury was. He brandished his stick, made threaten-
ing signs, and clenched his fist. Whether he said
anything lam not able to state. I did not hear
anything. His conduct and gestures were most
menacing. At your worship's request I have viade
inquiries for Lord Shaftesbury, and have song:tit
him at his house. From information I have receives:
from Lady Shaftesbury I understood that Lord_
Shaftesbury was out, and it was not known where
he could be found till 5 o'clock this evening, when
he will be at the House of Lords. I have had com-
munication with Lord Shaftesbury with reference
to this case. in fact it was under consideration at
the time when the defendant came yesterday. I will.
undertake to see Lord Shaftesbury this evening, and
I am sure that he will attend here on any future
day before the magistrate to demand the protection
of the law. From what I have heard of Mr. Cole,
from his langaage and threats, and from what I
witnessed yesterday, I think Lord Shaftesbury has
reasonable ground to apprehend personal violence
from him, and does desire to be protected from that
violence.
Mr. Hall (to the defendant)—Do you wish to pat
any questions to this witness ?
Defendant—No, sir; I only regret that your time
has been occupied in this unnecessary proceeding.
I am perfectly astonished at the statements of Mr.
Lutwidge. Lord Shaftesbury need be under no,
apprehension of any violence from me. I should be
the last man in the world to assail him, and I sub-
mit to you that there is no case. I shall be hapnv
to submit to your decision:

Mr. Hall-:You were yesterday, as I am informed,
brought before my colleague, and from hearing the
facts—what they were I know not, for I thought it
better not to read them—it seemed proper to him
—and I have no doubt he exercised a wise diser(-
tion—to submit you to the examination of a short
medi-
cal gentleman. The time has been
.verya ie jud g -
during which he could form any
labouring
meat ; but he has reported expressiancager:
against any supposition that
you courses open to a
under insanity. There are two
had been other than
magistrate, and if the report
hahave been taken of
it is, certain proceedings mightdaresay, fully aware.,
an opinion
the nature of which you are, I_ r
e,
which is again.
Then there is the original h
brought forward—lthiss rgeinnisaen—e,atnhdenunilte:
iss
;altogether, this charge
the matter is to be drepopue
you are a person in full pos-
session now go on.
place him in the painful:
,timandebneeafot
session of your faculties,
one
person is to be permitted
a question whether
to menace : under those th •
threats. If you
position
of going about._ _
individual a behaviour and gestures
address to any
violent, and language which is still more
which are
the question whether he •
is eppre-
hensivel
so, then comes _ . .
of actual violence being offered to him, and
another, and
whether he ought not to have an opportunity offered
to him of appearing to claim the protection of the
law. I have endeavoured as much as I could to
obtain the attendance of Lord Shaftesbury to-day,
but it could not be procured. There is no feeling
on my part, or of those gentlemen who have taken
part in the case, that you should be subjected to
any inconvenience, but I must detain you till to-
morrow, when, no doubt, ho will appear. I will
give you the option to be taken to the station-
house, arid remain there till to-morrow, or other-
Nvie to be committed to the House of Detention.
Defendant-1 have been since yesterday at St.
Martin's Workhouse, under the care of this gentle-
man (pointing to Sergeant Browne). I should have
no objection to remain there, though I eertatnly
intended to go home.
Mr. Hail directed Sergeant Browne to request
the master of St. Martin's Workhouse
andd on the
to rcceivo
the prisoner till to-morrow (taxis (lay),,cr, the de-
officer's return with an affirmative answer,
fondant was removed thither.

12th Company
tiireei.
n7B
opponents by
INLAND REVENUE CHALLENGE CUP.—The third
match for this cup
bledon rifle range, between the 2d Inland Revenue Corr'
pang (Captain Ennis) and th
Westminsters) (Captain Sartoris). Captain Ennis's Com-
took
place
on
Tuesdayl2t last, a t the l
?
18 points. The highest scores were made by Sergeant Jack-
sonPY Were again successful, defeating their opp
of the Inland Revenue, 17 points, and Private Cridale,
of the Queen's Westminsters, 16 points,