The Sun.
London, England, 1862-01-15 00:00:00

THE [SUN, LONDON, WEDNESDAY EVENING, JAN UA RY 15, 1862.

nine months or a year ago. My eldest brother
is his partner, and has been so nearly two years.
Our principals in the Felbrigg transaction were
Robinson and Company. I have known Roberts
for 20 years. He was a bankrupt about 10 years
ago. I was not a creditor of his, but I have had
dealings with him in the timber trade. Roberts
was a timber merchant and Government contractor.
Our place of business is No. 10, New Broad-street.
Mr. Windham came to our office accompanied by
Roberts, who said, "Here is a gentleman who has
some timber to sell." That was the first time I
heard of Mr. Windham having timber to sell. I had
not had any conversation with Roberts on the sub-
ject before. I did not recognize the handwriting of
the paper of conditions. I told Mr. Windham that
I would look into the matter, and let him know
the result in a few days. He gave me his address
at the house in Piccadilly. I did not go there, but
Mr. Windham and Mr. Roberts called at our office
a second time. I then told Mr. Windham that I
would go down to Felbrigg myself, and that if the
timber was there we should probably take it from
him. My partner and I travelled to Felbrigg alone.
It was not arranged that Roberts should meet us at
Felbrigg, but we found him there. The only other
persons we saw at Felbrigg were Mr. and Mrs.
-Windham. We remained two nights and one day.
It is the habit of timber-growers to prepare their
own contracts. In the present instance I copied out
the paper which had been brought to me by Mr.
Windham and Mr. Roberts, and left the original at
Felbrigg. The copy was signed by Mr. Windham
before dinner on the evening of the 25th of
October, in the presence of Mrs. Windham, Mr.
Fry, and myself. Mr. Roberts was not present,
but I think he was in the house. Mr.
Mostin, the bailiff, may also have been in the
house, but I did not see him. No arrangement was
made as to the time when we should commence to
cut. Not a single stick has been felled. I made
the offer which I have mentioned to General Wind-
ham the first time I saw him. After a time I became
so disgusted with the whole affair that I may have
said to Mr. Hansell, the solicitor to Gen. Windham,
that it was so low a transaction that I would rather
lose my £l,OOO than have anything to do with it;
but I do not recollect having used those words.
Roberts would have received the usual considera-
tion of 1 per cent. upon the gross amount of the
contract, but that was all the interest he had in it.
Mr. Robinson gave us his orders about the contract

verbally, and I can show no writing from him on
the subject. We depended upon his honour for
fulfilling the terms of the contract which he had
intrusted us to conclude for him.

Re-examined—We enter into a great many timber
contracts for Mr. Robinson in the course of a year.
There was nothing unusual in the present case.
Roberts was entitled to 1 per cent. because he intro-
duced the business. He has been paid nothing. At
one time Roberts had a large businesses a mahogany
merchant. I became acquainted with him when I
was a timber measurer, and I have done business for
him as a broker. We have some very large con-
tracts passing through our hands—sometimes to the
amount of a quarter of a million.
By the Jury—We never made a contract for the
purchase of growing timber before. 'the average
price of oak, delivered in the yard of the purchaser,
is about 2s per cubic foot. Here the price was fixed
at is per cubic foot, but we were to pay for the car-
riage, and Felbrigg is far from the market. It was
optional with Mr. Windham to cut what quantity
of timber he pleased, but we were bound, if:required
by him, to take it to the extent of £5,000 per an-
num. It was understood that none of the orna-
mental trees were to be cut. It is not a usual mode
of measurement for the girth to take it at two-thirds
of the length from the butt•end, but here no allow-
ance was to be made for defects which ought to
count as equal to a difference of 10 per cent. in the
price. Ido not consider the contract a particularly
advantageous one.

Sir H. Cairns said that before calling the next
witness he wished to refer to a conversation which
took place on Monday with respect to the examina-
tion of Mr. Windham, and the question whether or
not counsel should be present. It was frequently
desirable to examine alleged lunatics in private, and
sometimes the sex or health of the parties made it
necessary to do so ; but in the present instance,
speaking on behalf of Mr. Windham, he should de-
precate a private examination. There was no rea-
son why his client should not be examined in open
court, and Mr. Windham himself desired that his
examination should take place in public, in precisely
the same way as that of the other witnesses,

Mr. Coleridge remarked that, considering the
manner and tone in which certain questions had
been put to many of the witnesses called on behalf
of Mr. Windham—a manner and tone which he had
never in his experience seen equalled—he should
feel it his duty to be present at the examination of
Mr. Windham, wheresoever and whensoever it might
take place, to be himself a witness of every question
addressed to him, of the tone in which it was put,
and of the person from whom it proceeded.
Mr. Chambers said he had no opinion to offer on
the subject, but he might state that the exclusion of
counsel was not unprecedented.
The Master bad no wish to make Mr. Windham
a public exhibition in open court, whether with or
without his consent; and, indeed, the nature of the
topics upon which he must be questioned was such
as to render even a private examination extremely
painful. It would be almost inhuman to examine
Mr, Windham in public, and he had been think-
ing whether even in private he ought not to exclude
certain topics. To permit such topics to be gone
into in open court would almost amount to a public
outrage. As far as he was concerned, however, he
had no objection to the presence of counsel; but in
any case Mr. Windham would find himself, God
knew, in very friendly hands. In conclusion, be
had merely to say that the thought of the exami-
nation taking place in public would exercise a
paralysing effect upon him, rendering him unable
to fulfil his duties.

Sir H. Cairns stated that the opinion entertained
and expressed by his client was that everything
which could cause pain had already been placed
before the public. He was perfectly willing that his
examination should be conducted in open court.
Sir G. Armytage, the foreman of the jury, said
their only desire was that Air. Windham should be
as much at his ease as possible during his examina-
tion, and therefore they thought a private inter-
view would be better and more fair to him than an
examination in open court.
The subject then dropped.

Mr. Freebridge, the 76th -witness for the defence,
said he had been a purveyor of timber for the Royal
Navy for 35 years, and was well acquainted with
the value of timber and carriage expenses. On the
17th Nov. last, at the request of Messrs. Lawrence
and Fry, he went down to look at the timber at
Felbrigg. He made inquiries about the expense of
carriage at that place. There was no local demand
for timber. While walking over the estate he saw
many trees which had been blown down by the
wind, and which had lain unsold since last spring.
The value of timber depended entirely upon the
locality, and in such a place as Felbrigg timber was
not worth anything like 2s. 6d. per cubic foot. Only
the best oak fetched that price, and a large propor-
tion of the timber marked out for felling at Fel-
brigg was very inferior.
The inquiry was again adjourned.

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LA II INTELLIGENCE.—Jan. 14.

COURT OF PROBATE AND DIVORCE.
(Before Sir C. Cresswell.)
GETHIN V. GETHIN (BARONET).
In this case, which has been so recently reported,
and in which the jury had decided that Lady
Gethin was not guilty of adultery, or collusion with
Sir Richard Gethin, her husband, for the purpose of
obtaining a divorce, the Attorney-General was
about to make a motion this morning in reference
to the costs, on the part of the Crown, but the
Judge-Ordinary informed him that he had not time
to consider the papers.
The motion was, accordingly, ordered to stand
over.

see me. I went to the boxes, where I found Mr.
Harris in the lobby. Mr. Harris was accom-
panied by Mr. Barnett, and several gentlemen
connected with the Lyceum Theatre were also
present. Mr. Harris said, " You told Mr.
Ryder that I had obtained my protection
from the Court of Bankruptcy." I replied " I
told Mr. Ryder what I had heard." He then said,
" There," and wrung my nose.

Mr. Sleigh—Wass-thal a figurative operation, or
a really physical one ?
Witness—Really I can hardly say, .I was so ex-
cited. I felt his hand. He really wrung my nose. I
said, " Mr. Harris, this is not the place for you to
insult me." He then said " There !" again, wrung
my nose again, and said " You are a hound," and
spat in my face. I pushed him away from me. He
said, " I am no boxer, you must give me the satis-
faction that one gentleman would give to another."
He then turned round and said," Gentlemen, I call
you to witness what I have done. The insult now
rests with that fellow." He then left the house.
What I had said to Mr. Ryder was no invention of
mine. I only stated what I had heard.
Cross examined—l told Mr. Ryder as we were
going home together in a cab. I cannot say
whether I had told anyone else. I may
have put the question. The statement or question
was to the effect that I had heard that Mr. I--larris
had got his protection in the Bankruptcy Court. I
heard it from Mr. Edward Lawrence Levy, solici-
tor. He was not my attorney, nor my father's.
Such a statement, if untrue, would be very injuri-
ous to any person in our profession ; but 1 did not
state that it was so, but only asked Mr. Ryder if he
had heard of it, and said I had been told it was so.
I may have told him that it was done by private
arrangement under the new act, by which, if two-
thirds of the creditors consented, the others were
obliged to do so. But I do not recollect saying that.
I may have told Mr. May. Mr. May is connected
with Mr. Phelps He makes the dresses for Sadlers
Wells Theatre. I would swear that I have not told
a dozen persons. Ido not know that such a state-
ment might ruin a gentleman in Mr. Harris's posi-
tion. I do not believe it would. I told Mr. May that
I heard it from Mr. Levy. I did not tell Mr. Harris
on that night; he did not give me time nor did I
tell him after the indignity. I did not know what
he had come for. I did not think Mr. Ryder
would have repeated a confidential conversation.
When I asked Mr. Ryder if he had heard that Mr.
Harris had obtained his protection, he said, " No,
I have not; but I should not be at all surprised if
it is so."

Mr. Corrie (addressing Mr. Giffard)—Do you not
think it is now time for an apology ?
Mr. Giffard—ls it not time for a retraction of the
statement that Mr. Harris was bankrupt ?
Mr. Sleigh said that Mr. Chatterton had the state-
ment from a person likely to be well informed, one
whose name was not unknown in connection with
bankruptcy proceedings.
Mr. Canard had yet to show what was really
stated to Mr. Ryder.
Mr. Corrie did not see how such an assault could
be justified.

Mr. Giffard said, though not a justification, it
was a great provocation to set abroad a report that
Mr. Harris was insolvent, which had not a shadow
of foundation. The magistrate would.consider that
provocation in apportioning the fine.
Mr. Corrie was not sure that if he decided the
case it would be by apportioning a fine. Such an
insult must have led to a breach of the peace, and
but that fortunately the severity of the law had pat
a stop to duelling, it might have ended in that way.
The defendant had accomplished one purpose in mak-
ing it known that the statement was unfounded.
After some consultation, counsel failing to agree
upon any compromise, the case proceeded.
Mr. Frederick Penny, manager of the free list at
the Lyceum, corroborated the statement of the com-
plainant, and added, that after the assault the de-
fendar.t said to him, "I think he has been insulted
enough."
Mr. Giffard, for the defence, said it was unneces-
sary to call more witnesses to the facts, which were
admitted, He proposed to examine Kr. Ryder as
to the conversation in the cab.
This was agreed to, and

Mr. John Ryder was called. He deposed—l was
riding home with Mr. Chatterton in a cab on the
night of last Friday week. He said, "Of course
you are aware that Harris has got his protection
from the Court of Bankruptcy." I said "No, lam
not aware of anything of the sort." He said, " Well,
it is so." I said, " I don't believe it." He said, " I
know it." I said, "If it were so, the whole world
would know it." He said, " No, it is under the
Private Arrangement Act, by which, if two-thirds
of the creditors come in, the others are compelled to
do so, and he has three years to settle his affairs."
Cross-examined by Mr. Sleigh—He did not say
from whom he heard it, and I did not ask him. On
Saturday night I told Mr. Widdicomb, and on
Monday night Mr. Harris came to me in my dress-
ing-room and asked me if Mr. Chatterton had made
such a statement, and if he might use my name. I
replied in the affirmative. That was• at half-past
eight, being probably about ten minutes before the
assault.

Mr. Giffard said that Mr. E. L. Levy was now
in court, and if the magistrate thought he ought to
call him he would.

Mr. Corrie—lf your client had gone to Mr. Chat-
terton, as he went to Mr. Ryder, all this mischief
would have been prevented.
A long conversation followed, in which Mr.
Corrie urged upon the parties to come to some
arrangement, Mr. Giffard expressing his client's
readiness to apologise if the other party would dis-
tinctly withdraw the imputation of bankruptcy.
Mr. Chatterton, through his counsel Mr. Sleigh,
was understood to insist ou some condition with
regard to costs. Mr. Corrie, who was made
acquainted with the point in dispute, thought it
ought not to stand in the way of an arrangement,
observing that it would be much better to settle
the matter for many reasons, and that it would
probably come to the same event at the sessions.
Mr. Chatterton—lt must go to the sessions.
Sleigh—l am silent, sir. You understand
why. My consultation is at an end.
Mr. Giffard—Under the circumstances, sir, you
will, I suppose, bind the defendant in very light
recognisances.
Mr. Sleigh—On his own recognisances will be
quite sufficient.
The defendant and the witnesses on both sides
were then bound over to appear at the trial.

WORSHIP-STREET.—THE RECENT CASE OF
GAROTTING.—CaIeb Cusac, apparently between 25
and 30 years of age, described as a wheelwright,
and living in Ann's-place, Hyde-place, Hoxton, was
brought before Mr. Leigh on the following re-
manded case of assault and robbery, which has since
resolved itself into one of the most serious cha-
racter.

The victim of this atrocious act is a Mr. Richard
Pearce, at the time of his demise in the prime of
life, married, and engaged as a commercial traveller
to a large firm in Sheffield. The particulars of the
outrage, so far as related to the evidence of the
police detectives, Devitt and Watts, are fresh in
the memory, and Mr. Baird now appeared to defend
the prisoner, but not any solicitor attended on the
part of the prosecution.
Mr. Herbert Safford, clerk of the court, read the
following deposition made by the dying man, and
taken by the former gentleman before A. Knox,
Esq., a few hours previous to death :—" T am now
lying at the Sutton Arms public-house, Carthusian-
street, Aldersgate. On Thursday night last, be-
tween 10 and 11 o'clock, I welt into a public-house
in Shoreditch, where I saw the prisoner and another
man, but I will not swear that he followed me out.
I went into another public-house and had t
goes of gin and water hot. We crossed over the
road into a dark passage. Two men were there.
One of them put his arm round my neck and twisted
it, the other got hold of my hands and threw me
down on my back and rifled my pockets. I do not
recollect whether the prisoner was in the passage.
I swear that be was in the public-house. I became
insensible. When I came to myself I found that
I had lost my gold watch and chain, and another
gold watch and chain. I also lost four sove-
reigns in gold, and a diamond ring that
were in another part of my purse, and from
other pockets some keys and a steel chain
and same silver. I managed to get up and reach the
end of the street, where I saw a policeman, and cried
" Stop thief." Another man was with him. I did
not see him after he left the public-house. He had
not this Jim Crow hat on, but a woollen cap with a
projecting peak. He had the same scarf on that ho
now Waits. The men who attacked me were not
tall nol short ; young men, not old men ; sallow
complexion
is the way I reckon them up. A
.
woman in black was accompanying me from the
second public-house to the k passage' and we had
two half-goes of hot gin and way.
.
r At the first
showed
public-house I took out the diamond ring
it to the landlady. They could also have seei; the
watch and chain on me. When I went down the
dark passage the woman in black said, "This is a
convenient place. Yon will find it the nearest way
to the City-road." The woman in black spoke to
the prisoner and the other man in the public-house.
To this statement Mr, Pearce could affix his
mark only, and it was witnessed by Mr. Safford and
the medical attendant. Mrs. Pearce was present
the whole time, and restoratives were continually
supplied to the &inking man before the somewhat
disjointed deposition could be given. The prisoner
at times was moved even to tears.
Mr. Safford mentioned that on the previous even-
ing an inquest was held upon the body, but was
adjourned.
Mr. Eyau wane, of Beecirotreot, Bubicau, our-

geon, was then sworn, and said, between two and
three o'clock on the 3d inst., I was sent for to the
Sutton Arms, and saw Mr. Pearce, now deceased—
he was very much exhausted, and but partially sen-
sible—that is to say, he could hear when roused,
but immediately afterwards relapsed into insensi-
bi!ity. He complained of his neck, which was
slightly swollen, but not any bruise marks were
visible at that time. The most alarming symptoms
were weakness and tendency to become insensible ;
still I was able to extract an account of what he
had undergone. Later in the day the throat symp-
toms became more marked, he continued upon the
whole slightly improving !up to the 7th, although
the swelling had rather increased. After that
shiverings ensued, with other symptoms of more
dangerous character, rendering it important to
make an opening into the swelling, from which a
large quantity of putrid bloody serum escaped.
His condition, for the following two days alter-
nated between improvement and relapse. On the
9th there were indications that the result would
most probably prove fatal, in consequence of the
putrid matter having escaped into the blood. He
never rallied after that time, it being then
about nine o'clock. He had evidently been yielding
to the effects of the poisonous discharge since the
7th. I have made a post mortem examination
partially only, and decline giving any opinion as to
the cause of death until I have concluded it.

Mr. Beard hear remarked that he had a complete
answer to the charge-against the prisoner, who was
the on of respectable people. At this stage of the
proceedings he of course should not enter upon the
defence, but pressed for permissien to put in bail, as
the evidence was of such a vague and unsatisfactory
character.

Mr. Leigh declined to accept the proposition,and
Inspector Webster, N division, having declined to
offer further testimony upon this occasion,
The prisoner, who had not uttered a word while
before the Court, was removed to the cell.

Godwin ; John Walters, M.B. ; Franklin Gillespie, M.D. ;
Thomas Maunsell ; George Far. r White ; Frederick Robert
Wilson, M.B. ; Nathaniel At ;e 1-c ; Robert Edward Heath,
M.D. ; Donald Macgillivray I.‘avidson, M.D. ; Robert
Adams, M.D. ; Reginald Croft L ever, M.B. ; Bronislaw
James Jasdowski, M. R. ; Caleb b'hera Wills; Robert de
Burgh Riordan, and Samuel Hope.
The second Christian name of Assis.f.Surg Rarnsbotham,
appointed to the Staff in the Gazette of the 3d December,
1861, is " Basnett," and not Barnett, as then stated.
BELEVET.
Captain and Brevet-Major Arthur Need, of the 14th
Hussars, to be Lieutenant •Golonel in the Army.

TO BE MAJORS IN THE ARMY.

Second Capt Thomas James Maclachlan, of the Bombay
Artillery
Capt. Thomas Clifton, Bombay Infantry
Capt. Charles Henry Palliser, Bengal Infantry
Capt. Henry Clerk, Madras Infantry
Capt. Howaid Codrington, Dowkez', Madras Infantry
Capt. John Alexander Mathew Macdonald, Bombay In-
fantry
Capt. George Ernest Rose, Rifie Brigade
The following promotions to take place consequent on
the decease of Lieutenant-General Dennis Daly, on the 19th
of December, 1861 :
Major-Gen. Allan T. Maclean, Col. of the 13th Hussars,
to be Lieut -Gen.
Major-Gen. Sir Edward Lugard, K.C.8., promoted for
distinguished service on the 20th July, 18:58, to be placed
upoo the fixed establishment of Major .Gen.
Lieut.-Col. C. Iligginson Teush-Hecker, half-pay un-
attached, Ass'st.• Commandant of the Cavalry Depot at
Maidstone, to be Col.
Capt. and Brevet-Major Henry Lowther Chermside,
Royal Artillery, to be Lieut.-Col.
Capt. Hayden Lloyd Cafe, 94th Foot, to be Major.
The undermentioned Stag officers of Pensi ,ners, retired
upon full pay, to have a step of honorary rank :
Capt. and Brevet Col. Edward Sterling Farmer, half -pay
unattached, to be Major-Gen.
Capt. and Brevet Lieut.-Col. William O'Neill, half-pay
unattached, to be Col.
The undermentioned officers to be employed upon a par-
ticular service :
Capt. William Wallis King, from half-pay 12th Lancers,
to be Capt.
Acting Veterinary-Surg. William Barker Walters to ba
Acting Veterinary- Surg.