The Sun.
London, England, 1862-08-06 00:00:00

ASSIZE INTELLIGENCE.

---4,--
HOME CIRCUIT.--LEWES, August 5.
(Before Mr. Baron Martin.)

GOSLING AND WIFE P. THE LONDON, BRIGHTON, AND
SOUTH COAST RAILWAY COMPANY.

The plaintiff in this action was a grocer at Three
Bridges, and he sought to recover damages for in-
juries sustained by his wife, owing, as was alleged,
to the defendants having improperly left a heap of
chalk in a road leading to the Hey ward-heath Sta-
tion, through which a vehicle in which he was driv-
ing was overturned. The defendants pleaded that
the road in question was a private road where the
public had no right to go, and whether it was so or
not was the only question in the case, a number of
witnesses being called on behalf of the plaintiff to
show that the road in question had been constantly
used by them and other persons without any objec-
tion being made by the company, while the case of
the latter 'was that the road was their private
property.
Baron Martin, in summing up the case, ruled that
although the road in question might in point of
fact be private, still if the company allowed the
public to use it, they were bound to take care that
it was not left in a condition whereby an accident
might be occasioned.

The jury returned a verdict for the plaintiff—
damages, £llO.
(Before Mr. Baron Bramwell.)
MORGAN V. SIMPSON.

This was a common jury cause.
The plaintiff was Miss Clara Morgan, the well-
known danseuse, and she brought an action against
the defendant, who was the late proprietor of Cre-
morne Gardens, to recover damages for his breach of
an engagement he had entered into with her for her
services at Surrey Gardens during the present season.
Sergeant B allan tine and Mr. Paxton were counsel
for the plaintiff; Mr. Watkin Williams appeared for
the defendant.

This was one of several actions which are to be
tried upon this circuit, arising out of the same alleged
breach on the part of defendant. The case on the
part of the plaintiff was that, through the interven-
tion of Mr. Milano, the celebrated ballet-master,
an engagement was entered iuto with the defendant
and his manager, Mr. Bishop, that the plaintiff
should be engaged as one of the principal ballet
dancers at the Surrey-gardens, during the present
season at a salary of .E 4 a week, and that she made
all the necessary arrangements for that purpose,
and was prevented from obtaining another engage-
ment. As the public are aware, the site of the
gardens has been purchased by the governors of
St. Thomas's Hospital for the erection of their in-
tended new building, and, consequently, the gar-
dens were not opened as a place of amusement, and
the parties with whom it was alleged the defendant
had entered into engagements have all, it appeared,
brought actions to recover damages.
Mr. Milano, who was the principal witness for
the plaintiff, was examined, and he proved that in
the month of April of the present year he had a
conversation with Mr. Bishop, who was the
manager for the defendant, upon the subject of
engaging the plaintiff and her sister, Miss Barbara
Morgan, as danseuses at the Surrey-gardens, and
the result was that the professional services of the
plaintiff were engaged for the season, at the salary
of £4 per week, which was the same salary she had
formerly received at Cremorne. He also said that
be was himself engaged for the season, and that he
had brought an action against the defendant.
Miss Clara Morgan, the plaintiff, proved that she
was informed by Mr. Milano, who always acted on
her behalf in these matters, of the engagement that
he had entered into with the defendant, and she
consequently made the necessary arrangements to
provide her dresses, and did not seek to obtain
another engagement. She stated that when the
engagement was broken off by the defendant, she
made a professional tour to Scotland and to New-
castle, but this was not so profitable to her as the
London engagement would have been, as she was
residing there with her friends, and her travelling
expenses were very heavy.
The case on the part of Mr. Simpson was, that
he'. had never made or authorised to be made any
such engagement as the one that was now set up, and
it was alleged that Mr. Bishop had ceased to be his
manager, and that he merely held a lease under the
defendant of the Surrey-gardens. It was stated that
the governors of St. Thomas's Hospital were in
treaty with Mr. Simpson for the purchase of the
gardens as the site for their proposed new hospital
at the beginning of the present year, but as nothing
definitive had been arranged, and as it was the
Exhibition year, it was thought that the gardens
might be used profitably for the purposes of public
amusement, and arrangements were therefore made
to obtain the services of several professional ladies
and gentlemen. As it was known, however, that
the governors of the hospital might come to terms
at any moment, care was taken that all the engage.
ments that were made should only be for the period
of one week; and it was alleged that this was the
sort of engagement that had been made with the
present plaintiff, and that she, consequently, was
not entitled to recover in the present action.
The jury returned a verdict for the plaintiff--
damages, £2O.

CROWN SIDE.
(Before Baron Martin.)
Allan Brett, a lad 17 years of age, surrendered
to take his trial for misdemeanour, in having un-
lawfully attempted to destroy his own life.
Mr. Wyatt prosecuted.
It appeared that the defendant was a labouring
lad, and that, on the day named in the indictment,
he was in a barn with a boy younger than himself,
when the latter, wo had gone :away for a short
time, saw the defendant apparently hanging by the
neck from a Learn, to which he had attached a hand-
kerchief. The boy was frightened, and gave an
alarm, and some people living in the neighbourhood
went into the barn, where, as they said, they saw
the boy black in the face. It turned, out, however,
that he had received the slightest injury, and the
boy said that he had merely done it for a lark, and
that, although his body was apparently hanging
from the beam, his legs rested upon a waggon, so
that there was not the least chance of his hurting
himself.
The jury stopped the ease, and acquitted the pri-
soner, and the learned judge cautioned him not to
playßicha such
rd Hoare a trick again, and he was discharged.
, who was stated to be a man pos-
sessed of considerable property at Newhaven, at
which place he carries on the business of a ship-
owner, surrendered to take his trial upon a charge
of stealing a Japanese cabinet, value £5O, the pro-
perty of William Butner. Ife was also charged
with feloniously receiving the same, knowing it to
have been stolen.
Sergeant Ballantine was specially retained to
asepro-
secute in this
ce, with Mr. Merrifield; and Mr.
H Q
awkins, .
was also specially retained with
Mr. Barrow, to defend the prisoner.
The Circumstances of the case were rather pecu-
liar. It appeared that on the 17th of May a
large Dutch ship, called the Resident Van Son, of
which Mr. Butner was the captain, was wrecked
between Seaford and Newhaven, but through the
exertions of the Coast Guard and others the crew
were saved, as was near:y the whole of the cargo.
Mr. Vandenburg, the agent for the Dutch
Consul, Came to Newhaven to make the necessary
arrangements with regard to the vessel and the
cargo, and, by his directions, the Whole of the latter

was placed into a warehouse belonging to the pri-
soner until the owners and underwriters could be
communicated with, and he at the same time gave
orders that no portion of the cargo should be re-
moved under any pretence whatever. It seemed
that among the property on board the ship there was
a cabinet that had been purchased by Capt. Butner
at Japan, and which he intended as a present for
his wife, but when the cargo came to be overhauled
this cabinet could not be found, although the cap-
tain was certain that it had been removed from the
vessel with the other property. The prisoner was
questioned relating to the article, but he positively
denied all knowledge of it, and the cabinet was
given up for lost. At the letter end of June,
however, Mr. Vandenburg had occasion to go to
the prisoner's private residence, and he there saw a
cabinet standing among his other furniture, and he
asked the prisoner where he got it, and, according
to his evidence, the prisoner said that be had
purchased it of a man in the street, and that it
was only papier mache. It appeared that he sus-
pected this was the same article that had been
missed from the wrecked ship, and he communi-
cated with Mr. Butner who, at his request, made a
sort of rough sketch of the cabinet by which Mr.
Vandenburg immediately formed the opinion that
it was the same he had seen in the prisoneF's house,
and he and the captain went there, and the latter
immediately recognised it as his property. From
the evidence of Mr. Vandenburg it appeared that
directly this discovery was made he went to the
prisoner, who was at an hotel in the town, and told
him of the fact, and he represented that when h e
did so the prisoner said he was very sorry, and
hoped he would not prosecute him, and upon those
facts the present indictment was instituted.

Mr. Vandenburg, who appeared to be theorin-
cipal witness in the case, was cross-examined at
very considerable length by Mr. Hawkins, and it
was pretty evident from some of his answers that a
very friendly feeling did not exist between him
and the prisoner, and he admitted that an action
had been commenced by the latter against him for
defamation of character, and that the present charge
was not preferred until after he had been served
with a writ in that action. It also appeared in the
course of the case that there was not the.slightest
attempt to conceal the cabinet, but that it was placed
in the parlour of the prisoner's house, where every
one could see it. There was likewise some dis-
crepancy in the evidence given by Captain Butner
and Mr. Vandenhurg as to the expressions that
were actually made use of by the prisoner'.
Mr. Hawkins made a most able speech to the jury
for the defence, in which he urged all the favour-
able points in the case in behalf of his client, and
remarked upon the extreme improbability that a
man in his position should have been guilty of such
an offence when he mast have been almost certain
of detection. He then called witnesses who proved
that the cabinet had been sent to the prisoner's
house to be taken care of, and a number of others
who gave him a high character for honesty and
integrity.
_ __ _

Mr. Baron Martin having summed up, the jury
almost immediately returned a verdict of not guilty.

POLICE INTELLIGENCE.-Aug. 5.

WORSHIP-STREET.-ATTEMPTED SUICIDE.

—Rebecca East, a mild-featured girl, only 15 years
of age, was charged before Mr. Cooke with attempt-
ing to destroy herself by poison.
A week since evidence was given at this court by
the keepers attached to the Victoria Park and
others, of the prisoner having been found in the en-
closure there in an excited and sinking state, that
she broke a small bottle labelled "poison" when
noticed, but denied that she had swallowed any of
the contents, and it was doubtful whether this
assertion was false, as, although an emetic was
administered, no certificate was put in showing the
result ; but the girl admitted that her purpose was
self-destruction, and that she was induced to attempt
it in consequence of having been seduced by a young
man named Thomas Lee, who a fortnight previ-
ously brought her from the country and deserted
her after effecting her ruin. In reply to ques-
tions by Mr. Leigh, the then sitting ma-
gistrate, and Mr. Safford, the clerk, prisoner
said that she had a sister in or near Manchester-
square, but no other relative in London, conse-
quently a remand was ordered that inquiries might
be prosecuted.
Mr. Cooke now asked whether the girl's sister
was in attendance, and a very neatly dressed young
woman stepped forward and was sworn.
Mr. Cooke—Are you this girl's sister ?
Witness—Yes, sir; but I did not know she was in
London.

Mr. Cooke—Have you any parents ?
Witness—Only a mother, sir, and she is at Ports-
mouth.

Mr. Cooke—Have either of you the means of tak-
ing care of this poor girl P
Witness—Oh, no, sir ; our mother can scarcely
earn her own living, and I am but a servant.
Mr. Cooke—What, then, is to become of her
_ _

Mr. Daniel Cooper, secretary to the Society for
the Rescue ofyoung Women and Children, the offices
of which are in Queen-street, Cheapside, here ad-
dressed the magistrate, observing that his attention
having been drawn to the sad nature of this case,
he was prepared on the part of the society to receive
the girl, and provide for her in one of the twelve
" homes" attached to it.

Mr. Cooke—Have any of those "homes" the
power to provide the admission of such as have
fallen from the paths of virtue P

Mr. Cooper-Z•Most assuredly so, Sir; and there
are others for various classes of offence in their dif-
ferent stages, the result of which arrangements are
specially gratifying, the objects not being confined
to the reformation of lost character, but also to the
preservation and religious training of such young
persons as are deprived by circumstances of the ad-
vantages and blessings comprised under the term
;4 Home." I regret, however, that many deserving
cases have been and still are rejected solely for
want of funds.

Mr. Cooke—ls it compulsory for the inmates to
remain ?

Mr. Cooper—Certainly not, Sir.
Cooke (to the prisoner)—The chaplain of the
House of Detention informs me that you are peni-
tent, and have promised,with apparent truthfulness,
never to repeat this great crime. Your relatives are,
from their position, unable to assist you. Here is a
gentleman who steps forward on the part of a most
praiseworthy society, and in its name offers to re-
ceive within its doors one who manifestly is in need
of rescue and protection. Will you go ?
The prisoner havingobtained her sister's approval
of the worthy magistrate's suggestion, instantly ex-
pressed her desire to adopt it, and was discharged
from custody.

HAMMERSMITH.—IMPORTANT CAB QUES-
TION.—Mr. Ingham gave a decision in a case of
some importance both to the public and cab-drivers.
In consequence of complaints made by the visitors
to the International Exhibition of cabmen picking
their fares the police were instructed to take out
summonses in all cases in which there was a refusal
to be hired. In the cases proved the full penalty of
408. has been imposed, which has had the effect of
rousing the whole body of cabmen to consider their
present condition. In the case of Alfred Rockall, a
licensed driver, which was similar to the others,Mr.
Lewis, of Ely-place, defended. The evidence showed
that he was driving along the Brompton-road, when
he was hailed by two persons. He shook his head and
drove on. Sergeant Birch, who watched him, called
out " cab," but he again shook his head and drove on
faster. He afterwards took up a party of four per-
sons. The summons was taken out in accordance
with the terms of the 35th section of the Ist and 2d
William IV., cap. 22, as follows That every
hackney carriage which shall be found standing
in any street or place, and having thereon any of
the numbered plates required by this act to be
fixed on hackney carriages, shall, unless actually
hired, be deemed to be plying for hire, although
such hackney carriage shall not be on any standing
or place usually appropriated for the purpose of
hackney carriages standing or plying for hire, and
the driver of every such hackney carriage which
shall not be actually hired shall be obliged and com-
pellable to go with any person desirous of hiring
such hackney carriage.' Mr. Lewis argued at
some length that the act applied only to cabs found
standing, and that if they were going along they
were not to be deemed to be plying for hire. Mr.
Ingham was of a contrary opinion, and considered
that the Legislature intended the act to apply to all
persons plying for hire. He held that the defendant
was standing though he was going, so satisfied was
he of the intention of the act of Parliament. The
worthy magistrate consented to adjourn the ease)
and several others, for the purpose, of conferring
with his colleague.
Mr. Ingham now gave his decision. He stated
as that he had considered the point, and he w
it. He
to all cases
per-
fectly satisfied that there was nothing in
was of opinion that the statute applied
plying for
of plying for hire. As the defendant
was
hire ho convicted him, and ordered
him to pay
40s. and costs.
fined the fullpenally
for the same offence.
William Smith was also summoned for the same
of Stepney. Smith,offence, and he was defended
d by a gentleman from
the office of Mr. Joseph
defendant was driving his horse
Knightsbridge at a walking paw,
sho k h.
In this case the
and
o Is head, and repre-
senteduthpruonugbheinlgCnhiagiihstas.
he
h was going to change horses. He
that --
took up a party of four persons.
's clerk took the same objection as Mr.
He also argued that, if the case held good, a
aftmerrw.agsith
Lewis.
driver who had been oat all day with his horse, and

_....-......... I.
.-
at
was just about arrive 'ng his stables to change
horses, would be liable .to be , hired, though his horse
was not in a fit state t( ' go th e journey.
Mr. Ingham said tha t if the ‘ driver in such a case
proved he intended to cb .ange L orses he should take
upon himself the reap:» isibilit) , of excusing him,
but that was no excuse It )r not t.lking two persons
when he afterwards carri ed four. He never fined
cabmen unless he was pe rfi3ctly sure t;hat the case
had been proved. He had had many cases before
him in which the defendants; had. made statements
so probable that he had dismil ;sed t them. He thought
the case against the det:ndan t pr( )ved, Ezid he fined
him 40s. and costs.
Mr. Smith's clerk then asked h ds worship for a
case, to settle the point as to tL'e i titer pretation of
the 35th section. He stated that he .hacl the autho-
rity of a noble philanthropist, who ball interested
himself in the cabmen's behalf.
__

Mr. Ingham immediately grantee. a ease.

THE MYSTE'RIOUS DEATH OF A YOUNG
WOMAN .E.VOII POISON AT ISLING-20N.

Yesterday the investigtion was resumed by Mr.
John Humphreys and Dr. Laukest er, at the Castle
Tavern, Hollowa, y-road, respocting the death of
Sarah Ryan, age d 22, who was found dying from
the effects of pruss is acid in the .house of a friend of
her's, under most ordinary and in iexplained cir-
cumstances in July .Last.
Mr. Wainwright, solicitor, appeareLl on behalf of
Mr. Greening, a lodwer, who was in title house at
the time the deceased was found in the agonies of
death.

I It will be recollecteki that the deceased, who was
a respectable young person, left her home in perfect
hea,lth on the afternoon of Sunday, July 6, to see a
servrzt in the employ of a lady at Coles-ter race,
Barmibury-road, and that she partook of ,dintier,
after which the servant went out for some time,
leaving the deceased in the kitchen, Mr. Greening,
a lodger, being upstairs. After the lapse of a short
interval a I,ld called for d eceased, and he knocked.
for some tim e before he obtained admittance, when
on proceeding to the kitchen he found deceased in-
eensible upon the floor, with her clothes disarranged
arld above her knees, and her hair tumbled and in
disorder. The lad stated that when he looked ups
his eye caught t.bat of Mr. Greening, who was on
the staircase, looking over at the scene, and that
gentleman then came down stairs, and they at-
tempted to revive the deceased, but without suc-
cess. Ultimately cleath took place, and upon the
post mortem examination, Professor Harley found
prussic acid in the stomach, and a peculiar appear-
ance in the uterus, apparently as it pregnancy had
taken place about three weeks previously.
The coroner, Mr. Humphreys, upon taking hia
seat, said that since the last meeting of the Court
every endeavour had bee n made to obtain evidence
which would afford a clue to the elucidation of the
mystery, but without ava;il. Such being the case it
would not serve the ends o f justice to keep the mat-
ter open any longer, and he should therefore ask
the jury to come to their decision at once.
Mr. Ashley said that, on behalf of Mr. Greening,
he had to observe, with regard to what had trans-
pired on the previous occasions, that he had no ob-
ject in ,anything but the fullest investigation of all
the circumstances. However, after what had fallen
from the learned coroner, he (Mr. Ashley) should
not think it necessary to take the initiative in fur-
ther inquii 7.
Mrs. Ryitn, the mother of the deceased, said that
her daughter had evidently no intention of taking
her own life, and she was seen in good health and
spirits half an hour before she was found dying.
The Coroner then proceeded to read over the
voluminous depositions at length, and remarked that
no phial had been found in which deceased could
havo brought the poison into the house. The tumbler
found in the kitchen, however, was stated by Pro-
fessor Harley to have contained cyanide of potas-
sium. All endeavours to ascertain whether a young
woman had purchased poison had been futile, and
there did not seem to be the slightest evidence that
deceased bad contemplated or threatened suicide.
file whole case was one of extraordinary mystery,
if not of sucipicion, but the only safe course would
be to bring irn a verdict that death resulted from
poison, but ho the drug was administered there
was no evidence to show. Such a verdict would
leave the questioll still open, if by accident farther
circumstances to ,e lucidation should become known.
The jury, after very anxious and protracted
consultation, asked for a further adjournment to
give time to the Hom a Secretary to offer a reward
for the elucidation of tht mystery, and the discovery,
if possible, of the guilty , party.
The Court accordingly
adjourned for that pur-
pose.

G'OUN7RY MI. I RK-1-2 6.

------ -

LEEDS-TUEOD'AY•

The supply of English wheat is Antall to-day, and of
foreign there was a moderate show. The former sells at
full rates, and the latter is higher.

LYNN-TUESDAY.

The crops are progressing very rapidly, and wheat cut-
ting has commenced.
New white 59s to 61s I 8ar1ey'....... 3os to 330
Ityl.. ..55s to 57s 1 Oats..
Beans ,..40s to 44s 1 Peas 40s to 44s