The Sun.
London, England, 1862-09-30 00:00:00

THE SUN, LONDON, TUESDAY P:VENING, SEPTEMBER 80, 186.

whipped. I am hurrying everything forward to
endeavour to press their retreat to the utmost.
GEORGE B. M'CLELLAN.
Head-quarters of the Army of the Potomac,
Bolivar, Sept. 15, 10 a.m.
To H. W. Halleck, General-in-Chief.

Information this moment received completely
confirms the rout and demoralisation of the rebel
army.

Gen. Lee is reported wounded, and Garland killed.
Gen. Hooker alone has over 1,000 more prisoners,
700 having been sent to Frederick.

It is stated that Lee gives his loss as 15,000.
We are following as rapidly as the mon can move.
GEORGE B. M'CLELLAN, Major-General.
From Harrisburg, Pennsylvania, a despatch,
dated Sept. 16, 10 p.m., says :

A despatch received at head-quarters says that
Jackson recrossed the Potomac, and Gen. M'Clellan
has engaged him with a tremendous force this side
of Sharpsburg 10 miles. The whole rebel army in
Maryland will be annihilated or captured this
night.
No rebels can be found about Hagerstown and
yV illiamsport, and there are none for two miles on
the other side of the Potomac.

The prisoners, 100 in number, captured yesterday
by the New York and Illinois cavalry, and sent to
Chambersburg, were this morning brought to this
city and sent to Camp Curtin. Cugget Fitzhugh, a
resident of Chambersburg, was among the number.
He has been furnishing information to the enemy
since their raid into Maryland.
The dead body of Gen. Garland was found con-
cealed in one of the waggons captured by the same
party of cavalry between Hagerstown and Williams-
point.

The wires of Hagerstown are again in working
order.

The Associated Press Washington despatches,
dated Sept. 17 (evening), say :
Intelligence from near the front of our army shows
that at noon yesterday the retreating columns of the
rebels under Gen. Longstreet were overtaken by
General M'Clellan's advance division, when they
formed in line of battle on the range of the small
hills on the west bank of Autitam Creek, between
Rohoesville and Sharpsburg Ford on the Potomac.
Late in the aftei noon more of our division came up,
and shortly after 5 o'clock attacked the enemy, the
battle lasting four hours, and the rebels, according
to all advices, getting the worst of it, being nearly
surrounded and almost exhausted in provisions and
ammunition. This morning the battle was renewed,
leading to the more than probable inference that
during last night Jackson's or some other division,
which left Harper's Ferry yesterday morning,
ostensibly for Martinsburg, has reinforced the rebel
army. The battle continued during the whole of
to-day. No official news of this day's contest is at
hand to-night, but the War Department, neverthe-
less, has not an unfavourable word at a late hour.
No official news has been received from the battle-
field of yesterday and to-day, owing to interruption
of the telegraphic communication. A messenger
who has arrived from the army reports everything
was progressing satisfactorily when he left, and that
there could be no doubt of a successful result. The
fight has raged some 12 hours, and has undoubtedly
been most desperate. Wounded officers arrived here
to-night from Western Maryland say when they
left at 7 o'clock this morning a battle commenced
at Burketsville, about two miles from Centreville.

THE BATTLE AT HARPER'S FERRY.
NEW YORK, SEPT, 18.

The Federal forces which surrendered at Harper's
Ferry consisted of the 12th New York State Militia,
87th Ohio, Bth New York Cavalry, 111th New York
Volunteers, 126th New York Volunteers, two com-
panies of 6th New York Artillery, and one Mary-
land regiment.

The battle at Harper's Ferry commenced on the
12th by a Confederate attack on the Federals sta-
tioned on Maryland Heights. The Federals sent re-
inforcements from Harper's Ferry to Maryland
Heights, and the engagement continued during the
12th and 13th. The Federals evacuated Maryland
Heights on the 13th, and crossed on a pontoon bridge
to Harper's Ferry, previously spiking the guns on
Maryland Ifieights. On the 14th the Confederates
batteries from that point, and also from Maryland
Heights. Skirmishing continued during the 14th.
During the night of the 14th the Confederates
planted additional batteries on London Heights, and
another battery on the opposite side of the Potomac
to the right of the Federal position, thus enfilading
the whole of the Federal entrenchments. The Con-
federates opened fire from these batteries on the
morning of the 15th, when a Federal council of war
was held, and a white flag displayed. During the
hoisting the white flag a shell struck Col. Miles,
who commanded at Harper's Ferry, wounding him
mortally. The Federals surrendered to Gen. Jackson
on the following terms :—" Officers and men to have
ready parole. Officers to retain their side arms and
private property. All United States property to be
turned over to the Confederates." The Confederates
paroled about 8,000 prisoners, and the .New York
Trzbune correspondent says they captured 10,000
stand of arms, 40 cannon, and cartridges and stores.
Fifteen hundred cavalry succeeded in escaping
previously from Harper's Ferry, and captured en
route Confederate General Longstreet's baggage
train. Rumours from various sources state that
the Confederates immediately evacuated Harper's
Ferry, and that the Federal General Burnside has
since occupied it.
The Federal General Morgan, who is surrounded
at Cumberland Gap, writes that his troops are in
good health and spirits, and that his condition is
in every respect better than that of the enemy who
surround him.

It is stated that the reported investment of
Charleston by the Federal gunboats has received
some confirmation in a letter received from the
Federal squadron, stating that Fort Sumter had
been fired upon with shot and shell, resulting in
serious damage.

Fighting continues at Mnmfordsville, Kentucky,
between the Confederates under Bragg, and the
Federals under Wilder, with a portion of Buell's
army. It was reported on the 16th that Buell him-
self had arrived and joined in the engagement.
The Governor of Pennsylvania states that 72,000
have responded to his call for the defence of the
States, and he expects the number will be increased
to 100,000.
These men are being furnished with equipments,
and being moved to the State border as soon as
possible.
Drafting is to commence in the State of New
York on the Ist of October.

An explosion occurred yesterday at No 8,
Arsenal, at Pittsburg. One hundred and seventy
boys and girls were employed. Eighty were killed
by the explosion.
The medical director-general of General M'Clel-
- staff has telegraphed to New York for surgical
aid for the wounded in the late battles.

The Federal Commodore John Percival died yes-
terday at Boston.

DEBATE IN THE CONFEDERATE
CONGRESS.
A debate occurred
on the 12th in the Confederate
Congress on the resolutions thanking General Lee
for his brilliant victories, and stating that the Con-
gress heard with profound satisfaction of his cross-
ing the Potomac.

Mr. Lyons disapproved that portion portion of the reso-
thheeivnlvaans ioofnrelieving
and marching into the
reso-
lution
pwr eh si se ehd wasin Maryland,in fa
v°ur
Mr. Miles strongly favoured
tlhuetioo
enemy's territory.
Mr. Lyons did not think the Confederates could
go so safely into the heart of the North.
Mr. Miles, however, fully believed they
u
and said, " Now was the time to strike. Tehoeld,
re-
gular armies of M'Clellan and Pope were unable to
meet one-fifth of the number they ought to be. If
the resolution was struck out, the Congress would
not favour the aggressive policy so much desired by
the country."
Mr. Ayre, of South Carolina, thought that the
people desired the war to be carried into the enemy's
country, and he wished the army to dare, and dare
again, and still to dare.
r Mr• Smith was of opinion that the voice of the

people was not always the right voice; the People
were very often wrong. He opposed the resolution.
They had never been invited to enter Maryland,
and they did not know how they would be received.
If the invasion policy was continued they might
look for the second day, which tried men's souls.
Mr. Foote thought that the voice of the people
must be listened to.

The resolution favouring the invasion policy was
then passed by a vote of 56 against 13.

COMMERCIAL INTELLIGENCE.

The New York Evening Post of the 16th says: "Extra-
ordinary buoyancy on the Stock Exchange is the leading
event in Wall-street to-day. Every department of the
market responds to the cheerful news from the Potomac
army, and the advance on the prices of yesterday morning
averages 11 to 2, with a strong demand on speculation, par-
ticularly for the Eries, which seem to be the favourites of
that locality for a rise. The advance in the active stock
since yesterday have been as follows : 2 per cent. in Go-
vernment Sixes ; 11 per cent, in Government 7.30'5; 21 per
cent. in Tennessee Sixes ; 2 per cent. in Missouri Sixes ; 5
per cent. in California Sevens; 2 por cent. in New York
Central ; 21 per cent. in Erie; 41 rer cent. in Erie Pre-
ferred ; 31 per cent. in Michigan Central ; 11 per cent. in
Illinois Central. After the board there was a reaction of I
to per cent., with considerable disposition to sell.
Money is easy at 4 and 5 per cent., chiefly at 4 and 4i,
in good collaterals. There is less discrimination as to secu-
rities, but on gold and first-class shares and bonds the sup-
ply at 4 is in excess of the demand.

Gold opened very heavy, selling down to 11612 but after-
wards rallied to 1161 and 117. The encouraging news from
the army entirely upsets the calculations of the croakers;
and buyers of gold on the rebel " invasion," at 119 to 1191,
have been making haste to sell at the market price. At
the close there are sales at 117, and that bid for more.

Exchange is quiet at 129 to 1291 ;for first-class bills on
London. Gold is relatively cheaper than exchango.

VIE NAVY.

The gunboat Hind, tender to the Coastguard ship
Russell, at Falmouth, arrived at Plymouth on Sa-
turday, to collect Naval Coast Volunteers for the
purpose of training, which commences on Wednes-
day, the Ist proximo.
His Prussian Majesty's corvette Arcona, 26,Capt.
Sundewall, which has been thoroughly repaired at
Devonport, got up steam on Saturday and left Ply-
mouth for the Baltic. She conveys from Siam a
considerable number of choice birds and animals,for
one of the public institutions in Prussia. The Arcona
left at Plymouth above 30 of her crew, who will
navigate to the Baltic the frigate Niobe, 26, just
purchased from the British Government.
The screw steamship Exmouth, 90, which was
commissioned at Plymouth in 1850, returned to the
Sound on Saturday, She has been some time en-
gaged in the Mediterranean. She left Gibraltar on
the 16th inst., and came home under canvas only.
The Exmouth brings the crew of the Pantaloon and
above 50 naval and military invalids. She was to
be inspected yesterday by Rear-Admiral Sir Thos.
Pasley, after which her powder will be discharged.
She was to go up Hamoaze, where the crew were to
be paid off, and the ship placed in the third division
of the steam reserve. It is very probable that, in
order to secure some of the experienced hands, the
Gibraltar, 98, will be put in commission at Devon-
port forthwith, The officers and crew of the Pan-
taloon, will, it is expected, be tried at Plymouth by
court-martial, for leaving the sloop on the rocks.
The training ship St. Vincent, in Portsmouth
harbour, which has been fitted with the patent ven-
tilating apparatus by Mr. Phipson, C.E., referred
to in The Sun of Thursday last, has been visited
during the week by a number of naval officers and
gentlemen interested in the question of ventilation,
the majority of whom, it is stated by the officers of
the St. Vincent, have expressed great satisfaction
with the results. So many plans have been tried
during the past few years for ventilating large pub-
lic buildings, and have turned out in so many cases
to be miserable failures, that every fresh scheme is
viewed with distrust. The plan now introduced by
Mr. Phipson to the Admiralty has, however, been
working successfully for several years in some of
the French hospitals. To inform himself as fully as
possible on the subject, our Portsmouth correspon-
dent went on board the St. Vincent at 9.30 p.m. on
Friday, and was accompanied over the ship by Com-
mander Lowther and his officers. The ship is in-
tended to have 600 boys on (maid wider training,
who would hang their hammocks for sleeping on the
middle and lower decks. At present she has only
375 on board, but the whole of these, together with
40 seamen, were sleeping on the lower deck, which,
although not at all crowded, was therefore suffi-
ciently full to test the efficiency of the proposed
system. This lower deck has a capacity of 70,009
cubic feet. The night was unusually oppressive, and
it was a dead calm, thus affording an excellent op-
portunity for testing the apparatus in the severest
manner. Passing along the lower deck underneath
the swing hammocks the temperature was taken by
a thermometer at various places. The maximum
was found to be 72 deg. and the mean 68 deg. At
the mouth of the shaft which delivered the air from
above the current was felt with considerable force.
A few yards from the shaft, however, the flame of
a naked candle was scarcely disturbed, and, at the
same time, clear forward, where there is no commu-
nication with the deck above, nor opening of any
kind, the cool air could be perceptibly felt moving
along underneath the line of hammocks, and this
was further confirmed by the readings of the ther-
mometers. In measuring the force of the current
over the fan in the cowl on deck with one of Biram's
patent anemometers it was found that 507,000 feet
of air were then being thrown down upon the ship's
lower deck per hour, the engines working at about
three-fourths of their power. Mr. Phipson believes
that this large volume of air passes in a continu-
ous steady form, without draught, along the entire
deck underneath the hammocks, and expels the foul
air above at once where there is a hatchway or other
outlet. Where there is no outlet, as in the fore part
of the St. Vincent's lower deck, he thinks the pure
air
rkheeeroaarplshipssilhoped
ascends and
dtafihbtoe above
eit
may
yorfl ril otat,shl
workingl
overls
esoc slbay
enjoyai
thes
claimed
to
teemfd the
its
ne s
fehossrot
oau stagnant
advantages,
hatbbcneeyhy t
mfwtaoehivarnen with
and theniltttohe
tnihsti
tmhoat eort
psbo pos-
sess
stokers,
thermometer at 146 deg., as was the case in the Re-
sistance on Thursday last during her trial trip,may
be allowed to share the benefits.

The following appointments were made yester-
day at the Admiralty:—The Hon. P. S. Stanhope,
midshipman, to the Sutlej, as supernumerary; H.
P. Smith and Lewis F. Wells, midshipmen, to the
Euryalus, as supernumeraries; Francis Chalmer,
naval cadet, to the Narcissus, as supernumerary ;
M. M'Causland, naval cadet, to the Euryalus, as
supernumerary ; E. G. Deedes, naval cadet, to the
Barrosti, as supernumerary; John Hill, engineer,
to the Cumberland, for the Osprey ; Henry Cook,
engineer, additional, to the Fisgard; Henry D.
Garwood, first-class assist.-engineer, to the Asia,
for the Swinger ; William W. Webber, first-class
assist-engineer, additional, to the Fisgard; William
F. Rowe and W. H. G. Webb, second-class assist.-
engineers, additional, to the Fisgard; Richard L.
B. Head, assist.-surg., to the Barrosa ; Henry G.
Ruby, assist-sarg., to the Squirrel ; James Thom-
son, assist.-surg., to the Fisgard ; and Francis T.
Helby, master's assistant, to the Perseus.

CYRUS REDDING'S NEW NOVEL.—Poetry, like
wit, is always young, and we nowhere meet more graceful,
pure, and glowing portraits of feminine beauty than in the
romantic pages of this marvellous octogenarian. The book
too ha.s all the other evidences of young and healthy mental
action. It teems with clear and original observation, and
is rich in those suggestive phrases which condense thought,
and imply, rather than fully express, the results of a long,
varied, and sagacious experience. Mr. Redding too knows
life thoroughly, and can describe it without one particle of
that cynical leaven which belongs not to age but to charac-
ter. His own is natrrally genial, and is toned, moreover,
by religion, and ho delights rather in the study of human
nature than in the dreary anatomy of mere worldliness.
Neither is he laudseor temporis acti, but in all respectts
abreast of the age in vhich he lives and work—as energetic
a friend of progress, Ind as keenly alive to all that passes
about him, as a man jast entering on active life. He illus.
L trates in the field of letters, as Lord Palmerston does in the
richer one of politics, how much error lies in ascribing to
age itself the weaknesses engendered by the enervating cir-
cumstances with which it often prematurely environs itself.
To
live and labour—as long as health is spared—among
• younger men, is the true c. elixir vitcy,,,—Doblin Univer-
say zagazine.

THE ALLEGED MANSLAUGHTER IN
CLERKENWELL.

--~-----

Yesterday evening Dr. Lankester, one of the
Middlesex coroners, resumed the inquiry at the
Royal Free Hospital respecting the death of George
Smith, aged 24, who it was alleged was killed in
a quarrel originating in a concert-hall in St. John-
street, Clerkenwell.
Mr. J. Pitney, of 37, Clerkenwell-green, said
that on Saturday night week he heard a disturb-
ance, and upon looking out he saw seven persons.
Two of them took off their coats to fight, and after
sparring and striking at each other, deceased tan
down the hill, the other pursuing him. Deceased
slipped and fell, when a female came to the other
man and induced him to go away. Deceased then
got up, and was putting on his coat, when a short
man came up to him and said, " You coward ; you
say you can fight, and you run away. I can fight
such a fellow as you myself." Deceased said some-
thing which witness could not hear, and the short
man struck him a tremendous blow on the side of
the head. Deceased fell flat at once, and the short
man ran away.
George Whitehead, a glasscutter, said that on
the night in question he was at the concert-hall of
the Red Lion and Punch Bawl, in St. John-street,
Clerkenwell, and there he saw deceased, Robert
' Hanks, two other young men, and two young
women. On their way home witness remonstrated
with deceased for being quarrelsome, upon which he
took off his coat and told witness " to take it out of
him." Some sparring ensued, but no blows were
struck.

John Hahn, 35, Clerkenwell-green, gave the same
account as the previous witness, of deceased being
struck down with fearful farce: by a man whom he
believed to be Robert Hanks. Deceased's head struck
the pavement with a noise as if a gun were let off.
The Coroner then summed up, and the jury re-
tnrned a verdict of manslaughter against Robert
Hanks.

The Coroner then made out the warrant for the
committal of Hanks for trial at the ensuing sessions
of the Central Criminal Court.

THE MYSTERIOUS 11TURDER AND
MUTILATION OF A TVOMAIV.

VERDICT OF AVILFUL:MURDER AGAINST SAM.
GARDINER AND ELIZABETH HUMBLER.

Yesterday afternoon Mr. W. J. Payne, the deputy
coroner, resumed the adjourned inquiry, at the
Saracen's Head Tavern, Northumberland-street,
Fenchurch-street, R 8 to the circumstances connected
with the mysterious murder of Elizabeth Gardiner,
in that court, on the morning of the 15th inst. This
was the third meeting of the jury, and long before
the time of meeting the house where the inquest
was held was crowded with persons interested in
the proceedings.
It will be remembered that at the close of the
proceedings on Wednesday last the Coroner ordered
the husband (Gardiner) and the woman Humbler
to be taken into custody, since which time they
were taken before the Lord Mayor, at the Mansion-
house, but merely a repetition of the evidence taken
by the Coroner was given, and they were remanded
to await the result of the coroner's inquiry.
The jury having answered to their names, with
the exception of Mr. Boss, whose recognisances
were estreated,
Elizabeth Caplin said she saw Mrs. Gardiner sit-
ting on the step of the door at 7 on Sunday evening.
Geo. Goulburn, 25, Cold Harbour-street, Hackney-
road, lamplighter, said--•I have known Samuel
Gardiner for some years. I recollect last Monday
week, when this happened. I saw Gardiner that
morning, at twenty minutes before five, in Leaden-
hall-street, going towards Cornhill. le had his
chimney-sweeping machine with him. I said, "Good
morning," and he returned the compliment. He was
then near to Sussex Hall. lam sure Gardiner was
the man I spoke to. I saw him again at 8 o'clock
the same morning. Temple, the policeman, called
to me to fetch his brother fficer, telling me what
had happened, and I did so. I was about going into
the house, when Gardiner said, " Stop, there is
enough in already." He appeared cut up, and
looked pale.
Thomas Raffield, of Belvedere-place, Southwark-
bridge-road, carpenter, said—l have known Samuel
Gardiner for four or five years. I recollect last
Monday week. I saw Gardiner at the top of the
alley, in Fenchurch-street, at two minutes to seven,
as I was waiting to get into the shop. I was too
late for six o'clock, and I was waiting for seven, to
go in. I work for Mr. Turnbull, and if we are too
late to go in at six we go in at seven. Gardiner
said " Good morning," and I said the same. He had
his machine on his shoulder. I did not notice if he
had a bag with him. His face was towards Fen-
ehurch-street. He appeared to have just turned
out of Northumberland-alley. I have not seen him
since.

John Maguire, 4, Aldgate. photographic artist,
saia-1 know rmmer,. tiara-liner, ulla` Ha\c duuc
for two years. I recollect Monday week, the morn-
ing this happened. I saw Gardiner at five minutes
to seven o'clock, near Moses and Son's, in Aldgate,
between the Minories and Jewry-street. I spoke to
him, and he replied to me. He had his sweeping
machine with him, and a bag over his left shoulder.
I saw him the same morning at 20 minutes past
seven, between Billiter-street and Callum-street, in
Fenchurch-street. He was sitting on a rail at the
corner of Star-alley. That is beyond Mark-lane.
The Coroner said the object of calling these
witnesses was to show that the statement of Gar-
diner was incorrect, if their statements were true.
Mary Bywater, 14, Swa,n-street, Minories, said
—I am married, and my husband works on the
railway at Haydon-street, I knew Mrs. Gardiner,
who was a customer at my shop. She came to my
shop on the Saturday before this happened.
She said she fell down stairs and hurt herself.
She said she supposed she should have to go to the
Bow Union. She said she was very bad, and said
she saw no other resource but to go to the union.
She always appeared very deep in trouble. I saw
her twice on the Saturday. I told her I was sorry
for her, and heard no more of her until I'was told
that she had been found with her throat cut.

This being the whole of the evidence,
The Coroner said it was highly gratifying to him
to find that the jury had given so much attention to
this case, and which would satisfy the public that
the matter had not been slurred over, that pro-
per attention had been paid to it, and that the whole
of the subject had been gone into. Having given
the subject a calm and patient consideration, there
would be two principal questions for them, and,
whether they determined one or the other, out of that
question then another one would arise. It was shown
by the evidence that the deceased was found with
her throat cut, and the first question they would
have to consider would be, was that her own act ?
If they should be satisfied of that, then they would
have to consider the state of mind she was in when
she did it. If, on the other, they were of opinion
that it was not her own act, then they would have
to be satisfied who was the guilty party, and did
the. evidence show that any one was responsible for
her death. It appeared from the evidence of several
witnesses that the deceased had been for some time
in a low and desponding state, which might be ac-
counted for from the fact that the man to whom she
was married had brought home another woman to
live in the house, which seemed to worry her a good
deal, leading to frequent bickerings, and on more
than one occasion he had given her black eyes.. On
the Sunday before her death the deceased com-
plained of the treatment she had received from his
paramour Humbler. He said that next morning
he would put a stop to it, but that Gardiner ex-
plained by saying that what he meant was that
Humbler should go away that morning. It also
appeared that several valentines were found,
which appeared to have worried her a good deal.
As to the idea of this being a suicide, they had
the evidence of the medical men that one finger
was cut entirely through, and that it was not pos-
sible for the deceased to have grasped any sharp
instrument tight enough while in the agonies of
death, and so have caused these wounds in her hands
herself. Dr. Sequeira and Dr. Conolly, who
assisted in the examination, both declared thatY'
this
was not the act of the woman herself; and, although
a knife was found in the deceased's right hand, yet
curiously enough, the back of it and not the edge
was placed towards the throat. This was one of
those important facts which sometimes came out,
and it would lead in this case totheconclusionthat
hand,
the knife had been afterwards placed
but that the person putting it there had accidentally
put, it with the back instead of the edge towards the
throat. The evidence appeared to him to be nar-
rowed into those two points, and he would remark
that the jury would not have' to try any one, but to
ascertain whether there was such aprima facie case
of suspicion against any one as to justify them in
putting him on his trial at the Old Bailey on a
charge of murder. It must be a charge of murder,
for it would be quite impossible to reduce the offence
to one of manslaughter.
Sergeant Mobbs said he wished to give some ad-
ditional evidence as to a statement by Gardiner.
He said—On Wednesday last on con
conveying Gardi-
ner to the station-house, Gardiner said, "I am glad
acodmhee out."
said I am given into custody. something will
I cautioned him as to sayths anything, and
no more.
The Coroner then proceeded to read over the evi-
dence of the different witnesses, commenting briefly
upon parts of it as he
proceeded. He said as re-
garded Gardiner there was not an absence of a mo-
tive, which was to live uncontrolled with Humbler;
and there was a great discrepancy between the
statement of Gardiner as to the time he left the
house on the Monday and the evidence of the Wit-

nessea who had been examined that day. After
some further remarks he left the case in the hands
of the jury, and it would be for them to say whe-
ther this was not a subject that required further in-
vestigation before another tribunal.

Die room was then cleared, and after a quarter of
an hour's exclusion the public were re-admitted,
when—

The foreman said that their verdict was wilful
murder against Samuel Gardener and Elizabeth
Humbler.

The inquisition having been signed the coroner
made out his warrant of committal of the prisoners
to Newg•ate, and witnesses were bound over to ap-
pear and give evidence against them at the next
session of the Central Criminal Court.

S 7 ALBANS PETTY SESSIONS, Sept. 27.

- - -

EXTRAORDINARY CFIARGE OF TRESPASS IN PUR-

SUIT OF GAME.

(Before Mr. Martin and a Bench of Magistrates. )
This was an extraordinary case (which had to'be
abandoned at an early stage of the proceedings),
promoted by Major Stapleton against a gentleman
named Hopton, on sworn information of a boy, for
trespassing in pursuit of game.
It will be recollected that on Saturday, the 20th
inst., Major Stapleton pleaded guilty to having tres-
passed in pursuit of game upon Mr. Hopton's land,
and was fined in the full penalty of 40s, with costs.
It was stated at the conclusion of the report of the
proceedings that a summons for a second trespass
would be taken out against Major Stapleton, and it
wilt be seen from what transpired at the petty ses-
sions to-day, that a second information had been
laid. In the meantime the cross-information against
Mr. Hopton had been promoted by Major Stapleton.
As in the previous case, Mr. Blagg, solicitor, of
St. Alban's, appeared for ajor Stapleton ; and Mr.
Annesley, of the same place, for Mr. Hopton.
Before the case was presented to the bench,
' Mr. Blagg desired to know whether there was
any prospect of a settlement of the matter without
making sport for other people.
Mr. Annesley wished to know on what terms.
Mr. Blagg said that no further cause of complaint
as to trespass should be given on the part of Major
Stapleton or Mr. Hopton.
Mr. Annesley having consulted his client, said Mr.
Hopton would consent to such an understanding
only on the condition that Major Stapleton should
proceed with his case against that gentleman.
Mr. Blagg said the evidence he had was quite
conclusive, as to trespass on the part of Mr.
Hopton.
_ _

gr. Annesley—My client says that there is not
the shadow of foundation for the charge, and that
the case must proceed.
Abel Giles having satisfactorily answered ques-
tions from the bench as to his knowledge of the
nature of an oath, was then examined by Mr. Blagg.
He said—l am ten years of age. lam in the em-
ploy of Mr. Peppercorn, and on this day fortnight
I was minding sheep in a wheat stubble field be-
longing to my master. A short time before my
dinner time I saw three persons with two dogs
come out of the field called Oakley's field (this is a
portion of Mr. Hopton's shooting ground) into my
master's field. I was at the time lying down by
the side of the footpath. The dogs were a black
and white one.

Did any of the persons carry guns ?—Yes, one of
them. He was a tall person. The white dog was
running about, and the black dog was following
behind the persons.

By the Bench—Only one person carried a gun.
Mr. Blagg—Was one of the persons a keeper?—
Yes. Mr. Hopton's keeper, who lives at Hall-
heath. The third person was a boy. The tall per-
son shot a bird (partridge), and the boy picked it
up. After that they left and went on Mr. Pack's
grounds. Since that time I have seen the tall gen-
tleman ; he was pointed out to me by a person of
the name of Slough. This; was a week afterwards.
I have seen him to-day. That is the gentleman
(pointing to Mr. Hopton). I live with my aunt,
and mentioned what I saw to her on this day fort-
night after I got home; I also mentioned it to
Slough, and it was then that he took me to point
out the gentleman.
The Bench—How far were you from the gentle-
man when he shot the bird ?

Witness—About 100 yards.
Cross-examined by Mr. Annesley—l do not
know Mr. Hopton, but I think I had seen him be-
fore he shot the bird. I saw him shoot it in the
morning. It was before dinner. I have my dinner
at one o'clock. It was before dinner that the bird
was shot—it was about 12 o'clock.

By the Bench—l know it was about 1 o'clock
when I had my dinner, because I asked the time of
a person who was passing by.
Joseph Slough, in the employ of Major Stapleton,
deposed to the boy having pointed out to him Mr.
vtupton as the gentleman who shot the bird.
This closed the case in support of the information.
Mr. Annesley put it to the Court whether it was
necessary to enter upon the case for the defence,
when it was notorious that on the 13th inst. Mr.
Hopton was in conrt at 1 o'clock, in support of his
information against Major Stapleton.
The Bench said it was necessary for Mr. Annesley
to tender evidence of the facts he desired to prove.
Mr. Annesley, in defence, said this was the most
unfounded case ever brought into Court. On the
13th Mr. Hopton left London by the 10.45 morning
train, arrived at St. Albans a little atter 12 o'clock,
was in attendance at the Court at 1 o'clock, and at
half-past 2 was in his own shooting ground, a con-
siderable distance from Mr. Peppercorn's property,
which he did not approach until 6 o'clock in the
afternoon. He would proceed to prove to the Bench
that this was a trumped up case of the most dis-
graceful tharacter. He then called
John Tooley,who deposed as follows—l am keeper
to Mr. Hopton. I was in this Court on the 13th,
when a summons came out against Major Stapleton
for trespassing on Mr. Hopton'F., grounds. I saw
Mr. Hopton on that day, b Aween 12 and 1 o'clock,
within a short distance from this place—at Mr.
Kinder's brewery. I stopped with Mr. Hopton un-
til about 20 minutes past 1 o'clock, when he left to
go to his own grounds. I met him at Pack's farm
(about two miles from St. Albans) in about an hour
after. Mr. Hopton had not a gun with him. I take
care occasionally of his gun, and have charge of his
dog. On the 13tn his gun was at Mr. Pack's farm,
and his dog with me. I left the gun at the farm on
Friday. A gentleman of the name of Greaves walked
over to Pack's farm with Mr. Hopton. It was about
half-past 2 that I went out in attendance upon
Mr. Hopton and Mr. Greaves. I never left them
till they ceased shooting. We never went near
Mr. -Peppercorn's land until about five o'clock.
That was when we were in Oakley field. Mr.
Hopton did not shoot a bird in that field, but Mr.
Greaves shot one. We did not go upon Mr. Pep-
percorn's ground. We did not have two dogs with
us ; we had but a white one. No boy was with us.
The bird that was shot by Mr. Greaves fell on the
other side of the hedge which divides Oakley's field
from Mr. Peppercorn's land. I said to Mr. Hop-
ton that the hedge belonged to him, but he would
not allow me to get the bird.
Cross-examined--Mr. Hopton was not shooting
on Friday, the 12th, or on Saturday, the 11th.
Mr. Annesley—l now propose to call Mr.
Greaves, who was with Mr. Hopton from half-past
ten on the morning of the 13th until eight at night,
and that gentleman will give further proof that the
whole case is a fabrication from beginning to end.
Mr. Blagg—We admit that the boy is mistaken,
and we abandon the case.

Mr. Annesley pressed for the evidence of Mr.
Greaves, but the bench decided that no further evi-
dence was necessary.
The information was then abandoned.
Mr. Hopton withdrew his second information
against Major Stapleton, and the parties left the
court.

COMING OF AGE.—The coming of age questions
are high mysteries. Do all men attain years of discretion
at the same moment in their lives—as the clock strikes 12
on the night preceding their 22d birthday--22d because
they are 0 years on their first--does nobody ever between the
ages of 18 and 25 grow less discreet every day ? Diversity
of character, say the lawyers, can have nothing to do with
it. Twenty-one is the age at which every man ought to be
discreet. Prodigious truth I Bilkins at 21 publishes rhap..
sodies of verse ; Dilkins at 21 converts all silver that he
touches: into pastry; Filkins at 21 crams for examination,
and gulps information down in undigested lumps ; but they
are all equally patterns of Blackstonian discretion. He is
the 13th English Prince of Wales who comes of age this
year, on Sunday, the oth of November. Of his predeces-
sors, only four held the title when they came of age, so this
is only the fifth of such coming-of .ages known to English
history. Of the four who thus came of age as Princes of
Wales, three came to the throne. Four of the princes mar-
ried, and of these only one made a Princess of Wales a
Queen. May the omen be absent from this celebration ;
for all England joins the present prince in wishing that it
may be 40 years and more before he can be king s
" All the Year Round."

ADVERTISEMENT.]—HoIIoway's Ointment and Pills.—
ChestPreservatives.—At all seasons of the year the rate of
from diseases of the lungs is very refit. Iloilo-
;ills, arrests all mischief. These cleansing medicaments
rn:ty
exercisev'rtsaOintment li
well rubbed upon the chest, aided by his
the most salutary and restorative influence over
the entire contents of the pectoral cavit. s
nerves, blood-vessels, and all other tissuyes feeltube thsi,r
both venous and arterial blood, by
wholesomely potent power, more particularly in their
ythpeurifrfeyeincgirculation of air. Neither Ointment
pthroomrooutginhgl
nor Pills contain aray noxious in whatsoever ; but
their balsamic natures nourish rather than irritate the sys-
subdue all her
symptoms till all is
wtheeilmo,nacendi:ii)nred,ly