The Sun.
London, England, 1865-07-18 00:00:00

18.1E41
30.17.61

rHE SUN, LONDON, TUESDAY EVENING, JULY 18, 1,53+35•

LAW INTELLIGENOE—This Day.

COURT OF PROBATE AND DIVORCE.
(Before Sir J. P. Wilde).
POWER V. POWER-JUDGMENT.

The learned judge in delivering judgment in this case
this day said that a few days ago an earnest appeal had
been made to the Court on behalf of the respondent. That
appeal was founded, not on a denial of the adultery in the
facts alleged in the petition, but on the ground of
the respondent's youth, but after what had been
proved no reliance could be placed on his promises, which
had been frequently tried and without success. Of the
adultery nothing could be said, for it appeared that it
commenced at an early period, and was carried on with
women of the town, and the only excuse for the respon-
dent's conduct in this respect was that he was in a habi-
tual state of drunkenness. In the present case there was
an aggregate of acts of cruelty, including blows and
bruises, and in one instance the respondent attempted
to cut his wife's throat, but having used the back
of the knife she escaped. He blight have carried
out his intentions, but the wife escaped by stratagem.
There could be no security that the petitioner would be
happy with a person of the intemperate character of the
respondent, and he must therefore make the decree nisi.

COUSINS P. COUSINS.-JUDGMENT.

This was a suit by the wife for the dissolution of the
marriage on the ground of her husband's adultery and
cruelty. The, parties were married in April, 1861, and
separated in May, 1862.

His Lordship, in delivering judgment, said that the
Court was called on to pronounce that the respondent
had been guilty of legal cruelty on the ground that he was
in the habit of isolating himself from his wife and was
wanting in affection to her. The only question was whe-
ther these facts amounted to legal cruelty, which, it was
contended, they did, taken in connection with the adultery
committed by the respondent, which was committed in his
own house. The learned Judge having cited the dictum
of Lord Stowell to show that that learned jurist did not
consider adultery, when committed with a servant under
the roof of the 'parties, amounted to legal cruelty, he
could not, therefore, dissolye the marriage, but would
grant judicial separation if the petitioner applied to the
court.

COURT OF BANKRUPTCY.
(Before Mr. Registrar Winslow.)
A CLERIC IN THE BOARD OF WORKS.-1N RRCANTRILL.

This bankrupt was described as a clerk in the Woods and
Forests-office, and his debts are .£l,lOO, to-day being ap-
pointed for the order of discharge.
Mr. Reed, for the assignees, asked that an account should
be filed showing the nature of the bankrupt's expenditure.
Mr. Griffiths, for the bankrupt, said his client had only
£l6O per annum. His duty was to look after the National
Gallery and other public places at the West-end, and, in
common with tho rest of the clerks in the Woods and
Forests, had a district assigned to him. lie was willing
now to set aside £3O per annum for his creditors.

Mr. Reed pressed for the accounts, and Mr. Longtaffe,
for large creditors, complained of the mode in which his
clients had been treated.

His Honour said that the case must be adjourned for the
accounts, which Mr. Reed required on behalf of the
assignees.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

ARE POLICE CONSTABLES DEBARRED FROM GIVING EVI-
DENCE ON BEHALF OF ACCUSED PERSONS ?-Mr. Edward
Dillon Lewis, of Great Marlborough-street, attended before
Mr. Tyrwhitt, and said his worship would remember that
on the previous day a cabman, named Couch, was charged
before him with being drunk, furious driving, &c., and
fined 40s. In the course of the case he (Mr. Lewis), having
been instructed by the prisoner that Police-constable Gor-
don, 36 C, had known him some years, and could speak to
his character, called him to give evidence on the part of
the prisoner; he (Mr. Lewis) denied the allegation that
_ _ _

the prisoner was drunk, and asked that the inspector who
took the charge might be called to give evidence. It
appeared, however, that the inspector was in attendance at
the Middlesex Sessions, when his worship inquired whether
there was any one present in court who was at the station
when the charge was taken. Another constable (Adams,
135 d) then came forward and stated that he was acting
gaoler at the station on the occasion mentioned, and he de-
posed that the symptoms spoken to by witnesses for the
prosecution might, in his judgment, be attributed to in-

juries received by the prisoner in the fall from his cab. A
complaint had been made, he (Mr. Lewis) knew not by
whom, to the superintendent, in consequence of the con-
stables having given this evidence. He had therefore to
ask, on behalf of the constables, for a copy of the notes, in
order that the same might be transmitted to the Commis-
sioners of Police, and that they might be able to form a
proper judgment on the evidence given. He thought it
right to state that both constables were in court
on other business, and not for the purpose of
being called as witnesses in the case. Ho (Mr.
Lewis) could not conceive why the fact of the men being
police constables was to prevent them giving evidence
when called on to do so, such a theory being contrary to
all principles of justice, and one which would, he felt, never
be sanctioned by a magistrate. It appeared, however, that
the police authorities entertained this idea.

Mr. Tyrwhitt said he had no wish to interfere between
the constables and the superintendent. If ho was asked
whether a man when he became a constable was to forfeit
his rights as a citizen he should say it was an absurd doc-
trine, because a police constable might in many cases be
able to give important evidence but be held back by the
fear of offending his superiors. Besides, police constables
would be open to the charge of giving partial evidence.
Ile should decline to give the notes, and he thought there
must be some mistake about the matter, as he did not think
the commissioners would suffer such a thing.
Mr. Lewis said such a report had been made, and the
constables were summoned to appear before the superin-
tendent to-morrow.

Mr. Tyrwhitt, in again declining to give the notes asked
for, said he had not a word to say against the officers, and
he had no doubt they had spDkon to the best of their belief.

WESTMINSTER.

WHOLESALE ILLEGAL PAWNING.—WiIIiam Little, de-
scribed as a watchmaker, was charged with illegally pawn-
ing a watch, value £5, the property of Thomas William
Jenkins.

In consequence of above 30 complaints having been made
to Mr. Selfe on Monday against the prisoner for illegally
pawning, Knowland, 141 B, the warrant officer, was ordered
to go to the prisoner's house, and, if possible, take him into
custody.
Thomas William Jenkins, bookmaker, 20, Eaton-lane,
Pimlico—Six months ago I gave the prisoner a watch to
repair. I asked him for it several times, and found he had
pawned it. That is my watch (produced). I never autho-
rised him to pawn it.
William J. Squire, assistant to Mr. Courtenay, Stock-
bridge-terrace, pawnbroker—l produce the watch pawned
on February 9. I took it for £1 from a woman.

Knowland, 141 B—The wife gave me the tickets and
told me she had pawned all the watches by prisoner's

direction.

Jenkins—Two months ago he said he had pawned it, and
when ho had some money he would get it out. His wife
also told mine the same.

Knowland—l have twenty-one duplicates relating to
watches. Prisoner had a situation at the Grosvez or Hotel,
but lost it by this.
Prisoner—l had a contract from Brixton prison. I got
into difficulties somehow. I was exposed at the Grosvenor
Hotel, and lost my situation. I did not pawn the watches,
but my wife did. I have been in very trying circum-
stances, and am very sorry for what I have done.
He was apprehended by Knowland, who stated that,
among other depredations, ho had obtained a watch from
the matron of the Brixton prison, and, under pretence of
repairing, had pawned it.

Mr. Arnold remanded the prisoner till Friday, offering
,o accept £2O bail.

THAMES.

BRUTAL OUTRAGE.—Edward Donovan, a powerful
fellow, about 23 years of age, was brought before Mr.
Knox, charged with violently assaulting Margaret Rear-
don, whose face was mutilated, and her left eye cut and
swollen.

The complainant, a young Irish woman, said slim had
been acquainted with her countryman, Donovan, for some
time. He was the father of her child, which sho had left
outside the court. She met him last night between the
hours of eight and seven.

Mr. Knox—Between the hours of seven and eight, you
mean ?

Witness—Yes, sir. I met him then in Royal Mini-
street, and asked him to support his child. He imme-
diately up with his fist and struck me on the aye and
knocked me down, and when I was down he kicked me
as hard as he could, and 1 was quite senseless.
Mr. Knox asked if the child had been affiliated, and the
woman replied in the negative.
Samuel Damarck, police-constable, No. 140 11, saw the
woman last night bleeding copiously from the eye and
mouth, and the bystanders said she had been very much
ill-used. The prisoner was inebriated, the woman was
sober.

The prisoner, in his defence, said he had seen the com-
plainant as a casual acquaintance, whom one looked at and
soon forgot, and she importuned him for money and said
he was the father of her child, which he knew was not the
case. She threatened to stab him and to obtain nine
pennyworth of vitriol and throw over him and blind him.
She had persecuted him in every possible way, hunted him
through the streets, called at his place of business and
" shown him up." ,

Mr. Knox believed the prisoner might have received
provocation, but it was not to be wondered at if he was
father of the young child. The pr9vocation did not jus-
tify such a brutal assault as that which the prisoner had
committed, and a portion of which the prisoner admitted.
He sentenced the prisoner to two months' imprisonment
and hard labour,

The Burning of the Ship William Nelson

The Greenock correspondent of the North British
Mail writes :—The fine barque Meteor, belonging
to the well known firm of J. and W. Stewart, of
Greenock, and commanded by Captain Hart, which
arrived here on Friday last from Porto Rico, reports
having picked up 30 passengers of the ill-fated ship
William Nelson, the destruction of which by fire
we narrated a few days ago. Captain Hart reports
that at 3 o'clock a.m. on June 28, weather calm,
when in latitude 41 58 N., longitude 51 48 W.,
he heard a noise to windward, as of people scream-
ing. Bore down towards it, and found and picked
up nine females and twenty nine males, forming
part of the passengers of the ship William Nelson.
They were floating upon spars, pieces of wood, hen-
coops, &c., up to the waist in water, and were
almost in a state of nakedness. Eight of the females
were seated astride the lost ship's mainmast. The
ninth was found floating on a spar about two miles
apart from the rest. At first this female was thought
to be dead, but efforts to restore her were success-
ful. These passengers were all Germans, and their
language could only be understood by some of the
seamen of the Meteor, who were foreigners.
After picking up these sufferers, who had been
knocking about in this condition for two days
and two nights without food or water, the
Meteor kept backing and filling about till
10 a.m., looking out for more of the
lost passengers, but could find none, though several
dead bodies were seen floating about. The rescued
passengers, who were all suffering more or less from
burns, reported that the William Nelson had 482
adults and 70 children on board as passengers,
bound from Antwerp to New York. They believed
that the greater number of the passengers were
destroyed by the fire, and that a great many went
down with the ship. They said that, on the fire
taking place the captain and his officers and crew
manned the boats and put off from the burn-
ing ship, leaving the passengers to perish. That
a number of the passengers jumped over the
ship's side into the sea, and endeavoured to
get into the boats, seizing upon the gunwale with
this intention, but that the officers and crew
struck their heads and hands with the oars and billets of
wood, and left them to perish. They stated that on the
27th, while floating about on the fragments of wreck,
they sighted an American ship which evidently saw them,
but passed without giving them any aid. Captain Hart
and his officers and crew gave the most humane attention
to these poor rescued people, dressed thoir burns and
wounds, had the females accommodated in the cabin,
clothed them as best they could, and in doing so turning
some male attire to the best possible account. After
getting under weigh, the Meteor sighted a large ship
backing and filling, as if hovering about the scene of
the disaster, but could not learn whether she had picked
up any of the William Nelson's people or not. Captain
Hart, finding that he had not sufficient provisions on board
to supply his crew and the 30 people on the passage across
to Britain, and that he was 320 miles south of St. John's,
Newfoundland, made for that port, where he landed the
passengers in safety ; and on the night of the 30th pro-
ceeded on his voyage. One of the passengers picked up
had lost 2,700 francs, and another 1,500 francs. Another,
an elderly man, who seemed to be an artist, and spoke
of painting a view of the burning of the William
Nelson, had a good large sum of money with him,
attached to a belt round his waist, and had managed
to save it intact. The rescued passengers expressed a
strong belief that the burning of the ship was intentional,
and said that two vessels of which the same mate had been
chief officer had been burned at sea. They said that some
of the officers and the carpenter went below, drove all the
passengers on deck, and after plundering the chests of the
passengers, set fire to the ship. Of course this statement
is not likely to pass uncontradioted. Captain Hart, his
officers, and crew, deserve great credit for their humane
efforts in saving so many lives, and we hope to see their
efforts recognised in a way that may encourage others to
follow their example when placed in like circumstances.

MR. BUCKSTONE'S BENEFIT.—To-morrow (Wed-
nesday) closes the season at " the little theatre in
the Haymarket," and Mr. J. B. Buckstone, the lessee,
announces it also as his annual benefit. It will also be the
occasion of other "last words," namely, the last and 49th
night of Brother Sam,' and of Mr. Sothern's performances ;
also of " The Miller's daughter," and of " Our Mary Anne."
And last, not least, Mr. Buckstone himself will bid fare-
well to the public and his patrons, in one of those addresses
which are always looked for as an event of the close of the
season.

AN ODD SCENE AND AN ODD LAW.—A curious
scene took place two evenings back on the Boule-
vard Beaumarchais. Monsieur B—, an advocate, walking
• out accompanied by his dog, an Italian greyhound of great
beauty, suddenly missed the animal, and retracing his steps
overtook a man of decent appearance with the dog in his
arms. The thief had already removed the collar with the
owner's name and address, and was endeavouring to stifle
its cries. Being a man of groat muscular power, M. B—
soon mastered the delinquent, and then offered him the
choice either of being consigned to the police or of kneeling
down in the street and kissing the dog. The thief, after
some little hesitation, chose the latter alternative, and per-
formed the ceremony in the midst of the laughter and jeers
of the bystanders. Satisfaction being thus given given,
M. B— was willing to allow the defendant to depart in
peace, but some serpents de ville coming up insisted on
taking him before the commissary of police of the quar-
ter. M. B— accompanied the party to the office, and
when there explained to the' commissary that ho had
acted in virtue of an old law of the nurgun-
dian Parliament never yet abrogated, containing
(Title x. cap. 8, art. 9) a disposition thus worded :
"If any man has stolen a greyhound (voltrahum), or a
skusiave (seguteum), a 'particular sort of hound used by
the Gauls for hunting the boar, or a lurcher (petrunculum),
we ordain that the guilty party be obliged either to kiss
the animal before the whole people or to pay five sols of
gold to the master of the dog and two sole as fine." The
advocate concluded by interceding for the culprit, on the
ground that he had satisfied tho conditions of the law, but
the commissary, recognising the man as an old offender,
sent him to the Prefecture.—Galignani.
UNINTENTIONAL INFANTICIDE.—Mr. John Simon,
medical officer of the Privy Council, in his evidence
before the Select Committee on the Chemists and Druggists'
Bills, mentioned some startling facts as to the unintentional
destruction of infant life, by opium. "There aro some
country districts of England," he said, "whore child
killing by opium is monstrous. Every ono knows that in
some of the manufacturing districts, where mothers are
employed and children are neglected, the mortality of
infants is twice or thrice what one would call the
nominal rate of dying, and that a considerable share of
this undue mortality is caused by dosing with prepara-
tions of opium. But it is not equally well known that in
certain country districts the same amount of mortality
-of infants is to be observed; and when the particulars
of this are inquired into, it appears that the conditions
are very similar to those which operate in the manufac-
turing districts, and that even a greater proportion of the
mortality is oaused by the domestic administration of opium."
" I should not like you," Mr. Simon continued, " to suppose
that I think much of it is intentional. Ido not think that,
but there is a carelessness as to the result that is hideous.
On this subject the committee would find the facts given
in my last annual report, and especially with reference to
the marsh districts of England. The women work in
gangs, and travel about the country, leading often a very
reckless and rollicking life, leaving their children a great
deal to chance as they travel about. The children fare
very badly, as the children do in manufacturing towns.
To be kept quiet they aro drugged with opium. The pea-
santry have a tradition that opium is useful in their ague,
and hare got so familiar with it that many of the adults
Having this local knowledge of opium,
children very largely, the •
heinldrcuemnbdraynineeg
The children ya'rehea
monstrously. The mothers (namely, the agricultural
gang-women) appear often to b very reckless whether the
children live or die.
to them."
talrieeyopuiuP,am-iet/eors..

ATTEMPTED MURDER AT WARWICK .—Yesterday,
at the Warwick Borough Police Court, George
London was charged with attempting to murder William
Coates, by shooting at him with a gun. Between
twolve
and one o'clock on Sunday morning, the prisoner, who does
not bear a very good character, went to a house in Mount-
street, where be knew Coates was, and said that he would
shoot him if he came out. Coates went out, and the pri-
dsoennetiarl
instantlyly
Coates dischargedtu rned sideways, loadedaand
the greater portion
of the charge entered the door and walls, but several of the gun at him. Provi-
dentially
shots lodged in the man's shoulder, inflicting a serious
wound. The prisoner then decamped, but was appre-
hended shortly afterwards in bed. A quantity of percus-
sion caps, powder, and shot were found upon him; and an
open knife was laid on the bed by his side. He did not
make any (Welke, and was remanded for the attendance
of the injured man. Jealousy of a woman with whom he
has for years cohabited, and who has recently shown a
preference for Coates, is assumed to be the cause of the ill

feeling.
RAILWAY DISASTER.—THREE MEN KILLED.—.
On Saturday afternoon a fatal accident happened
on the new railway from Sudbury to Bury St. Edmunds,
Clare, Haverhill, See. Some of the workmen from Clare
who had been employed at the station were returning to
their homes when, on reaching a part of the line about two
miles from Sudbury, the engine and trucks ran off the line,
and three of the men were killed on the spot, and a fourth
so much injured that his life is despaired of. The accident
is said to have arisen from an incompetent person laying
the points. The line has not yet been opened for traffic.

A Poisoner's Confessioo.

The following is the main portion of t, he confes-
sion of Lindbach, the Swedish clergyman,*'who was
recently condemned to death for murdering several
of his parishioners by putting arsenic into the ;,ozn-
munion wine :

I comprehend " the pastor's" duty as a father's. I
ordered notice to be given me every Sunday by appointed
persons of where any poor sick person was to bo found.
After such inquiries I went round with food and medicine,
and became witness of much misery and hopelessness.
When one stands beside an incurably sick and dreadfully
-pained fellow-creature, one wishes, of all his heart, that hb
might be released from his heartrending misery. By those
hungry, cold, incurables in Silbodahl I have often
stood, moved by the deepest pity, and thought, " Were I
in such a miserable plight I would bless him who hastened
the end of my pain, and God would forgive that merciful
one." With every renewed visit to these poor people I
was strengthened in this idea. I prepared separate wine,
as help in trouble, when this, my misdirected charity,
should urge me to it. I thought, also, what none can
deny, that very few hunian beings pass to the other world
in the course of nature, i.e., when the powers of soul and
body are worn out by age. Some external cause occurs,
which God, though ho does not advance it, yet does
not prevent, in virtue of the freedom he granted,
the understanding he gave. How many in the prime
of life, in their full vigour, are their own murderers,
involuntarily, yet through misuse of their under-
standing. How many have fallen out of the hands of the
most skilful physician into the grave. The patient's state-
ment is not always properly, comprehended (yet the state-
ment determines the prescription, and the prescription de-
termines life or death) without God's either helping or
hindering, and neither doctor nor patient are thought to
have any share in the death. How many an illness
which in the beginning might easily have been cured
has, through delay in seeking help, precipitated its
victim into the grave. From these incontrovertible
facts, and the many such examples which I have partly
heard described, partly witnessed myself, I have come
to the conclusion and belief that science as well as
ignorance often bears the most decisive part, and that
pious faith is often wrong in saying "the hour had
come." I therefore believed that the merciful God would
not condemn me if I shortened the sufferings of a miserable
fellow-creature. This action is certainly to outward
appearance against all law, but in reality it rests upon
grounds of compassion. My God, before whom I shall
finally answer, knows this, and with deep contrition I feel
myself worthy of the sore punishment of the civil law for
the sinful compassion I exercised towards the dead persons
in the case. Respecting Lysen, men will likely reject my
assertion of mercy and call it selfishness in its grossest
form, but those who knew his dreadful sufferings and our
written agreements will admit my motives of pity.
My guilt is great, my enemies acted right in their
earnest investigations. To their consciences, however, I
put the question, " Was it zeal in service, or zeal in
persecution which directed your course ?" Hate, the
world's demon, is a murderer, and wants even the poor
comfort of having meant well :by its crime. Who is most
responsible—he who against the law frees one from misery,
or he who, under protection of the law, precipitates one
into misery ? God alone will judge ! How I have sinned
is confessed before God and man; and now, my persecu=
tors, I pray you, be merciful as our Heavenly Father is !
Let your false imputations now cease, and spare my
blameless relatives the heartrending scream of that hate.
You have enough—my crime confessed, my house de-
stroyed, my grave opened. Farewell farewell, Carlstadt !
That day I was ordained your pastor, I was ordained to
death. 0 God! have mercy upon me !