The Sun.
London, England, 1865-02-09 00:00:00

rHE SUN, LONDON, THURSDAY EVENING, FEBRUARY 9,1865. T

SHARE

'his day.

LAW INT,

(This Day).

ORDINARY SHARES AND STOCKS.

PRIVY COUNCIL,
(Before Lord Chelmsford and Lords Justices Turner and
Knight Bruce.)
THE UNITED STATES.-JUDGMENT.

'el Railways. I raid./ Closing Business
Price. done.

Str. Val.
Blyth and Tyne
Bost*l and Exeter
Caledonian
Cork and Bandon
Cornwall

This was an action •brought by the proprietors of the
Otter steamer, to recover damages for injuries alleged to
have been inflicted through the negligence that occurred on
the occasion of the launch of the United States, below
London Bridge, on the 9th of March, 1864. It appeared
that the Otter was going down the river on the afternoon of
the day in question, when she was struck by the Columbine
which was driven against her by the United States, which
was then launched. The proprietors of the United States
contended that the damage was caused by the negligence
of the persons in charge of the Otter, who omitted to attend
to the announcement that had been made as to the intended
launch. The case was heard before Dr. Lushington,
assisted by the Trinity Masters, who decided in favour of
the defendants. The case came before their lordships on an
appeal from that decision.

13! 13

Do. A (A gets no div.
Do. till6p.c.p.an.has,
been paid to B
Dublin & Belfast June.
Dun,.Pertit, & e b.Junc.
Edinburgh & Glasgow
Glasgow & S. Wt stern
Great Eastern, Ord. stk.
Do. E. Angl. st No.
Great North of Scotland
Great Northern

D A stock.
Do. B co ...

Do. New. is. at 21 pm
Gt S. and W. or Ireland
Gt. Weste n -Original
D . 5. Val. Rail gua.
Do. South %Vales
Do. W. Mid.— Ox:ord
Do. Newport
Do. Ire eford
Lane :shire & Yorkshire
London and Blackwali
Lon., Brigh., & S Coast
Lon., Chat., and Dover
Lon. & North Western
Lou. & South Western
Man., Shot., & Lincoln
Maryport and Carlisle
Do. shares
Metropolitan
Do. New
Mid and
Do, Birmin & Derby
Mid. Gt. W.. Ireland

Lord Chelmsford delivered an elaborate judgment this
morning, and said that their lordships were of opinion that
as there had been some departure from the prescribed prac-
tice in regard to giving the proper signal at the time of the
launch, the respondents should pay half the amount of the
damage claimed, but no costs were to be allowed on either
side.

COURT OP BANKRUPTCY.
(Before Commissioner Holroyd.)
IN RE LEONE.--HEAVY FAILURE.

The bankrupt was described as b, merchant of Love-
lane, and to-day he came up to pass his examination and
for the order of discharge. The debts are £254,000,
with assets £160,000.; leaving a deficiency of £94,000.
His Honour ordered an adjournment for accounts, which
had been ordered to be produced on a previous occasion.

Do. 4 shares
%lid Kent

INO;th--gri British

Do. Ed., Pth ,7z Dun
Nth. Eastern - Berwick
Do. G.N*E purchase
Do. Leeds
Do. York
Do. Car .....
Po. Stock. & Darling.
De. 3855-:8
Do. do. 1860-01
North London ..
Do. New

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)

COACHING" AND "GRINDING" FOR SCHOLARSHIPS AT OXFORD,

M'SHANE V. MASON.

Do. do. 1864
North Staffordshire
N. & S. W. Junction
Scottish Cintral
•3cot. N. E , Aber. stoc]
ro. Scot, Mid. stick.
;h-ews & Welchpool.
Shropshire Union

This was an action to recover XI for two months' tuition
of defendant's son, plaintiff being a tutor of Barnsbury
House, Liverpool-road, and defendant being a doctor of
medicine, of 16, Redcross-street.
Plaintiff said that defendant's son was anxious to com-
pete for a scholarship at Oxford, and plaintiff coached him
with his mathematics for two months.

South Devon..
youth 1.1 stern

h3taines, Wok., & Wok
Taff
Do. C
Vale of Neath

His Honour thought that the charge was not at all high.
Defendant deposed that he did not owe the money. His
son was going to Oxford, and before he departed it became
necessary for him to go to some preparatory establishment.
Plaintiff recommended Mr. Rutter's, at Broxbourne, in
Essex, the terms being 30s. per week for board, lodging,
and tuition, and this money had been paid. Defendant
handed up a letter which had been written by the plaintiff
upon the subject.

(Waterford & Kilkenny'
West Cornw

W.Harilepool Har.&B.
Do. A irredeemable..
Do. A redeemable ..1

His Honour read it, and found that plaintiff had pointed
out to defendant that he was paying great attention to
young Mason, and that he hoped defendant would give him
a fee of £2 per month, in the event of James (the son)
getting a scholarship, as no one but plaintiff would
"grind" so attentively as plaintiff had done for the two
months during which the son had been at Rutter's.

His Honour—This puts you out of court,;l;intiff .
Plaintiff—Surely I am entitled to be paid my fee. I
should like to ask defendant a question. I can swear that
the a was only for board and lodging, and not for tuition
at all.

His Honour—l read your own letter, and I find from that
that you ask the fee as a matter that had not been previ-
ously agreed upon. You have been paid the a per month ?
Plaintiff—l have had nothing yet. The sou did not get
a scholarship. I paid very great attention to the son, and
if he had paid attention he would have been safe to have
got the scholarship. My coaching was worth £5OO to him.
His Honour—l do not think that too much coaching
would make the scholarship safe.

THAMES.

Defendant—l never promised the plaintiff that I would
pay him £2. My agreement was that my son should go
to Mr. Rutter's, and that £6 per month was to include
everything.

Plaintif—Then I shall put it to your Honour if it is
likely that a man can be coached and ground for £6 per
month.

His Honour—l have nothing to do with that. All I have
to do is to administer the law, and upon your own letter
you are out of court.
Plaintiff—But he never answered my letter.
Hfs Honour—He was not bound to do it.

Plaintiff—His sou promised that I should bo paid, and
that son is now in court.

His Honour—Well, you can call the son, and make him
your witness if you like.

James Mason (the son) said—l went to Mr. Rutter's, and
the agreement was that £6 per month should be paid for
everything. I never promised plaintiff that I would ask
my father for the money, nor did I tell plaintiff that my
father had told me he would pay the fee.
His Honour—Here is your own witness.

Plaintiff—l should like his last answer to be taken down,
as I can produce witnesses from Rutter's to prove that it is
untruo.

His Honour—Then you have your remedy. At present
you will be non-suited.
Plaintiff non-suited, with costs.

POLICE INTELLIGENCES—This Day.

MARLBOROUGH-STREET.

CHARGE OF CONSPIRING to SET FIRE TO A HOUSE.—
Herman Meyer, of No. 90, Queen-street, Cheapside, mer-
chant, and Wm. Noble, of No. 17, Forster-street, New
North-road, clerk, were charged before Mr. Knox with
conspiring together to set fire to the house No. 21, Frith-
street, Soho.

Mr. Montague Williams, instructed by Mr. Clarence
Harcourt, appeared for the prisoner, and Mr. Albert in-
terpreted.

Mr. Joseph Picom, of 21A, Frith-street, Soho, said—l
wanted some money, and wanted a bill of sale on my house,
and Meyer lent me £4O on Friday week, taking a bill of
sale on the house and furniture as security. After he lent
me the money he called me to his office and asked me to
sign a bill of sale for £550 on Tuesday week. I did sign
it, under threats. The threats were that if I did not
sign the bill he would seize my goods. When I
heard this I consented to sign the bill of sale
On the Tuesday following he proposed to set fire to the
house, saying,
" Mr. Joseph, it will be one of the best
things you did in your life if you set fire to your house,'
and as he threatened to seize my goods I accepted the pro-
posal, fearing the brokers would come into the house. The
same or the next day he advanced me £39 more. Ho did
this on account of my consenting that he should do as ho
pleased. It Was by consenting to his offer that he
advanced the money, and Meyer made me sign a bill
for £B7. This included the £4O and £3O. On
Saturday last he gave me pother £25, as I was
to make a bill of sale for £l2O. On Saturday Noble
and another man named Grey commenced bringing things
to the house. At first I did not know what they were, but
since found them candles, pitched or tarred wood, and two
bottles containing White liquid,
but I do not know whether
it was petroleum or not. On Monday they brought four
parcels containing 81bs of grease. On Saturday he saw
Noble bring a carpet-bag, but did not know what was in it.
Noble lodged in the room No. 6 since Saturday, and it was
in that room the articles were put, Noble keeping the key.
Mr. Knox—Up to this stage we have not heard that
Noble said anything to him.
Prosecutor—Noble did not speak to me, and if he had I
should not have been able to understand him. On the
Monday Noble and Gray told me that I should leave the
day following, and that as soon as I left they would set fire
to the house. On Tuesday Gray came, and we had a con-
versation. I said, " You shall not set fire to my house at
all." This was said to Gray, but Noble and a clerk of Mr•
Meyer's were present. Gray said, " You ought to have
informed us of this before. Now we have brought all
the necessary articles here. I said, " I allowed them to
because Mr. Meyer had threat-
enedoods, and I was afraid he
would." Gray then left the house, but Noble and the other
brbring
three the a
r tt
i
ic
th
man remained. Yesterday Meyer came, very angry, and
elesst?seeriezeonlmyy g
again said he would seize the goods, that he never in-
tended to set fire to the house, that it was all a lie, and he
then took Noble away with him. A discussion arose, and
in spite of three policemen he took Noble away with him,
Noble taking the key with him. I then went and made
my complaint to the police.
Mr. Knox—Did the pollee come to the house, and did
they findianything ?
Prosecutor—The police came and a locksmith was sent
for, but I did not go into the room.
Mr. Knox—l would like to know whether he saw with
his own eyes Noble bring anything to the house in the way
of combustibles or not.
Prosecutor—l did not.

HEALTH OF LONDON,

(From the Registrar-General's TVeekly Return.)

Knox—Ask him, Mr. Albert, if tho house was in-
because we have heard no motive for setting the
on fire.

Mr. Albert having asked the question, prosecutor said—
On the Tuesday before the house and contents were
insured for £l,OOO. I know it because Mr. Meyer told me
o, and Mr. Meyer's clerk accompanied me to the office—
the insurance office. It was in a street past Temple-bar,
No. 21. I had an old policy of the house with me, and said
I wanted to renew it.
Inspector Williamson—l believe it was the Norwich
Union Fire Insurance Office, 29, Fleet-street.
Prosecutor—They kept my old policy there.

By Mr. Montague Williams—We were insured before in
the same office, but did not remember the name. I have
been insured ever since. I had the house eight months ago.
The house was insured when I bought it, and I continued
the insurance. The clerk of Mr. Meyer had the old policy.
I left it at the office. I believe the clerk's name is Shaw.
The policy produced is not the policy the clerk took to the
office. There is another policy. There were two policies
in existence when I took the house—one on the house and
the other on the furniture. They were transferred to
Metteau. I have seen the policy produced before. I have
had £97 from Meyer in all. I only gave one bill of sale for
£558. I never had my papers in my house. They were

always with my solicitor. Why I gave a bill for more than
£97 was because of expenses. He read a paper to me tell-
ing me what he liked. I know that if Ido not pay the bill
of sale my goods can be seized. The bill of sale I signed
was not read over before I signed it. There was a lawyer
present, but I did not know his name nor the witnesses'
names. I was told to sign it, and did so. I believe two
witnesses were present. I did not see them sign their
names. I signed my own name, but I can't say w hat names
were on the paper. At first I did not wish to sign the bill,
but on Meyer saying, " Very well, very well, I'll seize the
goods," I did so. I did not at first wish to sign the bill.
[A paper was here handed to the prosecutor which he had
sent to Meyer, stating that he was in want of money.]
After the first £4O was advanced he made me sign the bill
for £550, as he would not, after the house was set on fire,
have got more than £l2O. The first proposal to set fire was
on the 30th, and in consequence of the proposition ho was
made to sign the bill of sale. They told me on the 28th
to make a claim for £550. I only signed one account be-
sides the bill of sale.
Mr. Montague Williams—We deny having any bill of
sale at all. We advanced the £l2O on the two discounts
produced.

Prosecutor—l did not want £550, as it was under the
threat that I should be sold up that I signed the bill of
sale. Gray has left the house and Ido not know where
to find him. Noble did not say anything to him. Before
Noble came Meyer made me sign a paper, giving Noble
authority to come to the place so as to give him time to
see better that he did not repent of his bargain to set
the house on fire. I know Shaw ; Ido not know Meyer
applied for a summons yesterday against me for threats.
I saw Meyer on Tuesday. I did not seize him by the throat,
nor demand £l5O more of him. I sent a man yesterday to
come to some arrangement about the £l2O. I did not tell
Shaw that I had got the combustible in the house, and that
if Meyer did not let me have £l5O I would bring a charge
against him, in proof of which I may state that
Shaw does not know French, and I do not know
English. When Meyer made the proposal about setting
fire, Gray and Shaw were present. I did not give anybody
into custody. I made my complaint, and they took who
they thought proper into custody. Ido not know whether
I mentioned Gray's name as I was so complexed.
Mary Callman, a widow, servant to Mr. Picom, said—
Ido not sleep in the house, being a daily servant. Yes-
terday morning, hearing Noble call, I went to his room, and
pointing to some candles hesaid "If you take them out Gray
will give you something." He then said the reason why
Gray would not take them himself was that Gray and the
master had had such a disturbance that they were going to
shoot each other. Noble then went to a black bag, and took
out a bottle, having unlocked the bag. He put the bottle
into my pocket, saying that my apron would cover it. He
amid I was to leave it somewhere, and that Meyer would be
sure and give me something for it. I then fetched him a
Telegraph, and left the bottle at a shop in Frith-street, and
on my return my master and Mr. Meyer were quarreling in
the passage, and Mr. Noble said if I would go and remove
the black bag he was sure it would bo a£lor £2 to me. I

told him that I would have nothing to do with it ; that I
did not know what it meant, and that I was trusted within
the ',house. He then told me to take up a slop pail and
remove a tin can I should find there. I said I would not
do so.

By Mr. Knox—l saw the black bag yesterday morning
for the first time. I went afterwards to see what the bottle
contained, and found it to be paraffin oil. I gave it to
Sergeant Druscovitch yesterday, about twelve o'clock, in
my mother's passage.

[the case was proceeding when we went to press.]

STEALING TEA IN THE LONDON DOCK.—James White, a
carman, was charged with stealing a pound of tea in the
London Dock.

The prisoner was in care of a van drawn by two horses,
yesterday afternoon, in the London Dock. He received a
load of tea at a warehouse, and on his way to the gate with
his team he stopped and put some clean straw in his horses'
nosebag. Other movements of the prisoner attracted the
attention of a constable, named Edward Ellis, who stopped
the prisoner on reaching tho western gate in Upper East
Smithfield, and found under the straw in his nosebag a
pound of clean and good tea. The prisoner said that the
tea was a " shaking" out of cases which constituted a
former load of teas he had taken from the London Dock
to a warehouse in the City. He now set up the same de-
fence, and said he took the tea he was charged with stealing
into the dock, and was bringing it out again when he was
arrested.

Ellis produced a sample of tea taken out of a chest which
had been broken open and plundered in the dock.
Mr. Eldridge, belonging to the establishment in which
the prisoner is employed, said the tea in the nosebag was
not sweepings, but good clean tea, exactly similar to that
in the case which had been plundered.
The prisoner implored the mercy of the Court. He raised
the stale cry of a wife and large family in palliation of his
offence, and said ho should lose his situation if he was
convicted.

Mr. Paget—l know you will and ought to lose it. You
are a dishonest man. I sentence you to be imprisoned for
one month, and kept to hard labour, for tho unlawful pos-
sesion of the tea.

THE MURDERER'S DAUGHTER AND HER PARAMOUR.—
Roger Scanhtn, an Irishman, aged 53, and formerly a sea-
man's boarding-house keeper, in good circumstances, but
now reduced to poverty by dissipation and strong drinks,
and Mary Sophia Mullins, 30, daughter of an Irishman
named Mullins, who was hanged in front of Newgate four
years ago for the murder and robbery of an old widow
lady named Elmsley, were brought up on a charge of be-
ing drunk, disorderly, and annoying Mr. Thomas Crafford,
a refreshment-house keeper, of No. 20, King-street, Tower-
hill.

The prisoners have been frequently in this court, and
are a most disgraceful couple. The woman Mullins, whose
extraordinary likeness to her late father was noticed by
many in the court, is a person of notoriously bad charac-
ter, and has been living in a state of concubinage with
Scanlan for some time past. lie preferred a charge against
his daughter, a Mrs. Murphy, a few days ago, for stealing
silver spoons, which he had given to her on the day of her
marriage. Mr. Paget dismissed the charge with.indigna-
tion, and said Scanlan ought to be prosecuted. Mr. Charles
Young, solicitor for Mrs. Murphy, said that he would cer-
tainly bring an action against her father if he was worth
powder and shot. _ _ - -

Payne, a police constable, No. 94 11, said that Mr.
Crafford, in whose refreshment house the prisoners had
misconducted themselves, was not in attendance.
The prisoners were discharged and hastly left the court.
Mr. Crafford arrived a few minutes afterwards, and was
♦ery much annoyed on hearing the prisoners were at liberty.
He said they had committed a serious outrage in his house,
and he had been a great sufferer by them.

The mortality of the week ending Saturday last is higher
than it was in the ten cities of the kingdom. The births
were 4,196 ; the deaths were 3,557 in the week; and the
average rate of mortality was 34 per 1,000.
The rate was 31 in London, 33 in Edinburgh, and 37 in
Dublin, 42 in Liverpool, 35 in Manchester, 31 in Salford,
30 in Birmingham, 38 in Leeds, 30 in Bristol, 44 in Glasgow.
A highrate of mortality consequent on the late inclement
weather prevails in London. In the week that ended on
Saturday last the deaths of 1773 persons were registered ;
in the previous week the number was 1747. In the corres-
ponding weeks of 10 years, 1855-64, the average numbei of
deaths is, with a correction for increase of population, 1530.
The deaths in the present return, therefore, exceed by 243
the estimated number.

Three hundred and seventy deaths occurred last week
from zymotic diseases, the corrected average number being
324. Typhus was fatal to 95 persons, a number consider-
ably above the average, which is 52. Whooping cough
destroyed the lives of 86 children ; 6 of these cases were
registered in the sub-district of St. Paul, St. George's-in-
the-East, and 4 in that of St. George-the-Martyr, Holborn.
Sixteen deaths occurred from small-pox, 28 from measles,
46 from scarlatina, and 5 from diphtheria.

Five hundred persons died from diseases of tho respira-
tory organs (exclusive of phthisis), the corrected average
number being 381. Bronchitis proved fatal to 339 persons,
of whom 163 were above sixty years of ago. One hundred
and two deaths occurred from pneumonia, 180 from phthisis,
78 from disease of the heait, and 178 from diseases of the
brain and nervous system.

Thirty-two deaths were caused by accidents. Eleven
persons died from fractures or contusions, 10 from burns
or sbalds, and 7 from suffocation. Four persons committed
suicide. A needlewoman, aged 37 years, died on the
30th January, at 15A, Skidmore-street, Mile-end, from
suffocation produced by food entering the windpipe. A
tobacconist, aged 55 years, was found dead on the 17th
January, at 11, Braithwaite-place, Kensington, from pneu-
monia, accelerated by his denying himself the necessaries
of life. A dock labourer, aged 56 years, died on the
24th January, in the Rhodeswell-road, Stepney, from ex-
posure to cold. Two persons were killed by vehicles in the
streets.

The deaths of seven nonagenarians were recorded; the
eldest was a men who had attained the age of 97 years.
Last week the births of 1,175 boys and 1,102 girls, in all
2,277 children, were registered in London. In the 10 cor-
responding weeks of the years 1855-6 the average number
(corrected) was 2,115.

At the Royal Observatory, Greenwich, the mean height
of the barometer in the week was 29.144 in. The barome-
trical reading was 29.85 in. at the beginning of the week,
and decreased to 28.75 in. on Wednesday. The mean tem-
perature of the air in the week was 39.3 deg., which is 1.3
deg. above the average of the same week in 50 years (as
determined by Mr. Glaisher). The highest day temperature
was 52.1 deg. on Thursday. The lowest night temperature
was 19.9 deg. on Sunday. The entire range of temperature
in the week was therefore 32.2 deg. The mean of the
highest temperatures of the water of the Thames was
36.4 deg. ; that of the lowest was 34.8 deg. The differ-
encer between the mean dew-point temperature
humidity
iat
temperature was 2.5 deg. The mean degree of h
of the air was 91, complete saturation being_ represented
by by 100. Rain fell to the amount of 0.43 in., which
whield blew'
valent to a fall of 44 tons of rain per acres.
rain-fall ranged in the
chiefly from S.W. and S,S.E.
10 cities from 30 tons per acre lin'heEradlin-burgh to 215 tons
per acre in Glasgow.