The Sun.
London, England, 1865-01-24 00:00:00

LAW INTELLIGENCE—(This Day)•

much for the defendant's sake as for the complainant's, as
he would be murdering her or something of that kind. .

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
GAYNOR V. GAYNOR.-JUDGMENT.

WESTMINSTER.

EXTENSIVE ROBBERIES OF SIOPREEPERS BY SERVANTS.
—Henry Wakeling, a man in the employment of Mr. Wel-
ham Cornell, of 3, Warwick-street, Pimlico, and 157,
Edgware-road, cheesemonger, &c., was placed at the bar
charged with robbing hiomaster.
Mr. Cornell said—This man has been in my service at my
shop in the Edgware-road, where I had occasion a short
time ago to prosecute a man for robbing me. I enter-
tained very little doubt at the time that the prisoner at the
bar was concerned in that robbery, and in order to have
him more closely under my own observation, I removed
him from the Edgware-road to the shop in Warwick-street.
Prisoner was " window-man," and had no business what-
ever behind the counter. On Saturday he was seen
there with his hand in the till, but, as I could not prove
anything then, it was no use charging him. Between
three and four yesterday afternoon I sent him down to
dinner, and while he was gone I marked some shillings and
sixpences. I then called him up, and having taken my
station in the counting-house, where I was unseen, but
could command a perfect view of the shop, I watched the
prisoner. After a short time he came behind the counter
under pretence of putting some waste paper into a drawer
by the till, and I distinctly saw him put his hand in the till
and take out some silver. I immediately quitted the
counting-house as he left the till, and we met in the middle
of the shop. His hand was still closed and I seized it,
saying, "I have caught you at last; open your hand," and
I took the ss. 6d. I now produce from his hand. It is all
marked.

His Lordship in delivering judgment in this case, said
that this was an application on behalf of the petitioner re-
specting a policy of life assurance settled on his wife, the
respondent, at the time of the marriage, and the object was
to revoke the settlement.

Por the respondent it was contended that she was desti-
tute, and that under the circumstances the petitioner was
bound to make her some provision. He had read over his
notes of the case, and it appeared that the respondent was
living with another man in Italy, by whom she had two
children, and she had made no affidavit that she was desti-
tute. He did not accede to the doctrine that the husband
was bound to prove that his wife was without provision
before he obtained his order.

The application of the petitioner was accordingly

granted.

COURT OF BANKRUPTCY.
(Before Mr. Registrar Winslow.)
IN RE ARTHUR ROOK WILBRAHAM.

This bankrupt was described as an ensign, of Brook-
street, formerly in the Coldstream Guards. This was an
application for order of discharge upon account, showing—
Debtor to creditors unsecured, £7,093 19s. 6d. ; ditto hold-
ing security, £3,313 6s. Bd. ; total, £10,407 6s. 2d. Credit,
by property in hands of creditors, £4,450 ; debts, £35 3s. ;
deficiency, £5,922 3s. 2d. ; total, £10,407 6s. 2d. The per-
sonal expenditure has been stated at £2,695 for the past
year, and £2,000 per annum for the years previously, and
it will be remembered that a short time ago criminal pro-
ceedings were instituted against him by a jeweller at the
West-end.

A policeman proved taking the prisoner to the station.
Mr. Cornell—l hope your worship will punish this man
severely. He has been robbing me for a long time. Trades-
men in our business are liable to be very much plundered
by our men.

Prisoner was remanded.

Mr. C. E. Lewis, for the assignees, said that the accounts
required some amendment, as Mr. Emmanuel, who had
been described as a creditor for £3,500, had been settled
with. Mr. Hancock's claim of £l,lOO had also been dis-
charged, and thus the unsecured creditors had been reduced
to £2,200. Many of the other creditors were money lenders,
and the rest were satisfied that their claimg would be dis-
charged eventually, as a near relative of the bankrupt had
pledged himself to it.

His Honour asked how the personal expenditure could
be justified.

Mr. Sargood (for the bankrupt) said his client, who was
only 22, had anticipated being married.
His Honour did not consider the pledge to pay the
tradesmen by the bankrupt's father sufficient, and as there
was no security offered, the order of discharge would be
suspended for one year with protection.

POLICE INTELLIGENCE.—This Day.

BOW-STREET.

A FEMALE BURGLAR.—EIIen Smith, a dissipated-look-
ing yGung woman, was placed at the bar, on remand,
charged with stealing a travelling-rug from a gentleman's
carriage. The prisoner refused to say anything in reference
to the charge, and the magistrate fully committed her for
trial.

Another charge, that of burglary, was preferred against
the prisoner, namely, that of stealing a large quantity of
wearing apparel from 'a charitable institution of which she
had been an inmate. _ _

Mrs. Sarah Musgrave, of 48, Church-street, Stoke New-
ington, said the prisoner was an inmate of the Home for the
Rescue of Young Women and Children, which place she
left on the 3d of January, having been there 12 days. On
the Thursday following the back door of the house was
found opened. There were no marks of violence, but from
the fact of some traces being found under a table near the
kitchen window it appeared that the house had been entered
by that means, and that the parties had left by the back
door. Some footmarks were traced, through the passage
to the laundry. The footprints were those of a woman,
and, from the peculiar shape of the prisoner's foot, she was
suspected. The large bundle of linen wearing apparel
produced formed a portion of the property that was stolen
from the laundry on the occasion of the robbery.
A police-constable proved the finding of a large quan-

tity of the property at the prisoner's lodgings, and also re-
ceiving a number of duplicates relating to the stolen pro-
perty, which the prisoner had entrusted to various persons.
Barbara Hatchell, the wife of a labouring man, said the
prisoner came to her apartnlents and asked her to pawn
several articles. The prisoner introduced herself as a ser-
vant out of place, and the witness further said—" She
looked like one, as she wore a nice white apron, and was
quite the thing."
Another female gave similar evidence.

A gentleman from the society said the prisoner had been
sent with an application for admission to.the Home by Mr.
Rowe, of the Guildhall Police-court. She had just come
out of prison, to which she had been sent for concealing
the birth of a child. She was taken in purely out of
charity.

The prisoner, having been cautioned, was asked what
she had to say, and making no reply,
The Magistrate committed her for trial.

MARLBOROUGH-STREET.

MURDEROUS ASSAULT ON A MOTHER.—William Fitz-
gerald, a young man described as a tailor, was charged
before Mr. Tyrwhitt with violently assaulting his mother,
Hannah Fitzgerald, by striking her on the head with a
pan. He was also charged with assaulting his father and
brother.

The prisoner was brought before Mr. Tyrwhitt about a
fortnight ago, but in consequence of the injuries his mother
had received she was unable to attend. She now attended
and gave her evidence seated. Her head was enveloped in
surgical bandages. She said—l reside in Tudor-place,
Tottenham-court-road. The prisoner is my son, but does
not reside with me. This day fortnight, at two o'clock in
the morning, the prisoner came to my place, having quar-
relled with his wife. He was very excited, and jumped
out of a second floor window. He was then taken to the
hospital. 1 came back to see the doctor, who gave him
some medicine, and told me to watch him. He laid on the
bed and became quiet, but cried a good deal, and was under
the delusion that he was to be buried alive, and that the
coffin was at the door, and he asked me to pray for him.
About 6 o'clock he said he would go down stairs and get
some water, but fearing he might do some mischief, I said
I would go. I then sat by the room door on a chair with
the view of preventing him from going. I fell asleep. I
then felt a violent blow on my head from a pan, I believe,
and fell. I received another blow on my shoulder. Ido
not know who gave me the blows, as I had a cloak over my
head at the time. A cab was brought to take me to the
hospital, but feeling very faint and sinking, and thinking I
was dying, I asked them to let me die at home. I have been
at home ever since and attended by the parish doctor.
Mr. Tyrwhitt—Did he ever quarrel with you before ?
Prosecutrix—Oh, no. He has always been very respect-

ful to me, sir.
Prisoner—There has not been a more dutiful son than I
have been. I've no recollection of striking my mother. I
had been drinking hard, and must have got the delirium
tremens.

Patrick Fitzgerald, father of the prisoner, said—l was
awoke by hearing a blow and my wife moaning. The pri-
soner had a poker in his hand, and said " I won't hurt you,
father," but directly after grasped me tightly by the throat
and nearly strangled me—

Mr. Tyrwhitt—Had he been drinking ?
The Father—l believe so, but I had not seen him since
the previous Tuesday. He jumped out of a window a
second time on to some water closets, and then got on the
top of the houseS, but was afterwards taken by the police.
Rogers, 87 E—On going to the house I found the mother,
father, and brother.all bleeding from injuries caused by the
prisoner, who was given into custody by the father.
Prisoner (crying)—lt was the delirium tremens.
Mr. Tyrwhitt—The prisoner had been drinking, and the
effect of it is that he commits a series of assaults on his
mother, father, and brother. He must find one bail in £lO
to keep the peace for six months.
A CASE FOR THE DIVORCE COURT.—THREATENING TO
MURDER A WlFE.—Oliver Kerby, clerk, of No. 24, Dean-
street, Soho, was brought before Mr. Tyrwhitt by Davey,
one of the warrant officers, charged with threatening to
murder his wife, Isabella Kerby.
Mr. Edward Dillon Lewis, of Great Marlborough-street,
appeared for the complainant, a respectable looking female,
and in opening the case said the defendant, formerly super-
intendent of the Essex police, had frequently been charged
with ill-treating his wife. On Saturday morning last the
complainant begged the defendant not to sell the last article
of any value in the place—the bed—and the defendant then
declared that if it were not for the law he would murder
her. He (Mr. Lewis) applied to Mr. Knox for a summons
against the defendant, but Mr. Knox, knowing the cha-
racter of the defendant, thought it a fit case for a warrant.
The defendant in April last was charged at this court with
assaulting his wife, and was ordered to find two sureties in
£lOO each for six months ; but his wife, after he had been
in prison for two months, forgave him and got him out. As
the wife's kindness had been met with such an ill return,
he (Mr. Lewis) must now ask that the defendant be put
under such bail as would have the effect of preventing his
repeating his acts.
Mrs. Kerby then deposed to the defendant's ill-treatment
and his threats, and said that she was in the habit of
working for shops in Regent-street, and kept the defendant,
who had lost good situations through his intemperate habits,
She had once charged the defendant with assaulting her,
and he was ordered to find bail, but at her request Mr.
Knox let him off..

The defendant said his mother, a woman of fortune,
helped to keep him, and that his wife was always exciting
him to commit a breach of the peace:

--------
The complainant denied this, and said she had to leave
42 residences through the defendant's conduct.
The defendant said if his wife wanted a separation she
could have a legal one.
Mr. Tyrwhitt said it was a pity a man should throw
himself and his home away through his bad habits. Ho
considered the complainant had been very badly used, and
he should order the defendant to find two sureties in £3O
each to keep the peace for six months, and he did that) as

THE SUI, LONDON, TUESDAY EVENING, JANUARY 24, 1865