The Sun.
London, England, 1865-09-20 00:00:00

FRE SUN, Lc)AzoN, WEDNESDAY EVEMNG, SEPTEiMBER 20, .18H

LAW INTELLIGENbE—This Day

COURT GF BANKRUPTCY.
(Before ?Ir. Registrar Hazlitt.)
lii RE SIR ROBERT NICHOLSON, BART.

Mr. Registrtir Hazlitt attended at Whitecross-street this
morning, and Sir R. Nicholson, who is now a prisoner for
debt, applied to be adjudicated a bankrupt, and released
from custody. The case has been frequently noticed, and
Mr. Brough now opposed the order of release on the ground
that the facts had been all before a learned commissioner,
who had declined to interfere. The learned counsel did
not, however, object to the adjudication being made. The
registrar made the adjudication, but declined to order the
release, and the baronet remains in custody.
(Before Mr. Registrar Murray.)
IN RE J. J. HULTER.

. .
This bankrupt was described as a merchant, of Argyle
Lodge, Tulso Hill, and to-day he came up for the first
meeting. The causes of the failure are losses on produce,
and in consequence of the suspension of payment of the
General Credit Company of Spain, in behalf of which com-
pany bankrupt had accepted bills. The liabilities are
£30,000, chiefly duo to creditors abroad.

POLICE INTELLIGENCE.—This Day,

MARLBOROUGH-STREET.

A woman named Elizabeth Morris, who said she resided
in Drury-lane, and described herself as a seller of flowers,
was charged with damaging the coat of a gentleman named
Marshall, by throwing paste on it.
Mr. Marshall was walking along Regent-street when the
woman stepped up to him and told him that there was some
paste on his coat, volunteering at the same time to rub it
off, which apparently disinterested service Mr. Marshall
accepted, and afterwards rewarded the woman for her
trouble. Not feeling quite satisfied, the more especially as
the woman had been particularly energetic while rubbing
the coat near the pocket, Mr. Marshall determined to watch
her, and shortly after saw her step up to and accost another
gentleman. On her leaving the gentleman, Mr. Marshall
went up to him, and told him that the woman had similarly
accosted him, and said that there was some paste on his
coat, immediately setting to to remove it, and that having
done so he had given her a gratuity. Both gentlemen,
then, finding that she had practised an artful fraud upon
them, watched her, and seeing her go up to some ladies
upon whom she was about to perform what may be called
the "paste trick," they gave her into custody.
Mr. Marshall (whose chief object in giving the woman
into custody was to make the matter public, with the view
of preventing others being treated similarly) unfortunately
not being able to attend, the woman was discharged.

CRIMINAL CQURTS—This Da;

OLD COURT.
(Before Mr. Justice• Shee.)
TIIE MURDER OF MAJOR DE WERE.

John Currie, 19, soldier, was indicted for the wilful mur-
der of Francis Horatio De Vere, an officer in the Royal
Engineers.

The prisoner, who was defended by Mr. Sleigh, pleaded
not guilty.

The Solicitor-General appeared for the prosecution, and
stated the case against the prisoner. The evidence in this
case has already been reported at great length in The Sun.
ft will be recollected that ;the prisoner was a private in
Royal Engineers, and the unfortunate gentleman was
tu officer in the same corps. On the 11th of August
last Major Do Vera was in front of the troops on
parade in front of the barracks at Brompton, near
Chatham, and very shortly after a report of a rifle
was heard to proceed from house K, and the next
moment ,Major De Vere fell, mortally wounded, into the
arms of a brother officer standing near him at the time.
The rifle was discovered to have been fired from an upper
window in the barracks, and when the room was entered
the prisoner was found, and when he was asked if he had
just discharged his rifle, he said "Yes." He was told that
Nfajor De Vera had been shot, and that he was charged
with committing the act, when he replied, " All right." He
was then taken into custody, and examined before the magis-
trates at Chatham, and from time to time remanded until
the death of Major De Vera took place. Constable Everst,
from time to time, reported the state of the unfortunate gen-
tleman to the prisoner, and when he was told that his com-
manding officer was dead, and that he would in conse-
quence be charged with wilful murder, the prisoner, on
hearing this, replied, "I did it. I think I did right, and I
gloried in it. The major was a thief, a rogue, and a
tyrant."
The evidence having been heard,

Mr. Sleigh addressed the jury for the prisoner. He said
it would ill become him to impress on the jury the immense
importance of the issue of the trial of the prisoner, but he
felt that before he concluded his observations he should
show that at the time the prisoner committed the act he
was an irresponsible agent, as he was at the time labour-
ing under temporary insanity. Many of the jury, he felt
perfectly satisfied, amongst their circle of acquaintances,
inust have observed many peculiar acts done without
the slightest reason.' The whole conduct of
the prisoner, according 'to his view of the case,
showed clearly that he was labouring under a
sudden attack of madness, and that during that period he
lid the act which unhappily resulted in the death of his
commanding officer. Having selected several instances to
illustrate the theory of sudden insanity, he said there was
one which unfortunately was too well known to require
my observations. It was that of the lamented death of Anmi-
cal Fitzroy, who suddenly became afflicted with mental deli-
rium, and in that condition he put an end to his existence,
to the great loss of his country, which had so much bene-
fited by his great learning and attainments. He did not
think there was a single person in court who would have ex-
pected that that accomplished gentleman would have com-
mitted self-destruction, but that event had unfortunately for
science occurred, and he could not but think that was a fact
which illustrated most conclusively the view he had taken of
the prisoner. The proposition that he intended to submit to
the jury was, that if the prisoner did the act under an un-
controlled morbid impulse, which his mental condition at
the time did not enable him to control, he ought to be re-
tarded as an irresponsible agent. This proposition the
learned gentleman, in a lengthened and eloquent speech,
urged upon the attention of the jury, and concluded his
Jbservations by saying that if the jury thought the pri-
soner at the bar was guilty of a foul, deliberate, and un-
provoked murder, it would be needless to invoke mercy.
Ile did not appeal to their passions, but he relied
on their calm and dispassionate judgment, and
in that judgment he had an abiding faith. Tho
result of their decision, if favourable to the prisoner, would
cot have the effect of setting him at liberty, but it would
cause him to be placed in a place of safety for the remainder
I his life, where he would be prevented from continuing
Lets dangerous to himself or any other person. If they
thought the wretched man at the bar committed this
dreadful deed, bereft for the moment of the reason his God
had given him, they would throw around him the mantle
of their protection.

The Solicitor-General rose to reply to the observations
of Mr. Sleigh, but that gentleman objected to his right to
do so.

The learned judge, however, intimated that the Solici-
tor-General had a right to reply if he thought proper to do

The Solicitor-General said he was induced to rise by
reason of certain observations of his learned friend, which
ho thought dangerous to the administration of justice and
to every member of society. The learned counsel wished
:t to appear that the priioner was an irresponsible agent ;
but where was his evidence ? lie produced none ; and
although he had cited the opinion of certain mad
doctors, yet juries had, in many instances, differed
from the views taken by those persons. He could not
come to the conclusion that the prisoner committed the act
under what the learned gentleman was pleased to call
homicidal impulse or . monomania ; and he thought the
effort made that day by the :earned gentleman was one of
the boldest attempts that had ever been made in that court
to set up a defence of insanity on the part of the accused,
lie could only come to the conclusion that theprisoner was
actuated by motives of revenge, and revenge was revenge
after all, call it by whatever term they please. It was
idle to talk about reason dethroned, intellect ba-
nished, and that kind of thing. In the case of
the prisoner was there one circumstance that could
lead them to such a 'conclusion ? He felt there was
not. Was there any delusion apparent when the pri-
soner said he had taken aim at the middle of the
major's back, and that it was a good shot. The remark
was made with the greatest coolness and deliberation, added
to which the observations that prisoner made at the same
time about the death of bic mother, and the expression of
his regret that his act (the shooting of Major De Yore)
would break his poor old father's heart, all showed most
conclusively, he thought, that the prisoner was as sane when
the shot was fired as any man in court. He should not have
troubled the jury with these latter observations, but from
the circumstance that he thought the remarks which the
learned counsel had addressed to the jury in his character
of advocate for the prisoner imperilled the administration
of justice and the safety of society.
Mr. Justice Shee having informed the jury upon the
various circumstances that would amount to the crime of
wilful murder, summed up the evidence, at the termination
of which

The Clerk of Arraigns told the jury to consider their
verdict, but after consulting for about a minute or so, the
foreman informed the Court they wished to retire, and they
accordingly left the court. The feeling in court appeared
to be that Mr. Sleigh's eloquent address had made an im-
pression on some of the jury, but the matter was soon set at
rest, for in less than 10 minutes the jury returned into
their box.

guilty The Cr
noter
tan
ak
eoagannut of
death
tot:hyr eau
jsofArraigns—DolbeingtWilfulysilence
After their names had been called over, the clerk of the
arraigns asked
oarsekmedanw, hinetrheeprityh, esyaihda—dmrcoenhsaidveer.ed their verdict.
find John Currie
havingpassed, murder yr
been made while the
senrTtrehoneeclFeamoorf:
Mr. Justice Shee said—John Currie you have been found
guilty, upon evidence which can leave no doubt on the
mind of any reasonable man who has heard your trial, of
the crime of wilful murder; and it becomes my duty to pass
upon you the solemn sentence of the law. lam not bound
to do more than that, but I cannot refrain from doing
that which every Christian man owes to his fellow man
when placed in the position in which you stand, namely, to
offer the best and most useful advice that can possibly be
given. With that feeling, and that feeling only, I must
tell you that you must not delude yourself with any hope
of mercy here on earth, as you will surely have to expiate
your crime, at least so far as you can do so on earth, by a
death on the scaffold. I beg of you to devote the time
that is still left you to endeavour, by prayer and
repentance, to make your peace with God. From
man you cannot hope for mercy ; but I earnestly
beseech you to pray with your whole heart that you
may obtain mercy from Almighty God, whose forgive-
ness you must hope to obtain to save your ,immortal
soul. It now only remains for me to pass the sentence of
the law upon you, which is that you be taken from hence,
and delivered into the hands of the sheriff, and conveyed
to the county of Kent, and from thence you be taken to a
place of execution, and there hanged by the r.eck until
you are dead, and that your body be afterwards buried
within the precints of the gaol, in which you were last
confined, and may the Lord God Almighty of his infinite
goodness have mercy upon your soul.
The learned Judge delivered the dread sentence of the
law in the most solemn and impressive manner, yet at its
conclusion, althought Mr. Justice Shee appeared overcome
with emotion, the prisoner coolly turned round upon his
heel in military style, and with a careless kind of inclina-
tion of the head, descended the stairs which leads from the
dock to the cells in Newgate with the greatest composure
and indifference.

The execution of Currie will, we believe, take place on
Chatham lines.

CHILD DROPPING • EXTRA° R DIN A RY.—Yesterday
morning information was received by the police that
a male child had been dropped in the passage of the house
customer who had occasion to
'mer
Pore-street, Cripplegate.
T
enter one of the private boxes. It is very decently clad,
of
h e M
childr Ru
wasssel found by,
a cu
and a paper was pinned to its breast, on which was writ-
ten "Tom Hume." Information was also received that
another infant, a female, about one month old, had been
dropped at the entrance to Rowland Hill's Chapel, at the
corner of Charlotte-street, Blackfriars-road. The child is
clad very well, and, as in the foriner case, a paper bearing
the following inscription was fastened to its dress :—"This
Is Mary Anne Talboth: take great care of this child." A
third child, about six weeks old, was sent, packed in a
hamper, to Mr.Lascolin, shoemaker, Central-square, by two
women, who met a youth in the Areet, and gave him ls.
to take it there. The child (a male) was alive when the
hamper was opened, and began to cry lustily. Large re-
wards are offered for the apprehension of the unnatural
mothers,

MAPITITI E This Bay

to were the Penians 7

Irish . tradition says that the Fenians were an
ancient militia or standing army employed only on
home service for protecting the coasts from invasion.
Each of the four provinces, says the tradition, had
its band; that of Leinster, to which Fionn and his
family belonged, being called the Clanna Baoisgne.
This militia is said to have been paid by the King,
billeted on the people in the winter, but to have
lived in summer by the chase. And these are inm-
gilled to have been the qualifications of a Fenian—
" Every soldier was required to swear, that without
regard to her fortune, he would choose a wife for
her virtue, her courtesy, and her good manners ;
that he would never offer violence to a woman ;
that as far as he could he would relieve the poor,
and that he would not refuse to fight nine men of
any other nation. No person could be received into
the service unless his father and mother, and all his
relatives, gave security that none of them should
revenge his death upon the person who might slay
him, but that they would leave the matter to his
fellow soldiers. The youth himself must be well
acquainted with the 12 books of poetry, and be
able to compose verses. lie must be a perfect
master of defence ; to prove this he was placed in
a field of sedge reaching up to his knees, having m
his hands a target and a hazel stick as long as a
man's arm, Nine experienced soldiers, from a dis-
tance of nine ridges of land, were to hurl their spears
at him at once ; if he was unhurt he was admitted,
but if wounded he was sent off with a reproach. He
must also run well anddefend himself when in fight;
to try his activity he was made to run through a
wood, having a start of a tree's breadth, the Fenians
pursuing him ; if he was overtaken or wounded in
the wood he was refused, as too sluggish and unskil-
ful to fight with honour among such valiant troops;
Also, he must have a strong arm and be able to hold
his weapon steadily. Also, when he ran through a
a wood in chase his hair should not come untied; if
it did he was rejected. He must be so swift and
light of foot as not to break a rotten stick by st?aid-
ing on it: able also to leap over a tree as high as his
forehead, and to stoop under a tre'a that was lower
than his knees. Without stooping or lessening his
speed, he must be eole to draw a thorn out of his
foot. Finally, he must take an oath of fidelity." The
Rev. G. Keating, who wrote a History of Erin in the
year 1630, gravely says, " So long as these terms of
admission were exactly insisted upon, the militia of
Ireland were an invincible defence to their country,
and a terror to rebels at home and enemies abroad."
Gull i\FMorna had slain Fioan's father, Cumhaill,
in battle; and was Florin's :aortal enemy in early life.
Afterwards he made a peace with him, and fought
under him as chieftain of the Connaught Fenians.
But the supremacy of the Clanna Baoisgne led to
feuds, and at last Fionn and his clan, defying the
throne itself, were attacked by all the forces of Erin
except those of the King of Munster, who took part
with him, and suffered carnage in that battle of
Gabhra, wherein Oisin's son Oscar and the King
Cairbre fell by each other's bands. Fionn, who was
absent, arrived only in time to close his grandson's
eyes, and after this defeat peace had no sweets for
him and war no triumphs. Fiona died at last, it is
said, by the lance of an assassin. It is noticeable,
however, that the Fenians were not confined to Erin.
In the ancient poem on the battle of Gabhra we read
of " the bands of the Fians of Alban" (Alban being
the old name of Scotland north of the Frith of Forth
and Clyde), " and the Supreme King of Breatan
(Breatan being southern Scotland, of which Dun-
breaton, now Dunbarton, was the chief seat), be-
longing to the Order of the Foinne of Alban ;" and
also that " the Fians of Lochlan were powerful."
Now, Lochlan was an ancient name for Germany
north of the Rhine ; but when the Norwegians and
Danish pirates appeared in the ninth century,
they were called Lochlanaels, and the name of
Lochlan was transferred to Norway and Denmark.
it has been argued from this that the Fenians were
not a militia of Gaels, but that they were a distinct
Celtic race, connected with the only two races who
are spoken of as having come in oldest time from
Lochlan, namely, the Tuatha do Danann and the
Cruithne. These are thought to have been some of
the Celts who preceded the Germanic people now
occupying the North German shore and Scandinavia.
Morley's Writers before Chaucer.

the Total Loss of the Fusilier—Shocking

Mortality,

The following official communication has been
received at the Board of Trade from his Excellency
the Lieutenant-Governor of Natal on the shocking
mortality on board the British ship Fusilier (one of
the Liverpool Black Ball line of packets), and her
subsequent total loss on the Bluff Rocks :
The ship Fusilier, 1,088 tons register, commanded by
Capt. Carvosso, left Calcutta on the 15th March, 1865, with
coolies, for Demerara. She had 491 souls on board. The
surgeon superintendent reporto that cholera broke out among
the coolies at starting, and 15 deaths occurred within the
first fortnight, after which the disease disappeared. Fever
also appeared at starting of a mild intermittent type. This,
after about a fortnight assumed the bilious remittent typo.
About the fifth week the disease had become more severe.
ft kept gradually increasing until shortly before arriving
at this port there were over 90 cases under daily treatment,
chiefly fever. The deaths appear to have increased from
one during the second week from fever to 34 during
the tenth week frcm all causes. When in the latitude of
Natal the captain decided to stand in for this port. At that
time ho had lost 130 coolies, and had over 100 sick. He
himself, his chief officer, and two of the crew were also laid
up. Finding the medicines and medical comforts short the
doctor advised the captain to come to this port for supplies.
The Fusilier came to anchor in the outer roadstead of Port
Natal on May 23. On the 25th she parted her cable. The
effort to bring up with the second anchor and to put to sea
failed, and she became a total wreck on the rocks of this
bluff.

It appears from the evidence generally that the ship was
brought up in a seamanlike manner, anchored in a proper
berth, well out in 11 fathoms water, with 90 fathoms of
the port chain out, which is considered a good scope of
chain. Tho second or starboard anchor was clear, the
cable on deck and ready to let go, the topgallant and royal
yards were sent down, and the ship made snug The
circumstances attendant on the wreck appear briefly to
have been these :—The port chain parted about half-past
six on the evening of the 25th of May. It was dark at the
time. The starboard anchor was let go, but, after six
or eight fathoms of chain had run out, the bight of the
chain flew over the norman (this is an iron bar that goes
through the windlass to keep the chain clear when run
ning out), which jammed the chain. The captain
immediately saw that it would take too long to clear it,
set sail more round, and endeavoured to clear the bluff.
The ship then headed two points clear of the bluff, which
was visible ; but when abreast of the bluff the water
shoaled, and the anchor took the ground. This
brought the ship's head to the wind. More chain ran out,
for by this time the chain was clear. After the anchor
took the ground they began to. clew up sails. However,
the ship dragged inshore, and in a few minutes was on
the rocks broadside on, with her head to the north, rolling
and striking heavily. The masts were cut away, which
eased her considerably ; but it was soon found that she
had bilged, that the lower hold was full of water, and the
leeside between decks. The coolies, were got on deck,
were placed on the weather side and on the poop, covered
with sails. In the morning at first daylight aid was
given from the shore, and the coolies were rescued by
the ship's boats, boats sent from the shipping in the har-
bour, a shore boat in charge of one of the pilots, and the
port steam-tug, which brought in the greater number,
together with the crew. They were placed in the
lazaretto on the bluff side of the harbour, and
quarantine regulations established. With two excep-
tions, the utmost readiness and promptitude were shown in
rendering assistance, and the exertions of all concerned in
this work were worthy of much praise. The crew were
throughout attentive and obedient. There were three on
the sick list, but they worked as well as they were able.
With regard to the causes of the wreck of the Fusilier' the
Court were
o f opinion that the loss was accidental not w
ful. 'That it was not caused by stress of weather. That
the loss of the vessel was owing to the unfortunate accident
of the fouling of the starboard chain on the windlass,
thereby preventing the bringing up of the vessel with the
second anchor, and rendering unsuccessful the attempt to
put to sea. That the loss did not result from neglect of
the usual precautions in anchorage off this port. That the
master and mates of the ship Fusilier have not been guilty
of misconduct, and that the loss of the ship has not been
caused by their wrongful act or default.

TESTIMONIAL TO SIR R. G. COLQUIIOUN7 K.C.B.
—The Scotsman states that at a meeting of the
British residents at Alexandria, Egypt, it was resolved
that an address and a piece of plate should be presented to
Sir Robe' t Gihnour Colquhouu, K.C.8., as a token of re-
spect and esteem towards one who has for a period of
years acted as her llajesty's agent and consul-gcneral in
Egypt, and who, after serving his country abroad for up-
wards of 30 years, has received the well-merited honour of
being nominated by her Majesty a Knight Commander of
the Host Honourable Order of the Bath.

THIRD EDITION

SUN OFFICE, 7 o'CLocK.

SPORTING IN TELLIGED: CE—This ray.
I3Y ELECTRIC TELEGRAM
RICIDIOND RACES—THIS DAY.
ZETLAND It ATE.

Arabia.,
Skylark

liepulsc
.
Dagnisr
Gelert

Twelve ran,
STAKES.

Seven nm.
BURTON HANDICAP.

Ellatid
LEniozienn•egses
of India
............
Five ran. Winner objected to, but objection overruled.

SOUTHALL RACES—THIS DAY.
SOUTHALL HANDICAP—NO race.
JUVENILE PLATE.
Catherine ........................................... ................. 1
Proctor ..................................................................
Capricious ...............

SELLING STAKES.

Prior..
Toddington....
Nally the Nun .....................................
Five ran. ..................
WELTER, CUP.
Rosins ............................................................ w.O.
COUNTIES STAKES.—Freestone gets the stakes.

CANTERBURY RACES--THIS DAY.
HANDICAP.

Ethelred
Tilt
Little Jess
Seven ran.
c MILITARY STAKES.

Br. aworth
Devon

WELTER CUP.

Surney
Zeloo 2
Target 3
Ten ran.