The Sun.
London, England, 1865-01-28 00:00:00

FBE SUN, LONDON, SATURDAY EVENING, JANUARY 28, 1865.

LAW INTELLIGENCE—(This Day).

COURT OF DIVORCE.
(Before the Judge Ordinary.)
BAILEY Y. BAILEY.

This was a suit instituted by the wife, praying for disso-
lution of marriage, on account of the cruelty and adultery
of her husband.

The parties were married in the year 1857, and after
that resided near Belvedere, in Kent, where the respondent
carried on the business of a contracting bricklayer. For
some time matters went on very well, but eventually the
respondent began to treat his wife with great cruelty. Ile
was remonstrated with by his wife's relations, but no
alteration in his line of conduct taking place, the wife left
him in 1861, she having discovered that he had committed
adultery with a female named Crooke.

The petitioner was examined to prove the allegations of
cruelty, in which she was corroborated by her mother and
other witnesses.

The adultery having been proved,
His lordship granted a decree nisi.

COURT FOR THE CONSIDERATION OF CROWN

CASES RESERVED.
(Before the fifteen Judges.)

James Rowton was tried before Mr. Payne at the Middle-
sex Sessions on Sept. 30, upon an indictment which charged
him with having committed an indecent assault upon Geo.
Rowe, a boy 14 years of age. Upon the part of the defendant
many persons were called, who gave him an excellent cha-
racter as a moral and well-conducted man. On the part of the
prosecution it was then proposed to contradict that evidence,
and a witness was called. For the defendant it was then
objected that such evidence was not receivable. Mr. Payne
thought the evidence was admissible, and, after the witness
had stated that he knew the defendant, the question was
put—" What is the defendant's general character for de-
cency and morality of conduct ?" The reply was that he
knew nothing of the neighbourhood's opinion, "Because I
was only a boy at school when I knew him, but my own
opinion, and the opinion of my brothers, who were also
pupils of his, is that his character is that of a man capable
of the grossest indecency and most flagrant immorality."
It was objected that this was not legal evidence. Mr. Payne
considered that it was some evidence, and he left the weight
and effect of it to be determined by the jury. The defen-
dant was convicted, and was now in prison for judgment,
but he reserved two points for the opinion of this Court.
First, whether, when witnesses had given a defendant a
good character, no evidence was admissible to contradict it ;
and, secondly, whether the answer made by the witness was
properly left to-the jury.
This case was argues before the Court for the Considera-
tion of Crown Cases Reserved last Term, but the Judges of
that Court not agreeing in opinion the case was ordered to
be re-argued before all the Judges.

This having boon done, their Lordships gave their deci-
sion, the effect of which was that the conviction was
quashed.

POLICE INTELLIGENCE,—This Day.

MARLBOROUGH-STREET.

THE CABMEN AND THE INCLEMENT WEATHER.--Richard
Chevell, badge 15,566, Wm. Wallis, badge 10, 483, Selby,
6,686, and Alfred Spensley, 13,883, were charged before
Mr. Knox with being drunk during their employ.
Mr. Knox, after the evidence of the constables, and find-
ing that no mischief had been caused by the defendants, re-
marked thathe had no wish to be hard with the defendants,
for the previous was a fearful night, and was some excuse
for the defendants taking a little too much.
The defendants were all discharged.

Polar Expeditions•
-- —.—
Captain Sherard Osborn has written the follow-
ing letter to the Times

" Sir,—l am not, of course, 'surprised at your
being opposed to further Arctic research. We have
been antagonists upon this point ever since 1850,
and, as you know well, we succeeded in pressing on
the search for Franklin until the North-West Pas-
sage was discovered, all the geography of the lands
and waters between Baffin's Bay and Behring's
Straits accurately explored, and the mystery of
Franklin's fate perfectly solved. Fair and whole-
some opposition therefore will only stimulate us the
more to persevere to the end,' and I own to you I
would ten times sooner have the Times against us
than have the Times contemptuously silent. It
tells me that the subject does recommend itself as
a right and honourable employment for our navy to
the minds of many of your readers. You hope that
they will take your view of the subject ; I hope
that they will think for themselves, and allow Arctic
travellers and men of science to know something of
their business.

" You and your correspondent A Fellow' fall
into one error, natural to those not intimately ac-
quainted with the subject. There is no analogy
between the expedition I suggest to explore the Polar
area in 1866 and Franklin's expedition in 1854. He
sailed with two ships to traverse 1,600 miles of a blank
unknown area called the North-West Passage. We
do not desire to pass in ships beyond points already
frequently reached, and whence our men can
retreat in perfect safety to Upernavik. We leave the
work over the unknown area round our Pole to be
done by sledge parties ; we ask them to do as much
as has been already accomplished with sledges and
no more ; and I challenge any one to show me in
Arctic exploration a single case of disaster to a
sledge party beyond the drowning of one officer and
a few frost bites to men. These points were parti-
cularly dwelt upon by our learned and amiable pre-
sident, Sir Roderick Murchison, and I believe
thoroughly understood by'all present at our crowded
meeting. However, this I know well, that when the
future explorer of the Polar area does return to this
country, having achieved another great geographical
discovery, you will, in spite of your present objec-
tion to Arctic enterprise and science, be the first to
come forward and add your chaplet to the naviga-
tor's honour, and I own, for one, that I would far
sooner hear you, as the editor of the Edinburgh Re-
view is said to have done in former times, ' d- the
Poles !' than treat the matter, as tradition has it the
First Sea Lord contemptuously did by saying, when
the excited sailor knocked him up at an early hour
to report the ' rescue of M'Clure and the discovery
of the North-West Passage,' Bother you, sir !
make your report at proper office hours.' "

WILLS AND BEQUESTS.

(From the Illustrated London flews.)

The will of Algernon Frederick Greville, Esq., of
Hillingdon, was proved, in the London Court, on
the 20th inst., by the executors, Arthur Charles
Greville, Esq., the son, and Miss Georgina Maria
Greville, the daughter, between whom the testator
has bequeathed the-whole of his property, real and
personal, in equal proportions, with the exception
of the furniture, &c., which he has left to his
daughter absolutely ; and there is a legacy of £5OO
to a servant who has been in the family forty years.
His two married daughters—viz., Frances Harriett,
wife of the Duke of Richmond, and Augusta Mary,
wife of George Montague Warren Peacocke, Esq.,
M.P.—received their portions on marriage. The
personalty was sworn under £40,000. The testator
died on the 17th ult.

The will of George Henry Cutler, Esq., late of
Upton Lodge, Torbay, was proved in the London
Court under £200,000 personalty. The executors
appointed are the Rev. Henry G. G. Cutler (the
testator's nephew), John Cutler, 0-. J. Steer, and
Thomas N. Hunt, Esqrs. To each acting executor
there is left a legacy of £250 ; to his nephew, the
said Rev. H. G. G. Cutler, he has devised his real
estates, together with a legacy of £l,OOO, and the
whole of his furniture, books, pictures, wines, &c.
He bequeaths to his four sisters a life interest in
the sum of £40,000, which upon their respective
decease, is to be divided among his grandchildren.
His said sisters are also appointed residuary lega-
tees. There are liberal legacies to nephews, nieces,
and also to servants. To the churchwardens of
Upper Brixham he leaves in trust the sum of
£B,OOO, the dividends arising therefrom to be ex-
pended annually in the purchase of blankets and
coals for the poor.

The will of Miss Ann Grace Eyles, late of Cal-
verley-terrace, Tunbridge Wells, was proved in
London on the 4th inst., by the executors and
trustees therein appointed—namely, Charles John
Herries, Esq., of St. Julians, Sevenoaks, and Robert
Duncan, Esq., surgeon, Tunbridge Wells. The
testatrix died on the 17th ult., having executed her
will on the 25th of July, 1863. The bequests are
liberal, and there are many specific bequests. To
each of her executors she has left a legacy of £l,OOO.
To the daughters of the late Rev. E. Warneford,
£4,000. To the Rev. E. Langdale, Rector of East
ey, Sussex, the interest of £B,OOO for his life,
the
eapthrilncipal upon his decease to be divided amongst
his children ; also to the sisters of the said Rev. E.
Langdale a life interest in £2,000. This sum, upon
their decease, will also revert to his children.
Liberal legacies are left to the cousins of the testa-
trix, and also to her personal friends, all to be paid
free of legacy duty. There are legacies to her ser-
vants. To the Tunbridge Wells Infirmary a legacy
of £2,000, and to the Bristol Blind Asylum she
bequeaths the residue of her property.

Liverpool Cotton Market—This Day.

-.--_____,,..._.._.---.-.--

The peace rumours from America have completely
upset the market, and the demand to-day is very
small, at reduced, rates. Sales about 1,000 bales.

A report has been issued by the directors of the
London and Venezuela Bank pending the meeting
of shareholders to be held next May, detailing the
operations of the company. The decree of the Go-
vernment last July empowers the bank to issue notes
to the extent of twice the effective capital in its
hands. Business was to have been commenced on
the 2d inst., and the London directors gave notice
that they have decided to allow 6 per cent. per an-
num on money deposited in England for six months.
certain.

At a meeting yesterday of the creditors of Messrs.
J. Cr. Hill, H. W. Weguelin, and E. I. Smith,
trading as Hill and Weguelin, Russia merchants,
the balance-sheet• presented by the accountants,
Messrs. Cooper Brothers and Co., showed liabilities
amounting to £29,547 18s. 4d., and assets to
£22,520 15s. 10d., leaving a deficiency of £7,027
2s. 6d. It was ultimately resolved to appoint a
committee of four of the creditors to investigate
the accounts, and report the result of their delibera-
tions to a future meeting.

Two WOMEN CONVICTED OF POACIIING.—An
extraordinary case was heard at the Market Har-
borough petty sessions last week. Two women, Eliza
Collis, the wife of a poacher, and Rebecca Rooke, the wife
of another poacher, were charged, under Lord Berners' Act,
with entering fields with gun, nets, &c. It appeared that a
police-constable was on duty on the night of Dec. 30, when
he watched tho house of Collis, and suspected he was out
poaching. Next morning he was again on duty, when he
saw the defendants on the Leicester-road. Ho stopped
Collis, and found her bundle contained seven rabbits.
Rooke escaped. The magistrates fined the defendants £1
each and costs. A case for a superior court was granted.

COLLIERY ACCIDENT AND Loss OF THREE LIVES.
On Thursday, an explosion of fire-damp took place
at Morley Main colliery, the property of Messrs. Ackroyd
Brothers, whereby three persons were killed. The ex-
plosion occurred in a part of the mine at a considerable
distance from the pit-eye, and in a seam called the Little
Coal. In this place, John Clayton, aged 15 years, hurrier,
Morley ; George Priestly, aged 27, of Gildersome : and
Samuel Jessop, aged 28, of Morley, were working with
naked lights, when the damp fired, and they were killed
instantly. The explosion took place at 9 o'clock a.m., but
it was a quarter to 12 before the first body could be re-
covered, on account of the after-damp. It was that of the
boy Clayton, and was found to be horribly mangled. In
less than an hour the corpses of the other deceased were
brought to the surface, but both were much burnt, and
like the boy, but to a less extent, they showed the effects of
a violent explosion, but they were much mutilated.