The Sun.
London, England, 1862-12-15 00:00:00

IRELAND.

DUBLIN, DEC. 13.
Mr. -4
ustice Keogh this day passed sentence upo❑
twr, paupers, Anne Duffy and Ellen Carey, Rho
pleaded " Guilty" to the charge of setting fire to
the South Dublin Union Workhouse. tiis lordship
said the prisoners had been found guilty of a great
offence, but as they gloried in their crime it would
be a waste of words to address any observations to
them in the way of remonstrance. He would, there-
fore, sentence them to four years' penal servitude.
The prisoners were delighted, and immediately said,
Thank your Lordship; we have got out of hell, at
all events."

`seventeen male paupers were then brought up
for the same offence, and were sentenced to the same
punishment. Several of them cried out, " Thank
you, my lord and gentlemen of the jury, we have
got out of a house of persecution."
Four other paupers, found guilty of riotous con-
duct, got 12 months' imprisonment with hard
leJour. They seemed to have learnt from some
of their associates in the workhouse, who had per-
uonal experience of prison life, that convicts are
much better treated than paupers ; and it was for
the express purpose of getting themselves trans-
ferred from the workhouse to the prison that they
attempted to burn down the building. It is not un-
likely that many more will follow their example.
It is a strange state of things when the prospect ol
petaal servitude is actually an inducement to the
commission of the most atrocious crimes. One used
to read of the " horrors of transportation," but we
never hear of the " horrors of penal servitude." In
fact, as a punishment, it has no terrors for the class
whicia produces most of our criminals. They are
stare of good board and lodging and the kindest
possible treatment from the moment they get into
gaol, and they are animated by the hope that by
good behaviour—that is, a quiet and respectful
demeanour—they will be able soon to rejoin their
former associates in vice and crime. This hope has
no reformatory influence whatever, but the reverse.
Banishment to the opposite side of the globe would
bR dreaded as a real punishment, giving no hope
but in a real change of character, which useful
employment in a strange country, free from old
corrupting associations, would assist powerfully in
effecting.
1:4 the Commission Court yesterday, Frederick
Caldwell Spear was placed at the bar charged with
having uttered a forged check for £19212s 6d on the
Bank of Ireland in September last. He was tried at
the last Commission, but the jury disagreed. The
check was forged in the name of Mr. Du Bedat, a
stockbroker in this city. The prisoner had written to
him to the effect that, in the absence of his clerk, who
was ..ne prisoner's cousin, the latter had opened Mr.
Bedat's desk and abstracted a blank check, which
had been filled up and presented for payment at the
bank by another person, and that his cousin, Saun-
derson Spear, the clerk, knew nothing at all about
it. The latter was examined, and corroborated this
testimot,y. He denied that he had any knowledge
of tl'.o transaction, and stated that he was the first
to inform Mr. Du Bedat of the forgery. The per-
son said to have got the money for the check was
William Waldron, who had kept an office at 18,
Essex-quay. Acting Inspector Smith deposed that
after the discovery of the forgery he made inquiries
for this person, and could not find him. He had
reason to believe he had left the country and had
not returned. Among the papers found on the pri-

saner was the notice of a bill from the bank, directed
" William Waldron," also a notice from the Hiber-
nian Bank to the effect that his draught on Waldron
had been protested. Mr. Curran addressed the jury
for the defence. They brought in a verdict of
guilty, and the prisoner was this day sentenced to
four years' penal servitude.
A jury was empannelled to assess damages in a
breach of promise case before Mr. Hitchcock, one
of the Masters in Chancery, yesterday. The plain-
tiff was Isabella Ruttle, 21 years of age, the daugh-
ter of a Dublin solicitor, who, in consequence of her
father's decease, was obliged to take the situation
of a governess in the family of Captain Graham, of
Cashel. The defendant was the Captain's brother.
13e was 24 years of age, and held the appointment
of medical officer in the Dundrnm Dispensary,
County Tipperary. From the correspondence pro-
duced, and other evidence, it appeared that he not
only promised, marriage to the young lady, but had
formally proposed for her to her brother and her
mother, but the match was broken off through the
interference of his family, on the ground that he
had an income of only £9O a year, on which it would
be impossible for him to support a wife, two ser-
vants, and a horse. As to damages, counsel de-
clared that the defendant's brothers would not'pay
them, and that he would have to go through the
Insolvent Court, and perhaps lose his situation.
On the other side, counsel stigmatised the defence
put forward as highly dishonourable. The jury re-
tired, and, after an absence of a few minutes, re-
turned with a verdict for the plaintiff, with £250
damages.

An important and curious will case came before
another Master in Chancery, Mr. Litton, yester-
day. It appeared that Daniel Lyons, late a lieu-
tenant-colonel in the East India Company, by his
*made at Almorah, in:the:province of Kumaon,
in the East Indies, and dated Sept. 10, 1819, be-
queathed all his personal estate to his nephews,
Robert and Thomas Bell, and to two other persons,
as his trustees, upon trust, in the first place to set
apart a sum of £lO,OOO to pay several annuities of
£lO each to different charitable institutions in the
city of Dublin. The testator then proceeded to re-
cite that if his life should be prolonged for a few
years he intended to purchase a small landed estate
to be inherited by his nephew, Thomas Bell (the
petitioner) and his heirs, on condition of their
assuming his surname and professing the Protes-
tant religion, with remainders over. The will then
went on to state that he (the testator) having lately
read Mr. Brougham's (now Lord Brougham's) let-
ter to the late Sir Samuel Romilly, describing an
institution in Switzerland, on Mr. Fellenburgh's
estate, he directed that 250 acres of the estate in-
tended to be purchased by him should be appropri-
ated for the establishment of a similar institution
in Ireland ; and then gave the most minute direc-
tions for the management of the institution and for
the education of the boys and their maintenance;
and concluded by directing that the neighbouring
magistrates should visit the institution, and that
on such occasions they should be treated with
Irish hospitality, without locking the doors to force
the guests to drink. The testator then gave several
annuiiies to different relatives, and directed that the
estate intended to be purchased by him should de-
volve on his said nephew, Thomas Bell, to enable
Lira to carry on the institution, The testator after-
wards made another will dated the sth of Nov.,
1819, revoking all former wills, and simply be-
queathing annuities of the same amount to the tela-
11;ven mentioned in his first will—but by a codicil to
"econd will, and dated the same day, he di-
rected that there should be a benefit of survivorship
between the annuitants, and then, after the decease
of the survive,
real and
viers: of the annuitants, he gave all his
talestate to his said nephew, Thos.
Bell, trusting
o h performance of his (testator's)
In .
wish, contained
a will signed at Almorah, in the
which he stated if
province of Rinmaonhe
the 10th of Sept. 1819, and lived
advice, he intended to be his" ),a:itt.out executing any
ri d perfected by legalt
will. The testator
in'
died in two days afterwards, w
further testamentary decu
The principal '
words of the
question in the cause was whether
the
trust impressed on the devisetio9, Thomasw
codicil on the sth of Nov., 18
19, the effect
reviving all the trusts in the first will, or only that o f
portion thereof relating to the educational pur-
t)ocies• fly; Master, in an able judgment, revMwed
the arguments of all the counsel, and stated that the
goes. t
4.
an was one of great difficulty; but, that he
came to the conclusion contended for by the peti_
He thought it would be inconsis-
tent to give the words of trust the meaning con-
tended for by the counsel tor .
es that would defeat all the to
P
of the tes'ator.
related only
Pe thought the words of reference
tie trust imposed on the petitioner for educational
purposes, and that the petitioner was entitled
of
.on itled to all
the testator's property, subject to the
obligation
parchas'ng 250 acres for the support of the insti-
tution mentioned in the Almorah will.
Another will case has been before the Court of

Probate for the lastfew days. It was a snit broaght '
to establish the validity of a paper writing pur-
porting to be the will of Ann Kenny, deceased.
who resided at Kingstown. The defendant pleaded
that the said will was revoked by a t.ubsequent
instrument, dated the 12th of Februar, 1862, and
containing an express clause of revocation. The
plaintiff resisted this latter will on the ground of
its not being executed in accordance with the
statute, and also that the deceased was not of testa-
mentary capacity at the time. The issue was
whether the will relied on by the defendant, of the
12th of February, 1862, was the last will of the
deceased, and whether it contained an express clause
of revocation. The deceased died 13th February,
1862, in Wexford, but left assets to the extent of
£2,000, and a bill in the hands of Messrs. Cathcart
for £5,000. The defendant was maternal aunt and
next of kin of deceased. On the 30th of April,
1860, she executed a will, bequeathing all her pro-
perty to the plaintiff's wife, " in trust, to apply and
dispose of it for the use of such poor persons, and
for such charitable uses and purposes as she shall
see fit," and, in case any residue remained after the
death of Jane Daly, then to descend to the plain-
tiff for the same purpose. Subsequently, however,
the deceased expressed her dissatisfaction with this
will, and executed another, by which she bequeathed
her property to Mr. M'Carthy, a barrister, and his
wife, with these words—" Trusting to their chari-
table and pious recollection of the spiritual wants
of me and mine." This will, which contained an
express clause of revocation, revoking all former
wills, was subsequently destroyed by Mr. M'Carthy,
I who thought that it was not a valid instrument.

Mr. Dennis F. M'Carthy, barrister, was one of
the witnesses examined. He deposed that he knew
deceased. On the day previous to her death he was
sent for by her. He went to her house, and she
told him she wanted him to prepare her will. He
asked her what had become of the will she hail pre-
viously made. She said it was in a box. Witness
called the housekeeper, searched for it, and got it.
Deceased then cictated a will to witness. She made
it in favour of witness and his wife, "in the hope
that they would attend to the spiritual necessities
of me and mine." The will disposed of property to
the extent of about £B,OOO. Deceased first signed

" Miss Kenny," but subsequently signed it "Ann
Kenny." Witness subsequently, from a conversa-
tion he had with Messrs. Cathcart, came to the con-
clusion that the will of 1860 was the one in which
her wishes were expressed, and acting on that con-
clusion he burnt the other will.

To the Court—His impression of the will of 1862
was that the intention of the deceased was to leave
the property to him in trust for charitable purposes.
The jury found a verdict that the will of Feb.,
1862, containing the revocation clause, was the last
will and testament of deceased.
It is worthy of remark that in this case two
Roman Catholic clergymen, the Rev. Thomas Hore,
County of Wexford, and the Rev. John O'Rourke,
Kingstown, deposed that they advised the testator
to leave her property to be distributed among her
poor relations.

THE LATE ALLEGED INFANTICIDE IN
ST. PANCRAs.

On Saturday Dr. Lankester resumed an inquiry
at the Elephant and Castle, King's-road, Camden-
town, touching the death of a newly-born child, the
supposed illegitimate offspring of Elizabeth Day,
which was found in a box, with its throat most
severely cut, at 42, Windmill-street, Tottenham-
court-road.

Mr. Randall, solicitor, appeared for the suspected
young woman.

The Coroner, in continuing the case, said they on
the last meeting adjourned for the appearance of the
supposed mother of the infant, in order that she
might hear the evidence adduced against her. He
wished to know if she was present.
Mr. Randall answered in the affirmative, but
hoped it would not be necessary to have her before
the jury, as he wished to spare her feelings as much
as possible.
The Jury considered it necessary, whereupon she
was brought into court and accommodated with a
seat.

The Coroner then read over the evidence taken
on the last occasion, and called
Margaret O'Connell, a monthly nurse, who said
that on Saturday, the 22d ult., she was sent for to
42, Windmill-street, and saw a young lady (Eliza-
beth Day) ill in bed. She did not see the baby until
the Thursday following, when she gave witness the
key of a box which was under the bed, and which
contained the child. She opened the box and found
the child there, with its throat cut. Witness did
not say anything to her about the child. She said
the child was born on the Thursday morning pre-
vious, and was born dead. On the following Satur-
day witness saw a baby's cap in a parcel, but she had
seen no baby's linen on any previous occasion. She
said Mrs. Henderson, her landlady, was aware that
she had some baby linen.
Mr. Henderson said that witness was telling an
untruth. His wife knew nothing whatever about it.

Witness said that all she had said was true, and
she had been allowed to eat her dinner for three
days with the knife which had been used to cut the
baby's throat.

Mr. Henry Obre, surgeon, who had made the post
mortem examination, on being re-examined, said the
injuries to the head were quite sufficient to cause
death, without the cut throat, which latter he be-
lieved was inflicted after death. The bones of the
head were completely dislodged, as though by
squeezing in the hand, and under the scalp, over the
whole of the head, it was covered with extravasated
blood. The injuries to the head might have been in-
fl cted by an unskilful midwife, or by the mother
h,,rself unintentionally,
The Coroner then summed up, after which the
jury requested to be allowed to consult alone, and
after a short deliberation they returned a verdict,
" That deceased died from injuries before or after
birth ; but by whom those injuries were inflicted
there was not sufficient evidence to show."