The Sun.
London, England, 1862-12-16 00:00:00

FENDALL V. WILSON.

This was a somewhat similar case, and one year's
suspension was ordered.

Notice of appeal was also given.
These cases may not be finally concluded for an
other year.

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prius, at Guildhall, before Lord
Chief Justice Cockburn and a Special Jury.)
KCENIG V. RITCHIE-SLANDER AND LIBEL.

This action, part tried on Saturday, and reported
i❑ The Sun, was resumed to-day.
This action, as already stated, was brought by
plaintiff against the defendant nominally, but
against the Scottish Equitable Life Assurance So-
ciety in reality, for having published a pamphlet
imputing to him that he had committed perjury in
an affidavit sworn by him in a snit in Chancery in
which he and a Mr. Wm. C. Fowler. were parties
on the one side, and the Scottish Equitable were
directly concerned on the other. The legal pro-
ceedings arose in the refusal of the Scottish Equit-
able to pay to Mr. Fowler a sum of £2,000 on a
policy of insurance assigned to him as security for
h. debt by the plaintiff, who effected it on the life of
the late Mr. Thomas Haire, of Gibraltar, to secure
an advance of money made to that person by him
and the firm of which he was a partner, namely,
that of Lewis, Reis, and Co., London. Another
count in the declaration was for slanderous
words alleged to have been uttered by the de-
fendant to a Mr. Jones, imputing an attempt by the
plaintiff to commit a gigantic fraud upon the Scot-
tish equitable Society.
The defendant pleaded not guilty and justification.
Mr. Montagu Chambers, Q.C., Mr. Watkins
Williams, and Mr. Ed. Be3ley appeared as coun-
sel for the plaintiff; Sir Fitzroy Kelly, Mr. Ma-
caulay, Q.C., and Mr. Re w conducted the case for
the defendant.

Mr. Koenig, the plaintiff, recalled, was further
cross-examined by Mr. Macaulay as to the transac-
tions, the exact nature of the agreement about the
terms of the policy, and in particular upon that
part of the defendant's case in which it was con-
ien3ed that Mr. Haire, in having gone to Casa
Blanca, 213 miles beyond the Straits of Gibraltar,
on the coast of Africa, where he died, had exceeded
the limits of the license endorsed on the policy,
which, it was urged, was framed so as to confine
him to ports principally within the Mediterranean.-
Plaintiff was also re-examined on those points at
considerable length by his consul, Mr. Chambers.
Mr. Robertson, a clerk in the London branch of
the Scottish Equitable Society's establishment, was
called for the plaintiff, and examined as to the
mode in which policies proposed to be effected in
London were carried out between the London house
and the head office of the society in Edinburgh.

Mr. Jones. a witness who called at the London
branch of the Scottish Equi table Society's establish-
ment to effect an insurance on his own life, de-
posed to the utterance of the alleged slanderous
words by the defendant complained of by the plain-
tiff, as imputing to him an attempt to commit a
gigantic fraud upon the scc'ety, and said those words
were uttered in reply to a question by him, whether
the Scottish Equitable Society disputed their poli-
cies, the defendant replying, "Never, unless in such
cases as that described in this pamphlet, in which
you may read all about it."
Mr. William C. Fowler, to whom the policy on
Haire's life for the £2,000 was assigned by plaintiff,
when the house of Lewis, Reis, and Co., in which
plaintiff was a partner, had fallen into embar-
rassment, together with a policy for a thousand
pounds on his (plaintiff's) own life, as security
for a debt, also effected in the Scottish Equitable
Society's office, was examined and cross-examined
at great length as to the manner in which he became
the holder of the policy, and his evidence was corro-
borative of plaintiff's account of the transactions.
Mr. Montagu Chambers, at this stage of the pro-
ceedings, proposed to put in documents relating to,
and forming part of, the proceedings in the Chan-
cery suit above referred to.
Sir Fitzroy Kelly objected to the admission of
the documents on the ground that no cross-examina-
tion had taken place in reference to them.
Mr. M. Chambers—The document which plaintiff
complains of as a libel I here tender as evidence,
Sir Fitzroy Kelly—l will take your lordship's
opinion as to whether the documents are admissible.
Mr.Montagu Chambers—My client is proceeding
for a libel, and I put it to the Court whether these
documents ought not to be put in and received as
evidence.

Sir Fitzroy Kelly—My learned friend makes a
great number of observations for the hearing of the
jury. 1 ask your lordship can these documents affect
your lordship's judgment ? I object to their being
put in.

Mr. Macaulay—They are are as innocuous as many
parts of ray learned friend's observations in this case.
Mr. M. Chambers—l thank you for that compli-
ment, and you may depend upon it I shall not for-
get to return t'''e compliment in my reply. I submit,
my lord, that this document (handing in one) is
evidence.
The Lord Chief Justice here took and Wing

looked at the document, said—l don't see, Mr,
Chambers, how this can properly be made evidence.
Mr. M. Chambers—My lord, let me show yonr
lordellip how it is evidence. The plaintiff being q
foreigner, and not intimately acquainted with the
English language, had effected a policy for £2,000
in the office of the Scottish Equitable Life Assur-
ance Society on the life of one Thomas Haire, and
the life having dropped, and the policy having been
previously duly transferred to Fowler, the plaintiff
was called upon for documents to satisfy the society
of Haire's death, and the document which I now
tender, together with other documents, as evidence,
was furnished by him to the society.
The Lord Chief Justice (looking at the document)
—This is not evidence that the life had dropped,
became it is merely a statement that the life had
dropped.
Mr. Montagu Chambers—l tender it, my lord, as
evidence. Will your lordship take a note of it ? I
Lord Chief Justice Cockburn—Mr. Chambers, I
disapprove of these irregularities. I say it with
very deep regret, but I feel that the Bench is not
treated with the respect it ought to he treated with.
I say nothing on the subject because of myself
occupying it ; but I say that the office has not been
treated in the becoming and proper manner in
which it should be.
Mr. Montagu Chambers—My lord--
Lord Chief Justice Cockburn—Mr. Chambers, I
request that you will not say anything more. I
can no longer submit to these irregularities, and so
long as I have the honour to hold the office I shall
not allow the Bench to be treated unbecomingly.
His lordship then adjourned his Court.
The case for the defence will be opened to-morrow
(this day).

ASSIZE INTELLIGENCE.

CHESTER CIRCUIT.—CHEsTER, Dcc. 15.

When the grand jury had concluded their duties
the foreman waited upon Mr. Baron Bramwell to
present a memorial with reference to the present
system of criminal punishment. The presentment
(which was of a similar character to those recently
made by grand juries) being handed to his Lord-
ship, he said :—Gentlemen,—The topics touched
upon are most important. With respect to the
ticket-of-leave system one cannot help making this
remark, that the sentences might be carried out
literally, and yet the ticket-of-leave system be ap-
plied. For say, if a prisoner is sentenced to four
years' penal servitude, if he does not conduct himself
well, let it be increased to six years. The system
would in that case be deterring enough in one sense,
where a man knew he would get one or the other
term according to his behaviour. We ought not,
gentlemen, lightly to condemn that which we know
has been ♦ery much approved by those who have
devoted a great deal of thought to the subject, and
which, it is said, has been very successful in Ireland.
As to transportation, it is by no means certain that
it would retain the terrors it had among the people
20 years ago, because emigration is so common that
I suppose there is not a village in England where
an inhabitant has not some relative abroad, and
education is so much more spread. There used to be
a sort of terror of going to live among wild beasts
and savages, but now the prevailing idea seems to
be of going to goldfields. lam not at all sure that
it is the same severe punishment that it was. No
doubt, if you transport them you get rid of them,
and so you would if you hanged them, but there is
something better than either of these. But, as I have
said before, I do not presume to offer an opinion on a
matter of sach extreme difficulty. I think we ought
to guard against hasty legislation. There is one
thing, however, upon which I have a clear opinion,
which is this—that while men undergo sentences
of penal servitude, it does not deter the danger-
ous classes of the population; it might be inferred
that the warning should deter poor wretches who
were drifted into crime ; but as to the trained rogue
he would look upon it as a bad venture, one that he
makes a sort of profit and loss account of, so to
speak, and makes up for the loss when he comes out
of confinement. I will forward your presentment
to the Secretary of State.
It having been announced that the case of the
Birkenhead rioters would take place this morning,
the Shire-hall was occupied to a considerable ex-
tent by a strong body of police from various parts
of the county. There was also a company of the
49th Foot quartered in the barrack adjoining the
Court, in readiness should their services have been
necessary.

His Lordship, however, decided to take all the
charges remaining on the calendar before the Bir-
kenhead case, as it might occupy some days. Con-
sequently,W. Dixon, 21, railway clerk,was indicted
with knowingly, wilfully, and feloniously sending
to George Walker a certain letter, without name or
signature thereto subscribed, threatening to kill
and murder him, the said George Walker a subject
of her Majesty, then and there being at Macclesfield
on the 31st July last.
Mr. Walker was the goods agent of the London
and North-Western and North Staffordshire Rail-
way Companies at Macclesfield, and the prisoner,
who was respectably connected, had been in the
service of the two companies for about eight years.
On the 29th July Mr. Walker had occasion to sus-
pect him of misconduct, and on that day prisoner left
his employment and did not return. Two days after
Mr. Walker received the following letter by post,
in the prisoner's handwriting :

" Manchester, July 30.
" George Walker, —I intend shooting thee. I shall cer-
tainly be thy end, if it takes 12 months. You scamp
I'll ball you off when you little think of it. You discharged
me the other day without cause, but it will be the cause of
your death. I shall put an Ireland touch upon you. If I
can only say I have shot George Walker, I shall then die
content, you villain."

The prisoner was convicted, and
Mr. M•lntyre, who appeared on his behalf, ap-
pealed for the Court's merciful consideration of his
case.

The prosecutor said he did not wish for anything
but an assurance on the part of the accused that
there should be to repetition of his threat.

Mr. Baron Bramwell said the prisoner had sub-
jected himself by his foolish and, perhaps, drunken
conduct to penal servitude for life. He might thank
Mr. Walker for the present order of the Court,
which was that he be bound over and find recog-
nizances to keep the peace and to appear for judg-
ment when called upon.
When our parcel was despatched there ware two
cases left, so that it will be late before the rioters'
case is called on, if, indeed, it be commenced to-day.

NORTHERN CIRCUIT—LIVERPOOL, Dec. 13.
CIVIL COURT.

(Before Mr. Justice Blackburn and a Special Jury.)
JONES (ADMINISTRATRIX) V. DAVISON AND ANOTHER.
This was en action to recover compensation for
the widow and family of John Jones, who was
drowned in the Mersey on the 26th of August last,
by the alleged negligence of the defendants' servan ts.
Mr. A spinall, Q C., and Mr. Littler were for the
plaintiff; Mr. Edwaid James, Q.C., and Mr. Quain
were for the defendants.

The deceased was captain of the schooner Atlas,
and on the day in question was being towed down
the river by the steamer Clive, and was cast off
along with some other vessels at Pottery Beach, in
order to anchor for the night. With some difficulty
she avoided the schooner Elizabeth, and dropped
her anchor, but in swinging round with the tide
her stern came into violent contact with a flat
called the Gnat, belonging to the defendants. The
deceased was struck by the tiller, thrown over-
board and drowned. It was said for the p:aintiff
that the accident arose from the neglecting to display
a white light on board the flat,in accordance with the
Admiralty regulations. For the defendants it was
contended that the deceased had been to blame in
not showing the proper lights for a sea-going ves-
sel, and that the deceased was in liquor and incap-
able of managing his vessel.

The jury returned a verdict for the plaintiff—
damages, £lOO for the widow, and £25 each for the
four children.

CROWN COURT.
(Before Mr. Russell Gurney, Q.C.)
Norris Taylor, a respectable-looking man, was in-
dicted for unlawfully,wilfully, and indecently disin-
terring certain bodies from the Rochdale Cemetery.
Mr. Kay appeared for the prosecution ; Mr. Cob-
bett and Mr. Saunders defended the prisoner.
The prisoner was the registrar of the Rochdale
Cemetery, and resided within the gates of the ceme-
tery, where he had an office. He had the direction
of all the work done at the cemetery, the disposal
of graves to purchasers, the superintendence of the
grave-diggers, and received all the money paid for
the graves and interments. It appeared from the
evince that the prisoner had been in the habit of
disinterring bodies, and transferring them from one
grave to another to such an extent that it was
almost impossible for any person having friends or
relatives buried there to know in what part of the
cemetery they were laid. In 1860 a factory opera-
tive named Shepherd purchased a private grave
from the defendant in the Dissenter's ground. On
the 12th of August in that year one of Shepherd's
chi!dren, aged two years and nine months, was
igva it
vault. deep,
therein. In November it was opened for the
(t. e e
They
, s o
took
interment of a brother of Shepherd. Defendent
ordered
might
et
di g ger
s to
d
they
the child and dug to the depth of 26 feet. mdgrraainve a -
neighbouring
up ,
toldhtl9t Catholics'
coffins
fa and tn os fetchart alto
De-
fendant told the diggers it was a pity they should
dig so deep for nothing, lie
coffinss Dis-
senters' nt
e r from
grounds.
brought h
gether from the public graves there and put them
at the bottom of Shepherd's grave, and the grave
was filled in with sand till it was 14 feet deep. In
other cases private graves were dug of the ordi-
nary depth/ and water has been Arrived At. DoArde

were put over, brick sides made, said the board
Qprinkied over with gravel or earth so as to look
like a proper bottom. The burial then proceeded,
I:tna as soon as the mourners had left the false bot-
tom hiAd been pulled up and the coffin let slip into
the water.

At the close of the case for the prosecution,
Mr. Cobbett urged several technical objections
to the indictment.
His Lordship said he might either move in arrest
of judgment or bring a writ of error.
Mr. Cohbett then addresFed the jury on behalf
of the prisoner.
The jury found the prisoner guilty, and
His Lordship directed him to be bound over in
his own recognizince of £5O to appear for judg.
rent when culled upon. _

DECEMBER 15.
In the Nisi Prius Court a case of " Berbro and
others v. Gill and others," which was commenced ea
Saturday, has occupied the whole of the JO
hitherto, and is not yet concluded.
The action is on a bill of exchange.
Mr. Edwd. James, Q.C., and Mr. Higv,in are for
the plaintiffs; Mr. Temple, Q.C., Mr. Quoin, and
Mr. Jordan for the defendants.
George Ruxton, who on Saturday was acquitted
on the charge of inciting Thomas Jamieson to the,
destruction of a ship called the Roscoe, was arrested
as he was leaving the dock on a warrant granted
by the Lord Mayor of London for his arrest on a
charge of having conspired along with others to
defraud a London insurance company of £6OO.

WESTERN CIRCUIT—EXETER, Dec. 15e
The commissions for holding the Winter Assize:
for the county of Devon and the city of Exeter !Set'
opened here on Saturday evening by Mr. Justice
Bytes. His Lordship attended divine service Yer
terday in the Cathedral. This morning
learned Judge delivered his charge to the grand
jury of the city of Exeter, at the Guildhall, an
afterwards proceeded to the Castle of Exeter, where
he charged the grand jury of the county of Devon'
The calendar for the county of Devon contains tP
names of 27 prisoners. There is only one prisoner
for trial in the city of Exeter.
This prisoner having been disposed of, the county
prisoners were taken.
Elon Thorn was indicted for bnrglarionsly bra
ing into the dwelling-house of Ann Boundy, at Ce"..
brook, on the 18th November, and stealing ther;
from two cheques, one for the payment of £lO, Be,.
the other for the payment of £l2 10s., and Ole'
money, her property.
Mr. Turner prosecuted, and Mr. Carter defended
the prisoner.
It appeared that on the night of the 17th NO
the prosecutrix, an old widow of 83 years of og'i
residing at Colebrook with her niece, having fast' the
up her house, went to bed. About 2 o'clock in se,
morning Mrs. Boundy heard a kind of grating nelh
which continued till 4 o'clock.. She was too Oa,.
frightened to go down stairs. The next moreiee;;
about 7 o'clock, the old woman upon going de BD
stairs discovered that the shutters had been brokeat
open, and the window was open. She then saw the
the cupboard in the room had been broken °13,1,881
and upon looking at a little tin box she found
the two cheques and about £2 10s. in money
been taken out of it. Early that morning the Pthe
soner arrived at the Exeter station by 'ex
North Devon train • he asked which omnibus
him nearest to the West of England Bank. $®
tid
told the Half Moon omnibus. He got into it, "tor
showed the conductor two cheques. The condo the
took him to the West of England Bank, and The
prisoner went in and received some money city
prisoner then said he wanted to go to the
000
Bank. The conductor took him there. As neje%
as they got there the prisoner, instead of Poo
in, said, suddenly, he wanted to be off by the
next train, and he turned back and went I the
train for Crediton. Wilcox, the payee (11eea
cheque, was at the door of the bank. It was Pr the
by the cashier at the West of England. Bank the" the
prisoner was the person who had presented A
cheque, and to whom change for it was givetsn'pri*
chisel and some other tools were found in t'Le.,•ith
soner's room, and some of these corresponded "014
marks on the shutters and cupboard on thenot
widow's premises. When apprehended the Pree-
had £lO odd in his pocket.
Mr. Cartier, in his address to the jury for t 1,08
sower, submitted, first of all, that there was not be,
to show that the house had been broken into at
tween 9 at night and 6 in the morning ; then or
there was no proof of the prisoner's havaineftehe,el
mitted the offence of entering the house; n
that if they were satisfied the prisoner had Plo
rented thccheque, that was not a possession soy,
after after the robbery as to justify a verdict of loTito
received the cheque with a guilty knowledge °
having been stolen. A the
Mr. Justice Bytes, in summing up, observe.. 06
real question was whether the prisoner was ts.
in possession of the property ; if he was, he se
bound to give an account of it. Some one 740
found the next morning in possession of the cbegl
at Exeter. Three witnesses had spoken positive
to the risoner bein tht .
Tju pry found the prisoner guilty of having t!le
money. of
The Judge—Gentlemen, the having posseoool,o
R
_ _

money shortly after a robbery is evidence °
having stolen it unless he accounts for it.
The lury.—Guilty. eth;
The prisoner was then sentenced to 12 - °
imprisonment, with hard labour. tee
The money found upon the prisoner was°rgde
the
to be given to the old woman, for whose ,„„
Judge expressed great sorrow.

COUNTRY 111/11eKLiS.

1.,

COLCHESTER—DEc 13. oclfr
the e 'ee°
A moderate supply of wheat at market, and d pri
tion much affected by the weather. Trade slow, 0100 aato
barely supported. Fine barleys unaltered. fie difacv
peas are coming to hand in soft condition, and are
of sale. 36
340 20
Wheat, white ..46s 52s Beans, Mazagannly3Bo 4-40
red 42s 48s middle & . 42s to
Barley
Oats

GLOUCESTER--DEc. 13. trots
We had a moderate supply of wheat from the tots et
to-day, which could only be disposed of at is redecciope
last week's rates. Malting barley was is per cir
Beans, peas, and oats unchanged in value.

CH ELM SFO
The trade in wheat to. day a
dull, and very little business d
Wheat, old white...37s 52s
new '7s 49d
old red....42s 48s

RD—DEe. 12.
xceedio:9l
it our market was e 40;
done in anything.
.0
Peas, Partridge- .g 37 400
s 430
White .......••400 400 359
Boiling ........ 300 /0
Dun ............ 390
Ditto new • • ••• '340 ,A
Beans, Tick, old 400
nevi.•3oo /0
Harrow Ticks 300
new••39o
Mazagan ..... •

new 38s 46s
Barley 2,s 35s
Chevalier ... . . 2Bs 38s
Grinding 22s 30s
Malt.... 61a 67s

Chevalier 64s 69s
Oats 20s 28s

KIRKCALDY GRAIN—DEC. 1.3• of el:
To-day there was moderate supplies of all kinds 000.4
Wheat sold at last week's rates. Barley, beet, c 1 r
6d, and inferior is decline, Oats were from 6"
qr dearer.

Wheat. Barley. Oats.
First.... 32s Od 18s Od. I
18$ 11
Second ..40s Od I 24s Od 20$ 6,7
Third....sos:Od —s Od

[ADVERTISEMENT.]-11ollowayc
ewh
Daughters.—How many suffer from disease/ •f°rtrel/gg
through bashfulness, no relief is sought, till their sa dig'f;
of constitution is sapped. The headache, derange dent
tion, and dull pains in the back and loins, otten."lokit
these maladies, may be safely and peramilentlY-48•
the system be regulated by these celebrated trotn.
diseases affecting the lower bowels, which are so tit core
some and so weakening, may thus be cured witlillqs
sultation and without vexin planations, old t
old—ateqully all ages,
andto tihneanyyougcnliegmx,a-tthe.e maeinagstuurtira'oettsiotril!.
their use accompany each packet of these medice

CALKIN.—On the 14th i
BDIstRTIItS2.3 m
ruing_n,
‘4,
f., creeeell"
the wife of Geo. Calkin, E9sqa., of a so:, ;nic..terete-r,
DEACON.—On the 13th inst., at 23, Brunsf :dog'',
Brighton, the wife of John Deacon, Esq., °L - itagell:°'
TINDAL,—On the 15th inst at 42York-terrace, .---
TipDalr..k—, I‘lolnr s
the.
inst.,
, daughter.a.t Kildare-terrace,
..,.00'
,r,,„thow-
park, the wife of Colonel Tidy,
pNnßd.
Eo, nLo
z,f
_WF
Falmouth.
l i
nuHco.
iruAthN. Carrot,
ClsiEdoioatrpshfr.w.tea-i.ts.rteorsrntria,ceaty”,:is.roteproft
St'
t pane
CAsoßnßoofL
the— G
lateß i r ELI Ni
Lieut.-General
theeltrAa lGi
LrsUe, daughter of thGßeeßnl Esq., Carl °1 t° 01
gylisutre, to Jane Morison
thea- Captain
.112::e'r9 : le - 4
Buchanan, D.D., f t 541°
C ARLM
burgh, William Balloel3lol'
~, . Rose Campbell, Esq , of
of Tulla House, De:,
_ Acton, LL.D.
younger daug
n Se°l3*
DEATHS.
ACTON.—On the Bth inst, at his residence, Wigaoea 59'
Esq., formerly M.P. for that borouAghb,ergeen, ii.
BRUCE.--On the 14th inst at Seotstown, blet
Michael Bruce, Bart., aged. 67. °ll
0 St 3 le'
CONSTABLE.—On the 13th inst., at Burton --c'01),
Marianne, wife of Sir Thomas Aston Clifford u''''
Bart. bland'
HARVEY.—On the 13th inst at his residence, 42e, '
vyllet
ford-square, John Harvey, Esq., of The Cliff
r‘i
Sussex, aged 78. Edsc°
REA.—On the 44th inst., at Croydon, Major-
of
Rea, R.M.L.1., aged 58. go jot
VERNON.—On tLe Ist inst., at Corfu, sudden Yo
Arthur Vernon, R.A. ;oril
WALTER.On the 10th inst.' at Ryde, Lieut.-,-,°--
Walter, late Bombay Light Cavalry.
_.......--"

tr A rvi
LONDON : Printed and Published by JOHN C..-•••:„ jib
of No. 112, Strand, Printer, at THE SUN OtEcet o°*ev
Strand, in the Precinct of the Savoy, in the OAP'
gid4100024--Twodsh Dociiminr 16, 1802. .

. -