The Sun.
London, England, 1854-10-04 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, OCTOBER 4, 1854.

10th sec. 7 and 8 Vic., cap. 110. 2d. For unlawfully
refusing to permit Edward Atkinson, the complainant's
solicitor, and Theodosius Abbott, his clerk, to inspect
the written or printed copy of the index and abstract of
the society's deed of settlement, and other documents
mentioned in the 57th clause of the act. 3d. For un-
lawfully holding out the name of the Right Hon. Lord
Wharncliffe as president of the society, without his hav-
ing acted or consented to act as such. 4th. For neglect-
ing to furnish certain returns to the registrar under the
11th section of the aet.
Mr. Clarkson, instructed by Mr. R. W. Bennett, of
Manchester, and Messrs. Staniland, Abbott, and At-
kinson, of London, appeared for the complainants ; and
Mr. Ballantine, instructed by Mr. Welborn, conducted
the defence.
Mr. Clarkson having read from the act of Parliament
the returns required with regard to all joint stock com-
panies under sec. 11, called
George Dee, clerk to the Registrar of General Enrol-
ments, who said he had no return of names and places
of abode of shareholders who were deceased, or of per-
sons who had become shareholders, otherwise than by
transfer, of the Solvency Mutual Guarantee Society since
the complete registration of that society, which took
place on the Bth of Nov., 1852. This society was pro-
visionally registered on the 19th of September, 1851,
but since the complete registration the only return made
was the annual return of the name and business of the
society. Neither had any information of the incorpora-
tion by statute of this society been giien by the regis-
trar. _

Cross-examined—Ho was Dot fully acquainted with
the working- of these companies, but he believed there
was more difficulty in making the required returns
of mutual assurance societies than proprietary com-

panies.
Mr. James Rait Beard said he was an assured mem-
ber of the Solvency (not Insolvency) Mutual Guarantee
Society, and he produced his policy.
Cross-examined—He had not signed any deed, be-
cause he had never seen any. He had paid all the calls
upon him except the last, and (we understood him) that he
had received credit for them in the document produced,
admitting his claim upon the society.
Mr. Roby, an accountant, proved that the society
had acted as a company within the last six months.
Mr. Ballautine said he was willing to admit that fact,
and he begged to say that the directors were willing also
to comply with all the provisions of the statute as soon
as they knew them. But this was a different case to
that of an ordinary proprietary company. In this case
a certain number of persons met together, and agreed
mutually to assure each other's bad debts, and no shares
therefore were issued ; consequently no return of share-
holders could be made, neither could there be any re-
turn of transferred shares. Mr. Ballantine also repu-
diated the policy issued by the society, alleging that as
t was not signed by the complainant it was only a
common agreement, and not a deed.
Mr. Clarkson referred Mr. Ballantine to the interpre-
tation clause, in which a member of any joint stock cora-
-1 pang was held to be a shareholder.
Sir Chapman Marshall said he had endeavoured to
give this case his most earnest consideration, and he had
come to the conclusion that, since the complete registra-
tion, there bad been no returns, as required by the 11th
section of the act. With regard to the interpretation
clause, he was quite satisfied that assurance company
was applicable to any association, and that directors
meant any body of men acting in the management of
any society. He was also of opinion that shareholders
were the same as persons assured as members, and if the
defendant was within the meaning of these, and the evi-
dence showed that he was, then he was liable to a
penalty for every offence of not more than 201. If, how-
ever, the defendant objected to his jurisdiction and wished
to have the matter re-argued, then the case could stand
over, and the sitting magistrate then could call in
what aid he might think fit ; but if, on the contrary,
the defendant was willing to submit to his decision,
he thought a nominal penalty would meet the case before
him.
Mr. Ballantine, after some consultation with his client,
advised him to submit to the nominal penalty.
The defendant was then fined 51., and 51. costs.
Mr. Clarkson said Messrs. Beard were not taking
these steps for the sake of the penalties, and they,
therefore, wished the amount should be placed in the
poor-box.
Mr. Ballantine wished to know if the other summonses
were to be proceeded with.
Mr. Clarkson said, as his object was to obtain a con-
viction, he should waive the other summonses for the
present.

WORSHIP-STREET.—An elderly man, named
John APGrath, was placed at the bar before Mr. Ham-
mill, charged with having assaulted and otherwise
grossly misconducted himself towards a young girl,
named Esther Harrison, 12 years of age.
The complainant stated that she lived with her father,
who was a plasterer, in North-street, Bethnal-green, but
feeling anxious to obtain employment as a domestic
servant, she left home for the purpose of seeking a situ-
ation on the morning of Friday last, and after search.
ing about without success until she was completely
exhausted, she sat down to reit herself upon the steps
of the Whitechapel Workhouse, between nine and ten
o'clock on that evening. She had only been there a
few minutes when she was accosted by the prisoner, who
asked her if she was in want of a home, and at the same
time proposed that she should accompany him to his
residence in the neighbourhood, as he was in want of a
servant, and would do everything in his power to make
her comfortable. Witness declined ,to accede to his re-
quest, but the prisoner insisted upon her proceeding
with him at once, and, after forcibly raising her from

the steps, se zed hold of her arm, and dragged her along
one of the adjoining streets. On reaching one of the
houses at the end of the street, which he informed her
was his residence, the prisoner thrust her into the pas-
sage, and, after locking the street door, he took her into
a room on the ground floor, and immediately com-
menced subjecting her to acts of the grossest indecency.
After minutely describing the conduct of the prisoner,
which was wholly unfit for publication, the witness
added that she resisted him as well as she could, and
screamed loudly for assistance to no purpose, and she
had since ascertained that the only persons in the place
were herself and the prisoner. After accomplishing his
purpose the prisoner left the house, but locked the door
after him, which precluded her from effecting her escape,
and he shortly afterwards returned, and intimated that
if she agreed to remain with him, he would furnish her
with plenty of food, and allow her a shilling a week.
The prisoner slept with her that night, and had ever
since kept her in the house, and occupied the same
bed with het, until the previous evening, when she was
traced out by her mother-in-law, who conveyed her
home, and gave the prisoner into custody.
In answer to the charge the prisoner declared that the
girl had voluntarily accompanied him to his house, and
positively denied that he had acted with violence to-
wards her.
Mr. Hammill said that it was a very serious charge,
which required the most searching investigation, and he
should order the prisoner to be remanded for the pro-
duction of further evidence.

MARLBOROUGH-STREET. TVillicon, Torrence
was summoned before Mr. Bingham for wilfully break-
ing the ranks of the Coldstream Guards.
Drummer Harrison said the Coldstream Guards were
crossing Piccadilly when the defendant, who was in a
cart, drove the horse through the ranks. The defen-
dant, came at a quick trot, and the horse nearly knocked
him down.
Corporal Downes said as soon as the defendant drove
through the ranks he turned round, put his finger to his
nose, and called theta " soldiers belonging to the
46th."

The defendant said the witness was mistaken about
the position of his finger ; it was not placed on his nose,
but only on his chin, with no offensive object. He
never said anything about the 46th or any other soldiers
or officers.

Mr. Bingham had no doubt that the defendant did
break through the ranks designedly, and that he did use
offensive gestures and expressions. For doing these
things he should fine him 40s. and costs.

THE MYSTERIOUS CASE AT NEW
BRIGHTON.

An inquiry took place at the Liscard Sessions-house,
on Wednesday and Thursday last, before the magistrates,
relative to the mysterious death of Mrs. Emily Watts,
wife of Mr. William Watts, surgeon, of Nottingham,
who was charged with having made false returns to the
registrar as to the cause of death of his wife, which oc-
curred on Monday, the 4th ult. Mrs. Watts, it was
stated, took an injection of tobacco water on that morn-
ing, which produced death in the afternoon ; and on the
Wednesday her husband, who is a surgeon, made a re-
turn to the registrar that she died from constipation of
the bowels and effusion into the abdomen. On the Sa-
turday following an inquest was held upon the body,
before Mr. Churton, coroner, when the jury returned a
verdict of " Died from an over-dose of tobacco." Informa-
tions were subsequently laid against Mr. Watts, at the
instigation of the brother of the deceased, Mr. Barkwortb,
of Hull, for having made a false return to the registrar,
and the case, as has been already stated, was partially
heard on Wednesday and Thursday. Evidence at great
length was then heard, but, although there appeared to
be some suspicious circumstances attached to the case,
nothing transpired to directly implicate Mr. Watts in
having administered the tobacco water as an injection
to his wife, or even that he had been cognisant of the
fact until the Wednesday evening after the death, when
he was informed by their servant, Esther Winn.
The further hearing of the case was resumed on Satur-
day last, before Major-General Sir Edward Cust, Bart.,
and Mr. Daniel Neilson. The solicitors for the prosecu-
tion were Mr. Snowball, Mr. Banning, and Mr. Phil-
lips, of Hull. The counsel for the defence was Mr. Con-
way, barrister, instructed by Mr. Townsend, solicitor.
The case for the prosecution having been closed on Thurs•
day last, the proceedings were opened by
Mr. Conway rising to address the bench for the de-
fence, when he made a brilliant and r.rgumentative
address, occupying the court about an hour and three
quarters. The learned counsel, in the most earnest and
emphatic terms, called upon the bench not merely to dis-
miss the summons, but to do so in such terms as should
silence the busy tongue of rumour, and enable his client,
who had grown grey in an honourable profession, and
who now, in the evening of his days, was for the first
time assailed by calumny, to go forth once more into
the world and resume that social position which he had
hitherto enjoyed, and from which a conviction, or the
suspicion, of such a charge as that which he was now
called upon to answer, must for ever banish him.
The first witness called for the defence was

John Maurice Banner, surgeon, who deposed that he
had known several times an injection of tobacco water
having boon used in cases of obstinate constipation. It

was a remedy that was used with great caution. The
symptoms which preceded Mrs. Watts' death were such
as might be supposed to follow rupture of the abdomen,
produced by prolonged constipation. In cross-examina-
tion, witness stated that in prolonged constipation, if
the patient were seized with faintness and prostration,
accompanied by continued convulsions, he should have
used a powerful injection, and if the symptoms con-
tinued to be aggravated, he should have sent for addi-
tional assistance. In the present case he should not
necessarily have concluded from the symptoms that
there had been administration of poison. He would not
, have felt anxious for a post-mortem examination.
Mr. John Parke, surgeon, New Brighton, deposed
that the defendant, in course of conversation with him
•n one occasion, had told him that his wife was subject
to constipation of the bowels, and asked him (witness)
several questions in reference to the complaint, and after-
wards said he would like to. call witness in. After the
death, on the 6th of September, the defendant called at
his shop, and asked if he had any printed forms or certi-
ficates. Witness filled up a form of the cause of death
for the defendant, as he had a paralysed hand. From
the symptoms which he had heard, he should have
thought that the cause of death had been prolonged con-
stipation and effusion into the abdomen. In the conver-
sation with the defendant, the latter made no reservation
—his manner appeared perfectly innocent.
Miss Sophia Wade, granddaughter of the defendant,
was next examined, but her evidence was nearly
similar to that given by Esther Winn on the Thursday.
She stated that Mrs. Watts refused to see any other
medical man than the defendant, and to hearing of the
tobacco after she had been to the registrar's office with
Mr. Watts.
Mr. Conway here put in the original will, executed at
Cheltenham on the 12th of June, 1854, and a copy of the
one made at New Brighton on the 31st of August, 1854.
They were nearly the same, and bequeathed the greater
portion of the property of the deceased, 14,0001., to the
defendant. The first will was attested by Esther Winn
and Mary Brian, servants to Mrs. Watts.
Mr. Albright, druggist, in his examination, said that
on the day on which the deceased died Esther Winn
brought a prescription—a dose of croton oil —to his
shop. Witness remarked at the time that the patient
must be suffering under obstinate constipation. On a
previous occasion, Mr. Watts had called at ;witness's
shop for a mild aperient powder, and he manifested
great anxiety that it should be properly made up.
Mr. Conway—That is my defence.
Mr. Snowball replied at some length. He said that
the present was not a final investigation. It was merely
preliminary ; and the question for the magistrates to
consider was, not whether the defendant was guilty, but
whether there was 'reasonable ground of suspicion to
make it necessary that a further investigation should
take place before a judge and a jury of the country. He
then reviewed the evidence, pointing out the manner in
which the defendant had acted throughout the whole
affair, and concluded by saying that he would leave the
matter to the better feeling and judgment of the bench.
The magistrates retired to consult at half-past three
o'clock, and shortly before four they returned, when
Major-General Sir Edward Cust said that they had
given a patient and, he thought the court would admit,
a most anxious consideration to the case before them.
It had occupied their minds not only then, but during
the whole course of the proceedings, with the anxious
desire to come to a decision that would appear to the
public, as well as to every reflecting person, that they
had considered the matter in all its bearings. The de-
termination they had come to was, that there was not
sufficient evidence in support of the informations to
justify them in sending the case to trial ; because)
in their opinion, the grand jury would throw out
the (bill. But in taking this course they felt a
satisfaction, if they were in error in the course they
had adopted, as it was still competent for the
friends of the deceased lady to enter an indictment
without their aid, before the grand jury. He was also
desirous that it should be known to the public that the
bench did not feel themselves precluded, in coming to
their present decision, from hereafter receiving any evi-
dence that might be forthcoming in a case which ap-
peared to have in its nature some grievous circumstances.
The proceedings of the court terminated, and the par-
es retired.—Liverpool Mercury of Tuesday,

ROYAL SOUTH BUMS AGRICULTURAL ASSOCIATION.-
Yesterday the annual meeting of this society, of which
her Majesty is the patroness, was held in the vicinity of
Slough, and the interest of the occasion consisted in a
ploughing match, at which " the bold peasantry" of
Buckinghamshire were engaged for some hours in the
innocent and generous rivalry of "driving their team
afield ;" and a dinner afterwards at the Windmill Tavern,
Salthill, under the presidency of the Right Hon. Henry
Labouchere, M.P. The ploughing match took place in
a field •n Burnham Abbey Farm, in the occupation of
Mr. Ralph Goodwin, and, the day being singularly
beautiful, a considerable number of people were attracted
to the scene, many of the neighbouring gentry being
present, among others Mr. Labouchere and Lady Mary
Labouchere, Colonel Hood, and Major Bent. The
competitors, fifty-three in number, included ploughmen
in the service of H.R.H. Prince Albert, the Duke of
Buccleuch, and the Earl of Orkney. About 100 gentle-
men sat down to dinner. Among the company were Mr.
J. Trumper, Major Bent, Mr. Wanklyn, Mr. Clayton,
Mr. Kaye, Major Simpson, :.trid the Rev. H. Palmer.
The repast was graced by several haunches of venison
from the royal forests at Windsor, presented by H.R.H.
Prince Albert.
A PICKPOCILET AT CHURCH.—On Sunday morning,
as Mrs. Hughes, wife of the governor of the Blind
Asylum, Old Trafford, near Manchester, was leaving
the gallery of the chapel attached to the Deaf and
Dumb School, to attend the communion service, she was
followed into a pew by a well-dressed man, of fashion-
able exterior, who took his seat beside her, along
with some blind pupils who were under her care. He
bad a light coat slung over his arm, which he kept
in that positiori. While they were kneeling together,
Mrs. Hughes felt his hand in her pocket. She could
not see his movements, as his arm was covered by the
coat, and on turning rand his hand was instantly with-
drawn. Immediately afterwards Mrs. Hughes made
signals with her fingers in the deaf and dumb language
to her husband, who sat in a pew opposite, telling him
what had occurred, and he signalled back to her, re-
questing her to remain quiet. As soon as the service
was concluded, the man endeavoured as quickly as pos-
sible to leave thechapel, but Mrs. Hugheshaving given in-
formation to a gentleman who was near her, he was de-
tained and given into custody. Yesterday morning he
was brought before Mr. Trafford, at the New Bailey,
Salford, when he gave his name as Thomas Johnson,
alias Hopkins, and was identified by the police as a
well-known Manchester thief. He was committed to
prison with hard labour for three months.
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