The Sun.
London, England, 1849-01-26 00:00:00

26, 1849,

Mr. BALLANTINE contended that the child was Oa
alien, and it was clear, tkough the statute under w hich
the order was made did not express it is many words,
" that it could only apply to ciiil44ren born in England
and Vales," for even Scotland was excluded from its
operation.

Mr. MAYNARD followed on the same side, and con-
tended that the Act only applied to children born in
England and Wales; besides, where was the evidence to
show that the child produced was that of which the re-
spondent was delivered? The point was one of so much
importance that he trusted, should the decision of the
Court be adverse to Colonel Blane, an opportunity would
be afforded of having that decision reviewed.
The Learned ASSISTANT-JUDGE said that at first he
was under the impression that the Court had no juris-
diction, but now he was of the same opinion as his triend
Mr. Witham, who sat on the bench beside him, that
the Court had jurisdiction. It was not birth that gave
the jurisdiction. There was nothing in the statute upon
which it could be held that if the birth took place in a
foreign country an English Court had no jurisdiction;
but it was indispensable that when application was made
to the Court below, the child should be within the juris-
diction. The objection was utterly beside the merits of
the case.

Mr. BALLANTINE then addressed the Court upon the
merits. He said that Colonel Blatie knew best whether
he was the father of the child, and it could not be sup-
posed that if he was, that he would have incurred the
enormous cost he hod done in resisting the demand and
bringing it before that Court. Colonel Blanc believed
that he was the victim of an artfully concocted scheme,
and denied that there was the skhtest pretence for. the
claim made upon him by the young Frenchwoman.
The Learned ASSISTANT-JUDGE, in delivering judg-
ment, said here was a colonel in the army, living in
Grosvenor-street; he saw a pretty little black-eyed
French girl g,ing in and out of an opposite house; for
six months he followed her about in all directions, and
at length he induces her to visit him at his chamber. For
what purpose did the colonel follow that poor girl about?
Did he try to persuade her? Was there any man in that
court so much of a monk or an anchorite as not to know
for what purpose he adopted such a course? No one
could doubt his object. La 1847 he got the girl into his
rooms, where she continued to go on every Sunday even-
ing when he was in town, and he had written a number
of letters to her of the most endearing nature, clearly
proving the character of the intimacy which sxisted be-
tween them. Taking all things into consideration, there
could be very little doubt of the intimacy. The girl's
own story had been fully corroborated, and that proof
was anything but creditable to Colonel Blanc. lie had
clearly seduced the girl, and subsequently, when the
fruits of the intimacy were indicated, he heartlessly de •
serted her; and in reference to the cousin, at the
colonel's instigation, his victim had taken him to the
theatre—he, the seducer, turns round upon her, and ac-
cuses that cousin as being the father of her child, and
in the end deserts her. Under these circumstances he
would affirm the order, and direct the costs to be paid
by the colonel forthwith.—Order confirmed.

POLICE INTELLIGENCE.
bIAIV SIOIV-HO U 8 E.

Joseph Cushway, the diminutive person who shot Emma
Tyler with a pistol on Wednesday week, was brought, ur
rather carried, before the Lord Mayor for final examin-
ation, for he was in a most exhausted condition, trona
mental suffering as well as from bodily debility. Emma
Tyler arrived from St. Bartholomew Hospital, attended
by one of the nurses, and was placed in a chair cloz,e to
the table of ihe chief clerk. Her head was bandaged.
The following is a condensed acccouat of the investiga-
tion, which lasted a considerable time.

Emma Tyler, of No. 5, Angel-alley, Bishopsgate-
street, said, I remember Wednesday week. At a quarter
to seven o'clock on that evening I saw the prisoner,
whom I have known about eight months, in Angel alley,
going to the shop where he worked. He said he would
be back in about an hour, and upon his return he
seemed rather angry. I asked him what was the
matter; to which he replied, that he had had some
angry words at the shop. I said, it you have had
angry words at the shop, you have no occasion to be
cross with me. He said that he was not cross with
me. Eliza Graves, who lives in Angel-alley as well as
he and myself., was standing with we at the time, and
at the same time a young wan, named John Somers,
came by. I called to John Somers, and we talked to-
gether for ten minutes, but the prisoner was not near
enough to hear the conversation. When Somers lett
me I went over to the place in which Eliza Graves was
standing, and foetid that the prisoner was gone. I soon
afterward went into Skinner-street, and saw the prisoner
sitting on a stone at the corner of the alley, and Eliza
Graves standing by him.
The witness here mentioned several similar indiffe-
rent matters of conversation which, with some intervals,
occurred between them, and then proceeded:—He had
his hand in his pocket, and his looks frightened me.
Eliza Graves asked him why he looked so wild, and be
replied it was enough to make him. I laughed, and
asked him, " Why is it?" He said, "Never mind." I
then heard the report of a pistol, or something of the
sort, and I felt that I was wounded. I fell to the ground,
and I found that I was wounded on the left side of the
head. I tried to rise, but I fell again. The prisoner
was then gone. I did not know what happened till 1
got to the hospital, where I have been ever since.

The LORD MAYOR—Has the prisoner been courting
you? Witness—He has, my Lord, these six months.
am nine!een years of age, and he is a little older.

The Lout; MAYon-IDo you consider that he W&S
jealous of .John Somers? Witues—l do, my Lord. I
apprehend it was jealousy that made him do it.
The LORD MAYOR—have y OR anythiug to add to your
staterdent? Witness—Nothing, my Lord, but that Ido
not believe he aas in his senses when he did it, and I
should not wish at all to hurt him.

The witness, who appeared to be deeply afflcA
during the examination, then retire d.
John Somers, a lad about 18 pars old, was then called.
He stated that he had been talking to Emma T)ler on
the evening she was sh. t. He saw the prisoner in Angel-
alley, but had no conversation with him, and did not 'oh.
serve anything particular in anything th,..t had occurred.
He knew nothing of any courtship betvr,een the prisoner
and Emma Tyler, and had had no quarrel with the pri-
soner at all.

The prisoner, whet, during the whole of the investiga-
tion lay ticrors a chair, and appeared to be in the most
bitter agony, raid "No" upon being asked whether he
wished to say anything.
The prisoner was then committed for trial.

The -superintendent of the Wesleyan school in the
neighbourhood in whicl the prisoner resided bogged to
be allowed to say a few words. It was, be said, with
great surprise that he had heard of the occurrence, as
Cushway had been always known in the school as a mild
lad, of very kind disposition; and there was good rea-
son for believing that he had been excited by the ro-
mantic trash which filled the penny publications about
town.

The LORD ilevon advised the gentleman to be so
good as to attend the trial, and describe the unfortunate
prisoner there. _

GUILDHALL.

A tall powerful young man, named William Barrett,
who said that he was a regular cab driver, but who, in
reality, is what is generally termed a " buck," that is a
person attending the cab ranks to take care of the
vehicles, and occasionally to execute a job if the right
cabman was taking his dinner, or pla)ing a game at
drafts, &c., was placed at the bar on a warrant for com-
mitting a violent assault, in conjunction with another not
yet in custody, on a police-officer.
John Butler, City police constable 115, said—About
half-past six o'clock, on Tuesdiiy last, I was on duty in
Finsburv-pavement, and found Alfred Coe (the man not
in custody) standing on the footway smoking a pipe. I
required him to leave the pavement, and go to his rank
and smoke, and he replied, with an oath, that he would
not. The prisoner, William Barrett, then came up, also
smoking a pipe, and said they would stand there, and no
one should move them. I said to them that they knew
the regulations, that in consequence of the numerous
complaints my instructions were not to allow them to
be there, and that if on my return from the end of the
beat they still remained, I should convey them to the
station house, upon which Barrett flung his pipe into the
road, and said "You —, you shan't t.ave a chance
of that ; I have been waiting for an opportunity to serve
you out, and now I mean to do it." He then struck me
in the left eye, knocked my hat off, and seizing my hair
with one hand, struck me in the face several times with
the other, until I fill with the prisoner on the top of
me. He then jumped up and, commenced kicking me
about the head. Coe laid bold of me and prevented
me getting up, while Barrett struck me twice more in
the face with his clinched fist. I then managed to get
up and drew my staff, and made several blows at the
prisoner; but did not strike him, as Coe caught hold of
my arm, and Barrett, after giving me several blows,
wrenched the staff from my hand and felled me to the
ground with a blow at the back of the head, and while
down, I was still ill-treated by the prisoner, Coe crying
out, " Give it him, Bill, don't spare the —." I called
out murder, when both Coe and Barrett ran away, leav-
ing my staff and hat. I am now under the surgeon's
care, and unable to do duty.
Alderman SALOMONS asked the prisoner if he wished
tosay anything? The prisoner replied that he was struck
first,and certainly returned the compliment; but denii d
using the truncheon, which, he said, was used by a la-
bouring man who was passing by.
Alderman SaLomons—Why did you not prevent that
assault? Prisoner—Bt cause he (the officer) is a com-
plete vagabond and scoundrel. If he had been a man,
I would have assisted him; but he will not let us get
a living.
Alderman SALOMONS—He has a duty to perform, and
when he tells you what his orders are, you have a right
to obey them. I shall stud you to prison for one month.
Prisoner (laughieg)—l shall go for one month with
great pleasure, and then (turning to the officer) said,
with strong emphasis and a malicious grin, " Mr.
Syntax."