The Sun.
London, England, 1849-10-25 00:00:00

LONDONn THURSDAY EVENING, OCTOBER 25, 18.19

her husband. But the law did not extend its protec-
tion to married women who were charged with the
commission of heinous crimes, which were abhorrent
to the laws of nature. It might be pleaded for the
female prisoner that the murder was committed by
the husband, and that she was only an accessory
in the second degree before the fact ; bat neither the
law nor the evidence justified, in the slightest degree,
the plea of coverture. The Attorney-General then gave
a rapid but succinct account of the whole facts whiee
have been adduced in the various examinations at the
police court—from the beginning of the intimacy of
O'Connor with Mrs. Manning down to the commission
of the murder, dwelling and commenting upon the
main facts as tending to show the guilt of the accused.
In conclusion, he said they would find that before the
act was done lime was purchased by Manning, and
that lime was used for the purpose of obliterating all
traces of the murder ; that he had also purchased a
crowbar, which was delivered to the female prisoner,
and paid for by her, after complaining that the
price was higher than was agreed upon ; that she had
herself, the day before the murder, purchased a strong
shovel, probably for the purpose of removing the
earth ; and the various facts that he had stated, and
which would be substantiated in evidence, would, he
believed, clearly show that the prisoners at the bar
were guilty of the crime imputed to them. Ile was
quite sure that they would calmly investigate the
whole of the facts ; he knew that they would do so
patiently and honestly, dismissing everything from
their minds which they had heard out of doors, end de-
livering their verdict solely upon the evidence adduced
The first witness called was Henry Barnes; he was
examined by Mr. CLARKSON—I am a police- constable.
On the 17th of August last, in consequence of infor-
mation I received, I accompanied a man named Burton
to a house in Minver-place, Bermondsey. The house
was empty, but we got in. Burton had the key, and
he unlocked the door and we went in. We examined
the house, with the back kitchen, and I observeda damp
mark between the flag-stones. Those two stones ap-
peared to have been recently removed. I removed the
stones and the earth, and when I got about an inch
down I discovered the toe of a man. About eighteen
inches lower down I found the loins of a man. The
body was lying with the face downwards, with the
legs tied up to the haunches. The body was naked,
and the legs tied up with a strong cord. 1
found also a quantity of slack lime. Whilst
I was doing this, iMr. Lockwood came, but
I had removed enough to disclose the body. Mr.
Lockwood found a set of false teeth in the earth.
The head was downwards, but I did not examine it,
and therefore I cannot say in what state it was. Mr.
Lockwood was a surgeon. The body was removed,
and afterwards examined by Mr. Lockwood and
another surgeon. While the body was in the hole,
Mr. Flints came in, and had an opportunity
of seeing the body. On the same day in
the evening I went to No. 20, Greenwood-street. I
there found a box, which had been previously forced
open. In that box there was another, a sort of cash-
box, but there was no cash in it. There were some
I 0 U's in it. Mr. Flower went with me and saw it.
Cross-examined by Mr. Sergeant WILKINS—The
size of the flag-stones were about three feet
long by two feet wide. The soil below was
damp. I have, since the day I mentioned, exa•
mined the house carefully, and made myself well
acquainted with it. There is a garden at the back,
and on entering the house by the front door the first
room come to was the front parlour. The front
kitchen was under the front parlour, and the back one
under the back parlour. I can't say whether or not
persons could be heard walking about in the next
houses, because there was a good deal of noise in the
street.
Re- examined by the ATTORNEY. GENERAL—A
crow-bar and shovel were used to remove the atones.
Cross-examined by Mr. BALLANTYNE —I could
easily have removed the flag-stone.
James Burton, a police-officer, examined by Mr.
BODKIN—I went with the last witness to
the house in Minver-place, and opened the
front door with the key. I saw the opening made
in the back kitchen. The size of it was about five
feet long and two broad, and between two and three
deep. The things had all been removed from the house,
but I subsequently found a shovel in the back
parlour.

Cross-examined by Mr. Sergeant Wirlirris —I
went first to the house on the 14th of Au-
gust, accompanied by Mr. Keating and two
other persons. On that occasion I found 28 pieces
of clean linen there, and there were some trunks in
the house. The shovel was found in the back parlour.
Mr. Samuel James Lockwood examined by Mr.
CLAIIKE—I am a surgeon, and I remember going to
a house in Minver-place, in consequence of some in-.
formation I had received, and finding the two last wit-
nesses there in the back kitchen. I found them opening
a hole there, and saw in it the body of a man with the
face downwards and the knees tied up to the
haunches. Before it was removed I took out a set
of false teeth from the mouth. The body was taken
from the hole, and I then examined it. Mr. llowdley
and another surgeon cut the cords. On examining
the head I perceived a small protuberance
over the right eye. I further examined
the head, and found a bullet on the back
which I now produce. I could not trace the progress
of the bullet, in consequence of the wounded and
decomposed state of the head. Sixteen pieces of bone
had been removed from the head, which was covered
with wounds that might have been produced by
a blunt instrument, such as a crow-bar or
chisel. There was also a wound that might
have resulted from a gun shot ; and those
named, in my opinion, would be sufficient to ac-
count for death. A post-mortem examination was
made of the body.
The witness was not cross-examined.
Mr. Charles Slow examined by the ATTORNEY..
GENERAL—I am summoning officer of the Coroner's
Court, and produce a set of teeth which I received
from Mr. Lockwood.

Mr. Lockwood identified the teeth as those he had
taken from the head of the body.
William Tomlin, a dentist, examined by the AT-
TORNEY-GENERAL--I knew Mr. O'Connor, and the set
of false teeth now produced I remember having made
for him.

Price Walsh, examined by Mr. CLAnxsoN—l knew
the deceased. On the 17th of August I went to a
house in Minver-place, but could not get in. 1
went again on the following day, and then saw
a body in the back kitchen. It was the
body et Patrick O'Connor, of her Majesty's Customs.
I had known him since April. On the Bth of August
I saw O'Connor alive. I was with him at his lodg-
ings and accompanied him that night to the Man-
nings, in Minver-place. It was about a quarter to
ten when we went, and for some time we sat to-
gether with the Mannings. I remember on this
occasion Mrs. Manning saying to Mr. O'Connor, '6 Why
did you not come to dinner to-day; we kept
dinner waiting for an hour ; did you not get my note ?"
He said, no, and she said "Perhaps it did not arrive
before you left the ducks, but you will; get it to-
morrow." Mr. O'Connor then said, "Mr. Walsh
has got the balance of the bill to-day, Pitt's bill."
Mrs. Manning asked: him, " Will you' proceed
against him for the other three bills ?" and he said "1
will." O'Connor and Manning then began to smoke,
and after doing so for some time O'Connor became
faint and he sat upon the sofa, and Mrs. Manning
went for some brandy and water, but he did not take
any. We quitted the premises about a quarter past
eleven, and I accompanied him home as tar as Com-
mercial-street. I never saw him again until I saw
his body on the Bth of August. The Mannings
were as friendly with O'Connor as brothers.
Cross-examined by Mr. BALLANTYNE-Mrs. Man-
ning bathed O'Connor's temples with Eau de Cologne.
By Mr. Wuxi/is—Pitt is a grocer, or a broker of
that sort.

William Keating examined by Mr. BODKIN—I am
clerk in the Examiner's office of the Customs. I knew
O'Connor, and saw him last alone on th.e 9th of
August, about a quarter to five o'clock. He
was going over London. bridge, towards the Surrey
side. Mr. Graham was with me, and we had some
conversation together. O'Connor showed me a letter.
Mr. BODKIN—Did you see the name to that letter?
Witness—Yes.
Mr. BoDalN—Was it Maria ?
Mr. BALLANTYNB objected to the question. No
proof had been adduced that the letter had been lost,
and secondary evidenee ought not to be taken till
that was done.

The ATTORNEY-GENERAL said the letter could not
be found.
The COURT ruled that the question could not be put.
Examination continued—Mr. O'Connor appeared
in his usual health and spirits when I met him on the
bridge. On the Sunday following I went to Mr.
Manning's house in Minver place, and saw Mrs.
Manning. I asked her if O'Connor dined
there on the previous Thursday. She said
no. She added, "I saw him on the night
before that, and he was unwell, and I went on the
following night about seven o'clock to inquire about
him, but he was not at home." I said, " It is very
strange, for he was seen by two friends crossing
London-bridge in the direction of your house on
that day." I asked to see Mr. Manning, but she said
he, was not in. She said it was ungentlemanly of Mr.
0 Connor that he did not come to keep his appoint-
ment to dine with us on the Thursday. I said I
would call the same evening to see Mr. Manning, as
perhaps he might have seen Mr. O'Connor, but she said
they were going out to tea, and would not be at
'lame. I do not know Mrs. Manning's hand-
writing. O'Connor was on very friendly terms with
the Mannings.
Cross• examined by Mr. BALLANTTNE—I knew
Mrs. Manning before I saw Manning. I have been
to O'Connor's lodgings and seen Mrs. Manning there,
and have left them together late of an evening. It was
on the 12th of August I saw Mrs. Manning,

and she said she had been down at
O'Connor's twice to inquire after him—once on the
9th and once on the 16th. I think she said it was
about 7 o'clock in the evening.
Cross-examined by Mr. Sergeant WlLKlNS—When-
ever I have seen Manning and O'Connor together, they
have always appeared on friendly terms.
David Graham examined by Mr. CLERK—I am
an officer in the Customs, and knew O'Connor,
I remember meeting him on London-bridge while
in company with the last witness. He appeared in
perfect health and spirits. I remember going to
Manning's house, in Minver place, on the 12th of
August, with Mr. Keating, and then seeing Mrs.
Manning. Mr. Keating asked if she had seen
O'Connor. She said she had, on the
Wednesday previous, when he was at their house, and
being unwell lie laid down on the sofa. Then she
went to Mr. O'Connor's lodgings on Thursday even-
ing, the 10th, at about a quarter to six, to know why
be had not come to dine with them, but she did not
find him at home. She said also that she thought it very
ungentlemanly that he did riot come. We asked to
see Mr. Manning, but he was not at home, and when
Mr. Keating proposed to come in the evening, she
said they were going out to tea.
Cross-examined by Mr. Sergeant Werems—The
spot where we met O'Connor was about half a mile
from the Mannings.
Cross-examined by Mr. PARRY—I had often seen
O'Connor walking with Mr. Manning, and I have
seen Mrs. Manning at O'Connor's lodgings once,
It was in the evening, and I left them together.
O'Connor occupied two rooms in a house in Green.
wood-street on the same floor.
The Court adjourned at this period of the proceed.,
ings for a quarter of an hour.
The Court having resumed,
John Coleman was examined by the ATTORNEY-
GENERAL-1 hold a situation in the Customs. I
knew Mr. O'Connor. I saw him last on the
9th of August on London-bri:lge about a guar.-
ter past five. lie was walking slowly, and sometimes
stopping, as if undecided which way he would go.
Cross-examined by Mr. Sergeant ''ewes—Hc
was going towards the City. I was on the top of an
omnibus, and had but a mere cursory glance of him.
Ile appeared undecided as to the way he should go.
Sophia Payne examined by Mr. CLARKSON—I am
the wife of Joseph Payne, residing at No. 2, Minver-
place. I know the Mannings. I remember the
rumour of the murder of O'Connor. On the Monday
after I heard it I saw the male prisoner about six
o'clock in the evening. He came to my house and
asked me to permit him to go through my house to
his own, as his wife was out. He did so, and
got over the garden-wall. On the Thursday before,
et about a quarter before seven, I saw the male
prisoner sitting on the garden-wall, smoking his pipe.
I entered into conversation with him, and alter con-
versing with him for a quarter of an hour or 20 mi-
nutes, he jumped down, saying he had an appointment
to keep that he had forgotten, and must go to dress.
lie went in upon that, and I saw nothing more of him
that evening. I left my house that evening about
half-past seven, and retured about eleven. I left my
husband at home.
Cross-examined by Mr. Sergeant iVernuers—When
I first saw him it was light. He was sitting with his
legs hanging in his own garden and appeared as
asual. His garden is rather larger than ours. Ido
not know that they paid particular attention
to the flowers in their garden, nor did I
ever observe any particular flower in the garden. We
can hear persons moving about when there is a bustle
in the next house, but we are rather quiet. The
lithographing business is carried on in our house. We
had our tea about fire o'clock, and then we were very
quiet. It was about half en hour before I left home
that I saw Manning.
Mr. examined by Mr. 13. ODZIN—I am an
officer in the Flynn,}ustoms, and knew 0 Connor. In con-
sequence of his being absent from business, I went to
inquire after him on Sunday, the 12th of August, at
Nlinver place, but found no one at home. On the
following day I went again, with a police-officer, and
seked for Mr. Manning. A female answered the
door, and said he was not in. I then asked for Mrs.
Manning, and she said, " I am. Mrs. Manning."
I told her that I was a friend of O'Connor,
and she asked me to walk in. I did so,
.and then asked her if she had seen O'Connor.
She said " No, it is very strange, as some friends of
his saw him on Thursday on London.bridge." She
said O'Connor was :a fickle-minded man, as he would
often come to her place, stop a minute or two, and
then suddenly jump up and leave. She then
spoke of Vauxhall, and suggested that probably
tie might be there, as she had been with
him once or twice. She mentioned the name
of Walsh, who resided there. She then said, "Poor
Mr. O'Connor, he was the best friend we had in
London," and when she said that I thought I fancied
her countenance changed. She turned pale, and I
asked her if she was ill. She said, "No, but-six
weeks ago she had been ill." I then asked her if she
had been to Mr. O'Connor's lodgings on the 9th. She
said "Yes." I then asked her what time she left her own
house. ,She first said six o'clock. I asked her if
she was certain of the time, and she said it might
have been a quarter past six. She said she wet one
or two friends on her way there. The last remark
when I was leaving was, " You gentlemen are very
susceptable."
Cross-examined by Mr: Sergeant WILKINS—I
knew where Mr. O'Connor kept his cash. It was in a
cash-box which he kept in his trunk in his bedroom.

ATTORNEY-GENERAL—I beg pardon ; I have some
other questions to put. Did you go to O'Connor's
lodgings on the 13th? Witness—Yes, I went there
on the 13th, and Walsh, Keating, and the officer. I
broke open the trunk, found the cash-box open, but it
had no money in it. It had nothing in it but memo-
randums.

Ann Armes, examined by Mr. CLERK—I reside at
21, Greenwood-street, Mile- end-road. I have a sister
living with me, named Emily. O'Connor lodged with
me for several years; he occupied two rooms on the
first floor. I recollect Thursday morning, the 9th of
August. O'Connor left my house on that day about
half-past seven o'clock in the morning, and I
never saw him again. lle never returned to
my house. I know the female prisoner. She
was in the habit of coming to visit O'Connor par-
ticularly in the last month before his death ; she came
alone except two or three times, and then she was
accompanied by Mr. Manning and Mr. Massey.
At a quarter past six on that day I saw Mrs.
Manning go up stairs into Mr. O'Connor's room,
where she remained till a quarter past seven.
No one else went into the room while she was there.

I saw her go out of the house. She went through
the shop attached to the house, but on other occa-
sions she had been in the habit of going through the
private door. I saw her the next day, Friday.
She came about the same time, a quarter
to six o'clock, and went upstairs into Mr.
O'Connor's room, and remained there till near
a quarter past seven. I saw her leave the
house. She went through the shop and changed a
half-crown when I observed her hand tremble. On
Monday, ?he 13th, Mr. Flynn and others came to my
house, and entering Mr. O'Connor's room, broke open
his box, which was found on the top of the drawers,
the place where it was usually kept. No one
had been in the house since O'Connor left it
but the female prisoner and herself and sister. I
remember Mrs. Manning coming to my house on the
Friday before the 9th, and I then heard her say to
O'Connor, " I want to purchase some railway shares."
O'Connor then had his cash-box open before him,
together with some papers.
Cross-examined by Mr. Sergeant WILKINs—
O'Connor always kept his keys on his own person.
Mr. Lockwood, recalled, 'aid that the wounds on the
head might have been intPcted by the sharp end of such
an instrument as the crowbar.

By the COURT—Should say the body might have been
in the hole a week, or a little more. The exterior cf
the body was in a state cf decomposition. In saying
that the body had been underground for a week
he took into account the acti( a of the lime by which it
was surrounded. He formed this opinion from the ap-
pearance of the body, independent of any other circum-
stance. The lime must have been absorbed through the
fractures, and thus tend to the decomposition of the
brain.

Mr. Cahill, shopman to Mr. Langley, ironmonger,
Tooley-street, said—l remember, on the Bth of August,
the female prisoner coming to the shop to purchase
a shovel. I showed her one, and, she said she wanted a
strong shovel, and I recommended her a long wooden-
handled and regular shovel. She said she would make
a short shovel do, and I sold her one. I took it to her
house. She gave me a direction, 3, Minver•place, the
name of Manning. When I went there I saw Mrs.
Manning. I went about seven o'clock in the evening,
and she ordered it about three in the afternoon. (A
shovel was here produced by the officer.) That is the
shovel purchased at our shop. It is a dust shovel.
Cross-examined by Mr. BALLANTYNE—The price of
it is is. 3d.; I did not ask more than that for it.
William Sopp, policeman, produced the shovel. I
received it from Mrs. Bainbria;ge, the wife of a broker in
Bermondsey-square.
Barnes, policeman, recalled, and examined by Mr.
BALLANTYNE—I did not find any shovel in Minver-place.
By Mr. WILKINS—I noticed that there was a marble
chimney-piece in the front parlour, which seemed to
have been newly put up.
Eliza Firman, a little girl, aged 12, living in Staple-
street, said, I recollect the 10th of August. I was op-
posite 3, Minver-place. I was selling matches and boot-
laces. On the following Saturday I saw the female
prisoner at the window. I said—" If you please,
Nia'am, do you want your steps cleaned ? " She said,
" Can you come on Monday." I said " No Ma'am,
I cannot come on Monday, I mast go out and
sell my things." She then asked how much I would
charge, and I said sd. This was about half-pat nine.
I then went into the house, and cleaned up some por-
tions. She flaked me to clean the blinds, and I said
I could not, my hands were had, but I will clean
your steps. She said she had cleaned the back
kitchen; but told me I might clean it again.
She asked me to clean a basket which had spore lime in

it. I could not do it, and then Mrs. Manning tried to
I wash it, but es there was not enough water was obliged
'to stop. The male prirocer was there at the time. I
saw him twice. I heard some words the second time.
Ire came up stairs to his wife, and stamped his feet on
the ground in a passion, and said " he would have it."
Cross.examintd by Mr. BALLANTYNE—They kept
me till seven, and gave me sixpence. They were not
gngry with inv. I took something away with me. I'll
tell the truth, nod that a ill go the furthest.—(Laughter.)
I can't tell everything.—(Laughter.) I took an egg and
a razor. I took the egg out of the larder when their
backs were turned. I took also a purse that came out
of the drawer. I took also some stockings,
They came out of the cupboard in the kitchen. There
was no dress nor petticoat. I don't remember if there
was a smelling-bottle.
Mr. James Coleman, builder, and landlord of 3,
Minver-place. The Mannings were yearly tenants.
They gave me no warning when they left. I heard of
their leaving on the 14th.
Charles Bainbridge, the broker who purchased the
furniture from Manning, gave similar evidence to that
detailed at the police-court.
Cross-examined by Mr. Sergeant WlLltirts—l took a
list of the things I purchased, and I will produce it
to-morrow. I say positiyely that Manning said,
"I have sent my wife into the country." There was
not such a thing as a coal-pick among the articles, nor
a pick-axe. The tongs were not worn very thin at the
end.

By Mr. BODKIN—There was not such a thing as a
crowbar. There was some men's clothing, a light
z phyr coat and a paletot.
Mrs. Bainbridge, the wife of the former witness, said,
that the dust shovel produced was among the articles
brought from 3, Minver-place. There were four
female's dresses ; she noticed, something remarkable
about one of them—a morning wraper, upon which
there appeared to be marks of blood. It looked as if it
had been washed out, and dried in:a hurry, and become
mildew-ed. The cape was separated from the body. The
prisoner Manning slept two nights at her house, and
left on the Wednesday morning. He took a carpet bag
and a trunk covered with leather. He went away in a
cab, and said he was going sea-bathing. On the
Monday night, about a quarter before six, she said to
Manning, where's Mrs. Manning,
and ho said I have
sent her into the country. She asked him if he was
going to sleep at his house that night ? He replied.
No; I would not sleep there for 20/. Some dresses
were
left as a present for me.
Crest-examined by Sergeant WILK/Ns—l am positive
that he said he had sent his wife into the country; he
did not say that she had started into the country. No
one was present when he said he would not sleep at
Minver-place for 20/.
By Mr. BALLANTYNE—I said I considered the marks
on the dress were scorches arising from ironing or dry-
ing in a hurry. The marks of blood are on the cape
only.

lite.tilda Weldon, examined by Mr. CLERK, said—l
was servant to Mr. Bainbridge iu the mouth of August
last. I recollect Manning coming to our
house on Monday, the 13th of August. Ile
sent me to 3, Minver-place, to bring his wife. I could
not find it out, and I went back again. I recollect his
gcing out after I returned. When he came back I don't
recollect him saying anything to Mrs. Bainbridge.
On the day when the goods were removed he told
me to say that if any one inquired for her I wss
to say that I had net seen her for a fortnight. I
cannot say whether he said his wife had gone into the
country, or that he had sent her.
Mary Ann Schofield, \ examined by the ATTORNEY-
GENERAL, said—l live opposite 3, Minver-place,
and I recollect Mrs. Manning leaving her house
in a cab, on the 13th, the Monday before the
body was found; she left about half-past three.
Manning came about half-past five, and knocked twice
at the door, and then tapped at the window. Ile then
came over to me, end held up his fieger for me to
open the door. He asked me if I had seen his wife,
and I said I saw her leave in a cab at half-past three.
He thanked me, and then crossed over to 2, Min-
ver-place, and knocked at the door.
William Byford, the cabman, said he had a fare on the
15th of August from Bermondsey-square. The prisoner
Manning hired him, and he drove him to Wattrloo
station. He had a carpet-bag and a trunk. This
was about half-past eight o'clock in the morning. Ile
went by way of Bermondsey-street, by the request of
Manning, but that was a much longer route.
William Kirk, the other cabman, said Mrs. Manning
hired him, and requested him to drive to 3, Minver-
place. When they arrived there ho assisted her down
with two boxes and some other things. He then drove
her to a stationer'a shop where she got something ; he
afterwards proceeded to the London-bridge station,
where she left two boxes, and upon which some cards
were nailed. He afterwards drove to the Euston Rail-
way station.

William Day, porter at tho London-bridge station,
said the female prisoner gave him two cards to nail
upon the boxes. They had on them " Mrs. Smith (or
Miss Smith) passenger to Paris." She wished the boxes
to be left in the cloak-room until called for.
Richard John Moxhay, the superintendent of the
Edinburgh police, was next examined by the.A TTORNEY-
GENERAL, and gave precisely the same evidence relative
to the arrest of the female prisoner in Edinburgh which
has more than twice been laid before the public.
Cross-examined by Mr. Sergeant WILKINS—Mrs.
Manning told me with respect to the two boxes that she
had left them at the Brighton station, because she had
not made up her mind whether she should go to Paris
or to Edinburgh.
Cross examined by Mr. BALLINTYNE—Shp also told
me that part of the scrip found upon her was purchased
for her by O'Connor.
Edward Langley, of the detective force, detailed the
particulars with reference to the arrest of Manning at
Prospect house, St. Heliers, Jersey, on the 25th of
August.
_ _ _

Cross-examined by Mr. Sergeant Wn.xiNs—l found
some gunpowder upon Manning. Ido not know that he
was in the habit of going out shooting; thought he used
to shoot with his dog at Taunton.

Mr. Superintoade—nt Haines was next examined, and
gave evidence as to the contents found in the two boxes
at the Brighton station, and also as to his conversation
with the male prisoner while on his way by the railway
from Southampton to London.
The Court then adjourned at a quarter after Eix
o'clock until ten to-morrow.

The court continued filled until the conclusion of the
proceedings. At five o'clock the court was lighted up,
and presented a singularly imposing appearance. We
regretted to see that several persons were accommodated
with seats in the dock, close to the prisoners. They
kept their eyes almost constantly fixed upon them,
and, as th© expression is, " almost stared them out of
countenance." We should have thought that the officials
had more good sense than allow this; the prisoners
might be spared the pain of persons, at teir very elbow,
gazing intently upon them, and perhaps diverting their
attention from the evidence.

7'HIRD COURT.
(Before Mr. Commissioner BULLOCK.)
MURDER.—Henry Watson, a man about 35 years
of age, was indicted for the wilful murder of Louisa
Charlotte Watson, his daughter, on the 20th Septem-
ber, by throwing her into a waterbutt, and was also
charged, on the Coroner's inquisition, with the said
murder.

Mr. M'Murdo, the surgeon to the prison, upon
being sworn. deposed that he had had an opportunity
of seeing the prisoner since the 21st of September
last, and he was evidently of an unsound mind.
The jury returned a verdict accordingly.

MIDDLESEX SESSIONS.
(THIS DAY.)
The ASSISTANT JUDGE, on taking his seat on the
bench, apologised to the bar and the jury for the late-
ness of his arrival (it being half-past ten o'clock), which
he said was occasioned by a serious accident upon the
North Kent Railway, which delayed the train a consi-
derable time.

The Court this day took thebail list, and was occupied
the greater part of the morning with hearing appeals
against the decisions of the magistrates in cases of
affiliation.

IRELAND.

(FROM A CORRESPONDENT.)

OPENING OF THE ENCUMBERED ESTATES
COMMISSION.

DUBLIN, WEDNESDAY, OCT. 24.
This day, at twelve o'clock, the Commission for the
Sale and Transfer of Encumbered Estates in this country
was opened in the Court of Exchequer by Baron Richards
and Messrs. Mountiford Longlield, LL.D., and Charles
J. Hargrave, Esq., the Commissioners appointed by her
Majesty. The court was very much crowded by bar-
risters and solicitors. When the Commissioners had
ak en their seats on the bench,
The Right Hon. Baron RICHARDS (Chief Commis-
sioner) said—This being the first public sitting et the
Court for the Sale and Transfer of Encumbered Estates
in Ireland, as established under the Act of Parliament
passed in the sessions holden in the 12th and 13th years
of the reign of her Majesty Queen Victoria, it may be
right briefly to call attention to some matters connected
with the establishment of this court, and with the
course of procedure which it is our intention to have
adopted for the purpose of carrying out the provisions
of the statute. The Act of Parliament from whence all
our jurisdiction is derived appears to have received the
Royal Assent on the 28th of July, 1849, and, shortly
after that time, Dr. Longfielel, Mr. Hargreave, and myself
had the honour to be appointed Commissioners by her
Majesty, pursuant to the Ist section of the Act ; and
with all convenient speed afterwards, we, the Commis-
sioners, assembled together, and pmcceded to frame a
code of rules for regulating the course of procedure
under the Act, and for securing the due execution of
the powers vested in us, and giving effect to the pro-
visions and objects of the Act. These rules we
were enabled to lay before her Majesty's Privy Coun-
cil in Ireland for their approbation or amendment
on the 18th September, 1849. Some of these rules that
Right Hon. and Learned Body were pleased to strike
out altogether, and to alter others; and on the 17th of
October, 1849, the Privy Council were pleased finally to
dispose of the matter, and to express their approbation
of the rules as so altered by them, and immediately
afterwards the rules, as so altered, were, as I under-
stand, enrolled in the High Court of Chancery
as required by the 10th section of the statute, and that
being done, we have thought it right to came this day,
being the earliest that r.e could well appoint,
for the
opening of our court, I may mention that certain of
the rules which we have laid before the Privy Council
were relative to matters of form merely, and to the mode
of commencing and continuing proceedings in our
court, and though we felt that we had sufficient
outhoritY of ournelYoo, wider 1129 Pal Oeoii94 9f

the Act, to frame rules and regulations of that descrip-
tion, without requiring the approbation of the Privy
Council, we thought it would be mere satisfactory
that the en:ire of the proposed plan and frame-work
of our ccurt should be laid before the Council,
rather than a mere fractional portion of our in-
tended practice, leaving it, however, to that learned
body to deal with the rules generally in whatever
way they might, in their wisdom, think proper; and
accordingly the Privy Council, considering it unneces-
sary that their approbation should be required in respect
to matters which fell within our own authority, under
the 9th section of the Act, did, as I understand, strike
out all those rules which appeared to them to partake of
that character. But they, no doubt, also varied other
rules, which we submitted to them in many important
particulars. I mention these matters chiefly to ac-
count for our having introduced into a separate code,
and upon our own authority alone, certain of those
forms and directions which, if the matter were unex-
plained, it might be supposed the Privy Council had
dissented from; but that is not the case. We are quite
aware that, wherever the Privy Council varied or ex-
punged any of the rules submitted to them, except upon
the grounds that I have mentioned, we had no autho-
rity to retain those rules so disapproved of, nor have
we any disposition to assume the authority of
running counter in any respect to the judgment of that
learned body. With regard to the rules themselves, it
would be taking up time unnecessarily if I were to at-
tempt here to state them either in detail or otherwise; all
persons who are desirous of making themselves acquaint-
ed with the subject, would do well to study attentively
both sets of rules end forms—l mean those approved of
by the Privy Council and those emanating from ourselves,
and propounded upon our own authority. Wo have
endeavoured to make all those rules as plain and as clear
as we could, and those that have been trained under the
10th section of the Act having, in their present state, re-
ived the sanction of such distinguished personages as
presided at the Council Board, I should hope they will not
be found very difficult to be understood. But considering
the novelty of the subject, we think it right to invite
those who intend practisieg in the court to communicate
freely with us in case of any difficulty arisirg in their
minds, in regard to any of those rules. Such coin.
munication, however, must be made in public, and
at the sitting of the court, and not in any other
manner, or at any other time. Hiving said thus
much upon the subject of our general rules and orders,
I would next observe that although we (the Commis-
sioners) aro now perfectly ready and most anxious upon
our parts, to proceed with the business of our court, yet
I do not well see how we can advance a step until souse
tit and proper place shall be provided and prepared for
us in which to hold our sittings, and more especially a
place in which the office business of our court can be
carried on, and where the pleadings and documents
connec:ed with the business of our court can
be deposited, and safely kept, and filed, and re-
gistered. It is not to be expected that our secretary
can keep all those pleadings and documents about his person, or even in his own domicile; and I would not I
think it right that valuable papers and muniments of
title and deeds should be lodged with our officer until he
shall have a safe and convenient place in which to de-
posit them. I trust, however, that ere long, we
shall be provided with all necessary accommoda-
tion for the purpose of carrying on the business of our
court; indeed I have every reason to believe that his
Excellency the :Lord-Lieutenant and the Government
aro meet anxious to second our efforts to obtain
that accommodation with as little delay as
possible. But until this accommodation shall be
obtained I :greatly fear that the business of
the court must be very much impeded. Ido not
feel that it is within my province to touch upon the
general policy of this measure, except to say that nothing
shall be wanting on the part of the Commissioners to
carry out, as fir as in them lies, the great object which
the Legislature had in view in enacting this law, and we
hope and trust that public expectation may not be dis-
appointed. Upon the subject of sales before us, I
would wish to call public attention to our six•
teenth rule ; and chiefly because that rule esta-
blishes a practice essentially varient from the practice of
every other court of equity both in England and Ireland.
By that rule we have precluded ourselves from opening
any sale by reason of an advance in the bidding merely.
Many persons, I dare say, will disapprove of the prin-
ciple of that rule, hut we do not expect to please all
parties, we can only say that the principle of
that rule engaged our most earnest and anxious
consideration ; and, upon the deepest reflection, we
arrive at the conclusion that the practice of opening
sales from time to time, by reason of an advance in the
biddings, was calculated to damp very much the ardour of
bonafide purchasers, to delay the final completion of the
sale and winding up of the cause; and, in fact, more or
less to damage all parties interested in the case. It is
essential, however, that this most important alteration in
the mode of procedure in respect to the sales of property
should be very generally known, and we trust it will
obtain universal publicity; on the other hand, to guard
against a collusive or fraudulent attempt to have pro-
perty knocked down at a gross undervalue, we have
reserved to ourselves a power by the sth rule to ad-
journ the sale of any lot if, in our opinion, the highest
price offered is clearly inadequate. This is a power
which. I apprehend we shall very seldom have occasion
to exercise, and, most likely, never shall exercise, except
where we have reason to suspect something in the
nature of fraud or contrivance in the case. It is right,
however, that we should have such a power, to be
used or not as the circumstance of the caae may appear
to render necessary. Indeed, I have heard it said
by some, and I have read something of the same
kind also, that unless we are prepared to sacrifice all
property brought into our court we shall not be able
to effect sales. I don't know whether it is expected
that I should enter at any length into that subject;
hut I presume it is not, and, for myself, I must confess
I have no disposition to prophecy one way or other on
that point. All I shall therefore say is, that I see no
well-founded reason why persons desirous of investing
capital in a profitable manner should refrain from doing
so in the purchase of land is Ireland, and especially in
the purchase of land to be sold under our court; for,
first, they will have a clear and indefeasible title not de-
pending upon the preservation of any ancient deeds or
charters, or on the accuracy of searches, or on the opinions
of counsel ; but deriving its validity from the statute
under which we are acting ; and, secondly, they will
have a clear possession, free from all claims of
tenancy, save those subject to which the property
is expressly sold ; but chiefly the purchaser under
our court will obtain the benefit of his contract
at once, and not be delayed, as is sometimes
the case, fur years, not knowing, up almost to the
latest moment, whether his purchase is to be on or
off. As to the objection I have here made against
purchasing in Ireland, arising out of the present state
of this country, I shall only only observe that if we
reflsct upon the calamitous events of the last four years,
it is not surprising that the state of society in Ireland
should be, to a certain extent at least, disorganized. We
have had, by the awful visitation of Providence, I may
say four successive years of partial famine, accompanied
with pestilence and wretchedness unparalleled; and it has
been our fate, during the same time, to have had a code
of laws to work out which, even in better times, could not
fail in their commencement to press severely upon many
—I mean the poor-law Acts. But this state of things is
not, I trust, to last for ever ; and I confess I have
strong hope and expectation that, ere long, we shall
see Ireland emerging from her present condition, and
rising into a more elevated and healthy state,
both morally and physically, than we have ever
yet known her to enjoy. With regard to the frauds
attempted by tenants on their landlords in carrying
away their crops and stock to avoid payment of their
lawful debts and engagements, I have every confidence
that such a state of things will not have continuance;
and that contracts between landlords and tenants will be
observed with the same fidelity in Ireland as elsewhere.
But however fraught with matter for observation the
present state of Ireland may be, it is not for me to
enter upon that wide field ; there are far more compe-
tent persons engaged in considering what is best to be
done for the improvement and amelioration of our
country, and I shall not, therefore, be tempted to pur-
sue this subject.
In a moment or two after the delivery of his opening
address, Baron RICHARDS said the Commissioners would
retire for a few moments to consult with the Judge of
the Admiralty Court, in order to see if they could
got the use of that court for their officers, and
to meet there if necessary. Ile had reason to
believe that there would be no objection to such
an arrangement as this. Tho Commissioners then
retired for a few minutes, and on their return to court,
Baron Richards said that by permission of Sergeant
Stock, the secretary and other splicers under the Com-
mission would occupy the Admiralty Court till accom-
modation off; ed elsewhere. They would be there from
the hour of ten o'clock to-morrow morning to receive
petitions, &c. The Commissioners would sit at eleven
o'clock to-morrow, in the Court of Exchequer, for busi-
ness, and to answer any questions that any one might
wish to put to them concernning the working of the Act.
A solicitor wished to ask a question arising out of the
26th rule. It was this, whether a party who had a first
encumbrance would be entitled in the Commissioners'
Court to his costs es a matter of right—not as a matter
of favour ? Whether, in fact, the decree of the Chan-
cery was binding in this court?
Baron RICHARDS—Do you mean, if his- costs were
decreed by the Court of Chancery, and that the party
comes in here with that decree in his hand, will we
admit it ? Certainly, if no party desire to have the
question re-heard in Chancery, there will be no ques-
tion on the matter in this court.

Another solicitor begged to ask tho Commissioners
whether a party not a professional man could come in
to carry on proceedings for another person in this court?
lie meant, could a not duly qualified person act before
the Commissioners; for one of the rules might lead to
doubt on this matter?
Baron RICHARDS replied that any party might act
for himself—on his own behalf ; hut there was nothing
in the rules of the court that could lead any one to sup-
pose that the Commissioners would sanction an unquali-
fied party to act for others before them. There was no
difficulty whatever in either of the questions that had
been asked.
The Court then adjourned till to-morrow morning at
eleven o'clock.

FRS N CE.
The proposition of M. Creton, for the repeal of the
jaws of proscription passed against the Bourbons,
was ultimately rejected by the Assembly by a majority
of 484 to 103.

lONIAN ISLANDS.
The Patris of Corfu states that on the 30th several
arrests took place at Corfu, and that after placing the
prisoners in solitary confinement their papers were
seized and underwent a severe scrutiny. The per-
sons arrested are MM. YeHanes, Pietro QurortAno, J.