The Sun.
London, England, 1849-07-05 00:00:00

MARY RUSH, DECEASED.

Dr. ADDAMS said the testatrix was the wife of the
late James Bloomfield Rush, who had made himself no-
torious by being an actor in the late wilful murders at
Stanfield Hall, Norfolk. The testatrix made a will in
1844, and died in 1848. Rush proved this will and also a
codicil, purporting to be that of the testatrix. The
will bequeathed the property to the children, nine in
number, but the codicil gave it to Rush, and made him
sole executor. The Learned Advocate said he applied to
the Court to set aside the probate granted to the codicil,
as being a forgery, and not the writing of the testatrix,
the application being made by Mr. John Soames, who
was guardian of the children, on the affidavit of Emiily
Smdford, who was subscribing witness to it. The affi-
davit stated that it was written after the death of the
testatrix, by direction of Rush, and attested by thorn
both. He (Dr. Addams) felt the position the Court
was placed in, to be call, d on to revoke a former act
upon ;he evidence of such a person as Emily Sandford,
but he hoped the Court %%ould take into its consideration
the situation of the younger children, and that the party
making the affidavit could have no interest in asserting
an untruth. _

The Learned JUDGE thought be could not act without
some furthi r evidence to prove the signature was a for-
gery. He must, therefore, direct the motion to stand
over until he had some corroborative evidence.

WESTMINSTA,I* COIJNTY COURT.
(Before D.C. MOYLAN, E,q., Judge.)
PIRACY OF CRUIRSHANH'S " TOOTH ACHE '—ROGUE V.
ELLIOTT.
This was an action brought by David Bogue, pub-
lisher, of Fleet-street, to recover from the defendant,
Mary Elliott, a publisher of Holywell-street, damages
for the infringement of the copyright of a work entitled
" The Tooth-ache, imagined by Horace May hew and
realized by George Cruikshank," of which the plaintiff
was the proprietor.
Mr. English appeared for the plaintiff and Mr. Roberts
for the defendant.
Mr. ENGLISH stated that his client sought protection
against the piracy of the work in question, " The Tooth-
ache," under the sth and 6th Victoria. He should show
the plaintiff to be the proprietor of the work; that it had
been duly entered at Stationers'-hall, and that he had
suffered by the infringement of the copyright.
The JUDGE said the right was not in the publisher,
but in the author. The plaintiff must show that the
work was assigned over to him.
Mr. ENGLISH said he was prepared to prove the plain-
tiff's possession of the copyright.
Mr. James Brownless, chief clerk to the plaintiff,
stated that Mr. Bogue was the registered proprietor of
the work. He engaged Mr. Horace Mayhew and Mr.
George Cruikshank. the former to write, and the latter
to illustrate the work. Witness knew the extent of the
sale of the work. Of one edition, plain, at Is. 6d. per
copy, 3,000 were sold; and of another, coloured, at 3i.
per copy, about 1,500 more. The sale fell off consider-
ably shortly after the pirated edition of the defendant.
(The witness produced the original and the imitation,
both of which were banded to the Judge.) He went
into the defendant's shop himself, and purchased the
pirated edition. The defendant told him at the time that
it was not an original work, but that it was copied from
another, published in the Man in the Moon, at 2s. Wit-
ness knew that it had never been published in the Man
in the Moon. There was no pretence for supposing that
the work had been copied from anything but the plain-
tiff's publication.
Mr. ROBERTS, on the part of the defendant, submitted
that the plaintiff must be nonsuited. The work was not
registered until the very day the action was commenced.
The entry at Stationers'-hall should have been made
before the action was brought.
The JUDGE expressed himself of the same opinion,
but thought technical objections not the best way of
meeting the case. He suggested an arrangement between
the parties.
An arrangement was then made, by which the de-
fendant was to give up the blocks of the pirated work,
and the plaintiff to cease all proceedings.

CENTRAL CRIMINAL COURT.
OLD CoI,RT.

(Bpfore Mr. Justice COLTMAN and Ar. Justice MATJLE.)
Mary Ann Hogden. 34, a married woman, was in-
dicted for the minder of her female child by drowning it.
The pris.myr was arraigned before Mr. Bullock at the
sitting of the Court, and a Flea of Not Guilty was re-
corded.

Mr. CLARKSON, upon the Judges taking their seats.
applied to their Lordships to have the plea of Not
Guilty erased from the indictment, upon the ground that
the prisoner was not in a tit state of mind to plead, or
to understand what she was called upon to answer. The
Learned Counsel said that the trial was postponed from
the lust session in order to give an opportunity for the
production ot evidence of her insanity, and he had wit-
nesses in attendance to prove that fact, hut if their
Lordships would hear the evidence ot Mr. M'Murdo,
the surgeon ot Newgate, upon the subject of the pri-
soner's present cum: hien, he apprehended that they
would consider it unnecessary to proceed further with
the inquiry at present.
Mr. Justice COLTMAN, having made some inquiries,
and referred to the Act ut Parliament having relation to
the subject, ordered the plea of Nut Guilty to be erased,
and directed that a jury should be impanelled to dispose
of the question of the prisoner's sanity or insanity.
Mr. M'Murdo, the surgeon of Newgate, was then ex-
amined upon the voire doire, and in answer to questions
put to him by the Court, he expressed his opinion that
the prisoner was at the time insane, incapable of under-
standing what was going forward, and incompetent,
therefore, to plead to the indictment against her.
The Learned JUDGE having briefly explained the
nature of the inquiry to the jury, they at once returned
a verdict in accordance with the opinion of the surgeon,
and Mr. Justice Coltman directed the prisoner should
be kept in safe custody until she should be in a fit state
of mind to take her trial.

Wm. Anstead, 32, clerk, was indicted for feloniously
forging and uttering a cheque for 631. 135., with intent to
defraud the London and Westminster Bank.

Mr. Bodkin and Mr. Law prosecuted; Mr. Parry was
for the prisoner.

The offence imputed to the prisoner appeared to have
been committed in a very ingenious manner. It ap-
peared that some years ago he had been known to
Mr. Vokins, a coal-merchant at Pimlico, but he had
been lost sight of since 1645, leaving an account unpaid.
On the 21st November in last year the prisoner made
his appearance at the counting-house of Mr. Vokias
after banking hours, and having introduced him-
self to him, expressed his willingness to pay his
debt, at the same time giving an order for coals to the
amount of 21., and he produced a cheque for 181.,
upon Messrs. Cox and Greenwood, and Mr. Vokins
gave him the difference in gold and a cheque upon the
London and Westminster Bank for 3/. 13s. The cheque
appeared to have been drawn in a very careless manner,
the word three being written at some distance from the
margin, and the first letter being a small " t", instead of
a capital, and the cheque being altered by the word sixty
being placed before the three, it was presented in that
shape to the bankers, and was paid with four 10/. and
four 5/. notes and cash. The cheque was presented by
a woman, who was evidently acting in concert with the
prisoner, for immediately after the cheque was paid the
q greer portion of the notes which were the produce of
it were traced to his possession.
Mr. Justice MAME, in summing up the case to the
jury, said that although the cheque in question had cer-
tainly originally been drawn in a very careless manner,
yet if the jury should be of opinion that the prisoner had
made the alteration in the amount, or had caused it to
be presented, knowing that it had been altered, he
would, both according to the letter and the spirit of the
law, have rendered himself amenable to the charge of
orgery.
The jury returned a verdict of Guilty, and the pri-
soner was proved to have been on a previous occasion
convicted of felony.
He was sentenced to be transported for ten years.
(Before the COMMON SERGEANT.)
Sarah Mills, why was indicted with a person named

Hansel! for conspiracy, in endeavouricg to extort money
cr,vnw gentletnAn. nava by ri %AA', wt to eT
libc 11;:221 manor conceiniog him 'in the Satirist pews-
pap-T. was yesterday plaeed et tnu b.tr to plead.
There wa, au against the s',,aue varties
felony, arising out of the smile transaction.
'Mr. PARRY, who appeared for Hansen, applied to
have his trial postponed until the next session, on the
ground that he was in such a bad state of health that it
would endanger his life if he were to take his trial at
this time. _ _ _

Mr. BALLANTINE, who appeared for the prosecution,
said he believed tho statement of the c..ndition of the
defendant Hansel! was quite correct, and, thtretore, he
could not oppos- the appiicadon.
The defendant Mills pleaded "Guilty" to the indict-
ment for misdemeanour, and " Nut Guilty " to the
charge of felony.
Mr. CLARKSON, who appeared for this defendant, said
he wes requested on her behalf to offer a most humble
and sincere apol gy to the respectable prosecutor for the
act she had committed. He at the same time said he
believed there was very little doubt that the defendant
had been made the instrument of a more guilty party,
and under these circumstances he trusted the Court
would pass as lenient a sentence as the justice of the case
would admit ot.

Mr. BALLANTINE said that the defendant was charged
jointly with a per-on named Hansel!, who had the
management of a newspaper called the Sutirist, with
endeavouring to extort money from Mr. Bevan, the
prosecutor, by threatening to publish libellous matter
concerning him in that journal. He was instructed to
state that the prisoner was known by the prosecutor to
have been formerly in a respectable position, and that her
friends and connexions also filled a position of respecta-
bility, and he believed that the prisoner when
she first applied to the prosecutor for money was
driven to do so by the pressure of poverty. Those ap-
plications were not paid any attention to, and the defen-
dant, there was very little doubt, had alter this got into
the hands of Hansen, who had made use of her to turther
his purpose of extortion, and from this time a series of
most brutal attacks had been made upon the character of
the prosecutor in the journal in question. The prose-
cutor, however, believed that the defendant Mills was
merely a tool in the hands of the other person, and
he was therefore desirous to recommend her to the
merciful consideration of the Court. With regard to
the charge of felony, he should refrain from offering any
evidence.

The COMMON SERGEANT, in passing sentence, said
that he thou.! ht the defendant had been very well ad-
vised, and had acted most properly in pleading guilty, as
the only atonement in her power. The Court, however,
had a duty to perform, and he did not know of any
more serious offence, or one that was more likely to
create misery in families, than this of endeavouring to
extort money by threatening to make charges of a dis•
graceful character. Taking into consideration, however,
that the defendant bad pleaded guilty, and that Mr.
Bevan had recommended her to mercy, the sentence
would be much more lenient than it otherwise would
have been, and that was that she be imprisoned for six
months without hard labour.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET.
Mary White, an elderly woman, was brought before
Mr: Hardwick charged with manslaughter, by cutting
the throat of her husband, Peter White, with a knife.
Charlotte Tucker deposed that she was a single wo-
man, and occupied the second floor front room, at N 0.15,
Hertford-street, Fitzroy-square. The prisoner and her
deceased husband lodged in the front parlour. About
nine o'clock on the night of the sth of June witness was
in her room, when she was alarmed at hearing screams
of murder issue from the front parlour, accompanied
with the breaking of glass. She looked out of the win-
dow and saw several persons about the door. She then
ran down stairs, and when near the bottom she heard
the deceased say, "For God's sake mike hate down,
for my wife has cut my throat." She tried to open the
parlour door, but did not succeed, in consequence of its
being locked inside. She then wont to the street-door
and sent a lad for the police. The prisoner and deceased
frequently quarrelled, and witness had seen the deceased
strike the prisoner several times. She never heard the
prisoner make use of any threat towards the deceased.
Golst en, 85 E. said that about twenty-five minutes
past nine on Tuesday night. the sth June, his atten-
tion was called to 15, in Hertford-street, by the cries of
Murder and police." The parlour-door was fas-
ten% d; he got in at the window; the room was
in darkness, and he heard a man say, "My
wife has cut my throat." He then opened the door
and let his brother officer in. They got a light, and
found the deceased standing up in the room near to the
door, and bleeding verytnuch from a wound in the throat
The deceased said, pointing to the prisoner, " My wife
has cut my throat." She was standing up near the fire-
place, and said " He (the deceased) has struck me three
times, and then he got the razor to cut my throat. I
wrenched it from his hands, and drew it across his
throat." Witness then took deceased to the hospital,
and the prisoner was taken to the station by the other
constable.
Wilby, 77 E, corroborated the evidence of the last
witness, and in addition stated that on searching the
room he found the knife now produced covered with
blood.
Mr. Henry Searle Guys said he was house-surgeon
at the University Hospital. On the night of the sth of
June, about half-past nine, Peter White was brought to
the hospital. He appeared faint from the loss of blood
which had flowed and was still flowing from a wound in
the throat. The wound was two inches and a half in
length, and In depth nearly an inch, injuring, but not
severing, the windpipe, He lingered until Sunday, July
Ist. The immediate cause of his death was inflamma-
tion of the lungs, but the primary cause was the wound
in the throat. Such a wound would be inflicted by the
knife now produced.
The depositions made by the deceased previous to his
death were then put in and read, and the prisoner was
committed to take her trial for manslaughter.
W OR S HIP-STREET.
MURDEROUS Ou'rnedE.---Mr. S. Joseph Coe, described
as a person in independent circumstances, was charged
before Mr. Hammitt with having cruelly maltreated his
wife, who was so seriously injured that some doubts are
entertained of her recovery.
Police-constable 315 K stated that at three o'clock
that morning his attention was attracted by an uproar
in front of one of the houses in New Somerford-street,
Cambridge-road, upon reaching which he found a lady
lying in a state of insensibility in the gutter, with no-
thing on but her night dress, and surrounded by several
persons, one of whom pointed out her husband as bay-
ing reduced her to such a condition. Having secured
the prisoner, who was standing a few paces off, he as-
sisted the others in conveying the lady to her bed-room,
and the family surgeon was at once sent for, who pro-
nounced her to have been so dreadfully injured about
the head and abdomen that it was impossible at present
to form an opinion as to her recovery.
Mrs. Maria Reynolds, landlady of the house where
the occurrence took place, stated that the prisoner and
his wife bad for some time occupied her furnished draw-
ing room and other apartments, and that at a late hour
on the preceding night the former returned home in a
state of partial intoxication, the first intimation they had
of his arrival being his hurling a stone through his
wi'e's chamber window. The door was opened as
quickly as possible, and the prisoner proceeded to
the bed-room, but he had only been there a few minutes
when witness was alarmed by the sound of blows
and loud screams from the wife, which were almost
immediately succeeded by a heavy fall upon the floor.
Witness instantly hastened into the room, where she
found his wife I) ing upon the ground, and the prisoner
standing over her, with one of his hands entangled in
her hair. Witness succeeded with some difficulty in
extricating her from his grasp, tend wus supporting her
to a chair when the prisoner made a violent attack upon
his wife, and atter striking her repeatedly in the face,
knocked her back into the chair, when she became
stupified, and sthilst witness was attending her, he struck
her three or four other blows with such force that she
was reduced to a state of complete insensibility. The
prisoner then retreated down stairs and went out, and
after the lapse of a consklerable interval she succeeded
in restoring the injured woman to consciousness, and
supported her down stairs with the intention of protect-
ing her in her own bedroom for the rest of the night;
but upon reaching the passage the prisoner returned to
the house, and immediately commenced a third attack
upon his wife, striking her repeatedly till she again tell
in a nearly senseless state in the passage, when he kicked
her violently on the lower part of her person. She was
raised from the ground by the witness, and staggered
out into the street, but upon reaching there instantly fell
down in the kennel, and remained there till the arrival
of the constable.
A certificate was handed up to the bench from Mr. B.
Shaw, surgeon, of the Cambridge-road, which described
the lady as suffering from serious injuries inflicted upon
the head and abdomen, and declared her to be in a state
which precluded the possibility of her removal.
When called upon for his defence, the prisoner said he
had been out for some hours, and that on, his return his
wife, who was of a very jealous disposition, accused him
of passing the evening with some other woman, which so
greatly exasperated him that, after some words between
them, and he being in a state of intoxication at the time,
he certainly struck her, but had no recollection what-
ever of having either beaten or kicked her in the exag-
gerated manner described by the landlady on the second
occasion.
Mr. EIA.3IMILL said it was a most serious case, and
after the evidence he bad heard as to the condition in
which the lady then was, he felt it his duty to remand
the prisoner upon the charge; but would consent to ae
cept substantial bait for his future appearance—the pri-
soner himself in 801. and two sureties in 401. each, with
48 hours' notice to inquire into their sufficiency.

RAILWAY btiAith MARKETS.
LIVERPOOL, JULY 4.

STOCK EXCHANOT.—There was a fair amount of business trans-
acted to day, and prices were firm. The sales are—Lancashire and
Yorkshire (31. and L.), Quarters, 51,6 dis.—Ditto, Fifths, 735. 9d.
dis.—Lancaster and Carlisle, Thirds, par—Lancaster and Preston,
Quarters, 121A—London and North-Western, 13031—Ditto, New
Quarters, 3% p.— Manchester, Sheffield, and Lincolnshire, Prefer-
ence, 11/. Bs. 9d.—Midland, Halves, 12% dis.—North Staffordshire,
4/. 115. 3d. dis.— Shrewsbury and Birmingham (It), 41,6 dis.—South-
Eastern and Dover, 20%—Ditto (No. 2), 14% dis.—York, Newcastle,
and Berwick (G. N. E. Purchase). 6 per cent. till 1850, 3/. 16s. 3d.
dis.—York and .North Midland. 30—Dutch Rhexish, dis.
MANCHESTER, Juav 4.

STOCK EXCIIANGE.—The transactions to-day were as follow:
Leeds, Fifths, 3•i dis.—North Statiordshire, 4 dis. —West Riding
Union, 4;54 dim

YORK, JULY 3.

STocK Excnarmr.—The transactions to-day have been as fol-
low : Great Northern, 101. Gs. 3d.—North British, Quarters, 3%
Ditto, Preference, 2%- North Staffordshire, 18—Sheffield, Rotherham,
and Gooie, N. Div., guaranteed 5 per cent., 10% —York, Newcastle,
and Berwick,.(G. N. B. Purchase), 4%.