The Sun.
London, England, 1849-08-11 00:00:00

TEE SUN, LONDON S:ATURDAY EVENING, AUGUST 11, 1840:

LAW INTELLIGENCE.
SECONDARIES' COURT, August 10.
(Before Mr. Secoudary POTTER.)
CRIN. CON.-13IINN C. CARTER.
This was an action to recover damages for criminal
conversation with plaintiff's wife.
Defendant having suffered judgment to go by default,
this was an inquiry to assess damages, which were laid
at I,OOOZ

Mr. PARRY said that the defendant, by not pleading,
admitted all the facts alleged in the declaration, and
under such circumstances it was generally unnecessary
to prove the adultery, but in this case, Mr. Bunn, the
plaintiff, instructed him to do so in order that the facts
might 9,Ppear on the notes. The object of the
plaintiff was not to obtain a verdict for
the sake of the money, but in order to take pro-
ceedings in the House of Lords to obtain a divorce.
The Learned Counsel then stated that plaintiff is a re-
tired licensed victualler, at present residing at Hurst•
terrace, Hoxton. What defendant was now, or where
he resided, he could not, say, but, in 1845, when the
offence took place, he was a man-in-possession in a
tavern in Bucklersbury under a levy by the sher ff.
Plaintiff was Married iu 1835, but it was soon discovered
that Mrs. Bunn was addicted to habits of intem-
perance, and a temporary separation took place,
but they again cohabited tegether till 1842,
when a deed of separation took place in which
plaintiff undertook to make her an allowance,
so long as she conducted herself with propriety.
It would be proved that in June, 1845, when defendant
was in possession at the tavern, Mrs. Bunn was also
there, and the connexion between her and defendant
there took place, and as he believed frequently when she
was in a state of intoxication. It was necessary to
observes that although the plaintiff had good reason to
suspert his wife, yet he had no means of obtaining legal
proof till five or six months age. The Learned Counsel
then called

Thomas Eggbear, a picture-frame maker, in Chapel-
street, Clerkenwell, who proved he knew defendant, who
was; in possession at the Albion. On one occasion he went
up stairs to speak to defendant, and on opening the door
ho saw the defendant and Mrs. Bunn together. (The evi-
dence here was quite conclusive.) Defendant followed
W,m, and told him not to tell Andrews or White. White
-was a sheriff's officer, and put defendant in possession.
Defendant used to boast of his connexion with Mrs.
Bunn.

The SECONDARY thought this evidence was sufficient.
Mr. PARRY said his client was anxious for the case to
be gone into, as it might be important hereafter.
Mr. W. H. White was called. Was a sheriff's officer,
and put defendant in possession. Mrs. Bunn was in
posnession under a bill of sale put in by Mr. Giddye, a
clerk to Messrs. Helmsley and Preston. He had
alien familiarities pass between defendant and plain-
tiff's wife. Witness cautioned him, and said
that it would get him (witness) into discredit,
and he wished he had not put him in posses-
sion.;
Defendant said " Never mind, it's all right.
Witness had frequently seen Mrs. Bunn intoxicated, and
had carried her up stairs. Defendant had also said he
had taken her up stairs when in that state, and made an
observation to the effect that an improper intercourse had
taken place between them on the occasion.
A Juror—Was she conscious at the times you have
seen the familiarities ?—I should say she was.
Juror—Did defendant know she was a married
woman can't say; she went by the name of Mrs.
Dunn.
Mrs. Elizabeth Taylor, of High-street, Harrow-on-
the-Hill, also gave corroborative testimony.
Several witnesses were then called, who said plaintiff
was a highly respectable and sober man.
The UNDER-SHERIFF summed up, and said that, per-
haps, defendant did not know that Mrs. Bunn
was a married woman, for she might have
been a widow, but in any way the defen-
dant's conch:et had been exceedingly improper, con-
sidering the situation ho had been in ; the facts were
clearly proved, and the question of damages was one
entirely for the jury, who, on the one hand, must take
care not to give excessive damages; and, on the other,
notwithstanding the circumstances of defendant, they
ought not to give small damages, so that if the case went
beore the superior Court it would be thought that the
jury had considered the case and thought it trivial.
The jury, after some consultation, gave a verdict for 501.

ASSIZE INTELLIGENCE.
WESTERN ClRCUlT.—Devizes, Aug. 9.

CROWN COURT.—(Before Mr. Justice dRE9SWELL.)
Rebecca Smith was indteted for the wilful murder of
Richard Smith, by administerigng to him a quantity of
deadly poison called white arsenic, on the Bth of June,
and on other days between that and the 12th of June, on
which day he died.
Mr. Slade and Mr. Lopes were counsel for the prose-
cution, and Mr. Haddon for the prisoner.
The facts of the present case were extremely simple:
—The prisoner was the wife of Philip Smith, a labourer,
residing at Westbury. They had been married 18 years;
she had beea the parent of 11 children; all of these
children, with the exception of the eldest, died in extreme
infancy. The prisoner, with her husband, had resided
for many years at Bratton, but about three years since
they removed to Westbury. The child Richard Smith,
whose death the prisoner was charged with having
caused, was born on the 16th of May in the present
year ; it was full-grown,and was a fine healthy boy ; itcon-
tinned well up to the 7th of June, on which day it became
sick, and on the 12th of June it died. Certain suspicions
having been raised in the minds of the authorities, the
body of the child was disinterred. The intestines were
then submitted to the investigation of two medical men,
who having found arsenic, the intestines were taken to
Mr. Herapath, the eminent chemist of Bristol, and he
found solid arsenic in the stomach, and from the ap-
pearance of the stomach the medical men were clearly
of opinion that the death had been caused by arsenic,
and, as the child was not more than three weeks old, it
was evident that the poison must have been administered
to it by some one, and it must have been given at
different times; the important question then arose by
whom was the arsenic administered? Before her con-
finement the prisoner had asked at different houses for
p Ason, which she stated she wanted to destroy mice.
Pereons who livel in the prisoner's house stated that
they had never seen or heard of rats or mice there, nor
had they heard the prisoner complain of them. n the
25th of May the prisoner sent for a girl of the name of
Caroline Mackey, and wanted her to go to Mr. Taylor's,
the chemist, and buy a penny worth of poison for her;
the girl's mother, however, would not suffer her to do so,
and thy: girl did not go. On the 7th of June the
prisoner saw a woman of the name of Prudence Mead,
and after some conversation the prisoner said she
wanted to buy a pennyworth of poison, but, as she could
not obtain it without a witness, she begged Prudence
Mead to accompany her to Mr. Taylor's shop, as she
said she had so many mice that she could not put any-
thing out of her bands for them. Prudence Mead accom-
panied her to Mr. Taylor's, and the prisoner asked the
apprentice for a pennyworth of poison. The apprentice
asked her what kind ? She said she did not know. He
took down a bottle of white arsenic, and told her what it
was. She said that was the kind she wanted. He said
it was a very dangerous thing. He put her one drachm
on a piece of paper. He then folded up the arsenic in a
white paper, and wrote upon it " Arsenic—poison" in
large letters. Ho then wrapped it in a blue paper, and
tied it up and gave it to her, and told her she must be
very careful of it, and be particular to keep it out of the
way of children. The prisoner said he need not be afraid,
as she was not going to use it herself; it was for her
sister at Bratton, who was infested with rats and mice.
The sister, however, stated that she had not asked
the prisoner to get any poison for her, though she
had rats and mice in the house. The poison
having been thus obtained, on the 7th of
June the prisoner returned home. The child
bad had some boils on its ears, but had been
otherwise well; but on the evening of the 7th of June it
was seized with vomiting, and was in considerable pain.
The child pined and on the morning of the 12th of June
died. Then some statements made by the prisoner were
brought forward. After she was taken into custody a
woman of the name of Ann Staples had the care of her.
She (the prisoner) told her that the girl Mackey had
told a great many lies about her. She had never asked
her to go for poison more than once, although the girl
had said she bad asked her to go three times. The pri-
soner then told Staples that she had bought the poison,
but had thrown it over the bodge going home, that she
had bought it for her sister at Bratton, to kill rats and
mice, but she had thrown it away because her child was
ill, and she thought her neighbour might say she had
given it to the child. Staples said that if she could
toll where she had thrown it, perhaps the police would
go and find it. The prisoner answered that they
could I lot find it, because she had thrown it into
the water at the tack of the chapel. She said it
was tied up in two papers of white and blue, and the
inside paper had " poison" written on it. Before the
child was taken ill, on the 7th of June the prisoner
asked several persons if they did not think the child
was " waiting," hut they said they thought it was per-
fectly healthy. The prisoner said it was very cross at
night. During the illness of the child the prisoner was
advised to have medical aid, but she said it was of no
use to so young a child. The prisoner was in a weakly
state, and had very little nourishment, being extremely
poor and badly off.
Mr. HADDON, for the prisoner, addressed the jury, and
urged upon them the improbability of a woman speaking
to so many persons about poison who had the intention
to murder her own offspring—a circumstance of itself so
unnatural that it could not be believed unless proved by
the most clear and cogent evidence. He also urged upon
them the absence
Mr, Ju„,tice of motive.
jury with his usuItaSSWELL summed up the case to the
The jury retired tiobility and care.
return, the Foreman sr ar fan hour, and then on their
It is our painful duty to pre-
nounce the prisoner Guilty, but we strongly recommend
her to mercy.

What ground, gentlemen?
Mr.JustiCe CRESSWELL w
Foreman—That she may haventircha
u the black cap
Mr. Justice CRESSWELL having
e to
t. repent, n
proceeded to pass sentence on tahnedypzTer:
xottoguusurry have
Smith, an intelligent, patient,
found it their duty to return a verdict
you upon a charge of the most awful kind one Subjectgi
'lSt
can commit against another. Murder must, under all
circumstances, be a dreadful crime, but I want words to
express the horror of i: when perpetrated by a mother
against her own offspring. There may be unhappy in-
stances in which the feelings of a mother are stilled-by
Ur. overwhelming sense of shame which may induce her
to put away her child in the desire that its existence
may never be known. We have had dreadful instances,
in which avar;ce and the desire of gain has led to the
same fatal result. But it is new to me to have to in-
quire into a case in which a mother has been proved by
evidence most conclusive to my mind, to have sacrificed
her own child for no traceable motive, but that of saving
herself the trouble and the charge of maintaining it. It
is, indeed, an awful crime—one which may well call for
repentance, which the jury have laid as a fOligdatioll for

a recommendation to mercy. That recommendation
will, of course, be forwarded to the proper quarter;
bat I cannot bold out to you the smallest hope that
it will be attended to. The law allows a certain time
for repentance end preparation for that dread trial
which takes place hereafter than you have unde-gone
before an earthly tribunal. The law allows that, and
I cannot apprehend that the insufficiency of that—
if it be insufficient, can be considered a sufficient
ground for allowing a person guilty of so awful a
crime to escape the last penalty of the law. I should
only mislead you, and turn away your thoughts from
repentance, if I held out to you the slightest hope that
your sentence will not be carried into effect. It is my duty
to impress upon you the certainty that the last penalty
of the law will be inflicted,—that within a short time
your career will close, and then you will have to account
for all the deeds you have done here, and I impress
upon you the necessity of attending to the admonition
and instruction of the chaplain of the gaol, to whose
care you will be hereafter committed. It is not for me
to point out what you have to dread or what you may
venture to hope as to futurity; that is his duty. He
bears a sacred commission so to teach, and so to alarm,
and so to comfort, as may best discharge the functions
imposed upon him by his holy office. I entreat you to
indulge no false hopes. Do not imagine you can escape
the cons,quences of the deed you have done, for it is
necessary, for the security of the public, to award that
the extreme punishment should be inflicted when so
dread a crime is distinctly and satisfactorily proved.
Remember, that in a few days your life must go, and
then you will commence an existence, for good or for
evil, to endure for ever. To the instruction of the
chaplain, then, I recommend you. His Lordship then
, passed sentence upon the prisoner, who throughout
, evinced not the slightest feeling.
The court was crowded almost to suffocation. There
were many ladies of the county in court.
During the proceedings, at one answer given by a
witness, there was a general laugh, upon which his
Lordship remarked, that the barbarous curiosity evinced
upon this occasion was sufficiently disgusting without
such grossly improper conduct being exhibited.

NORTHERN ClRCUlT.—Cumberland, Aug. 4.
LIBEL CASE.—COWEN V. STEEL.
This was an action for libel brought by Robert Cowen
Esq., against Mr. Steel, the proprietor and editor of the
Carlisle Journal, for a certain article published cm that
paper on the 23d February last. The declaration set
forth that the publication of that article had " damnified"
the plaintiff in his business or profession as a " consult;
ing engineer"—and he claimed damages to the amount
of 1,0001.
tanWainilkri.nisimanowd
IMesr;c4lT.en.t,hattnnkd
maprp.ecaroewdliftlogr
t ho
reMptrhi aeSi nde trei :tree
nant
;a
dn.
fMr. UNTIIANK having briefly opened the pleadings,
.
Sergeant WILKINS said—My Lord and Gentlemen of
the Jury, I have the honour in this case to appear before
you on behalf of the plaintiff, and I am sure few events
in his life have caused him more pain than that which
has rendered it absolutely necessary for him to come into
a court of law—not to put money in his pocket—not to
seek to make a market of his reputation, and to
dip deeply into the purse of his opponent, but merely
for the purpose of setting himself right before the world,
having no more than a proper and righteous regard for
his own reputation, as well as for the dignity of the
offices which he is called on to fulfil. He has come be-
fore you to-day with great pain to himself; to ask at
your hands compensation for the injury he has sustained,
but he has a higher object in veiw—to submit his con-
duct to the fullest investigation, in order that he might
be set right before those whose good opinion is as dear
to him as life. Even now—at this stage of the proceed-
ings—before I enter into topics which may have a ten-
dency—though I will guard against it as much as pos-
sible—to widen the breach which has unfortunately been
made between parties, and to increase the feelings which
in my opinion ought never to have existed, and which
my client is anxious should subside—l am instructed to
say that if the other side will only do him the justice
to which he is entitled—if they will only acknowledge
that in the heat of the moment, in the strife of party feel-
ing, they have been led to state that which, on reflection
they cannot justify—he has instructed me to say that he
is anxious no further disclosures should be made, or no
statements entered into which might disturb the peace
and tranquillity of his neighbours. And I will go
further, and say, that from what I have known, heard,
and read with regard to this transaction, there is nothing
my client is more anxious for than to be at peace with
even those who have attacked him, and co-operate with
them in public measures they may engage in for the
public good. All he asks is that they should do justice
to him, and that done, he does not ask for a single
farthing beyond that which is necessary to pay the ex-
penses of bringing the case hero to clear his character.
If that is accepted, I think it would be best for all parties,
because he is perfectly aware of the talents, he is per-
fectly aware of the worth, he is perfectly aware of the
influence in society which the gentleman who is defendant
in this action properly and righteously exercises in this
town, and he believes that if they were united, and past
angry feelings forgotten, they might co-operate for the
public good—and those virulent attacks which have
been repeated week after week might be forgotten—and
these who had hitherto been enemies without cause,
might, with good cause, become friends, and the city of
Carlisle rejoice at it.
Mr. KNowLEs—I really don't know what nay
Learned Friend means.
Mr. Sergeant WILKINs—If they will withdraw the
imputations contained in the article in question, and
admit that in the heat of party feeling they stated things
which sober judgment will not justify, that is all my
client asks and is anxious for.
(Here there was a consultation for a few minutes be-
tween the counsel and solicitors in the case.)
Mr. Sergeant WILKINS—I am instructed further to
state that they have put an entirely wrong construc-
tion on anything Mr. Cowen has done. lie has repeated
over and over again, and he repeats it now—he never
meant to cast the slightest imputation on Mr. Steel,
or those who act with that gentleman. When he found
fault it was not with their integrity or honour,
for he believed them to be men of integrity and honour,
and only thought that as a man engaged in scientific
pursuits all his life he might impugn their judgment in
those matters without offending them or subjecting him-
self to the charge of arrogance. He never meant to re-
flect on their honour or to impute improper motives to
them.
The JUDGE (to Mr. Knowles)—What do you say to
that?
Another consultation took place between the parties,
after which,
Mr. Sergeant WILKINS resumed—l am happy to state
that we have come to the arrangement I suggested,
which, I have no doubt, will add to the respectability
and honour of all parties. I am quite sure that Mr.
Steel, whom my client has always regarded as a very
talented and respectable member of the Corpora-
tion of this town, will do him equal justice, and
say that Mr. Cowen is far too well known for any
person to believe that he came here for the sake
of money. There is one part of this libel which
requires some little explanation. It is that which im-
putes to my client a deliberate intention of burning a
deed in which the municipal interests of Carlisle are in-
volved. The facts are these. There had been for some
years a gas company in this city, and the charges which
that company made for gas to the consumers had become
a subject of complaint. The consequence was that in
1845 a new company was projected, but it was thought
that Carlisle was not large enough to admit of two com-
peting companies, and a number of gentlemen came for.
ward, entirely and exclusively for the benefit of the
town, and proposed that the shares of the old company
should be purchased and put into the hands of trustees,
and that these new trustees should carry on the gas
works for the benefit of the town, and hand over the
profits to the corporation. It did so happen, however,
that five persons held out and would not agree to that
arrangement, and ultimately they filed a bill in
Chancery. It was then feared that the parties who
had become trustees had violated the original deed,
that the whole affair would be undone, an immense
amount of money expended in vain, and the town which
it was intended to benefit very much injured. Mr.
Cowen and a gentleman with him met a third person in
the town, and this became the subject of conversation.
The gentleman who was with Mr. Cowen said it was a
pity that the deed was not destroyed, whereupon Mr.
Cowen, without for one moment seriously intending what
he said, remarked "it was a great pity it was not
burnt." lie never thought more of the expression; he
entirely forgot it; but a political opponent conveyd it
to Mr. Steel, and led Mr. Steel to put an interpretation
upon it that was not exactly correct. This is the real
'history of that affair. No one will suppose tbat Mr.
Cowen seriously contemplated to destroy the deed, for in
'the first place he could not benefit himself a farthing by
it. It was merely a mode of expressing his regret that
anything should stand in the way of the interests of the
city at large. With regard to other portions of the libel,
I presume there will not be a moment's hesitation on the
part of my Learned Friend in retracting all that has been
said on that point in as far as anything has been said
that trenches on the reputation of my client. There
is another part of the libel which I shall shortly refer to.
It is that portion of it relating to the Mary port deed.
Some time ago that topic was introduced into the paper
by Mr. Steel, and Mr. Steel introduced an article the
following week stating that it had been so introduced
without his knowledge, and that he believed Mr. Cowen
incapable of any such dishoeourable conduct. What-
ever Mr. Steel has been led to think, I am sure there is
no men in Carlisle who thinks more highly of him than
Mr. Cowen, the plaintiff in this action. And it is a great
pity that two men who, by their conjoined efforts, have
it in their power to do so much good to this city, should
be at so much variance with each other. They have
both engaged in local politics—which, no man who re-
gards his own happiness but avoids—and in a moment
of anger both may have said what sober reflection can-
not justify. But whatever Mr. Cowen has said or
written, he instructs me to say that he never in his life
intended to cast the slightest imputation on the honour
or integrity of Mr. Steel. And presuming that Mr.
Steel deserves the high opinion that Mr. Cowen enter-
tains of him, I am sure that after this he will guard
himself with vigilance with respect to Mr. Cowen.
oinryMl rh a lrj(nuser ody ea et
Friend,t se after
Ihe nef
essltaaitde—m bound,
nI yt
and
i.Lord, and gentlemen
to meet him in the same spiritin whuisctsho does
It does appear, from the
explanation of my Learned
Friend, that my
made
e h amtsoym3c.
eoltiueutti s
by
client_ might mistake the meaning of
those particular words with reference to burning the
deed. My Learned Friend has stateds., what the language
likelyw tt s a and ly afterclient
mistake
scannottak
the hem tett to say that it is
.those words.
Having so amply declared that in an-othf
client ever wrote or said he meant not toI rienifectthoanttli the
honour of Mr. Steel, lon my part entirely withdraw
any-
thing in that publication which may seem to Mr. Cowen
to reflect upon his honour.
A verdict was then taken for plaintiff. Damage; 40,.

NORTH WALES ClRCUlT.—Chester. Aug. 9.
"Br` • Mr. B P- )

CROWN COURT.—(Before _Aron I.'ea.Tr
This morning William Thompson, aged 32, and John
Morgan, aged 17, were placed at the bar charged with
forging a certain die made to resemble a one shilling bill
or note• stamp, contrary to the 55 George 111., c. 184,
sec. 7, which was provided, made, and used for the pur-
pose of expressing and denoting a stamp of that value,
with intent to defraud her Majesty the Queen.
Mr. Welsby and Mr. Jervis appeared for the prosecu-
tion, and Mr. M'lntyre, for the prisoners.
It appeared from the evidence adduced that in the
early part of May a discovery was made that forged
stamps had been issued, in consequence of which Mr.
Jacobs, solicitor in the Stamp-office, and Mr. Half hide,
engraver of dies to the Stamp-office, visited Liverpool.
They there inspected the stock of stamps in the pos-
session of Mr. Mawdsley, stationer, Castle-street,
and found amongst it three forged 85. 6d. bill-
stamps, which were marked with sympathetic ink
by Mr. Halt hide. The prisoner Morgan, was an ap-
prentice to Maudsley, and lived with his stepfather, the
otber prisoner, Thompson, at Tranmere, on the Cheshire
side of the Mersey. There being some suspicion excited,
a search-warrant was obtained, and the house in which
the prisoners lived was searched. In the bedroom of
Thompson, which was also used apparently as an en-
graver's workshop, was found en electrotype battery in
full operation, on the pole of which was being deposited
the die of a 55. stamp. In other parts of the room were
found a die of a is. bill stamp, formed by means of the
electrotyping process; in a thin drawer, in a piece of
mahogany formed so as to appear like the top of a chest
of drawers, were found twenty-five forged stamps, with
the printing forms used by Mr. Maudsley, and a copying
press, in which was a piece of wood indicating the mode
in which the impression of the forged dies had been
made. There was also discovered a number of articles
tending to show the guilt of the prisoners. Evidence
was then tendered to show that the prisoner Morgan, in
consequence of the confidence reposed in him, had
abundant opportunities of substituting the forged stamps
into Mr. Maudsley's stock, and taking away from
it
either the value of which they purported to be in
money or in genuine stamps.
The stamps having been proved to be forgeries by Mr.
Hunt, deputy supervisor in the stamp department, and
the case on behalf of the Crown having closed,
Mr. WINTYRE objected to the indictment
on the
ground that the section of the Act under which it was
framed had not been fully complied with. The section
itself merely created certain duties, which were set forth
in the schedule of the Act, and as this schedule was not
recited in the indictment it was incomplete.
The Learned JUDGE overruled the objection, being
most clearly of opinion that it was unnecessary to recite
the schedule of the Act in the indictment.
Mr. DPINTYRE then addressed the jury in behalf of
the prisoners, contending that the prisoner Morgan was
merely acting under the influence of his step-father,
without any guilty knowledge of the forgery, and so far
as both were concerned the evidence was not sufficient
to bring home beyond doubt the charge of forgery.
The Learned JUDGE summed up the evidence, and the
jury, after a short consultation, found the prisoners
Guilty, but recommended Morgan to mercy.
Mr. JERVIS said there were three other indictments
against the prisoners, but, unless his Lordship wished,
he did not think it necessary to proceed with them.
His LORDSHIP thought it was not necessary, and sen-
tenced Thompson to 15 years' transportation, and Mor-
gan to one year's imprisonment and hard labour.
CHARGE OF ARSON.

John Cook, aged 22, was placed at the bar on an in-
dictment charging him with wilfully setting fire to the
farm-buildings of Mr. Thomas Hollingshead, at Newton
in this county.
Mr. Davidson appeared for the prosecution, and Mr.
M•lntyre for the prisoner.
It appeared from the evidence adduced that on the
night of the 16th of April, about eight o'clock, the pri-
soner called attention to a fire issuing from the out-
buildings of the prosecutor, the result of which was the
destruction of property of considerable value, including
some cattle, corn, and the buildings. The evidence to
fix the guilt of the prisoner was of a purely circumstan-
tial nature. A day or two before the fire he had guar
relied with the prosecutor, his master, after which he
remarked to a fellow-servant that something would
happen before long. This was the day before the fire,
and a few minutes before it broke out the prisoner bor-
rowed a box of Lucifer matches. He was then seen to come
from the spot whence it first appeared, go into the
house, and immediately direct attention to the fire. The
other servants immediately attempted to put out the fire
and to get out the cattle, several of which were saved;
and it was asserted that all would have been saved, but
the prisoner walked about and refused to render the
least assistance.
The jury found the prisoner Guilty, and ho was sen-
tenced to fifteen years transportation.

THE CHARGE OF BIGAMY
AGAINST LOLA bIONTES.
The followine, account of the proceedings in the
divorce of this ladye' from her husband, Captain James,
taken from the official document in the Consistory
Court of London, dated on the Ist session of Trinity
Term (to wit), Tuesday, the 31st of May, 1842, will
be interesting to most readers
(Before the Right lion. S. Lusimaarom.)
" JAMES V. JAMES.
" The libel which sets forth the cause contains the
articles instituted by the proctor of Thomas James, Esq ,
against Eliza Rosa Anna, otherwise Eliza Rosanne,
otherwise Eliza James, of the parish of St. Mary, Isling-
ton, in the county of iliddlesex and diocese of London,
Sec., and in support of which the following evidence was
adduced.—
" The Rev. John James, whose depositions were taken,
are as follow :—I am, and for the last ten years have been,
vicar of the parish of Rathbigg in the county and
diocese of Meath. I am brother of Lieutenant Thomas
James, party in this case. He is belonging to the 21st
Regiment of Bengal Native Infantry, and is, as I believe
at present in India. On the 23d day of July, 1837, I
solemnized a marriage between my said brother and a
young lady (with whom I had been acquainted only a
tew days previously) of the name of Eliza Rosanna Gil-
bert. My brother at such time was I believe a bachelor,
and I believe Miss Gilbert to have been a spinster (save
a clandestine marriage which was reported to have been
previously had between them, but of which I have no
certain knowledge). The marriage which I then solem-
nized between them was had in virtue of a license under
seal of the Consistorial Court of Meath. There were
present at the said marriage, besides myself and the said
parties, my wife, and my nephew, Mr. Young. I read
the marriage service, and duly pronounced the said
Thomas James and Eliza Rosanna Gilbert to be lawful
husband and wife; an entry of such marriage was then
made and signed by the said parties. My brother and
his wife immediately after their marriage went to Dublin,
where they lived in lodgings in Westmoreland street,
Dublin. I have reason to believe that in the autumn of
the year 1838 my said brother and his wife proceeded to
India. My brother has not been in England or in
Europe since his departure in 1838. I received a letter
from him about three months ago (the depositions being
taken on the 24th of October, 1842).
" Mr. Browne Roberts, on his oath, saith—l was
formerly in the East India Company's service, and after
retiring from it I remained several years in India. I
was introduced by Colonel Watson to the plaintiff. He
jtshlaerms.eJsa
was then in the Bengal establishment. I subsequently
step-daughtervens.t t
oM rn d Jamesoiat Majorin ilnBf 78cm. ed me that his wife was
returned to Europe, and while at Dublin I met Mr. and
Me
vre.n
iannjle
of the
ta2an2kdde ofsca said
retghbear February, afhremy ,hr
asld.B ;bale
James
neMsaoj raOignieihe
Mo
arrival
bu
yl l
Majortcelledo
m c
India.
on
gi
e.
to me,l
writtenn Major
' herM'Mullen
was then informed that Mrs. James had arrived, but that
she had declined to avail herself of the hospitality of
Major M'Mullen. I subsequently called at the Imperial
Hotel, Covent-garden, and saw Mrs. James at breakfast.
I had a long conversation with her about the reports
which had reached me, and endeavoured to induce her to
place herself under my protection, but which she declined
doing, and I never saw her afterwards.
" Mrs. Eiizibeth Walters, of the Imperial Hotel,
sworn, saith—On the evening of Sunday, the 21st of
February, 1841, a gentleman and lady arrived at the
hot( 1 in a hackney-coach, having with them a great deal
of luggage; some of the portmanteaus had on them the
name of Mr. T. Lennox, and others the name of Mrs.
James. I inquired of the lady whether one or two bed-
rooms would be wanted, to which the gentleman an-
swered cne bedroom, and the lady added, We want
only one bedroom.' They were then shown into a sit-
ting-room which had a bedroom. The same gentleman
and lady supped together. I cannot depose that I actu-
ally saw the said lady and gentleman undressed or in
bed. They were only charged for one bed. On the
following morning Mr. Lennox paid the bill and went
away. I afterwards saw Major M'Mullen and delivered
his message to Mrs. James; she replied that she should
not go. She also told me on the same day that Mr.
Lennox was gone to see his parents at Bognor. After
admitting her name to be James, sho said she
was going to marry Mr. Lennox. Mr. James, after
Mr. Browne Roberts had called on her, left, and went
to Great Rider-street, and upon seeing her there, she
said that she was expecting Mr. Lennox every minute.
" Mr. Richard Walters, the husband of the last wit-
ness, after giving corroborative evidence, said, in ad-
dition, that Mrs. James informed him that she had
come from India with a Mr. Lennox in the ship Lar-
kins, and that she was about to be divorced from her
husband.
"Mrs. Ann Martin, formerly of 7, Great Rider-
street, St. James's, on her oath, saith, that Mrs. James
occupied lodgings in my house for about a month. She
desired my maid servant, in my hearing, not to admit any
one up stairs to her except Capt. Lennox, and on the
following day a gentleman who gave his name as Cap-
tain Lennox called, and was shown up stairs. He was
in the daily habit of visiting Mrs. James. He frequently
came as early as nine o'clock in the morning, but he did
not remain later than midnight. I am not aware that
Captain Lennox ever slept there. The rent was partly
paid me by a cheque signed by Captain Lennox, and by
Mrs. James.
" Mrs. Sarah Watson—l am the sister of Lieutenant
T. James. Mrs. James returned from India in the
month of February, 1841. About two or three months
previously I received a letter from my brother, dated
Calcutta, in which he informed me that his wife had met
with a tall from her horse, and was otherwise so out of
health that her return to Europe was necessary. My
brother also informed me that he bad written to Mrs,
Rae, in Edinburgh, to come to England to protect, to
receive, and take charge of his wife, Mrs. Rae being
aunt to Mrs. James. Alter being informed of what had
occurred, I called, and saw Mrs. James at Great Rider-
street, when I informed her that I had been made aware
of her having passed a night at the Imperial Hotel with
Mr. Lennox, besides other circumstances which had oc•
curred between her and him during the homeward
voyage from India, and pointed out to her the unutter-
able ruin that awaited her in persisting in such a course,

ar td endeavoured to persuade her to place herself under
th e 3 care of Mrs. Rae. My intreaties were ineffectual,
for she most positively declared, affirming with au oath,
titt friend of :tlajor Craigie's.
r. n
am the wife of Charles
itte s wouldn never s e
irn go to
_ anty
Iu
gram, who was the commander of the Larkins. I was
or board with him. I had no acquaintance with Mrs.
Jt :mes until she came on board the Larkins as a pas-
senger. She embarked at Calcutta the latter end of
St ptember, 1840, and was attended on board by her
st 3p-father and husband. Mr. James remained on board
svf.ch his wife after the ship got under weigh and until
the vessel had proceeded some distance down the Ganges.
Is was then proposed that Mrs. James should be placed
under the joint care of myself and husband; but it being
understood that a Mr. and Mrs. Sturges were also going
ps. s • sengera, who were friends of the family, she was
placed under their care. The Larkins touched at Ma-
dras, and there received Lieutenant Lennox, of the Ma-
dras Cavalry, as a passenger. Within a few days alter
I observed that the conduct of Mrs. James towards him
was very unguarded and flighty. Her general beha-
viour
was what is commonly called flirting. This inti-
macy soon allowed him to visit her in her cabin, As she
was not placed under our care we did not think ourselves
entitled to expostulate with her. I have repeatedly seen
Mr. Lennox and Mrs. James sitting on the sofa, his arm
being round her waist. Upon being remonstrated with
she replied that Ehe was her own mistress. I tound it
necessary to discontinue associating with her, and to ex-
clude her visitieg my cabin.
a me, Charles Ingram gave corroborative evidence, and
ina
as said—l have heard Mrs. James address Mr.
Lennox s dear Lennox,' whom she used to receive
alone in her cabin. He used to be there at very unwar-
rantable hours; they were alone together while the rest
of the passengers were attending Divine service on deck.
I have seen him with his arm rouild her waist while they
were sitting far aft on the poop late at night. I have
more than once spoken to her; she answered in a very
cool manner that she should do as she liked, and would
not be under the control of anybody. I saw no more
than violent flirting, which in a married woman I consi-
dered as very improper. Mrs. James and Mr. Lennox
landed from the Larkins at Portsmouth on the 20th of
February, 1841. Mr. James was not on board the vessel
during her voyage from Madras.
" Caroline atlarden, servant to Mrs. Ingram—l was
on board the Larkins; I have more than once seen Mr.
Lennox lace Mrs. James' stays. I have also seen him
kiss her. I have also seen Mrs. James in the act of
putting her stockings on while Mr. Lennox was in her
t cabin. It was a general remark on board that they
were too intimate.

"Major M'Mullen, at great length. gave evidence as
to the intimacy of himself and Mrs. James' step-father,
and of his offers to protect her until she went to Edin-
burgh, but which offers she refused."

The above is the material part of the evidence which
Mr.Toker, the proctor, adduced in support of the libel ;
the cause of the delay in instituting the proceedings
arose from the great difficulty that existed in serving
Mrs. James with the usual notice, and when served, and
while the proceedings were going on, she was cited to
appear.' She was also called when the Learned Judge
was called upon to give his judgment, but not putting in
or making any answer, the libel was admitted, and the
divorce as prayed for granted in the usual terms.

BAPTISM OF THE HON. AND REV.

B. W. NOEL.
(From the Christian Times.)
The Hon. and Rev. B. W. Noel was baptized on
Thursday evening, in the Rev. Mr. Evans's Chapel,
John-street, Bedford-row. As might be expected, the
chapel was crowded long before the ceremony com-
menced. After a hymn had been sung, the Rev. Mr.
Shepherd, Mr. Evans's co-pastor, read the latter part
of the Bth chapter of the Acts, beginning at the 25th
verse. Prayer was then offered by the Rev. Mr.
Morris. Mr. Shepherd delivered an introductory
address ; and another hymn having been sung,
Mr. NOEL entered the pulpit, and said—Having
been asked, my brethren, to address a few words to
you on this occasion, I gladly avail myself of the
opportunity of speaking a few words on this particular
point—why a person who is unbaptized should be
hiptized, after having made a profession of faith in
Jesus Christ in other ways, and perhaps for many
years. I have not come to the resolution to obey
what I believe to be Christ's command without having
fully weighed the grounds upon which that step
is to be taken. Without having read anything
whatever in favour of the exclusive right of believers
to Christian baptism, I have read all the strongest
arguments that I could meet with upon the other
side. I believe I have weighed well every
considerable argument that has ever been adduced
in the maintenance of infant baptism as an addition
to, and which evidently becomes a substitution for
the baptism of believers in Christian churches ; and I
have come distinctly to these two conclusions, which
appear to me, at least, to be certain. I will not speak of
the convictions of others, but I speak of the conviction
of my own mind, after very much examination. It:ap-
pears to me to be distinctly proved, first, that baptism,
as ordained by Christ, is an immersion in water—a
being buried in the water; and, secondly, that im-
mersion is meant to be a profession of faith in Christ.
If these two conclusions are correct—and I believe
they will completely prevail with the Christian world
eventually—then it follows that a person who, like
myself, has only been sprinkled in infancy is unbap-
tized, because such a person has neither been im-
mersed, nor has he made a baptismal profession of
faith, and these two things constitute Christian bap-
tism. So that, if these conclusions are correct, then
I, and others, who have been only sprinkled in in-
fancy, are in neither sense baptized. Should we, then,
after having, professed our faith in Christ at the
Lord's table, at many times, come to this, which is
the initiatory rite of Christianity, and begin again a
profession of faith in Him ? These are the reasons
which have led me to conclude so for myself, and
which have lcd, I believe, some of my brethren and
sisters, who are about to be baptized, to the same
conclusion. In the first place, there is no instance in
the New Testament of any person unbaptized, after
the institution of Christian baptism by our Lord,
coming to the Lord's table ; and, therefore, if we
should continue to attend the Lord's table without
being baptized, knowing that I'm-10-baptism is not
the baptism appointed by Christ, we should be doing
contrary to all the precedents of the New Testament.
In the next place, Christ has required a baptismal
profession of faith. It does not appear to me to be
sufficient to say that we have confessed Christ in
other ways. That may be true ; but there is no
reason why one confession of Christ, appointed by
Him, should be taken as the substitute of another
confession, appointed likewise by Him; and, there-
fore, as He has said to us, as well as to others, " Re-
pent and be baptized for the remission of sins, and ye
shall receive the Holy Ghost ;" "He that believeth and
IS baptized shall be saved ;" therefore, he requires
from us a baptismal profession of faith, as well as a pro-
fession of faith in other ways. This has been so clearly
seen by the Churches of Christ in genera], that it is not
only those which are called "Baptist Churches," but
all the churches, who refuse to admit to the Lord's
Supper or into church membership any whom they
consider to be unbaptized. If a man—for instance,
one of the Society of Friends—has been a consistent
Christian for years, has followed the Lord diligently
and zealously, has done good by his pen and by his
preaching, and is welcomed by all persons wbo re-
joice in seeing the work of the Spirit as a thorough
Christian—if that person should come to recognise
that the sacraments are still obligatory, and that he
should come to the table of the Lord, there is no
church that would receive him unbaptized. Neither
the Roman Catholic, nor the Anglican, nor the Pres-
byterian, nor the Independent Churches would re-
ceive such an one, unbaptized. And, therefore, the
fact of his having made a profession of faith in other
ways has not appeared to any of the Churches of
Christ as a reason why an unbaptized person should
not, at any point in his heavenward course, be bap-
tized when he comes to recognise his error. Our
blessed Saviour has set us an example in this matter.
At the age of thirty, when he was known by all who
knew him to be devoted to God—when His whole lite
was a profession of devotedness, not in the least re-
quiring baptism as an expression either of repentance or
of faith—when John was baptising converts, because
the kingdom of heaven was at hand, summoning men to
believe in Christ as the Saviour about to appear—then it
was that Jesus, not certainly needing to be baptized unto
faith in Himself, and needing no repentance, was yet at
that age baptized, after long years of piety. This He
did because He would honour the ordinance of God, not
needing it Himself, but with a view to the welfare of
others and the honour of God. He was therefore bap-
tised. The Hon. and Rev. Gentleman proceeded with
his discourse to some length. On these grounds, it had
seemed to him to be his duty not to shrink from a pub-
lic acknowledgment of Christ's authority, but with his
brethren around to be baptized, to acknowledge that He
has a right to our subjection.
After singing, and prayer over the pool, Mr. Noel,
and thirteen others, six of them females, were baptized
in the usual manner by the Rev. Mr. Shepherd.

HINTS TO GROUSE SHOOTERS.--" The flight of
grouse is generally about half a mile. A grouse will
drop suddenly, when out of sight of the shooter, on some
hill side, perhaps forty or fifty yards from the highest
part. Nine times out of ten the grouse alights on a
hill side slanting from the shooter, or, in other words,
on that side of the hill, or ridge, or sloping ground,
which is farthest from the shooter. It is useless to at-
tempt to range the whole of a moor—the sportsman's
time will be much better occupied in traversing the same
ground over again and again, assuming he knew how
to choose his ground. When ranging a moor with
which he is totally unacquainted, the best thing he can
do is to walk along the brow or side of a hill (for nearly
all moors are either mountainous, or broken uneven
grcund) keeping about forty or fifty yards from the
summit of any rising ground; not only broods but single
birds alight more frequently in such a situation than ia
any other, especially after being disturbed. Much time
is lost in ranging flats and extreme heights of hills and
ridges. Tho side, under the wind, of these lesser
hills, which on nearly all moors is intersected by
rivulets, and which has a pretty good covering
of young heather, is the very best line of range that can
be recommended, care being taken to keep within fifty
yards from where the declivity commences. By winding
round the hills in this manner, the shooter does not
fatigue himself near so much as by continually crossing
the ravines and climbing directly up the hill."—From
the livd and the Gun ; by Wilevn and ()Weigh.

MARKET INTELLIGENCE.

(Prom th© London New Price Current, Aug, 10.)

SUCAR.—To- day a good business was concluded in
the West India Sugar market, and stiffer rates are paid
for both grocery and refining sorts. The purchases
amounted to 570, making for the wet k 2,900 hhds, &c.,
and the advance in prices for that time has been 6d per
cwt. The market closes with a firm aspect for Colonial
Sugar.
DEFINED.—To-day Refined goods were in excellent
demand by home dealers, and in the market there was
much firmness; brown lumps realised 495, and fair
grocery 49s 6d to 503. Bonded crushed is less wanted,
and 29$ to 293 6d per cwt is the present value.

MAtrumus.—This afternoon Mauritius Sugar was in
increased request, and the public sales of 2,454 bags
went at 6d per cwt advance; middling and good yellow
realised 37s 6d to 38s 6d, and low 563 to 37s per cwt.

EAST .INDIA.—This aft, rnoon Bengal Sugar did not
realise higher rates at the public sales of 2,000 bags, but
all sold; good white Benares at 4Cs to 40s 6d, ordinary
38s to 38s 6d, damp .and washed 373 6d to 38,,, ordinary
and middling yellow &is to 36s 6d, good 37s to 383,
strong white 43s to 465, fine 47s to 48s. Of Madras
900 bags went at 32s to 34s ler soft yellow, and low 31s
to 31s 6d.

MOLASSES —West India has been operatic' in with
caution, and a eesire is shown to sell Antigua at 18s 6d
to 19s 6d, St. Lucia, St. Vincent's, and Demerara at
IGs Gd to 17s Gd p(r cwt. There is rather a larger stock
than last year, but deliveries are upon a larger scale.
East India Treacle is not much in demand, and can be
obtained at 15s Gd to IGs. Honey is held with more
firmness.

FOREIGN.—To-day there was no public sale of Foreign
Sugar, and by private treaty little business was done,
but holders are firm, and refuse to tell at lower rates.
The private sales of Foreign Sugar for the week are a
cargo of white Havannah at 35s 3d, one of yellow Cuba
at 20s 3d, and small parcels of other kinds at the rates
quoted.
COFFEE.—This afternoon there was a much better
demand for all sorts of Ceylon, and at the public sales of
360 casks 1,670 bags, prices advanced 6d for Native,
and Is to 2s per cwt for Plantation; the rates obtained
were 35s 6d to 36s 6d for good ordinary Native, Plan-
tation, fine 70. to 775, middling and good 54s to 635,
low middling 508 to 535, fine fine ordinary 46s to 495,
and fine ordinary 40s to 45s per cwt.
Cocoa.—West India continues only in limited request,
and there is a fair supply at market; still, lower rates
have not been acceded to this week. Of 720 bags 50 brls
Trinidad at public sale, a small part only sold at from
40s to 43s 6d for ordinary and middling, fine and
good red at 44s to 475; 19 bags common Dominica sold
at 37s 6d per cwt. There has been little inquiry after
Foreign, and at auction 138 bags Bahia were taken in at
29s for fine bright red, whilst the value of inferior is
26s 6d to 28s 6d. The tendency of prices is to recede
ou account of a large stock.
TEA.—Public sales are declared for Tuesday, and the
quantity announced is 16,000 pkgs, still there has been
a brisk demand for all kinds of Congou this week, and
stiff rates are paid ; ord and good ord at 81d to 9d,
mixed blackish leaf lld to Is Op, ditto strong is Id to
Is 3d, fine and Pekoe flavour is 4.1 to Is 10d; on the part
of holders there is also firmness. Green has been dealt
in with more freedom, and most sorts have realised
stiffer rates.

RICE.—To-day full rates were obtained for East India
Rice, but there was not much business concluded. At
public sale 2,143 bags Malabar were sold at 8s to 93 for
pinkey white, and at 7s 6d to 8$ for cargo; the demand
went at from 63 6d to Bs. Of Bengal 6,000 bags were
offered, when the chief part was taken in at full rates;
middling to fine white 9s 6d to lls per cwt. 391 tins
Jamaica Arrowroot sold at 7d to is Id.

SAGO.—To, day at public auction 200 bags and 33 chts
were sold at 203 to 20s 6d, and one lot at 18s per cwt.
SPICES.—To-day at auction 184 bags of Pimento went
at 4i-d to 4id for sound, arid at 3'—ad to 4d for damaged;
55 bars Jamaica Ginger 71 to 8118 s per cwt, and inferior
31 7s to 5153

SPIRITS.—East India Rum has been dealt in with
caution this week, and sellers are ready to accept is 3d
to is 4d proof. The business concluded in Leeward
Island have been of little moment, and is 40 to
Is 5d proof. The rates asked for Demerara are
2s to 2s 3i for 30 to 40 per cent over proof.
Fine Jamaica sells freely for all purposes, but the lower
kinds have been dealt in with caution by shippers and
home dealers; sellers are also ready to accept former
rates. The value of 20 to 29 per cent over proof is
from 2s 2d to 2s 6d, 30 to 36 over 2s 7d to
3s 3d, and favourite marks 3,4 d to 4s. The value
of Havannah is is 2d to is lid proof, but there are
few buyers. Brandy continues in lively request. We
quote Cognac best brands of the vintage of 1848 at 3s
10d to 4s, 1847 ditto 4i 4d to 4s 6d, 1846 ditto 5s Gd to
5s Bd, 1845 ditto 53 8d to 5s 10d; inferior marks 2s Gd
to 3s 10d, and Bourdeaux 2s to 2s 2d. Geneva ordinary
at is 9d to is 10d, and fine home trade kind 2s 3d to 3s
3d. For arrival several parcels have been sold. British
made Spirit is still firm at 9s Bd, and Gin at 8s to 8s 6d
for 17 and 22 per cent, under proof.
FRUIT.—At public sale on Tuesday 21 butts 08 taro •
teels 152 barrels Patras Currants, ex Goddess, 31 butts
10 caroteels Ithaca Currants, slightly damaged, and
2,314 boxes 1,489 half-boxes Valencias were offered.
A few lots only of the Currants sold at and after the
sale; butts, fine quality, 395, caroteels and barrels taken
in at 41s to 425. low and middling qualities selling from
33s to 345; the Valencias were all taken in at 40s; by
private contract a fair business in Currants, at this
season of the year, has been done at rather lower prices
than quoted last week. Valencia Raisins are also is
per cwt. lower this week, the price for fine new qualities
38s to 395.

COCHINEAL.—There has been an improved demand for
all sorts, and former rates are well supported, indeed black
Honduras fetched rather more money. At public sale
205 bags were nearly all sold. Mexican silvers at from
3s 6d to 3s 81, black, 3s 7d to 3s 11d; Honduras black
3s 8d to ss, and silvers 3s 8d to 4s 2d per lb.
SALTPETRE.—TO-day several parcels of rough were
sold by private treaty, and at stiff rates. At auction 302
bags of Madras went at 27s for 94 per cent refraction,
and not refracted at 26s per cwt.
INDIGO.—There has been a fair business concluded in
East India this week, and the rates paid are equal to
those of the last quarterly auctions, indeed in some cases
a small advance has been paid. On the part of holders
there is firmness. Spanish has realised full terms.
TALLOW.—To-day the public sales of Tallow went at
very lull rates; 1,487 pkgs South American were mostly
sold at 30s 6d to 395; 300 casks of Sydney 33s 3d to 38s,
and 24 pkgs of Cape 35s 6d to 40s 6d per cwt.
Oins.—There has been little disposition evinced to
make purchases in Cod, and prices are on the decline
ruling from 271 to 271 10s. Seal is not much wanted,
and holders are inclined to sell; pale went at 321
to 331, straw and tinged 301 to 311, yellow and brown
281 to 29/ 10s. For Southern lower rates were
accepted, and on the part of exporters or home
dealers little desire was evinced to sell. There are
sellers of low to mid at 27/ to 281, and good to fine 29/
to 31/. To•day at auction 450 pkgs Cocoa Nut Oil only
in part sold at 32s 6d to 36s 6d, whilst 60 tuns of Sperm
went at 79/ to 791 5s per tun.