The Sun.
London, England, 1847-09-28 00:00:00

14, IiONDON, TUESDAY EVEWIN6, SPEPTENBER 111 lei 71

delivered upon a delivery order to a person named
Needle.

surgeon ; but the latter upon his arrival, pronounced
it then to he dead.

Mr. Robert Booth, of Budge-row, auctioneer, said,
a person whom I believe to Holliday called upon me
with a card upon which was written, " Gardner and
and Co., Pancras lane." He said he wanted to bor-
row 1001. upon some t•ols. I told him I never ad-
vanced money except in case of a public sale. He
said he would send the goods, and he went away Be-
tween 4 and 5 o'clock on that day there were two
casks and a large case brought by the same person,
and I sent my sons to look at them, and offered to
lend him 401. upon them, and I gave him 201. in
cash and a cheque for 201. accordingly. On the 10th
of August he came again, accompanied by a gentle-
man whom I believe to be Cusell. and who had the
appearance of a foreign Jew. He said he wanted the
goods, and asked me what I would charge for ware-
house room, as he wanted to take them away. I said
two sovereigns ; as I had advanced 401., in all 42/.
The money was paid, and I put the tools into a ham-
per and craze, which I lent to them, and which they
returned.

Josephs corr )borated the preceding witness's state-
ment ; and Mrs. Frances Nathan, a lodger in the
same house as the prisoner, deposed, that while in her
own apartment, below that occupied by the prisoner
and his daughter, who lived together in one room, and
the latter of whom she had noticed lately to be
very far advanced in pregnancy, she heard a noise
of great confusion in the room overhead between
6 and 7 o'clock on Saturday morning, and hearing
the male prisoner shortly after going up and down
stairs, as if procuring something for his daughter,
she went to her window, and on looking out saw
the prisoner cross the yard to the watercloset
with a pail in his hand, and in a few minutes re-
turn with the pail empty. As soon as he had gone to his
own room the witness also went into the yard, and
distinctly traced srots of blood all the way down the
stairs and along the passage and yard to the water-
closet, the seat ef which was much stained in a
similar manner. Upon the alarm being afterwards
raised of the child's body having been discovered, the
witness directed the attention of the prisoner's daugh-
ter, who was looking out of window, to the stains of
blood in the yard, when she rapidly withdrew her
head, without making any observation, and pulled
down the sash. _ _ _

Cross-examined—l verily believe Cusell to be the
person who accompanied Holliday.
The fact of the receipt of the goods at the Custom-
house wharf, and the subsequent delivery of them to
a carman who conveyed them to the premises of Mr.
Booth, in Budge-row, was then proved.
George Roberts, carman, stated that two persons,
one of whom was Cusell, hired him on the 3d of
August. They accompanied him to Mr. Booth's
premises, Budge-row, and helped him to load his
cart with hampers, a case, and a crate. Cusell then
accompanied him to Messrs. Johnson and Day's pre-
mises in Eldon-street, Finsbury, where he unloaded.
Holliday did not go with them. Cusell seemed to be
in a hurry.
Mr. J. Johnson, calenderer and packer, in partner-
ship with Mr. John Day, of No. 23, Eden-street,
Finsbury, said—On the 10th of August, about half-
past five o'clock, I heard of some goods coming, and
about six o'clock they came, and I helped to unload
them. Cusell was with them, and they remained at
my warehouse until the 21st of August, and in the
meantime we received orders for the goods to be in-
spected, signed "H. Cusell and Co. I afterwards
delivered these goods to Mr. Cranch (Mr. Bond's so-
licitor) I saw Loup the same evening the goods
came in. He came with a Mr. Dejough, who
looked round and said, " Is this all that you have
got ?" They came directly after the goods were
brought. The goods came to us loose. Cusell was
gone before Loup came in with Dejough. Loup said
we were to take care of the goods, and not let
them get rusty, and keep them dry. He did
not say what he had to do with the goods.
He seemed to know the tools at once. I saw Loup
again next morning, when we sorted out the tools
ready for inspection. Loup brought a person to
look at them. We told them they were not then
ready to be looked at, and we made an appointment
for three o'clock. The person who came with Loup
came about that time, and Loup eame in while he
was lookit g at them ; and we showed the goods, and
Loup was looking at them with him. Between the
10th and the 2lst I saw Loup repeatedly ; but I don't
recollect whether Loup spoke about the goods. He
came popping in as an old friend, but did not come
about the tools. He did not tell me that he had ad-
vanced anything upon the tools. I should have re-
collected if he had. I saw Cusell, for whom I was
holding the tools, but he did not bring any one to look
at them. _ _

Two witnesses deposed to an interview with the
prisoner's daughter, in which she avowed her own
criminality, and declared her father's ignorance of
her condition ; but Sergeant Price, through whose
intelligence and perieverance the circumstances in-
volved in the case were brought to light, and who
caused the prisoner's daughter to be removed, in
nominal custody, to the infirmary of the White-
chapel Union until she has recovered, informed the
magistrate that at the next examination he should be
able to produce several witnesses who would conclu-
sively establish the case against both the prisoner and
his daughter.
Mr. Meares, the divisional surgeon, stated that he
had ascertained upon examination that the prisoner's
daughter had given birth to a child within the last
two or three days, and, having since seen the infant
discovered in the water-closet, was perfectly satisfied
that it was of mature age and growth, and had not
been long deposited in the place where it was found;
but whether it was born alive or not, he was incapable
of stating until he had performed a pest mortem exa-
mination of the body.
The prisoner," who did not offer any defence, and
maintained an obdurate silence throughout the pro-
ceedings, was ordered by Mr. HAMMILL to be re-
manded for a week, to afford time for the completion
of the evidence.

Cross-examined by Mr. Vansandau, for Loup—
Loup appeared to me to be interested in the tools.
He is in the habit of coming into our place, and he is
not a man who interferes with any business that is
not his own. I have known him 29 or 30 years, and
I believe him to be a respectable man. I never heard
anything against him He is a commission agent.
There were other goods in our house in which Loup
was interested. I cannot say whether Mr. Loup
showed the person who was with him those other
goods.
Mr. Huddleston--What sort of goods are those
other goods in which Mr. Loup was interested ? Wit.
ness—They are grey cottons and prints. They be-
long to Messrs. Hewetson and Co., of Winchester-
street. They are returned goods from abroad.
M. Huddleston—When did you receive them ?
Witness—About two months ago ; they are still on
our premises.
Mr. Huddleston here stated, that information had
been received from an authentic source to the effect
that Gardner and Holliday had obtained goods to the
amount of 1,0001. from a house in Scotland, and it
was most desirable that the goods at Messrs. Johnson
and Day's, in which Loup was said to be interested,
should be examined.

The Loin) MAYOR gave directions accordingly,
and Mr. Johnson willingly undertook to show the
goods.
Upon the return of the person sent to examine
the goods alluded to, his Lordship was informed
that they were not part of the property obtained from
Scotland.

Charles Proctor, a porter, said—ln August last
Loup, whom* I have known about twenty months,
told me he had not time to look after the tools him-
self, but if I knew any one who would buy them, I
could do so, and I mentioned Mr. Buck's name to
him ; and I took Mr. Buck to Messrs. Johnson and
Day's, to look at them. Mr. Loup carries on busi-
ness at 32, Aldermanbury,now. I never saw Gardner
and Holliday before.
Cross• examined for Loup—l never heard anything
to the disparagement of Loup. I belonged to a
highly respectable house in the Old Jewry, in which
Mr. Loup had the whole control and management.
I was employed, under Mr. Loup, to find purchasers
for goods.
Kibblewhite, a City policeman, said—When I went
to serve the summons upon Loup, to attend here in
Mr. Gray's case, he said it was the first time he had
had anything to do with Cusell ; and as for Gardner
and Holliday, he knew nothing at all about them.
Cusell is a next door neighbour to Loup.
Mr. Joseph V. Tucker, of Sun-street, Bishops-
gate, plane and saw maker, said—ln May last I went
to Gardner and Holliday's offices, and saw Gardner,
and told him I called respecting an order for tools. I
asked him where the tools were for, and he said they
_ _

were to go to America, but Mr. Holliday knew most
about it, and he was then engaged. I then went into
the inner office, and saw both of them together, and
they said they wanted tools for shipment. I asked
where for? Mr. Holliday said for Sydney, and they
gave me a list for 1271. worth of goods. I thought
the matter suspicious, as one of them said the goods
were for America, and the other said they were for
Sydney. I took the list, and I made out another list
and submitted it to them. In consequence of a mes-
sage I received I went to Johnson and Day's pre-
mises, and I saw a person there, and Mr. Johnson
said, " That is Mr. Cusell, there ;" but I only saw
his back.
Frederick Tucker, son of the last witness, said—l

called upon Loup, having heard that he had tools for
sale. He told me that he had, and he took me to
Messrs. Johnson and Day's premises to see them. I
asked him from whom he had got them, but I could
not get it out of him. He said he had got them to
sell for a party. He said they were Tucker's make,
London make, and he believed they were very good.
They were my father's make, and I knew them to be
so. They had his name upon them.
Cross-examined for Loup—Loup did not ask me my
name.

Mr. Huddleston said, there was another case in
which Gardner, Holliday, and Cusell were implicated
previously to the first case entered into with respect
to Mr. Gray, who was defrauded of his ropes. The
case he alluded to was one in which Mr. Gray had
been defrauded of goods to the amount of 901., which
goods had been obtained, as the other goods had been
obtained, for shipment. A bill had been given, which
became due, and the answer returned was no assets.
The Learned Counsel, however, did not consider it
necessary to accumulate cases before the Lord Mayor,
as the prosecutor could avail himself of all additional
evidence in the several indictments which it might be
considered necessary to lay.
Mr. Vansandau contended that Mr. Loup, his
client, was by no means criminally affected by what
had been represented, as he had acted all through
merely
a
as the
th aat gtebnet
goodsof -A l r
b. a Cusell, übseeel
been
, andobt a withoutined
by anyan y
irregular
knowledgeimproper or means.
Mr. Huddleston submitted that quite enough had
been stated to show that a conspiracy had existed be-
tween the accused.
The LORD MAYOR said he was determined to send
the whole business to be decided before a higher tri-
bunal.
The defendants were then all ordered to be com-
mitted for trial at the Central Criminal Court.
His LoRDsHIP said he would accept of bail for the
following amounts :—Gardner 400/, and two sure-
ties of 2001. each ; Holliday 4001. and two sureties of
2001. each ; Cusell 2001. and two sureties of 1001.
each ; and Loup 1001. and two sureties of 1001. each.
Cusell and Loup procured bail; Gardner and Hol-
liday were sent to Newgate.
WORSHIP-STREET.
A middle-aged man, named George John Ilews?n,
described as a working jeweller, was charged with
having concealed the birth of a newly-born female
infant.
Patrick Curtin, a shoemaker, occupying a house in
Rosetta-place, Sandy's-row, Spitalfields, in the rear of
the street in which the prisoner lived, stated, that
upon going to his water closet between 10 and 11
o'clock on Saturday morning, he was shocked at dis-
covering the body of an infant partly immersed in the
soil, head downwards, and distinctly noticed a tremu-
lous motion of the limbs, which satisfied him that it
was alive. He immediately called to his neighbours;
and, having run for the police, found upon his re-
turn that the body had been got out and placed in a
tub of water, for the purpose of cleansing it, by a man
Josephs, who afterwards sent for an adjacent

PORTSMOUTH, PORTS' EA, AND RAILWAY INTELLIGENCE.
GOSPORT 110SPI l'A L. , WATERFORD AND LIMERILK.
PORTSMOUTH, MONDAY.—The foundation-stone of A special meeting of this company was held on
this institution was laid this afternoon, between 4 and Wednesday, at Waterford ; Mr. T. Meagher, M.P.,
5 o'clock, by the Prince Consort. His Royal high- in the chair.
ness arrived in the harbour at a quarter to 4 o'clock, , The SECRETARY read the report, which stated that
under the customary salutes and ceremonies, and the directors had examined the reports and estimates
landed at the Albert-pier, Portsea, where a guard of ; of the engineer for a deviation line from a point a
honour of the 52d Regiment, under the command of short distance above Carrick, passing on the south
Major Davies, Lord George Lennox, Mr. Grant, aide of the river Suir, and also one on the north,
chairman of the committee of management of the between Grannagh and the Kilkenny side of the
hospital ; the directors of the pier, and the heads of bridge at Waterford, with the estimates of the ori-
the naval, military and civil, departments, re- ginal line between Grannagh and the same point
ceived him, and conducted him in Sir Charles above Carrick. That there was no decided advantage
Ogle's carriage to the site of the new charity, in favour of one side or the other. Taking into con-
near All Saints' Church, and close--very much too sideration the general state of monetary affairs, they
close perhaps—to the tallow-melting and candle consider that the operations of the company should
manufactory of Messrs. Doudney. On arriving -be confined, in the first instance, to the completion
on the ground, his Royal Highness was re- and opening of the line from Limerick to Tipperary,
ceived by the local authorities, the Warden of Win- so as to have an early return upon the capital ex-
chester College, the Vicar of Portsmouth, the Rev. J. pended, which will require for the present all the
P. M‘Ghie ; and a large body of the clergy. Three means of the company ; and secondly, the purchase
cheers were given on the Prince ascending the plat- of the land and the prosecution of the works in ex-
form, which having subsided, the Mayor read an ap- tension to Clonmel, to ensure an uninterrupted traffic
propriate address to the illustrious mason, to which of fifty miles. They strongly recommend the share-
his Royal Highness replied as follows : holders to defer any decision upon the approach to
"I have received with much pleasure your address. Waterford until the next half-yearly meeting, being
I very willingly consented to lay the first stone of of opinion that the bridge formerly contemplated at
the hospital in your borough, for nothing can be Grannagh is impracticable, and therefore recommend
more gratifying to my feelings than to be able to pro- the proprietors to confirm its abandonment. That,
mote and encourage the useful and charitable insti- being within 3,0001. of having half the capital paid
tutions of the country ; and no audertakings can be up, the directors requested authority t borrow any
more deserving of such a description 'than those that portion of the sum the Act entitled them to raise.
provide refuge, assistance, and medical skill for suf- On the motion being made that the report be
ferers under the combined misfortunes of poverty and adopted, a discussion arose as to the necessity of'
sickness?' coming to a decision with respect to a north or south
The Warden of Winchester College then offered line from Carrick.
up a suitable prayer, and the stone was laid with the Lord GLENGALL said, there were advantages and
usual formalities ; and, after another prayer, his disadvantages at both sides, which left the subject
Royal Highness, with his cortege, left the ground perfectly doubtful to his mind. He saw much dif-
and embarked or Osborne in the Fire Queen steam- ficulty in going to Parliament for either of these
yacht. lines ; there was a movement in England opposed to
the passing of railway Bills. He did not think it
wise, in the present state of the money market, to
employ the engineers and staff to go to Parliament
at a time when their services would be wanted on the
line between Limerick and Clonmel..
Resolutions were passed adopting the report; aban-
doning the proposed bridge at Grannagh, and autho-
rising the directors to borrow 250,0001.
Thanks were voted to the Chairman, and the meeting
separated.

DONIZETTI THE COMPGSER.

This eminent man, whO, as our readers are doubt-
less aware, has been for a considerable time past
afflicted with mental derangement, is at present re-
siding, under the care of his nephew, in an asylum
near Paris. The following particulars, related by a
friend who recently visited him, will, doubtless, be
read with interest :—" The other evening we went to
pay a visit to poor .Donizetti. His nephew Andrea,
an amiable young man, devotedly attached to his
uncle, is unremitting in his attendance on the inter-
esting invalid. When we arrived, Donizetti was in
the garden, seated in a large armchair. He held in
his hand a bunch of flowers. His head was inclined
downward ; but his countenance was inanimate. He
seemed, as it were, to be dreaming awake. In the
garden a little parterre of verdure and flowers is re-
served for his use ; and on one side there is a mar-
quee, into which he occasionally retires to shelter
himself against the chilling breeze, or the scorching
rays of the sun. When we spoke to him, he gazed
on us with an expression of interest. It would ap-
pear that the sight of his friends created in his mind
a feeling of sadness, for I observed a tear glistening in
his eye. M. Ricordi spoke to him of Italy ; of his
native city Milan. Donizetti then half closed his
eyes, and an expression of deep melancholy
overspread his countenance. He seemed to say
within himself, " Pity me ! I am very miserable !" A
few moments afterwards he rose from his chair, and
we conducted him into the house. His nephew sat
down to the piano and sounded a few chords. Doni-
zetti then became more cheerful, and whilst his nephew
continued to play he marked the tune with his foot.
This fact leads me to hope that his case is not so des-
perate as was at first apprehended. Walking, or any
kind of motion, has a favourable effect on him. Riding
in a carriage seems to be the sort of movement which
agrees with him best. He has been taken out for
carriage drives about ten times within the last
month, and on none of these occasions did he manifest
the least fatigue or impatience ; on the contrary, the
excursions evidently afforded him pleasure. His
mental malady does not appear to have affected his
bodily health generally. His colour is fresh, and his
countenance has no trace of feebleness. His right
arm is almost totally paralyzed; but his legs, though
exceedingly weak, have not lost all their muscular
power. The seat of the disease is in the back of the
head, and the dorsal spine is affected. Medical science
daily accomplishes so many miracles, that, even
though Donizetti should never be perfectly cured,
we may still hope to see his present sad condition
greatly ameliorated.—From the Lady's Newspaper.

ULSTER.

The half-yearly meeting of this company was held
on Thursday, at Belfast; Mr. J. Goddard in the chair.
The SECRETARY read the report, which stated that
the traffic returns for the half-year ending 31st of
August were 22,1151. Os. lid., and the expenses of
working the line 8,3251. 12s. 9d., leaving a balance of
net profits of 13,7891. Bs. 2d. Out of this sum the
directors recommend a dividend of 245. per share be
declared, which will leave 1,3291. 16s. 2d. to be added
to the reserved fund. The directors congratulated
the company on the progressive increase of their traffic.
During a period of severe depression this railway has
Rot only maintained, but considerably added to, the
amount of its receipts in both departments of its trade.
Past experience, therefore, fairly warrants the expec-
tation, that when the railway was open to Armagh,
that a very large addition would be made to the
business of the Ulster Railway—an increase more than
commensurate with the outlay required to complete
it. By this extension districts of the country hitherto
comparatively unaffected by it will be brought within
its influences, and so long as Belfast maintains its pre-
eminence as a mercantile town this railway must
participate in its prosperity, Along with the increase
of receipts, particularly in the goods department,
there has keen an increase in the working expenses.
On comparison with the expenses of the previous
half-year this increase of expenses is not proportionate
to the increase of trade ; for while the expenses of
the previous half-year amount to 39f per cent. of the
gross receipts, those of the late half-year amount to
37f per cent. That there was a most unequal pres-
sure in the goods traffic, it having been necessary in
the spring to send out 'very frequently extra trains,
which increased the cost of working. The inconve-
nience, too, attending the alteration of the old line of
rails to the new gauge has also led to increased ex -
penditure. When the alteration has been com-
pleted, and a double line of rails thus available
through the whole distance, the luggage trains will
be able to run with the same regularity as the pas-
senger trains. The directors are informed by Mr.
Dargan that the extension to Armagh will be ready
for opening in the course of a very few weeks ; they
,are most anxious that net a single day should be lost
in opening this important addition to the line at the
present season of the year.
The engineer's report stated that the railway had
been worked with great regularity, and that the line,
the engines, and working stock of the company were
in excellent order; that the traffic had been trans-
ferred from the broad to the narrow gauge without
interrupting its regularity; that the alteration of
the old line of rails to the new gauge had been nearly
completed. The alteration of the old engines, to
adapt them to the narrow gauge, was in actual pro-
gress. Three of them have been completed, and are
ready for work. The line from Portadown to
Armagh was to be ready for opening in the first week
of November. _

The capital account to the 31st of July showed that
622,496/. had been expended on the railway.
The CHAIRMAN moved the adoption of the report,
which was seconded and agreed to. After which,
resolutions were passed, approving of the dividend of
245. per share; placing 3771. at the disposal of the
directors, as a remuneration for their services ; and
re-electing six out of seven retiring directors, and
electing one new director in the roam of the one who
retired.
The Rev. Mr. FITZGERALD made some observations
on Sunday travelling, and concluded by moving
" that it be discontinued in future." _ _

No one appearing to second the motion, it fell to
ground.
The CHAIRMAN said, in answer to a question, that
besides one train, morning and evening, on Sundays,
there was also a mid-day train ; that there was now
no more Sunday travelling by railway than there was
when the coaches ran along the road ; and besides
that the engines did not require so much brushing up
and cleaning as the horses. He considered that it
would prove a great inconvenience to the public if
Sunday trains were discontinued.
Thanks were voted to the Chairman, and the meet-
ing separated.