The Sun.
London, England, 1841-12-13 00:00:00

THE SUN, LONDON, MONDAY, DECEMBER 13, 1841.

LECTURES ON SCOTTISH SONG
AND MUSIC.
Mr. Wilson, of the Theatres Royal, delivered the
first of a series of Lectures on Scottish Song and Music
on Friday evening, at the Music-hall in Store-street,
Bedford-square.
The chief charm of the songs and music of Scotland,
said Mr. Wilson, was their undeviating and exquisite
simplicity. This was doubtless owing to the sources
from which they sprang. The shepherds of the hills
who first piped " upon the oaten straw or pastoral quill,"
and among the " bells sweet-jangled " of their woolly
flocks, first produced those simple airs which have tradi-
tiOnally descended to our times. Historic chronicles of
the earliest eras make mention of this primitive music,
and the Lecturer with candour observed, that while in
Scotland, melodies of a very ancient period floated early,
among their vales, England had been equally precocious,
and Gerald Cambrensis cited many instances of playings
upon harps and tabrets. Washington Irving remarked
that the Scotch song and music were marked by
" brilliant melancholy." Allan Ramsay had pressed
their flowers of melody with unequivocal delight
to his heart, and originated - many of them him-
self. Walter Scott pronounced them to be more
precious than " cairns of gold or gems of lustre."
Clerical puritanism has, in some instances, denounced
Scotch song and music, but hearty piety has in more in-
stances found religious exercises and devotions greatly
aided by it. The names of many great and excellent
clergymen could be recounted who had used it as their
best consolation. Of foolish excommunications against
it, a very old case of John Muir was in existence " for
that he in the Church had piped," &c. The said delin-
quent was cited before the Presbytery for his first
offence, and on its repetition was severely censured and
threatened with excomnrunication. One old clerical,
however, the Lecturer knew, who constantly hung his
watch in the evening about- his candle, that he might
sedulously play till the hands touched twelve. A short
time since, too, a clergyman of his acquaintance was
heard by his parishioners to be a player on the "fiddle."
His congregation were shocked, and accordingly waited
on their pastor to remonstrate on his heinous custom.
With difficulty they opened the cause of their call,
but at last made him understand about the " fiddle."
The reverend accordingly produced the instrument— a
fine robust old violoncello, and in their presence drew
some grand old church-music from its strings with his
bow. The testy religionists were charmed. " Hoot,"
said one, " it's a fine gorse fiddle, not a little kit that
they carry in their pockets for jigs ; it's a second fiddle ;
let him play on it on Sunday in the congregation."
The Scotch songs appear to have at first been mostly
national, intended to stir up courage against the foemen
of their hills and borders ; and it is a singular fact that
the language of the Engish and the Scotch lorimers
was almost the same. Love, the passion that sways all
ages and all breasts, was of course the creator of multi-
tudes ; Burns owned that it was from love that first he
" rhymed and sang." King James the Fifth of Scotland
is mentioned by English chroniclers to have been " the
prince and prelate of all harpers," and he was accounted
excellent of skill on the psaltery and organ.
• Scotch airs, it is singular to remark, are chiefly com-
posed by omitting the fourth and seventh notes in the
scale, 'by which also the music of Caledonia is found
very nearly to approach to the ancient Dorian of the
Greek Church music. James Clarke makes an observa-
tion that by playing only on the black keys of the harp-
sichord, a variety of Scotch tunes may be produced,
while another has said, in reference to their unsophisti-
cated simplicity, that an animal might produce them by
scrambling haphazard on the keys.
' Mr. Wilson now proceeded to illustrate his lecture
with a selection of songs and airs that laid claim to
equal antiquity and simplicity. His voice was heard
to great advantage within the limited compass of the
music-room. The sweetness of his tenor was sometimes
truly exquisite, and the finer intonations educed by his
songs were charmingly soft-and mild. " Thou'rt gane
away from me, Mary," was powerfully-toned in the
rising inflections of the voice, and winningly sweet in
the cadent movements. To the modern set of " The
Flowers of the Forest" some curious reminiscences at-
tached, and the
.words appear to have been composed on
the occasion of the breaking up of seven Lairds of Rox-
burghshire, all of whom became insolvent in a single
year : the ancient set of the same song, which was very
lugubrious of tone after the above, was found in
the Skene M.S. in the Advocate's Library at
Edinburgh, was the composition of one Hearers, who, in
the time of James 11., was a Clerk of Session, an office
held in later days by Sir W. Scott • it was discovered
in the Library by James Grahame, who after-
wards translated it for ordinary instruments, it having-
been originally noted for the lute. In the sequent song,
the repetition of the words " Wally, wally," was the most
pathetically exquisite expression in music that ear ever
heard. " Woo'd and married an a', " is a truly beauti-
ful thing, and the archness of mannerism and voice in-
fused into it by the singer gave great delight. The re-
fractoriness of the little maiden refusing to accept
" Johnny," having in expectation a brighter prize—the
chiding of her mother the gudewife—the half-surprise.
half-indignation of her father—the voice of "Johnny"
at her side, telling her of past loves and her " blinking
blue e'en"—her confusion and touched feelings like Cole-
ridge's "Genevieve," at length described as conquering her,
till " she blinkit sae sweet in his face," that Johnny
was blest and the marriage consummated. Bruce's well-
known address, the words of which are by Burns, was
sung by Mr. Wilson, with great power. It appears that
the war-tune to which it is set, was accompanied formerly
by other words, namely, " llow now day dawnes," which
Bishop Gawin Douglas and Dunbar mention in their old
histories. Mr. -Wilson proposed that in singing it as
no .v adopted, an improvement would be effected if the
fall at the end of the fourth line were sustained, but with
deference to the talented vocalist's judgment his emen-
dation appeared to remove the falling harmony which is
a great beauty. His execution of the song itself,
would rouse courage in stone ; it rang with defiance.
" Tak yer auld cloak aboot ye," in those intermediate
passages where the sweet, thin, tremulous voice of the
gudewife is advising, possessed an exquisiteness of tone
as it fell from the singer's lips, such as could not have
been expected from the voice of a male singer.
The two further lectures of Mr. Wilson, announced
for the 15th and 27th instant, promise from their Ivo-
grammes to furnish a yet richer treat to the lovers of the
science. Enhanced by the accompaniments of voice and
harpsichord, this delightful species of lecture cannot
fail to draw together crowded audiences.

ROYAL ACADEMY OF ARTS.
On Friday the 10th instant, being the seventy-third
anniversary of the foundation of the Royal Academy of
Arts, a General Assembly of the Academicians was held
at their apartments in Trafalgar-square, when the fol-
lowing distribution of premiums took place, viz:—
To Mr. Henry Le Jenne— For the best Historical
Painting, the Gold Medal, and the Discourses of the Pre-
sidents, Reynolds and West.
To Mr. William Calder Marshall—For the best His-
torical Groupe in Sculpture, the Gold Medal, and the
Discourses of the Presidentslleynolds and West.
To Mr. William Hinton Campbell—For the best Ar-
chitectural Design, the Gold Medal, snd the Discourses
of the Presidents, Reynolds and West.
To Mr. Frederick Stac-poole—For the best Copy made
in the Painting School, the Silver Medal, and the Lec-
tures of the Professors, Barry, Opie, and Fusili.
To Mr. James Price—For the next best Copy made
in the Painting School, the Silver Medal.
To Mr. James Gildenvie—For the best Drawing from
the Life, the Silver Medal, and the Lectures of the Pro- ,
fessors, Barry, Opie, and Faseli.
To Mr. Henry Le Jeune—For the next best Drawing
from the Life, the Silver Medal.
To Mr. George Nelson—For the best Model from the
Life, the Silver Medal, and the Lectures of the Professors,
Barry, Opie, and Fuseli.
To Mr. Henry Bayly Garling—For the best Drawings
of the South Portico of St. Paul's Cathedral, the Silver
Medal, and the Lectures of. the Professors, Barry, ()pie,
and Fuseli.

To Mr. Michael Angelo Wagernan—For the best
Drawings from the Antique, the Silver Medal, and the
Lectures of the Professors, Barry, and Fuseli.
To Mr. Alexander Davis Cooper—For the next best
Drawingi from the Antique, the Silver Medal.
To Mr. Henry Boyce—For the next best Drawings
from the Antique, the Silver Medal.
To yr. Thomas Henry Merrett--For the best Model
from the Antique the Silver Medal, and the Lectures
of the Professors, and Fuseli.
To Mr. George Gammon Adams—For the next best
Model from the Antique, the Silver Medal.
To Mr. Alfred Gatley—For the next best Model from
the Antique, the Silver Medal.
Which was concluded with an address from the Presi-
dent to the Students.

The General Assembly afterwards proceeded to ap-
point officers for the ensuing year, when Sir Martin
Arthur Shee was unanimously re-elected President.
Council—New List—Philip Hardwick, David Roberts,
John James Chalon, and William Mulready, Esqs.
Old List—Daniel Maclise, William Frederick Wither-
ington, Solomon Alexander Hart, and Henry Perronet
Briggs, Esqs.
Visitors in the .Life Academy—New List—Charles
Robert Leslie, Henry Perronet Briggs, *William Mul-
ready, Thomas Uwins, and William Wyon, Esqs.
Old List—William Etty, Henry Howard, Solomon
Alexander Hart, and Daniel Maclise, Esqs.
Visitors in the School of Painting—New List—Wm.
Collins, William Etty, Edwin Lailseer, Joseph Mal-
lard, and William Turner, Esqs.
Old List—Richard Cook, William Mulready, Daniel.
Maclise, and Henry William PickerSgill, Esqs.
Auditors Re-elected—William Mulready, J. M. W.
Turner, Esqs., and Sir Richard Westmacott.

There are many instances in 'this parish, not-
withstanding the numerous cottages that have been
erected, where, from necessity, the mechanic, as well as
the poor, reside in crowded apartments, but the following
group was lately observed, sitting at breakfast in a room
10 feet by 9 feet, in the cottage of a journeyman shoe-
maker, where necessity was not the operating cause. It
consisted of a man, his wife, one daughter, 16 years of
age, an adopted child, four years old; a dog, four cats, a
magpie, and a female servant to wait upon the family.--
Chelmsford Chronicle
Out attention has been called to a paragraph
which appeared in a recent number of the Hull Packet,
whence it was transferred to many of the London and
provincial papers, stating that Mr. Kennedy, editor of
to
this jcurnal, had gone out in the employ of Government
Texas. We are authorised-to state that Mr. Kennedy's
visit to that country is wholly unconnected with any
Government mission or diplomatic appointment what-
ever.—Hull Advertiser.

HOP INTELLIGENCE.--WORCESTER. DEC.
10.—Our Hop Market has little doing, nor do we expect
any alteration in prices till after Christmas. Fine Hops
are become scarce. The scale returns of planter's Hops,
sold and weighed on Saturday last, is—new pockets, 21;
and old, 60 —and new, 82; 4491 d, 91, ki ate :week.

LAW IN TELLIGENCE.
COURT OF CHANCERY, Dec. 11.
The Lord Chancellor did not take his seat in Court
this morning till after eleven o'clock, not having arrived
from Windsor till that hour.

COWIE v. LOWNDES.
. This case, in which the arguments were part-heard on
a former day, was ordered to stand over, in order that
the appellants might give. a new notice of motion.
-

ALLEN v. MACPHERSON AND OTHERST
This case came before the Court upon appeal from the
Judgment of the Master of the Rolls. The bill was filed
by the plaintiff, Robert Allen, against the defendant
and other persons, who claimed certain legacies under
the will of a gentleman, named John Allen. The three
gentlemen who had presented the appeal were the exe-
cutors of John Allen, and they had filed a demurrer to
the plaintiff's bill, on the ground of want of equity and
want of parties. The Master of the Rolls, on the case
coming before him overruled the demurrer, and from
that decision the present appeal was brought.

ROLLS COURT, Dec. 11.
STRICKLAND V. STRICKLAND.
This was a motion to set aside an order made by the
master for enlargement of the time for publication of the
evidence in this cause until an answer should be put in to
an amended cross bill that had been filed by the de-
fendant. The original bill was filed in 1839 and the
answer in March, 1840, in which month the cross-bill
was filed also. In January, 1841, the plaintiff obtained
a rule to pass publication, and in the mean time the cross
bill had been amended. A supplemental bill was filed in
the same cause, and an answer to it put in in May, 1841.
After the cause had been set down for hearing application
was made to the Court to enlarge the time for publica-
tion, but the Court considering that it had 'no jurisdic-
tion refused to do so, and application was then made to the
Master, who made an order for enlarging the time for
publication upon the usual terms of the plaintiff's having
leave to set down the cause for Waring. The cause was
set down for hearing, and subpcenas issued to attend
judgment. In this state of things, another bill of the
nature of a gross-bill, was filed, and application was
made to the Master to enlarge the publication from the
commencement of Michaelmas Term to the end of it,
which the Master did. The publication being thus
enlarged application was made for further enlargement,
the plaintiff in the cross bill having in the mean time
amended his bill, and the Master made an order enlarg-
ing the publication untirthe amended bill should be put
in, which would have had the effect of postponing the
hearing of the original cause. It was, therefore, moved
to set aside the order.
The MASTER of the ROLLS said, that without saying
the Master had not jurisdiction to make the order, he
conceived that he ought not, under the circumstances of
the case, to have exercised it in the manner he had
done. He conceived, therefore, the order made could
not be sustained, and must be discharged.

VICE CHAIWELLOI?S' COURT, Dec. 11.
(Before the VICE-CHANCELLOR Of ENGLAND.)
FLETCHER V. NORTHCOTE.
His HONOUR was occupied during the whole of the
morning with hearing the exceptions to the Master's
report in this part-heard cause.

(Before Vice. Chancellor KNIGHT BRUCE.)
BOYES V. LIDDEL.

This was an application to the Court for a reference to
the Master, to inquire whether or not a good title could
be shown to the premises in question in the suit, and that
such inquiry should be without prejudice to any ques-
tion in the cause. The question between the parties
was, whether time was or was not of the essence of the
con tract.

His HONOUR said the conditions were of a strict nature
in point of time and otherwise as against the purchaser.
He had entered into the contract, and had no right now
to complain of it ; although the nature of the con-
ditions, as affecting him and as favourable to the
vendor, might possibly furnish a reason for apply-
ing the rule as to time strictly as against the vendor,
and in favour of the purchaser, he had only to
consider whether it was a defect. He could not
make the order without prejudice to any question in
the cause, because a portion of the inquiry might be
utterly thrown away. If he were in error the parties
would have an opportunity of correcting it, by taking the
case before the Lord Chancellor. The motion was re-
fused without costs, the costs of the defendant to be costs
in the cause.

COOMBE V. litE LORD MAYOR OF LONDON.
Mr: SPENCE applied to the Court to have the cause
postponed from Wednesday next till Hilary Term.
At the suggestion of his HONOUR the cause was ordered
to stand over generally.

TAYLOR V. RUNDELL.
In this cause, which Caine before the Court on excep-
tions to the Master's Report, his HONOUR allowed the
exceptions.

(Before Vice-Chancellor WIGRAM.)
WALKER V. JEFFREYS.
The arguments in this case having been concluded, it
was ordered to stand on the paper for judgment.

COURT OF COMMON PLEAS, Dec. 11.
(Sittings in London before the LORD CHIEF JUSTICE
and a Common Jury.)
lIAZELL V. BARDELL.
The plaintiff is a livery stable-keeper and horse-dealer;
the defendant an omnibus proprietor. This action was
brought to recover the suns of 91. 10s., the price of a
horse sold to the defendant, who had refused payment,
on the ground that the guarantee was false. It appeared
that the horse was not at the sale acknowledged lame, but
in other respects warranted sound and well- tempered.
The evidence, as usual, in ail cases where a horse is
brought into a Court of law, was full of innumerable con-
tradictions, and gave rise to not a little merriment. Accord-
ing to the plaintiff's witnesses, the guarantee was fully
justified. One of them declared that the " hanimal was as
quiet as a lamb, and had no vice whatever ;" another
that he was well worth the money, and quite good enough
for "a bus." On the other hand, the defendant's wit-
nesses were unanimous in setting him down as a vicious
beast, not worth a pounci ; and "a jibber, that wouldn't
move a peg, unless he liked."
The Jury found for the plaintiff.

COURT OF EXCHEQUER, Dec. 11.
(Before Lord ABINGER and a London Special Jury.)
CATHERWOOD V. CARLIN.
The ATTORNEY-GENERAL said, in this case the plain-
tiff sought to recover damages as compensation
for one of the most grievous wrongs which
one man could fasten upon another. The plaintiff
by the present state of the law was compelled to
ask of the Jury money damages for a wrong which
no money could repair—viz., for the loss of the
society of a beloved and heretofore affectionate
wife. After detailing the circumstances, the Learned
Gentleman called witnesses who proved the mar-
riage of the plaintiff to his wife, a cere-
mony which took place abroad in Syria. The
brother of the plaintiff said the wife had "an
Eastern education, a lively disposition, a fond nature,
and Spanish blood." After residing in England for a
short time, the plaintiff and his wife went to the United
States, but in 1839; for what reason did not appear, he
sent his wife home to his family, himself
staying in New York. The wife went to the home of
the plaintiff's mother, but her brother-in-law took
lodgings for her first in Regent's-park, and then
in Charlotte-street, they residing in Charles-square,
Iloxton. The defendant was a second cousin of the plain-
tiff, and used to visit her at her lodgings. No crimi-
nality was shown, except that the defendant and the
wife of the plaintiff sometimes walked out together
for hOurs, and upon one occasion, when he had made a visit
to her, the servant saw a pair of boots at the bottom of
the stairs after her mistress had gone to bed. In August
1840; the plaintiff came home, and then the wife ab-
sconded, and nothing was beard of her until the August
in the present year, when she and the defendant were
found to be living together.
Mr. THESIGER addressed the Jury for the de-
fendant, and insisted that there was no evidence
against the defendant,- for the Jury must throw
out of consideration everything which had taken
place since December, 1840, when the action was
brought. He also blamed the conduct of the defendant
in neglecting his wife, and said his conduct appeared to
show a desire for his own dishonour.
His Lordship having summed up, the Jury, after a few
minutes' deliberation, returned a verdict for the plaintiff.
—Damages 2001.

SHERIFFS' COURT, Dec. 11.
11ERDERT AND TUE LONDON AND BLACRWALL RAILWAY
COMPANY.
This was a precept directed to the Sheriff to inquire
what amount of compensation the claimant was entitled
to receive from the above Railway Company, by reason of
the damage alleged to have been sustained by him by the
construction of the railway.
Mr. F. Kelly, Q. C., and Mr. Bute appeared for the
claimant, and the Solicitor-General and Mr. Austin for
the Company.
Mr. lisx,-Ly stated that the claimant, Mr. John Her-
bert, was lessee of certain premises in Anthony-street,
St. George's in the East, and had been reduced by a
moral necessity to bring his case before a jury. The
Act of Parliament under which the railway was con-
structed was obtained by a company of individuals on
the 28th of July, 1836. This railway differed from every
other that had been made in the United Kingdom, for,
as they were no doubt already aware, the London and
Liverpool and the. Great Western Railways passed far
below the level of the surrounding houses, but the Black-
well Railway, on the contrary, intersected a densely po-
pulated neighbourhood. It had, therefore, been thought
by the Legislature that persons occupying houses within
50 feet of the railway might be incommoded, and their
property deteriorated in value, and upon this ground it
had wisely considered it necessary that such parties
should have an equitable claim upon the Company for
compensation. The 51st section of the Company's Act,
under which the Jury were empanelled, provided that,
although a person's property was not entirely destroyed,
yet if it was damaged and lessened in value, the Company
should be bound to purchase it if required to do so.,
The first question for their consideration, therefore
was, were the premises deteriorated in value ? And the
next would be, if they were, what was the value of those
premises ? It was not the duty of the Jury to say
I, hat exact amount of damage was done to the premises,
but they must assess the whole value of the premises if
any portion of them were at all deteriorated or damaged.
Mr. Herbert had lived to an advanced age, above 80 years
old, and in consequence of the constant passing and repas-
sing of the trains, and the noise produced by the rope al-
most incessantly passing over the iron sheaves along the
line, and the vibration occasioned thereby, shaking the fire-
places, glasses, and other arlicles•from the top to tha bot-
tom of the adjoining
11°11es, the -claimant would be
.
com-
pelled to leave his premises. After some further state-
ments the Learned Counsel said, Mr. Herbert -had
,also
kid out in improvements 1401., which he was entitled to
receive. Then there was his business. He was netting
a profit of about 1201. per annum down to the completion
of the railway. Ile clairaM for 'goodwill, therefore, two

years' value, amounting to 2401., and 371. for fixtures,
making in all between 7001 and 8001.
Witnesses were called to prove these statements,
when the SOLICITOR-GENERAL addressed the Jury in
mitigation of damages. He observed that the Com-
pany resisted this claim because they believed it was
not a bona fide one made by Mr. Herbert, but that
it was got up by some parties who speculated upon certain
clauses of the Railway Company's Act. Whatever the
result of this case was the Company would have to bear all
the expenses. The Company were not desirous of purchasing
the claimant's premises, and the first question for the con-
sideration of the Jury was whether this was a case in
which the Company were compelled to take the pre-
mises. Although this claim was small, yet their verdict
was of very considerable importance to the Company, be-
cause if the Solicitor was successful in this, his first spe-
culation, there would be no end to the exorbitant de-
mands and number of actions that would be brought
against the Company. The Learned Gentlemen then
contended that the Act of Parliament providing for com-
pensation to be paid for any deterioration done to the
houses within fifty feet of the railway, applied only to
those cases in which substantial and permanent damage
was done to the buildings.
The Jury, after consulting together for a few minutes,
returned into Court and said, " We find that the property
is not deteriorated in value by the construction of the
railway."

In Consequence of a great number of cases depending
upon the result of the above claim, a very strong interest
was excited amongst the Directors and Shareholders of
the railway.

INSOLVENT DEBTORS' COURT, Dec. 11.
At the rising of the Court Air. Woodroffe made an ap-
plication for assistance on the part of " Llewelyn Wat-
kins Williams," who had been connected with the well-
known beef shop in the Old Bailey, and who was now in
a wretched state of destitution in Whitecross-street
Prison. It appeared that the insolvent had been twice a
bankrupt, and twice an insolvent. His failures were for
considerable sums. He had kept booths at races, places
of dramatic entertainment, billiard-rooms, baths, and
oyster-shops. These various speculations formed a part
of his debts on the present occasion, amounting to up-
wards of 9,0001. Mr. Woodroffe read an affidavit, show-
ing his great poverty. He had a family of twelve chil-
dren, nine of whom were depending on him. His mother
now, lived in Field-lane, and was in very distressed cir-
cumstances.

• Mr. Woodroffe read a certificate from Mr. Barrett, the
humane keeper of Whitecross-street,•rison, showing the
extreme destitution of the insolvent.
Mr. Woodroffe informed the Court that Mr. Williams's
father had amassed a very large fortune, but the insolvent
thought the several speculations he had entered into a
" short cut" to wealth, and they had produced his failures.
Mr. Commissioner LAW said the fund was very limited,
he would, however, see what could be afforded fur the man.
Mr. Woodroffe stated the taxed bill at 331. 19s. 9d.
The Court promised to award a sum to the prisoner to
file his schedule.

(This is a distressing case as regards the mother of the
insolvent, who has lost all her property by the reckless
speculations of her son. The poor in the neighbourhood
will feel the loss. Some fifteen or twenty of them might
have been seen, before the son failed, every evening,
waiting opposite the place, and were generally supplied
with what afforded them a plentiful meal. It is bard
that she should be driven at last to look for charity
herself.)

SU RRE Y SESSIONS.
CHARGE OF ATTEMPTED RAPE.—William Lillywhite,
a stupid-looking countryman, was placed at the bar,
charged with assaulting Charlotte, the wife of Richard
Barnett, with intent to commit a rape. There was a se-
cond count, charging him with a common assault. The
witnesses were all ordered out of Court.
Mr. CORNER, having stated the case, to the Jury.
called the following witnesses
Charlotte Barnett, the prosecutrix' a very unattrac-
tive-looking woman, apparently upwards of forty years
of age, deposed—I live at East Grimstead. On the 30th
of October last I took my place in the Worthing lug-
gage van from London at half-past six. It started from
near the Elephant and Castle. Prisoner is the guard.
Twenty minutes after we left London prisoner came
into the van and asked a. little girl who was in the van
to come out and see the lights. The child had been
placed in the prisoner's charge. I advised the child net
to go out. Prisoner asked me if I was afraid ? I said
"No ; but that I liked company better." The prisoner
then made improper advances towards me.-..( Witness
here described the nature of the assault.) I resisted
him. When we came to Ashstead I got out, and com-
plained to the driver of prisoner's conduct. I then got
into the van again. This was about twelve at night.
The van then started. Soon after the defendant.got in-
side the van again. He then insulted me again. (Wit-
ness here described the nature, of the assault, which
could leave no doubt of the intentions of the prisoner.)
I resisted him. He did not say anything. I called out
for assistance, and struggled with him. Prisoner's dress
was disordered. I was sitting on the seat of the van
when this happened. Sliortly after we arrived at a toll-
gate. I told the gate-keeper I must get out because of
the prisoner. The toll-gate man said, " Oh, d-- you,
sit still, he won't hurt you." I afterwards wanted to go out,
and the prisoner put his leg across the door and said I
should not get out. He again behaved indecently to me.
When the van came to Capel, I jumped out, and ran
away, and walked home to Grimstead, a distance of six-
teen miles. The van goes through Grinstead, prisoner
was in a public-house when I jumped out. I went on
November 8, to Sir Charles Burrell to complain of the
prisoner. I never gave authority to any person to com-
promise this case, or to receive any money from
prisoner. I have never received any. The little girl was
in the van while all this was going on, and desired him to
let me alone, and he told me it was no business of hers.
There was no light in the van.
Cross-examined by Mr. KNAPP, for the prisoner—
The van passes within three miles of our house. The
van did not overtake me. I stayed a little time at Hor-
sham. He commenced assaulting me a few minutes after
he got in. There is a vacancy in the door to let in light.
We stopped a moment or two at Tooting. I do not
know where at. A person came ,up, and said, " Look
out, it is a fair night." I did not complain of the con-
duct of the prisoner to that person. I was far from
home, and did not know what to do. I was afraid,
and wanted to get home. They stopped afterwards
for it might be twenty minutes. I did not com-
plain. At Ashtead I asked to get up on the top of
the van. I got into the van again, because I thought it
might rain. When I complained to the driver, he said
prisoner was big enough and old enough to know better.
I did not ask him to prevent prisoner getting into the
van. There were other persons there, but I did not
complain to them, because I wanted to get home. I
thought he would not insult me again after I had
complained to the driver. Atter I left Capel, I saw the
prisoner at the Burrell Arms with the van. That is six
miles beyond Horsham. Prisoner asked me if I
had walked. I said I had, for I didn't like his usage. I
then went into thelandlord, and complained of his usage,
and asked if he knew the man. The landlorda-
vised me to send a letter to his master. I did not do so.
When I got home I told my husband, and he said " We
must have him took up." I first applied to the Magis-
trate on the Bth of November. My husband's brother
came on the 7th of November, and said the prisoner had
given him ten shillings, but I never authorised him to
take it ; and never intended to make it up. My hus-
band and his brother went to see the prisoner, but I
never authorised them to make it up. My husband
would not take the ten shillings, nor me neither. I
never intended to make it up.
By the COURT.—I called out when he first molested
me. I think lie was sober. I did not know the prisoner.
Elizabeth. Searle, a girl apparently about twelve years
old—l live at Clapham, near Worthing. On 30th Oct.
I was returning from London by Robinson's van. Pri-
soner is•the guard. Prosecutrix and myself were in the
van when it started. (The witness then proceeded to
state what had occurred on the journey, and corrobo-
rated the evidence of the prosecutrix in every material
particular.) Prosecutrix kept hallooing, but the driver
said he did not hear her. I said to prisoner, "Leave
off;" and he asked what business it was of mine ? He
attacked prosecutrix several times. She always resisted
him and hallooed. The van stopped four hours at Capel
after prosecutrix left. It was raining hard at the time.
I remained in the van at Capel the whole time.
Cross-examined by Mr. KNAPP—I first saw it rain at
Ashtead. Prisoner got out to skid the wheel twice be-
tween Ashtead and Capel. Prisoner said to prosecutrix,
" Halloo and be d—," that was when lie shut the door of
the van.
By the COURT—The door of the van is behind, there is
no window—the driver sat upon a box in front. The
prisoner never quite shut the door, because if it were shut
quite he could not open it ; he stuffed it up with straw,
but left an opening to put his arm out to open it.
Henry Jarvis was driver of the Worthing van, of which
prisoner was guard. Witness drives to Ashstead from
London, and remembers prosecutrix travelling down by
the van. It is a close van, with no opening but the door,
which is behind. Before the van went away from Ash-
stead, proseoutrix made a complaint to me, and I said to
prisoner, "Bill 1 what have you been at with the wo-
man ?" Prisoner made no reply, but went after the
van, and witness went into the stable.
Cross-examined—The lamps were lit. It mizzled
with rain. We stopped at Tooting and Merton before
we came to Ashtead. A person inside cannot shut the
door close. The van makes a great noise when going on.
By the COURT—I cannot tell when the guard is inside
or when he is out; he can get in from his seat without
stopping.
James Brooker, the constable of West Grimstead, re-
ceived a warrant for apprehending the prisoner on the
Bth November. After his apprehension witness cautioned
him what he said. Prisoner said he thought it was
settled, for he had given the prosecrutrix's brother-in-law
10s. and intended to give another 10s. the next Monday
night. Witness received ten shillings from Benjamin
Barnett, and by direction of Sir C. Burrell offered it to
the poisoner, who refused to take it.
Charlotte 'Barnett recalled.
The CnniasiAsi--Why did you delay nine clays be-
fore going before a Maeistrate ? Witness—Because we
did not know what to do about going on with it. We
thought it would be a deal of trouble.
Mr. KNAPP then addressed the Jury for the prisoner,
and contended that at all events they could only convict
he prisoner of a common' assault.
The. CHAIRMAN having summed up; the Jury found
the prisoner guilty of the whole charge.
The prisoner was again indicted for an assault on
Elizabeth Searle, the little girl. It was intimated to the
Court that the assault had been committed on the little
girl after the van had left Capel, and that those conduct-
ing the prosecution felt it was a duty they owed to the
public to proceed with it.
The prisoner, under the advice of his Counsel, with-
drew his plea of not guilty, and pleaded guilty.
IJe was sentenced to fifteen months' imprisoment, with
hird labour.
QUEEN's 8i21C11.-IMert Jones, a

borrister, was indicted for committing an aggravated as-
sault. on James Johnson, in the Queen's Bench Prison.
The prosecutor deposed that he is clerk to Mr. Gill-
ham, the attorney, and thaton the 9th November he went
to the Queen's Bench Prison to serve a writ on the defen-
dant, who was an inmate of the gaol at the time. On
handing the defendant the writ, he asked who it was
from ; and on being told, he seized prosecutor by the
collar, and at the same time exclaimed, " You vagabond,
I'll teach you to come here to" serve writs." Prosecu-
tor remonstrated, and asked him what he meant, upon
which the prisoner said, " You know the penalty of
coming here to serve writs. You must -go under the
pump." The prisoner then endeavoured to force him
down the stairs towards the yard, and the noise made
by it brought a man out of an adjoining room, who in-
9uired what was the matter, when prisoner said it was a
fellow that had been serving a writ upon him, and roared
out, " Hurrah for the pump." The noise brought up a
number of persons who had been playing at rackets,
and prosecutor said that he should make the prisoner
suffer if he attempted any thing of the kind, upon which
he again exclaimed, " You don't go, old fellow, until you
have been under the pump." Prosecutor made desperate
efforts to disengage himself from the prisoner, who being
the stronger man of the two, dragged him down the flight
of stairs along the yard, and towards the pump. When
he got him up to the pump, he threw him into the
stone trough, underneath the spout, and held him in
that position, calling out to the byestanders, "A dozen
pots of beer for any person Who will pump on this writ
server." The moment he announced the offer two or
three men seized the handle of the pump, and began to
pump upon the prosecutor while the prisoner held him
down, until he was drenched from head to foot. Some
persons who stood by, who witnessed the conduct de-
scribed desired the prisoner to let him go, saying that
he was well ducked, and that enough was as good as a
feast. Prosecutor was then let go, and, amidst the jeers
of the assembled crowd, he proceeded to the lobby of
the prison, and having represented the treatment that he
had experienced at the hands of the defendant to one of
the turnkeys, requested that he might be permitted to
stand before the fire and dry the front of his dress.
In answer to the Chairman, the prosecutor said that
no one present interfered for his protection from the
pump; but he heard voices exclaim, " That will be a
cooler for the writ-server—that will be a refresher for
him." The prosecutor added, that owing to the wetting
lie got he had a very bad cold—Verdict, Guilty.
The eIIAIRMAN said that the Jury had very properly
returned a verdict of guilty. People had often heard—
at least a few years back—of a custom that prevailed in
the Queen's Bench prison, and a most scandalous custom
it was, that of the inmates dragging persons who ren-
dered themselreS obnoxious to them, particularly lawyers
and their clerks, to the large Pump which stands in the
yard, and pumping on them until they nearly drowned
their victims. It might be considered a good joke by
the idlers in gaol, but it was necessary to put a final stop
to such proceedings, and not allow the custom to grow
up again ; and the only way to effect that object was to
inflict a severe punishment upon those who were found
guilty of such an offence. In the course of the trial it
was stated that the defendant was a member of the bar ;
be (the Chairman) regretted to see a member of the
profession so disgrace himself as to place himself in
such a situation, and the. sentence of the Court was, that
he be imprisoned in the common gaol of the county for
the space of six calendar months.

POLICE INTELLIGENCE.
MANSION-BO USE.
An Irishwoman, named Catharine Bryan, was charged
with having stolen several boots out Of a shop. The
complainant, who evidently was not desirous to prosecute,
stated that the woman walked into the shop, took up
several odd boots which were next at hand, and then
turned round deliberately and walked out. Upon being
followed and detained, she refused to give up the pro-
perty except to a policeman. A policeman was then
called, and she no longer kept possession of the boots,
but she wished to be charged with the robbery.
Sir C. MARSHALL—She has been here before.
Prisoner—Oh, indeed, then, I have so, and I won't
easily forget it. My daughter (the only relation and
friend I had in the world) has been transported for what
brought her and me here—for taking pots—and I am
left alone.
Sir C. MARSHALL—Were you both convicted for that
offence? Prisoner---We were both guilty from starva-
tion, and she was sent off to Van Diemen's Land for
seven years, while I was sentenced to three months im-
prisonment in the Compter. Just as I got to the end of
my sentence I set off to Woolwich, and I found that the
vessel had sailed away with all I cared about in the
world, so up I comes to London, and you don't think that
lam going to be particular now, do you? If you do
you're mistaken.
Sir C. MARSHALL—Which is your parish ? Pri-
soner—Whitechapel. I went there full of grief, but
the treatment I received was too much to be borne, so I
came away, and I took this gentleman's property. I
know as well as you do that I had no right to do so,
but who or what have Ito care for ? If you don't send
me to prison and transport me for this, why you'll be
obliged to do so for something else.
Mr. Nobler—l suppose you want to go out to your
daughter ? Prisoner—Oh, do just as you please with
me. I admit that I robbed the shop,, and 1 want any-
thing but mercy.
Sir C. MARSHALL—I am afraid your wish to see your
daughter will not be gratified. Prisoner—Well, I can't
help that. It is quite clear that you must do something
to get rid of me, for as sure as I am alive, I'll be at the
work again.
Sir C. MARSHALL—Why, you are a very desperate
woman. I should like to know how this prisoner con-
ducted herself in the Compter ? Gooch, the turnkey of
the Compter—During the three months of her confine-
ment she acted extremely well.
Prisoner—But that's over now. The Lord forgive mo
my sins.
Mr. Nobler—You led your poor girl into the offence
of pot-stealing, for which she has been transported, and
now you are sorry when it is too late. Prisoner—lt was
sheer famine that drove us to anything to get victaal.4.
Hunger was the cause—and what chance have I remain-
ing. I shall, if you don't commit me, go away and•com-
mit a more serious robbery.
Sir C. MARSHALL—I certainly shall send you for
trial. I place too much credit on your words to let
you go at liberty. Prisoner—l shan't deny a word of
this in Court; my Lord, you may depend on it. The
Lord in heaven forgive me for my sins !—(Here the
wretched woman burst into tears, and was taken from
the bar.)—The complainant was bound over to prosecute.
BOW-STREET.:
John Miller, an elderly man, " was charged with the
following case of robbery :—A servant in the family
of Mrs. Barham, a lady residing at, No. 14, Howard-
street, Strand, stated that, at an early hour on Thursday
morning, the prisoner came to her mistress's house, and
told witness that her mistress was liable to a penalty of
5/ for leaving the hole in the foot pavement; through
which coals are shot into the cellar beneath, without a
proper iron plate covering, and at the same time calling
her attention to the fact that the hole in question was un-
covered. He then said that he was in the service of
Cadogan, the surveyor of -pavements for that dis-
trict, and that if he were employed to put down a new
iron plate he would take care that no information should
be laid against her mistress for leaving the cellar-hole
uncovered. Witness told him she would speak to her
Mistress about it as soon as she came down
stairs ; and the prisoner hereupon promised to call
again. In the meantime he placed a large stone
over the hole, so as to prevent any person from falling
down it. He came back in about an hour, and then saw
her mistress, and told her of the penalty she had incurred,
upon which she begged him to put d9wn a fresh plate
without delay. The prisoner promised to do so, and
said his charge would be 35., which it was agreed should
be paid him. He soon brought an iron plate, which fit-
ted exactly the hole cut in the stone ; and, while he was
in the act of placing it, Weston, a policeman, came up,
and took him into custody. On examining the iron plate
which the prisoner was about to put down, she at once
identified it as the one belonging to her mistress, and ,
which she had no doubt the prisoner had stolen a shor
time before.

Mr. Cadogan, the surveyor of pavements, stated that
the prisoner was not in his service, and that he had not
seen him for the last 14 years.
A great number of witnesses were in attendance, who
proved that the plates found at his lodgings had been
stolen in the night, and that the prisoner had called at
their houses at an early hour on the following morning,
and having told them the story he had told at Mrs. Bar-
hath's, they had employed him to put down fresh plates,
and paid him 3s. each for so doing.
The prisoner in defence said that he was a dealer in
iron plates, and had honestly come by all the plates spo-
ken to by the different witnesses.
Mr. TWYFORD committed him for trial at the Central
Criminal Court on three of the charges preferred against
him.

MARLBORO UG H-STREET.
Matthew Wren.and Charles Mott, two boys of cleanly
and decent appearance, the former thirteen years of age,
and the latter twelve, were placed at the bar before Mr.
Hardwick, on a charge of shop-lifting. It appeared that
about eleven o'clock on Saturday, they had entered the
shop of Mrs. Farren, dealer in fancy articles and cutlery,
Burlington-arcade, and while pretending to purchase a
pocket-knife each, Wren slipped one into his boot with-
out paying for it.

In
answer to a question from the Magistrate, the
gaoler said that Mott had only recently been discharged
from prison, which was evident from the " county crop"
of his hair.

Mr. llARDwicx (to the prisoner)—What were you sent
to prison for ? Prisoner Mott—Nothing I need be
ashamed of. Only for standing on my head.
Mr. llnanwicx was quite puzzled until the gaoler ex-
plained to him that the prisoner had been committed as
a vagrant for going about the streets singing songs, and
occasionally standing on his head and clapping the soles
of his feet together to excite charity.
The prisoner Wren said that his friends were " re-
spectable people."
Mr. lIARDWICK committed the prisoners for two
months each to Westminster Bridewell to hard labour,
for being in Mrs. Farren's shop for an unlawful purpose.
QUEEN SQUARE.
Mary Connelly, a woman apparently about thirty years
of age, was charged with attempting to drown herself.
The evidence of two witnesses went to prove that the
woman had been arrested at the moment she was about
to precipitate herself into the Thames at the Horseferry.
In answer to the charge the defendant said that she
was the mother of four children, and her husband, who
was a mechanic, had been out of work such a length of
time that they were all in a state of starvation. She had
on Friday evening taken off the only article of wearing
•
apparel that would fetch any
thing (a flannel petticoat),
and pawned it fora shilling, with which she had procured
some food for her husband and family, being the first
they had eaten during that day. She was so overcome
with distress that not knowing what she did she at-
tempted the act with which she was charged; she had