The Sun.
London, England, 1846-08-18 00:00:00

BOW-STREE T.-(THIS DAY.)

Mr. Robert Oliphant, the son of 111 r. James Oliphant, army
accountant, was charged with an assault upon Mr. Dimand,
partner to Mr. Eisenberg, the " chiropodist.
Mr. Dimand, who is a foreigner, and spoke with great
difficulty, stated that the assault arose out of a dispute in
respect of some money borrowed by the defendant in the
name of his father, for payment of which he applied to the
father yesterday. Mr. Oliphant sent a message to him,
desiring him to go to his (Mr. Oliphant's) office, and to wait
there for him. This he refused to do; but Mr. Eisenberg,
who was with him at the time, went to the office. Mr.
Oliphant again sent a message to him to go to the office, and
he did so. On his entering the office he found Mr. Eisenberg
there, with the defendant and his brother, Mr. henry
Oliphant, who both " began to abuse him," and called him
a " scan*," "rascal," " vagabond," &c. He turned to
Mr. Eisenberg and said, " Let us leave these blackguards,
and go away ;" upon which the defendant rushed upon
him and struck him a violent blow on the mouth,
which hurt him very severely, and drew blood. A police-
man was then sent for, and took the prisoner in custody,
while witness left the office and went to the nearest surgeon's.
—(The witness's mouth was very much swelled.)
Mr. Eisenberg said that, on his entering the office, he
found the defendant and his brother there. The latter asked
him how Mr. Dimand dared to go and talk to his father
about the money he had lent his brother ? And the de-
fendant said—" If he comes down here we will knock him
down ; and it I do it I'll dash his brains out ; he shall not
walk out again ; he shall be carried out." Mr. Henry
Oliphant either said the same thing, or " assisted the de-
fendant to say it," but witness was not quite sure. When
Mr. Dimand was heard coming down stairs to the office the
defendant and his brother both said " Here he is ; we'll do
for him :" and on his entering the office the defendant com-
mitted the assault described by Mr. Dimand.
The defendant admitted that he struck the complainant,
but denied that the circumstances were as they had been
described by him and Mr. Eisenberg. He said that when
Mr. Eisenberg entered the office he (defendant) complained
of the conduct of Mr. Dimand in going to tell his father
about a debt which he had contracted, and said, " The dirty
little devil deserves to be kicked out of the office." Mr. Di-
mand, on coming into the office, called his brother (Mr.
H. Oliphant) " a blackguard," of which he took no notice,
but defendant said, " I would not let him call me a black-
guard, I would knock him down if be did so." The com-
plainant then turned to him and called Lim a blackguard,
upon which he •struck him in the face. He did not use any
of the language described, and neither he nor his brother
threatened to knock the complainant down, or knock his
brains out, or " do for him."
The defendant called, as witnesses, his brother, Mr. Henry
Oliphant, and a clerk in the office, who fully confirmed the
above statement.

Mr. JARDINE said that he thought the provocation proved
to have been given, though it would not justify, would yet
palliate the assault. It would have been better if the de-
fendant had acted in the same manner as his brother had,
and taken no notice of the complainant's abuse ; or if ha
had turned him out of the office; which he might have done
without striking him. However, he would not go to the full
extent of the law, but would fine the prisoner 405., or, in
default, sentence him to one month's imprisonment.
A charge of obtaining 61. under false pretences was after-
wards preferred by the complainant's solicitor against de-
fendant, but Mr. JARDINE refused to entertain it, saying he
thought there was no foundation in it.

THE LATE MURDER AT THE
GUILDHALL COFFEE-HOUSE.

MANSION•HOUSE.-(THIS DAY.)

John Vincent Smith, late cook at the Guildhall Coffee-
house, was this morning brought up before the Lord Mayor
for re-examination, charged with the murder of Susan
Tolloday, his fellow-servant. The Court was crowded, and
hundreds of persons who could not obtain admittance were
constrained (however impatiently) to remain outside, in the
expectation of seeing the unfortunate criminal as he would
arrive at the Mansion-house. . _

The Lord Mayor took his seat at ten minutes before
one o'clock.

The prisoner was immediately after placed at the bar.
He looked thirty or thirty-five years of age, and seemed fully
sensible of the awful position in which he stood.
The girl, Fanny Wetenhall, was first examined by Mr.
Goodman, chief clerk—She resided in Halfmoon-alley, and
bad been employed in the Guildhall Coffee-house for the last
eight weeks. She knew the prisoner at the bar, who had been
cook, and also the deceased, Susan, who acted as kitchen-
maid She heard some quarrelling between prisoner
and deceased on Friday last. She did not know what it was
about, but it continued almost all day. She saw no blows
given. Witness got there on Saturday at nine o'clock in the
morning, and after that time was principally employed in the
kitchen, up to twelve o'clock. The prisoner and deceased
were quarrelling on that morning, but she did not know what
it was about. She thought they were quarrelling about
Mrs. Riley, the charwoman. Mrs. Riley was there. Ile said
that Mrs. Riley had got some things that she had never paid
for. Susan took Mrs. Riley's part. She said "the cook was
not acting like a man for grumbling at the poor woman."
She could not tell what hour it was, but it might be half an
hour before " this affair took place." Mrs. Riley
was sent away, and atter she had gone, witness heard
no more quarrelling between the prisoner and deceased.
Susan was then sitting down, cutting beans. She had been
doing so about half an hour. She was then sitting at the
cornerkitche of kitchen t table.hetab Prisoner. I
i so nfer
wwaasspipeilcdknig them with a knife inng ducks at the other
his hand. lie was using the knife to 'pick the feathers off.
They were thus engaged when she (witness) was sent out of
the kitchen. She was sent by the cook, about half-pist
twelve, to the bar to Miss Green, to get some lard and eggs,
but she said that he was to come himself, as she was busy.
Witness then went back and delivered the rr.essage to cook.
The prisoner and Susan were in the same place that she had
FA them in.
The prisoner had by that time t r
ducks, and they were lying on the table. The table was six
or seven feet long. They were not quite the length
of the table separated from. each other. She
did not hear any conversation between them.
The Prisoner then gave witness a bacon. He brought it
from near the larder, and said she was to get some milk and
eggs. She was not sure that he had the knife in his hand,
at that time. Witness went back again to the bar and saw
Miss Green again. Miss Gren gave her the milk and egs.
The kitchen cannot Le all seen from the bar, and itg is
distant about ten or twelve feet from the bar. She
had been absent about five minutes while she fetched
the milk. On returning, she met the deceased coming to-
wards the bar, on the stairs. She baw her throat was cut,
and she fell at the foot of the stairs. Miss Green began to
"holloa" and cry out. She heard Susan say nothing. She had
a small white-handled knife (the one she was cutting the
beans with) in her hand. She (witness) did not
see the prisoner at the time that Susan fell, nor till
she saw the policeman take him away afterwards. While
she stood at the bar she heard no noise as of quarrelling in
the kitchen. Witness afterwards went home.
In answer to questions from Mr. Goodman, the witness
added that deceased said, when she and the cook were quar-
relling about Mrs. Riley, that 4, be was not acting like a

man, and he would remember it before many months were
over his head." The prisoner said "she might before many
hours went over her head " Witness recollected nothing else.

The LonD MAYOR asked if the prisoner had any question
to ask the witness? Prisoner—l could not understood a
word that was said. Will you have the goodness to read it
to me. _ _ _

---
Mr. Goodman then read the evidence as given by the girl
Wetenhall. _ _ .

The prisoner, in answer to the question whether he had
anything to ask the witness, said he would reserve his
defence. _ .

John Tolloday, twenty-one years of age, lived at Castle-
lane, Cambridge, and was a whitesmith. The deceased
was his sister, and her name was Susan Tolloday.
She was cousin to the prisoner's wife. Witness ban never
seen prisoner and his sister together.
The prisoner had uo question to ask.
The LORD MAYOR asked if the prisoner had anything to
say why he should not be committed for trial? The pri-
soner had nothing to say.
The witnesses were then bound over to appear against the
prisoner at the present sessions (now sitting).

MPERIAL PARLIAMENT.
(THIS DAY.)

HOUSE OF COMMONS.
The SPEAKER took the chair at Twelve o'clock..
Dlr. B. BOND CABBELL, introduced by Mr. Dodd and Mr.
Barry Baldwin,took the oaths and his seat for St. Alban's.
CORK AND WATERFORD RAILWAY. _

Several amendmotts were prt posed on this Bill, and
agreed to.
VIRGIN MARY HOSPITAL (NEWCASTLE)
ESTATE BILL.
This Bill was read a second time.
LORD KENYON (CONGREVES) ESTATE BILL.

This Bill was read a2ihird time, arid passed.
SMALL DEBTS BILL.

Mr. MUNTZ presented a petition from Birmingham,
praying that this BM might pass ; and for the abolition of the
county court at Warwick, and of the Mayor's court at
Birmingham.
SOUTHWARK AND WATERLOO BRIDGES.

Lord G. BEN TIN CK presented a petition from Finsbury
praying that these might be mace free bridges.
BRO f MERTON presented a petition from Hackney
to the tame effect.
RAILWAY PARCELS.

Sir J. C. HOn1:10IJSE presenledttpetition from Not-
ingham praying that railway companies might not be allo;sed
:o break open the parcels entrusted to their care.
MEDICAL REGISTRATION BILL.

Mr. WAKLEY presented a petition from the medical prac-
titioners of Leeds, praying that this Bill might pass withuut
delay.
Sir G. GREY also presented a petition from the medical
association of Gloucestershire to the same effect.
FLOGGING IN THE ARMY.

Mr. WAKLEY presented a petition from Hammersmith
against flogging in the army.
SMALL DEBTS BILL.

Mr. WAKLEY presented a petition from Hull, from the
debtors confined in the gaol there, for the total abolition of
imprisonment for debt.
Sir G. GREY presented two petitions praying that the Bill
be passed this session.
ACCOUNTS OF THE SECRETARY-OF-WAR.

Mr. FOX MAULE presented a return of the accounts
which had been rendered to him.

RAILWAY BOARD.

Mr. MORRISON moved the confirmation of the resolu-
tions of the Select Committee on Railways, of which he was
chairman, with the view to the establishment of a railway
board for directing the process of amalgamation, and for the
general government of railway companies, and for empowering
the board to test locally the correctness of the plans and sec-
tions deposited with the members of the board.
Mr. HUME said that having been on this Committee, he
was confident that any one who had considered the state of
private business for the last two years, and who observed 'hat
this Committee and the Committee of the House of Lords
were unanimous, would think the resolutions ought to be con-
firmed. He would therefore second the motion.
. .

Sir G. GREY having been also on the Committee, con-
ceived that it would be advisable for him to express his opinion
respecting the resolutions. To the first of those resolutions he
had no objection. It directed the process of amalir,amation.
The second was contained in the ninth, and if the House were
to take those two as one, and embodied the general recommen-
dation of the Committee for a railway board, he thought it
would be better than to go into details, and fetter the
House at this time with resolutions which it might
prove very inconvenient to carry into effect. 'I he better plan
would be to accept the several recommendations of the Com-
mittee, and carry out the whole design when it could be
presented in the more perfect shape of a Bill.
Lord G. SOMERSET approved of the establishment of this
board, but conceived that the matter was yet premature. This
board ought plainly to comprise members of both Houses of
Parliament, and, in his opinion, it ought to consist, at least
partly, of members of the Government at the time in being.

After a few words from Mr. W ARBURTON.
The CHANCELLOR of the EXCHEQUER said that the
Government had plainly received recommendations from both
Houses, and from both sides of this House, to establish the
board ; but it did appear to them that to attempt to do mere
than establish the department at this period of the session would
be futile. He would, therefore, propose to bring in a very
short Bill, for the purpose which he had intimated, giving the
board thus constituted some of the powers of the Board of
Trade, beside others of a similar kind, to enable them to

fulfil their duty. The Vice. President of the board of Trade
was prepared with such a Bill, but having been exceedingly ill
it happened that it was not laid on the table. The matter
then would be in progress, and the business might be well con-
sidered during the recess, and a Bill be brought in in the early
part of next session for the complete organisation of the board
and the arrangement of its duties. He proposed, therefore,
to accept the first and second, and perhaps the ninth resolution,
and on them to found such a Bill.

Mr. BERNAL believed some such board to be absolutely
necessary, for without it the private business of the country
could not go on. But while making such a sweeping change in
the constitution, due deliberation ought to be observed in the
establishment of this board, especially when they recollected
that railways had now been constructed in the most remote
parts of the country.
Air. GREENE took the same view of the case.

Mr. P. M. STEWART conceived that the better plan
would be to strike off all the resolutions but the first, so as to
get th..! department recognised, and then the House would be
able to constitute such a board as would obtain the confidence
of the country and be as perfect a's such a thing could be in all
its details.

Mr. ESTCOURT did not think that the resolutions pro-
posed would at all compass the important subject to which they
related, and their adoption would lead to a great deal of unne-
cessary trouble hereafter. If any portion of these resolutions
was to be adopted, he thought that the first resolution
would of itself answer all purposes, and the rest could
easily be dispensed with. He did not, however, think
it at all wise to introduce the subject at this late
period of the session, when any legislation upon it must
necessarily be of a hurried character, and the safer plan would
be to withdraw all the resolutions untii next session.

Mr. MORRISON said that, after the expression of opinion
which had ben given by the House, he would be perlectly
content if the House were to adopt the first resolution.
Lord LINCOLN so far differed from many Hon. Members,
that his opinion was against the pa.sing of the first resolution;
for if the Government intended to introduce a Bill constituting
a railway board, the resolution would be quite superfluous. If
there were no part of the Government at present existing
which could make those preliminary inquiries necessary,
he would at once accede to the motion, but as such a portion
of the Government did exist, he should oppose it.
After a few words in explanation from the CHANCELLOR
of the EXCHEQUER, the first resolution was agreed to.