The Sun.
London, England, 1870-05-16 00:00:00

THE SUN, LONDON, MONDAI , MAY, 16, 1870

Edward James Payne, a labourer, said : I know the
prisoner. He came to me last Monday at half-past
twelve, and engaged me to dig a drain in Welling-
ton-square. The spot I .after pointed out
to the police. In the back yard I dug it, and he sent me
away in an hour and a half, and told me the house was
let ; and after that we left the house, just as it turned
half-past two. I was to meet him next morning, but I
did not find him. I went on the Tuesday. and Wednes-
day and Thursday, and did not see him. He never paid
me ; nothing was said about payment. He had whiskers
then and fair moustache ;it has been dyed since. I
shewed the spot to the police where the hole was dug.
It further appeared from the evidence of this witness
that Miller, on giving him intructions, made him burrow,
as it were, beneath some paving-stanes, saying that he
did not want the stones disturbed, and accordingly the
grave was actually beneath some Paving-stones, which
bore every trace on the surface of not having been moved.
Thus the police were led to dig everywhere but beneath
these stones. _ _ _ -

After some further evidence, the prisoner was again re-
manded until the latter part of next week.
He was sent to the House of Detention in a cab, an
enormous crowd having gathered to see him depart. His
wife was in the building.

TT-TE "GENTLEMEN " IN WOMEN'S ATTIRE.
On Saturday afternoon Park and Boulton, the young
men charged with personating women, were again ar-
raigned before the sitting magistrate, Mr. Flowers.
Mr. Poland appeared for the Treasury ; and Mr.
Besley and Mr. Straight defended.
Mrs. Martha Stacey, at who house the defendants
had lodged at 13, Wakefield-street, Regent's-square, was
cross-examined by Mr. Besley. She stated that she had
never observed any impropriety with them, and they con-
ducted themselves orderly. Chaniberlayne, a policeman,
came to her house and asked if two gentlemen were there who
dressed in female attire, and he told her they were in custody.
She did not ask for his warrant when he searched the
rooms. He went to a box and took out some female cloth-
ing. Her mother remonstrated with him, and he
said he should do as he thought proper, and would
take them away and sell them if he thought proper.
There was a photographic album, and he took out what
photographs he thought proper—about twenty. He said
he had a right to lock the door of the room. Inspector
Shenton also came to her house with reference to giving
evidence, and she was also examined at the Treasury
Office.

By Mr. Straight : Had known Park about two years.
From that time till taken into custody Park had lodged
at her house about a dozen times. From August last
year till February in this year Park wore a moustache,
and during the whole of that time she did not see
him in female attire. About twenty-four days and not
more he stayed at Wakefield-street. She had heard
laughing and making fun of dressing up in female clothing,
and she thought it was fun. There was nothing immoral
or filthy in their conduct—certainly not.
By Mr. Poland : She did on one occasion open the door
when the brougham came. She did not know that the
coachman asked for Mrs. Parks, but she knew they were
men. She never heard Boulton refer to Parks as his
sister.

By Mr. Flowers : Had seen theatrical programmes
about the room.

Inspector Shenton said on the 29th of April, Chamber-
layne, the detective, shewed him some photographs and
letters. They searched the two rooms on the ground
floor at 13, Wakefield-street. and took away some wearing
apparel. The list of articles produced was the same.
There were sixteen dresses, some satin, others corded silk,
white glac6, and pink dresses, a Japanese silk, blue satin
tunic, morning and evening dresses, various sorts of
skirts and petticoats, crinoline, coats and jackets, cash-
mere and other jackets, kid and side spring boots, seven
chignons; two long curls, ten plaits, and a grey beard,
two pairs of garters, a bottle of bloom of roses, about a
pound of wadding for padding, and a bottle of chloroform.
He also produced a quantity of photographs and albums,
which were of a similar description to the others, and
simply represented the defendants and ethers dressed as
females.

By Mr. Straight : Have heard that chloroform is used
for the toothache.

By Mr. Poland : And bloom of roses for the cheek ?
(Laughter.)
Witness : The photograph produced is that of a man
dressed as a female, with the initials "E. B." at the
back, and not concealed.

Mr. Poland was about to read the letter, when Mr.
Besley and Mr. Straight objected ; but Mr. Flowers
over-ruled the objection.
Mr. Burnaby then read a letter dated the Bth of April,
signed " Louis," addressed to "My darling Ernny," in
which the writer requested Boulton not to grow his mous-
tache before the next time they met. Two other letters,
dated the 13th and 17th of April, were read. The latter
referred to his feminine appearance, and intimated as
long as he continued as he did, and went about in " drag" so
much (meaning dressing in women's clothes) his mous-
tache would not have a chance.

Mr. Flowers thought the letters merely contained words
of endearment, as " darling- Ernny " and " loving
Louis." One expression was favourable to them. _

Mr. Poland then read a letter dated the 20th of April,
likewise addressed to Boulton, alluding to his living in
" drag," and remarking, what a wonderful boy, and ex-
pressing a wish to come to London to see him in all his
magnificence. (Laughter.)
Mr. Poland then referred to the question of bail, and
observed that as the charge resolved itself into one of
conspiracy to commit a felony the magistrate would have
discretion. He urged a remand without bail.
After the reading of the third letter, Mr. Flowers de-
cided on refusing bail, and the defendants were again
remanded for another week.

THE COLLISION BETWEEN THE ONEIDA
AND THE BOMBAY•

Some official correspondence and documents relating to
the collision between the United States corvette Oneida
and the steamship Bombay have been presented to Par-
liament. The most important item is a note from the
Board of Trade to the Foreign Office. In this note the
course taken by the Board of Trade is fully summed up
by Mr. Shaw Lefevre. Ile says : —Lord Clarendon
will observe that the' statutory duty imposed
on the Board of Trade under the circumstances, is
that of reviewing the sentence passed by the naval court
upon Captain Eyre for a breach of the 33rd section of the
Merchant Shipping Act Amendment Act, 1862." From
the replies which the Board have made to the applications
of the Peninsular and Oriental Company, and of Mr.
Eyre, Lord Clarendon will see that in the performance of
this duty the Board have expressed their opinion that,
not only is the conclusion of the court concern-
ing Captain Eyre's conduct after the collision
justified by the evidence, but the sentence of six months'
suspension pronounced by the court is inaduquate to the
gravity of the offence. Lord Clarendon will also see that the
Board of Trade entertain a very strong opinion concern-
ing the obligation upon masters of ships which have come
into collision to stand by and render assistance to each
other. And they have expressed in no measured terms
their condemnation of conduct such as that of which
Captain Eyre has been found guilty. At the, same time
they think it important to remark that such conduct was
for the first time made punishable in this country by the
act to which I have referred. And, so far as they are
aware, no other maritime nations have any law by which
such an offence, if committed by the captain
of one of their own ships, could be punished at all. Look-
ing, therefore, to the matter in an international point of
view, it appears that British law compels the
.performance
by masters of British ships of the duties in question,
whether towards British or foreign ships, by means of a
sanction which no other nation enforces against its own
shipmasters. The Board of Trade have not power to re-
open an inquiry which has been terminated by tin decision
of a naval court, except for the purpose of mitigating any
sentence which the naval court may pronounce, nor
would it be within the scope of their functions as a de-
partment of Government to take civil proceedings against
the Bombay or her owners on behalf of the sufferers by
the collision. The only.proceeding which it would be
possible for her Majesty's Government to institute in
any such case, would be a criminal proceeding against
the master or crew of the ship causing the collision
'for culpable negligence or misconduct leading to loss
of life. Such a proceeding, however, being penal,
must be supported by distinct and conclusive
evidence ; and the Board of Trade would not be justified
in attempting such a proceeding in the present case, unless
reasonably satisfied that it could be proved that the colli-
sion in question was due to culpable negligence or
misconduct on the part of the captain or crew
of the Bombay. Upon this point, however, the
decision of the Naval Court is entirely favourable
to the Bombay ; and the Board of Trade, as at present
advised, see no reason for thinking that decision wrong.
Not only, added Mr. Lefevre, was there no reason for
doubting the justice of the Court's decision, but the best
professional opinions were in favour of that decision. It
is, however, within the power of the United States Go-
vernment to raise the question by a suit for damages
against the owners of the Bombay. In such a suit the
issue would be raised in the form most favourable to the
Oneida • and the civil courts which would try the case
would be in no degree bound by the decision of the Naval
Court at Kanagawa.

Mr. Newdegate's motion for the appointment of a
select committee to inquire into monastic and conventual
establishments has brought up 868 petitions to Parlia-
ment, bearing 282,366 signatures, against the nomination
of the committee; and 969 petitions, bearing 251,927
names,in its favour. For repeal of the Contagious Diseases
Acts, 345 petitions, signed by 230,436 persons, have been
presented. For giving votes to women there have been
377 petitions bearing 126,760 signatures.
THE PURCHASE OF THE COLISSEUM.—An action has
been brought in the Court of Exchequer, arising from the
sale of the Colisseum, in the Regent's Park. The plaintiff,
Captain Maillard, held a lease of it, and Mr. Thomas
Page, the well-known civil engineer, entered
into an arrangement with him to form a
company to open it as an opera house. A
bill of exchange for £5,000, payable in six
months, was given by the defendant as an earnest of his
intention to carry out the agreement. The
efforts to form a company eventually failed. Mr.
Baron Pigott held that the non-formation of the
company, did not prevent the payment of the bill within
the meaning of the agreement, but left the jury to say
whether the defendant was able to meet it when it came
due. The jury found that he was not able to meet it.
The learned judge directed a verdict to be entered for the
defendant, but gave leave to move.

THE FRENCH PARLIAMENT.

The Senate resumed its sittings on the 12th of May,
M. Rouher was in the chair. The President proposed
that the different committees should be named. M.
Chevalier called attention to the importance of the measure
concerning the postal treaty between France and England
The President pointed out the difficulties of the case in
the present aspect of affairs, the old constitution having
been virtually put aside, and the arrangements for the
Senatus- Consultum not being completed. He therefore
advised the postponement of the bill until the new
state of things was formally established. The Legislative
-Body also sat the same day, M. Schneider in the chair.
M. Raspail was in his place. The drawing of the bureau
took place. The President said that France was impa-
tient for the official proclamation of the late vote on the
Plebiscite, and he proposed that the Deputies
should meet the next day to examine the results
of the election. M. Pelletan desired that they should
have a public sitting for the discussion of the bill on the
press. Before the proceedings terminated the Govern-
ment was asked concerning the purchase of the Roman
remains by the State, to which the Minister of the Fine
Arts said he must decline to give an answer.