The Sun.
London, England, 1848-03-24 00:00:00

EV EN IN. M AACH 24, IP4B,

I'A.XtLIAME

iNTARY DIVISIONS.

From the Votes and Proceedings of the Ibuse of Conimon.4.3,
THURSDAY, MARCH 23.
HARWICH WRIT.
Motion made, and Question proposed, " That Mr. Speaker
do issue his Warrant to the Clerk of the Crown, to make out
a new Writ for the electing of a Burgess to serve in this
present Parliament for the Borough of Harwich, in the room
of John Attwood, Esq., whose Election has been determined
to be void :"—Amendment proposed, to leave out from the
word " That" to the end of the Question, in order to add
the words " leave be given to bring in a Bill to extend the
Limits of the Borough of Harwich, with a view to increase
the number of Electors for the said Borough," instead
thereof:—Question put, That the words proposed to be
left out stand part of the Question." The House divided:—

_
MAJORITY-AYES, 195.
Acland, Sir T. Foley, J. H. Malgrave, Earl
Adair, Hugh E. Forbes, William Neeid, Joseph
Adair, It. Shafto Fortescae, Chichester iorreys, Lord
Aglionby, H. Fox, Richard M. O'Connell, M. J.
Aleock, 'I homas Fuller, A. E. Oswald, Alexander
Alexander, N. Gladstone, W. E. I'acke, C. W.
Arbialmott, Hugh Gip), G. C. Paget, Lord Clarence
.irmstrong, R. B. Gordon, Admiral Palmerston, Vie.
Arundel, Earl of Goulburn, Henry . Parker, John
Bagge, W. Graham, Sir James Patten, J. W.
Bagsliaw, John Greene, Thomas Peel,:Sir Robert
ilaillie, 11. J. Greufell, C. Pascoe Pigott, Franc:,
Baring, llenrY Grenfell, Charles W. Plowden, W. 11.
Baring, F. T. Grey, Sir G. Pugh, David
Baring, W. B. Guest, Sir J. ruse y, P.
Barnard, E. G. tale, R. B. Rawdon:Colonel
Barron, Sir H. Raiford, Sir Henry Rendlesh.:llll, Lord
Bateson T. Hamilton, Lord C. Repton, G. W.
Renew, 'R. M. Hawes, Benjamin Maude, Osman
Benhow, John Hayes, Sir E. Rich, Henry
Rennet, I'lllllp 'Wier, W. G. Richards, Richard
illandiord, Marquis Heald, James Rollestou4Colouel
Bourke, Richard S. lleatlicote, Sir W. Russell, F. C. 11.
Bowles. Admiral Henley, J. W. Rutherford, A.
Boyle, Colonel Berries, J. C. ' Sandars, George
Brainston, T. W. 1111dyard, R. C. Scrope, G. P.
Bresaridge, Richard Hildyard, T. B. T. Seymer, Usury Ker
Bruce, Lord E. Hill, Lord M. Seymour, Lord
Bruce, C. L. C. Ilobhouse, T. B. Shelburne' Earl of
Buck, I. . W. Hood, Sir A. Sheridan, R. B.
Buller,":Charles Hope, Sir J.. Shirley, E. J.
Banbury, Edward Horsinan, Edward Sibthorp, Colonel
Campbell, W. F. Houldsworth, T. Sidney, Alderman
Carew, W. P. Howard, E. G. Smith, Vernon
garter, J. B. Hudson, G. Smyth, J. G.
Cavendish, G. H. Hughes, W. B. Smollott, A.
Chichester, Lord J. Ilninphery, Ald. Somerville, Sir W.
Childers, J. W. Hutt, William Sotheron, T. H. S.
Christy, Samuel Ingestre, Viset. Spooner, Richard
Clay, Sir W. Jermyn, Earl Siefert, Augustus
Clements, Charles Jocelyn, Viscount Stanley, R. J.
Clerk Sir G. Johnstone, Sir J. Stanton, W.:H.
Clifford, Henry M. King, Peter John blurt, Henry G.
Cocks, lhomas S. Labouchere, Henry Tancred, H. W.
COlebrooke, Sir T. Lascelles, E. Townley, R. G.
Courteway, Viscount Lascelles, W. S. Tow ley, Cap tain
Cowper, W. F. Lewis, Sir T. Trellope, Sir J.
Cubitt, William Lincoln, Earl of Tullis% Henry
Currie, Raikea Lindsay, Colonel Verner, Sir W.
Davie, Sir Y. Littleton, E. R. Verney Sir H.
Davies, D. A. Lockhart, W. Vyvyan, Sir R. R.
Deedes, W. Lowther, Henry Vyse, R. 11._Ii. H.
Dodd, G. Mackinnon, W . Wall, C. B.
Drumlanrig, Yis. Macnamara, Major Walsh, Sir J.
Drummond, Home M'Naghten, Sir E. Ward, H. G.
Duckworth, Sir J. Maitland, Thomas Watkins, Colonel
Duncombe, 0. March, Earl of West, F. R.
Dundas, Admiral Martin, John Williamson, Sir 11.
Dundas, Sir David Masterman, John Wilson, James
Dundee, George Maule, Fox Wood, Sir Charles
Edwards, Henry Meux, Sir Henry Wood, W. P.
Ellice, Edward Bliines, R. M. Wyvill, Marmaduke
Elliot, J. E. Mitchell, A. T.
Fellowes, E. Molesworth, Sir W.
Fergus, John Monsell, William
Floyer, John Morris, David

TELLass.
Mackenzie, W. F.
Wortley, J. S.

MINORITY-NOES, 64.

--- -
Blake, M. J. Grace, 0. D. J. Reynolds, Joha
Bouverie, E. P. Greece, Joka Robartes, T. J.
Bowring, Dr. Hall, Sir Benjamin Roche, E. B.
Bright, John Hallyburton, Lord Salwey, Colonel
Brotherten, Joseph Hestia, Archibald Smith, M. Tucker
Busfeild, W. Hume, Joseph Stensfield, W. R.
Clay, James • Kershaw, James Strickland, Sir G.
Cobden, Richard Lushington, Charles Sturat, Lerd D.
Cochrane, A. M'Gregor, John Sullivan, Michael
Corbelly, M. E. Moffatt, George Tenison, E. K.
Cowan, Charles Mowatt, Francis Thickness°, Ralph
Crawford, W. S. Napier, Joseph Thompson, Colonel
Duncan, George Nugent, Lord Thornely, T.
Duncombe, A. :Nugent, Sir Percy Trelawny, J. S.
Duncan, John 0 Connor, Feargus T 3 ute, Colonel
Dunne, F. P. Pontoon, J. Wakley, Thomas
Ellice, E., jun. Pearson, Charles Wawn, J. T.
Evans, Sir De Lacy Pechell, Captain Williams, John
Fagan, William Perfect, Robert Yorke, H. R.
Fordyce, A, 1). Pilkington, James TELLERS.
Fox, W. J. Power, Dr. Blackstone, W.
Gaskell, J. M. Raphael, Alexander Osborne, Ralph

Main Question put. The House divided:—
MAJORITY—AYES, 164.
Zlliot, John E. Morpath, Viscount
FeHowes, E. , Morris, David
Fergus, John Neeld, Josepk
Fitzroy, Henry Newdegate, C. N.
Floyer, Jokn Norreys, Lord
Foley, John H. Ossidston, Lord
Forbes, Wm. Peeks), C. W.
Forster, M. Paget, Lord A.
Fortescue, Chichester Paget, Lord C.
Fox, It. It. Palmerston, Viscount
Fuller, A. E. Parker, John
Gaskell, J. M. Patten, J. W.
Gladstone, W. E. Peel, Sir Robert
Glyn, George Carr Pigott, Francis
Gordon, Admiral Plowden, W. H.
Graham. Sir James Pugh. David
Greene Themes Posey, Philip
Greaten, C. Pascoe Rawdon, Colonel
Grenfel , Charles W. Itendlosham, Lord
Grey, Sir George Repton, G. W. J.
Hale, R. B. Ricardo, Osman
Raiford, Sir H. Rich, Henry
Ilawes, Benj. Richards, Richard
Hayes, Sir E. RoHeston, Colonel
Hayter, W. G. Russell, F. C.
Ileathcots, Sir W. Rutherford, A.
Henley, J. W. Sanders, George
llerries, John C. Seynter, 11. K.
PlildyarJ, R. C. Seymour, Lord
Hildyard, T. B. Shelburne, Earl of
Hill, Lend Marcus Sheridan, It. B.
Hobhouse, T. 13. Sibthorp, Colonel
Hood, Sir +lexander Sidney, Alderman
Hope, Sir J. Smith, 11. V.
Hudson, George Somerville, Sir W.
Hughes, W. B. Spooner, It.
Ingestre, Viscount Stafford, Augustus
Jermyn, Earl Stanley, B. J.
Jocelyn, Viscount Stunt, 11. G,
Keppel, G. T. Tancred, H. W.
Laheuchere, Henry Townshend. Captain
Lascelles, E. Trollope, Sir J.
Lewis, George C. Turtle% Henry
Lincoln, Earl of 'Verner. Sir W.
Lindsay, Colonel Verney. Sir H.
Lockhart, W. Vyse, It. 11.
Lowther, Henry Wall, C. B.
Mackinnon, W.'l. Walsh, Sir J. E.
liacnamara, Major Ward, H. G.
M`Naghtea, Sir E. Watkins, Colonel
March, Earl of Williamson, Sir H.
Mastorman, John Wilson, James
Mettle, Fox
Meux, Sir H. MUMS.
Mitchell, T. ♦. Mackenzie, W. F.
Molesworth, Sir W. Wortley, J. S.

Adana, Sir T.
Adair, Hugh
Adair, R. Shaft.
Adare, Viscount
Adderley, C. ft.
Aglionby, H. I.
Alexander, N.

Arbutlinott, H.
Armstrong, R. B
Arundel, Earl of
Ilagge, William
Bagshaw, John
Baillie, H. J.
Baring,;ll. B.

Baring, F. T.
Baring, W. B.
Barnard, E. G.

Bellew, R. M.
Renbow, John

I3ennet, P.
Blandford, Marquis
Rolling, William
Rourke, R. S.
Bowles, Admiral
Boyle, Robert E.
Bramston, T. W.
Bremridse. Richard
Brooke, Lord

Brue4, Lord E.
Bruce, C. L.
Buck, Lewis W.

Buller, Charles
Millbury, E. 11.
Campbell, W. P.
Carew, W. P.
Carter, John B.
Cavendish, G. IL
Chichester, Lord J.
Childers, J. W.
Christy, Samuel
Clay, Sir W.
Clements, Charles
Clerk Sir George
Cocks, T. S.

Codrinl,tou, Sir W.
Colebrook., Sir T.
Courtenay, Lord
Cowper, W F.
Craig, W. G.
Davies, D. ♦. S.
Dodd, George
Duckworth, Sir J.
Dandas, Admiral
Dundas, Sir D.
Dundas, George
Edwards, Henry

sTMINST ER COUNTY COURT, Marci: 23.
(Before 1). C. MovLAN, Esq.. Judge.)
m‘rowiLL v. MATHEWS.

This was an action brought by the plaintiff; a bor,t
and shoemaker, in Regent-street, to recover of the de-
fendant, Mr. Charles James Mathews, the lessee of the
Lyceum Theatre, the sum of 101. 145., the balance of
15/. 14s, for boots and shoes.
The plaintiff said the debt was contracted as long
since as February, 1846, and extended to February,
1847. Some time since he had an interview with Mr.
Mathews, and he agreed to take the debt at 51. per week.
Mr. Mathews then drew three cheques, dating them all
the same day, and addressed them to Mr. Jones, the
treasurer of the Lyceum Theatre, for payment. They
were to be presented to Mr. Jones every week. The
first, presented on- the 28th of February last, was paid,
but on presenting the second, Mr. Jones declined to pay
it, and therefore he did not think it worth while to pre-
sent the third, which, with the second, he begged to
hand into the Court.
The JUDCa; said he thought Mr. M'Dowall ought to
have presented the third before he took proceedings in
that Court.
Plaintiff said he was so convinced of the uselessness of
presenting a third when he c,uld not get the wend
cashed, that he was induced to take the present proceed-
ings at once.
The JUDGE—Mr. Mathews will be ordered to pay the
whole debt and costs in four weeks from this day.
At the conclusion of a case heard in this court yester-
day, the defendant (is tradesman, named Waite, clirryii g
on the business of a corn-chandler and seeds's:lan in 11,1
born), un hearing the decision of the judge against him,
exckiwed, "Do you call this justice? When I want
justice done again, I shan't come here for it." Th,'
Judge immediately ordered him into custody, at the
same time telling him that for his conduct he had ti'
power of committing him to the House of Correction for
seven days, which he would assuredly do, as during the
hearing of the cause he had frequently shown a dispo•
sition to insult him. After his removal, Mr. Mellor, his
counsel, inside an apology to the Court on his behalf ;
but the Judge said that, in order to uphold the dignity
of the Court, be could not listen to any apology till the
whole of the business was got through. At the rising
of the Court Mr. Waite, who had been detained in cus
tody for several hours, was brought in, and both himself
and his solicitor having made an ample apology for his
misconduct, he was allowed to depart.

ASSIZE INTELLIGENCL.
HOME CIRCUIT.—Lewes, Marsh 23.
CIVIL SlDE.—(Betore Mr. Justice COLERIDGE.)
FORTH V. SUMPS( N.
This was an action brought in the shape of a feigned
issue to try the question whether the plaintiff had a lien
upon certain racehorses.
Mr. Ogle and stir. Wyatt were for the plaintiff, and
Sergeant Shoe and Mr. Bovill for the defendant.
The plaintiff is the well-known racehorse trainer, and
it appeared that three racehorses, named Wintonia, Grisi,
and Heedsman, were placed under his care by a gentle-
man named Worley, tied it appeared that these horses
were seized under an execution. At this time a very
considerable sum was due to the plaintiff for keep, train•
ing, &e., and it seemed that the horses were delivered up
to the sheriff's officer under a protest ; and the question
involved in the present action was, whether the plaintiff
was entitled to recover his debt from the judgment cre
ditor under the circumstances in which the horses had
been taken.
The jury returned a verdict nominally for the plaintiff,
subject to the point of law involved in the case.
'1 his cause concluded the business at Nisi Prius,
and Mr. Justice Coleridge then proceeded to try the
prisoners.
CROWN COURT.—(Before Lord Chief Justice
DENMAN.)
John Goldspink, eighteen, was indicted for assaulting
Harriet Mary Fulcher, with intent to murder or to do
her grievous bodily harm.
Mr. Johnson prosecuted, and Mr. Cobbett defended
the prisoner.
The circumstances of this case were of rather an ex-
traordinary character. The prosecutrix is the 1144 of
Captain Fuleher, an officer in the service of the East
India Company, and at the time of this transaction she
was residing in Montpelier-square, Brighton. It seemed
that Captain Fulcher was obliged to be frequently from
home for considerable periods, and during his absence
the establishment, which consisted of the prisoner, who
acted as footman, and some female domestics was left
in charge of Mrs. Fulcher ; and it appeared that she
had had frequent occasion to complain of the conduct of
the prisoner, and had reproved him on the evening of
the 31st July, when this affair happened, for coming
home late. Mrs. Fulcher sent the servants to bed about
ten o'clock at night on the day in question, and the
prisoner, who slept in a room adjoining the kitelisn,
retired with them, and, as she supposed, went to bed.
She herself went to her bedroom about half an hour
afterwards, and having partially undressed herself, she,
as was her custom, took the candle and looked under
the bed, and seeing something which attracted her at-
tention, she was about to make a closer examination,
when the prisoner sprang from under the bed and seized
her by the throat. She struggled with him and sue
ceeded in getting to the bellrope, which she pulled
violently and it broke. The struggle was then con-
tinued, the prisoner still keeping his hand pressed
upon her throat, until at length the other servants, hear-
ing the u time, came to the room, and the prisoner desi,ted.
The police were then sent for, but in the interim the
prisoner contrived to get access to the razor case of his
master, and took one from it with which he inflicted a
very serious wound upon his own throat. It appeared
in the course of the case, that the prisoner had fre
quently been heard to make use of threatening language
towards his mistress on account of her frequent com-
plaints of his coiduct ; and it was suggested that, in
addition to his desire to do violence upon her person, the
prisoner was actuated by an intention to commit rob-
bery, as he was aware that the plate chest was kept in
the room adjoining the prosecutrix's bedroom, and that
she always kept the key in her pocket.
The LORD CHID) JUSTICE, at the Close of the case for
the prosecution, expressed an opinion that the evidence
did not make out the charge of wounding with intent
to murder, and under his Lordship's direction the jury
found the prisoner guilty of an assault only.
He was sentenced to be imprisoned and kept to hard
labour for twelve calendar months, and one week in each
month to be passed in solitary confinement.
Thomas Elphick, 47, and Hester Elphick, 37, his wife,
were charged uponithe coroner's inquisition with theiwil-
ful murder of a male child, the illegitimate issue of their
daughter, Elizabeth Elphich, by cutting it with a knife,
and also by burning divers parts of its body, the man
being charged as principal, and the woman as an acces-
sory, by being feloniously present aiding in the commis-
sion of the murder.
Mr. CREASY, who appeared for the prosecution, said.
that having looked over the depositions, he was of
opinion that the evidence was not sufficient to support
the charge made against the prisoners, and the jury
would, therefore, with the sanction of his Lordship, be
spared from hearing the horrible and revolting circum-
stances under which the prisoners were charged with
the offence, by his withdrawing from offering any
evidence.
The LORD CHIEF JUSTICE said, ho had also carefully
looked over the depositions, and ho concurred in OA
course taken by the Learned Counsel.
The jury therefore returned a verdict of Not Guilty.
Lucy Diplock, a good-looking young woman, surren-
dered to take her trial upon the charge of unlawfully
concealing the birth of an illegitimate child by casting it
into a pond of water.
Mr. Johnson and Mr. Creasy prosecuted; Mr. Clark-
son and Mr. Parnell conducted the defence.
The circumstances under which this charge was pre-
ferred appeared to be that the prisoner was cook in the
service of a tradesman at Hailsham, and during the latter
part of last year suspicion was entertained that she was
in the family way by her fellow-servants and other
persons, and on the 2d of December it seemed that she
was very ill, and kept her bed for two or three days,
and it was suspected that at this time she was deli-
vered of a child, but there was ao decisive evidence of
the fact. Nothing particular occurred from this
time to the beginning of January, when it appeared that
a person named Pattenden, who was in the same service
as the prisoner, and who was then engaged in the stable,
heard a violent splash in the pond upon the premiss
close by, and on his going to see what was the matter,
ho saw thojwater disturbed as though something had
been thrown into it. Nothing further transpired for
nearly a month, Vk hen a boy observed some substanco
floating on the pond, and on its being taken out it
proved to be the body of a child, and on its being ex-
amined it was found that a cord had been passed round
its neck, to which a brickbat had been attached. It was
satisfactorily proved by the post mortem examination
that the child was not born alive, and, therefore, the
only question that remained was, by whom had it been
deposited in the pond. The evidence to show that the
prisoner was the guilty party mainly consisted of the
above facts, and one or two other circumstances which
were not of a nature to be detailed, and with the addi-
tion that one of the witnesses represented that the pri-
soner told her at the end of last year that she should have
a child in about a month, or words to that
effect; but, upon the witness who deposed to
that fact being cross-examined, it appeared
that when she was first examined before the
magistrate she did not make this statement, but after
the prisoner was committed for trial and admitted to
bail by the magistrate, she with two other witnesses was
taken by Dawes, one of the inspectors of the Sussex
constabulary, to the office of Mr. Gell, the clerk to the
magistrates, and who also acted as solicitor for the pro-
secution, and there, in the absence of the prisoner, and
without any magistrate being present, the additional
statements were reduced to writing and returned to the
Court as depositions in the case.
Mr. CLARKSON, in his address to the jury, complained
of the mode in which the prosecution had been got up,
and said, this was not the first time he had observed the
great inconvenience of a gentleman who was in the po-
sition of a clerk to the magistrates, and whose duty it
was to assist them and to keep the !codes of justice even
between the Crown and the prisoner, beinF also placed in
the position of solicitor for the prosecution, and com-
pelled to embark into the cause with all the zeal which
such a position required. He then went on to urge that
the proceeding adopted by the police of taking the wit-
nesses to Mr. Gall's office after the prisoner had been
committed, and there subjecting them to an examina-
tion in the absence of the prisoner or any magistrate,
was a most unjustifiable proceeding, and one which
ought not to be tolerated.
The LORD CIIIEY JUSTICE, in summing up, said that
the Learned Counsel for the prisoner had said so much
with regard to the manner in which the prosecution had
been got up that he could not help adverting to it. It
was perfectly clear from the circumstance of finding the
dead body of an infant in a pond, with the appearance
of havi offence a brickbat tied round its neck, that a most
serious bad been committed, and the police, no