The Sun.
London, England, 1870-11-05 00:00:00

LAW AND POLICE,

A HAY-DEALER AND HIS CARMAN CHARGED WITH
CRUELTY.—WiiIiam Dale, a lad in the employ of Mr.
Joseph Burt, hay-dealer, of Barnet, was charged before
Mr. Knox, at the Marlborough-street Police-court, with
working a horse in an uufit state ; and Mr. Burt (who
accepted service of a summons) was summoned for
sending out the horse. George Young, officer of the
Royal Society for the Prevention of Cruelty to Animals,
said that yesterday afternoon he *saw Dale in Wells-
street, Oxford-street, with a horse which was in a miser-
able condition, attached to a hay cart. On examining
the horse he found it to have several wounds about it.
He asked Dale where he had brought the horse from, and
he said from Barnet with a load lof hay, and that he was
going to take it back again, and that his master was in the
stable when he left. The horse was in such a condition
that it was scarcely able to get to the Green-yard. Mr.
Arthur Cherry, the veterinary surgeon, said the horse had
several sores about it, it was old and worn'out, and it was
quite unfit to draw a load of hay. Mr. Knox asked
whether the horse in such a condition staggered from
Barnet. Mr. Cherry, said it did, and staggered to the
Green-yard. The defendant Burt said he could prove
the horse was 'not eight years old. He had been ill for
some time, and Dale knew it, and that he was not in the
stable when the horse was taken out. Mr. Knox asked
Burt whether he was willing to have the wretched horse
destroyed. Burt said the horse cost £l5, but the magis-
trate could do what he liked with it. He would have it
destroyed. Mr. Knox said on the condition that the
horse was destroyed, and all the expenses paid, there
would be an end of the matter, and this was carried out.
ROBBING A GENTLEMAN. William Ashmead was
charged, at the Westminster Police-court, with stealing
a£s note and three sovereigns. Mr. Kisdam, a medical
student, said he lodged in the house of prisoner's parents,
Cambridge-street, Pimlico. On the 13th of October he
put the money in a drawer in his bed-room, and missed
it two days afterwards. Having stopped the note he sub-
sequently went to the Bank of England, and look-
ing at his note, which bad been paid in, found '
au endorsement on it resembling the handwriting
in his weekly account book, which was kept by the land-
lady's sons, prisoner and his brother. A barmaid at the
Commercial Tavern, King's-road, Chelsea, said the note
was changed there, but she could not say by whom.
Detective Taylor, of the B division, proved appre-
hending the prisoner. Mr. Arnold wanted to know upon
what grounds the prisoner was brought before him. There
was no evidence against him. Something had been said
about handwriting in a book and handwriting on the note,
but there had been no proof. Taylor : His mother is in
court. The mother stepped forward, and said that the
prisoner had bad no opportunity of taking the money.
Mr. Arnold thought this was anything but evidence for
the prosecution. Adverting to a case brought before him
a few days ago, which was unsustained, he said that if
the practice was continued by the police, he would not
entertain charges unless a warrant was applied for.
Prisoner was discharged.
IMPUDENT ROBBERY OF SUGAR BY A BOY.--William

Wood, a boy, aged twelve years, was brought before

Mr. Paget, at the Thames Police-court, charged with
cutting open two bags of sugar, and stealing sugar there-
from. John Henry Schoem, a German shoemaker, said
that last night he saw the prisoner in front of the pro-
mises of Wainwright and Gadsden, sugar refiners, draw-
ing sugar out of a bag in a sugar waggon, and putting it
Into his cap. He seized prisoner and held him until
assistance arrived. Other evidence was given, from which
it appeared that two of the bags of sugar in the waggon
had been cut open and sugar taken out. There was a
pound and a half of sugar in the prisoner's cap worth kid.
The prisoner said he did not cut the bags, and the sugar
and cap were not his. Mr. Paget remanded the prisoner
for a week.

ROBBERY BY A FOREMAN IN THE DOCK.—Wm. Overton,
a foreman on the cigar floor of the St. Katherine Dock,
was charged, at the above Court, with the unlawful
possession of 16. cigars. He was stopped by a constable
named Whitehead as he was leaving the Dock yesterday
afternoon, at 5 o'clock. He said that he picked them off
a case. Mr. Paget sentenced him to two months' fin-
'prisonment, with hard labour.
LIABILITY OF A CORPORATION. —ln the Court of
Queen's Bench a motion was made by Mr. Denman,
Q.C., in " Forman and Wife v. the Corporation of Can-
terbury," involving a nice point of liability, under the fol-
lowing circumstances. The action was brought at Maid-
stone against the Corporation as the local board of Can-
terbury, The surveyor of the highways had placed on
the side of one of the roads leading out of the city, a heap
of stones. As the plaintiffs were driving a cart on a very
dark night, the cart ran up against it, and was upset.
They were thrown out and the wife was very
severely and permanently injured. Her collar-bone was
fractured, and her shoulder-bone put out. The jury gave
a verdict for £l,lOO. It was now argued that the plain-
tiffs had been guilty of contributory negligence in not car-
rying lighti ; that"the Corporation could not be personally
liable in law for the damage ; and that the damages were
excessive. On all or any of these grounds, a new trial, or
a non-suit was asked for. The Court refused the applica-
tion, on the ground of contributory negligence, but gave a
rule for the question of liability of a Corporation.

THE RECTOR OF LIVERPOOL AND THE CORPORATION.—
In the Court of Vice-Chancellor Malins a petition in-
volving an important principle of law was investigated.
In the year 1866 the Corporation of Liverpool, exercising
compulsory powers vested in them by an Act of Parlia-
ment, purchased the burial-ground attached to St. Peter's
Church in the town for a sum of Vi,600, to facilitate
street improvements. Prior to that period the ground,
having been closed by an order in Council, was unpro-
ductive, but the rector had formerly received
all the rents and profits. The court had decided
the liability of the corporation to pay the purchase money,
and the question now raised by the petition was to whom,
if the fund were invested, the dividend was to be paid,
the new Burial Board and the select vestry of the borough
clajpaing an interest in it as well as the present rector.
THE Vice-Chancellor held that neither the Burial Board
nor the vestry could have any interest in the purchase,
Inasmuch as they had not previously derived benefit from
the property. The rector for the time being was the
actual freeholder, and as such, notwithstanding that the
purchase by the corporation was an unexpected windfall,
he was solely entitled to
.the dividend arising from the
fund.

THE MONT CENIS RAILWAY.—A petition for winding
up the company owning this undertaking was heard by
Vice-Chancellor Malins, it being presented by Mrs. Bacon,
a small debenture holder. Mr. Cotton, Q. C. ,
explained that the concession granted by the
French and Italian Governments would have effect
only until the completion of the tunnel through the
Alps. If the creditors interfered before that time, those
Governments were in a position to put an end to the con-
cession. The company, as an equivalent for the concession,
were now bound to run certain trains ; but if the creditors
would forbear fora couple of years the tunnel would be
executed, and meanwhile efforts would be made to induce
the Governments to assent to the running of a smaller
number of trains, and the substitution to some extent of
sledges, so as to diminish the expenditure, and conse-
quently the losses of the creditors. The Vice-Chancellor
adjourned the petition for a fortnight to enable the com-
Gany to open negotiations with the French and Italian
overnments.

THE PEMBROKE ELECTION PETITION.—The Court of
Common Pleas has granted a rule; to review the second
taxation of costs in this case, the Master having allowed
a lump sum for preliminary expenses, instead of giving
judgment on the various items. The charges have been
enormously cut down, and Mr. Meyrick, the sitting mem-
ber, complains that the costs allowed are insufficient for
the work performed. The court refused to interfere with
the taxation of counsels' fees.

THE BABY FARMING DISCLOSURES.--Under the direc-
tion of Superintendent Gernon, of the P Division, Ser-
geant Relf and Constable Tyers, who carried out the de-
tails in reference to the case of the baby farmers Waters
and Ellis, have since the last remand of the woman Hall.,
charged with attempting to foist another person's child
upon a Mr. Lee as his own, been actively engaged
prosecuting inquiries. These inquiries have resulted in
most startling disclosures, but at present details cannot
be made public. In the house of the woman Hall, amongst
other articles, were discovered over 200 diapers, over 100
marked with her name. Upon several others were the
following marks : " 5.5.," " Emma Garrod," " Foster,"
"F. 8.," "F. M.," "G-. R. L.," " F.," "S. D. L.,"
M. D. H.," " H. 5.," " M. H.," "J. G.," " M. A. 5.,"
J. D. L.," "Emily Cope," &c. In regard to the case
of Mrs. Waters, who a short time back was executed at
Horsemonger-lane Gaol, it may be stated that one of the
infants no doubt farmed by her is still in want of an
owner. On the 28th September, 1868, a female infant,
about a week old, was placed out by Mrs. Waters with a
Mrs. Pronger, of 13, Detinett's-road, Peckham. Waters
stated she had received it that night from a lady. It
was then dressed in a brown linsey pelisse trimmed with
braid, a merino hat and feather, white frock with blue
bows, and around its neck a pocket handkerchief marked
"R. M. Newal, 36, 1864," in ink, and a mark in red
cotton over that. The child is said to be a handsome and
fine one.

Barometrical presstire has risen in Norway and the
north of the British isles, and fallen slightly in the south
of England and in France. Readings are now very high
and uniform. Temperature has fallen a little in the north,
bukrisen in the south of these islands. Winds continue
verY light over Great Britain, chiefly from the northward.
Weather is overcast in the south, cloudy generally, with
much fog and- mist in the south, especially in London.
The sea is mho.

BREAKFAST. —EPPS'S COCOA.- -GRATEFUL AND COM.
FonTilio.—The 'very agreeable character of this preparation has
rendered It agencral favourite. The Civil 'iery ic.f Gazette re-
:--" By a thorough knowledge of the natural laws winch
govern the operations of digestion and nutrition, and by a
-careful application of the fin° properties of well-selected cocsm,
Air. Epps has provided our breakfast tables with a. delicatelyflavoured beverage winch may save 119 many heavy doctors'
bills." Made' siiiiptly with hater err milk.. :sold only in
13[1;3 11011),ROIIth:
c
Chemists, Lvu-.1,,n,

THE WAR.

THE CAPITULATION OF METZ,

THE TROOPS AND THEIR COLOURS.

The special correspondent of the Independance Beige
at Metz says that it was a distressing sight to see the sol-
diers at the time of the surrender declaring that they had
been betrayed, and weeping at the prospect before them.
The Zouaves were particularly indignant. They
had on the previous evening divided their flag
between them. Four of the youngest officers had presented
themselves to the Colonel, and told him they wished to
save the flag. He remonstrated, and said that the
Marshal had given orders that it should be taken to the
arsenal. " No," said they, " let us tear it up, and each
keep a piece." In all the regiments the same devotion to
the flag was displayed. The Colonel of the 84th went to
Bazaine and expressed his determination not to deliver
up his flag. "It is important though," said Bazaine,
"that it should be relinquished." " Never ; I and my
standard-bearer will rather die under its folds." The
artillery of the Guard took theirs to the arsenal and asked
them to burn it at once. Presently, was replied, to which
they returned for answer that they would take it away
again, which they did, tore it up, broke the staff, tore the
eagle, and threw them all into the Moselle. Among
the officers recriminations were numerous, and
old General Viola loudly reproached Lebceuf for
having prepared all these disasters for them. "It is you
who have brought us here." " But," said the Marshal,
"the forts were not armed." " Well, who ought to have
seen to them ? You have lost us and humiliated us."
Thus speaking the old General turned his back on the
Marshal. The next day Lebceuf went to shake hands
with the General, and the latter remarked, " What can
be done, nothing makes an impression on him ?"