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

WESTMINSTER.

DENm Ax.)
John Goidspink, 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 lady of
Captain Fulcher, 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. Fuleher ; 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 kitchen,
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 suc-
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 noise, came to the room, and the prisoner desisted.
The police were then sent for, but in the interim the
prisoner contrived to get access to the razor ease 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 conduct ; 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 CIIIET 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;thelwil-
ful murder of a male child, the illegitimate issue of their
daughter, El.zabeth 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, he had also carefully
looked over the depositions, and he concurred in the
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 no decisive evidence of
the tact. 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 p3nd upon the premises
close by, and on his going to see what was the matter,
he saw thelwater disturbed as though something had
been thrown into it. Nothing further transpired for
nearly a month, a hen a boy observed some substance
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 eflast year that she should have
a child in ebout 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
11 magistrate she did not make this statement, but after
the prisoner was committed for trial and admitted to
bed 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 ass depositions in the case.
Mr. CLARKSON, in his address to the jury, complained
of the mode in which the prosecution had been get 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 scales of justice even
between the Crown and the prisoner, being also placed in
the position of solicitor for the prosecution, and cora-
-1 polled to embark into the cause with all the zeal which
such a position required. lie then went on to urge that
the proceeding adopted by the police of taking the wit-
nesses to Mr. Gell'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 CHIEF 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 having had a brickbat tied round its neck, that a most
\serious offence had been committed, and the police, no

DARING HIGHWAY ROIIDERY.—H. Layton was
charged with being concerned with another man, not in
custody, in a daring highway robbery.
Mr. R. Cole, a tailor, residing in Gray's Inn-lane, on
his return from Astley's Theatre, on Wednesday, called
at a public-house at the foot of Westminster-bridge, on
the Middlesex side, and partook of some refreshment.
Whilst doing so the prisoner and another man in a
flannel jacket entered into conversation with him, in the
course of which prosecutor expressed a desire to see an
old friend of his, named Dunn, who resided somewhere
in Westminster, but with whose precise address he was
unacquainted. Prisoner pretended to know Dunn and
his abode well, and proffered to conduct the prosecutor
to him; and the latter, who had been drinking a little,
but was, as afterwards proved by the testimony of other
itnesses, perfectly cognisant of what he was about,
consented to accompany him. The man in the flannel
jacket shortly left them, and after the prisoner had
taken the prosecutor some distance, into a very secluded
place, he suddenly stepped behind the prosecutor, and
pinioned him, while another man took his gold watch
and seals from his pocket, ns, also, some silver money.
At the time he was being robbed the prisoner said, " Be
quiet—be quiet; it will be all the better for you." The
man who rifled his pockets had a bar of iron in his
hand, on seeing which, prosecutor, who was much
alarmed, entreated him not to ill-use him, when he re-
plied, " Then give up your watch and money." Prose-
cutor offered no resistance, and expressed, in the course
of his examination, his firm conviction that had he done
so he should have been murdered. The prisoner and
his companion then walked away with their booty, and
the prosecutor was glad to escape in an opposite direc-
tion, to acquaint the police with what had occurred, and
the prisoners were afterwards captured.
Mr. Buenzu. asked prisoner what he bad to say?
The accused answered, " Nothing at present."
lie was remanded till Thursday next.

NAVAL INTELLIGENCE.
PLYMOUTH, MARCH 22.—The Prince Regent, 92, is
expected off this port to receive officers and men for the
following ships, the St. Vincent, Canopus, and Dragon,
which on her arrival will be sent off to her in the Con-
fianee;isteam -tug.
The Champion, IS, is expected to sail from this port
about the 26th instant, with mails for Madeira, Rio de
Janeiro, Rio Plata, and Valparaiso.
The quarterly muster of the establishment of the
dockyard took place yesterday, before the admiral-
superintendent and officers of the dockyard, at the ap-
prentius' school-room.
The Hercules store-ship is expected to sail from this
port about the 29th instant, with mails for Madeira,
Cape of Good Hope, and Bombay, under the command
of Master-Commander Robert Fulton.
The following supernumerary warrant officers of this
ordinary have been superannuated during the past
week:—Boatswains: John Furze, 601.; James Foster,
50/.; J. D. Symea, 661.; John Hill, 551.; Thomas An-
, dertun, 751.; and Henry Hooper, 381. Carpenters: Ro-
bert Allison, 45/.; William Bean, 65/.; J. P. James' 65/4
Thomas Hodes, 501.; Andrew Clarke, 421.; Joseph Mott,
821.; John Roberts, 551.; David Duman, 70/.; John
Spurraway, 641.; David Gray, TOL; and Samuel Boulton,

The Agincourt, 7:2, was taken out of No. 4 dock on
Tuesday; and the Cambridge, 78, will be taken into the
same dock on Wednesday morning.

APPOINTMENTS.

ADMIRALTY, MARCH23.—William Collison, Acting
Boatswain, to the Illustrious; Peter Tucker, Boatswain
of the Resistance, advanced to the 2d Class; Benjamin
C. White, Clerk, to the Dee; S. W.K. Freeman, Second
Master, to the Triton; J. H. W. Bownman, Clerk in
Charge, to the Triton; Charles Hutchens, Clerk, to the
San Josef; Constantine J. Evans, Clerk's Assistant, to
the Wellesley; Hugh M. Elliot, Lieutenant, to the St.
Vincent; W. R. Rolland, Lieutenant, to the Sidon;
Aaron S. Sysnes, Lieutenant, to the St. Columba.

PROMOTIONS.

John Barn, to be retired Commander, under order in
Couucil of 1816.

WAKEFIEID, PONTEFRACT, AND GOOLE RAILWAY.
—Captain Laffan, of the Royal Engineers, Impeoter of
Railways, eaaaiined the Wakefield, Pontefract, and
Goole Railway on Wednesday last, the 22d instant.
After a most minute inspection of the whole works, he
expressed himself highly pleased with the general ap-
pearance of the line, and stability of the works. We
understand the line is to be opened by the directors on
Wednesday next, the 29th, and thrown cpen to the
public a day or two afterwards. Captain Laffan was
ace )mpanied in his inspection by Mr. Harris, the
engineer to the line ; Mr. Hawkahaw, of the Lancashire
and Yorkshire Railway, and several other gentlemen.
JERSEY, Marten 23.—The States of this island
asset ntlid under the presidency c f the Lieu anent Bailiff,
when a letter was read from Sir Denis Le Merchant,
addressed to his Excellency the Governor, with the
assurance that the rumour that it was the intention of
the Government to impose custom duties on the island
was totally incorrect. The annual report of the prison
board was next read, by which it app( &red that 102
debtors had been confined in 1847, Leif g 53 more than
in the previous year, 1846. The great i❑crease in pau-
perism was brught under the notice of the assemblage
by Judge Philip Winter Nicolle, when it was agreed that
the constables should arrest all beggars, and bring them
be fore the Royal Court ; and that if non-natives, they
be sent off the island, and if natives to the hospital. It
was stated that during 1847, 1,234 paupers had left
Jersey, costing the island a large sum of money, and
that the numbers augmented daily. The States con-
tinued the discussion on the New Criminal Code, and
adopted six of its clauses.
GROCERS AND TEA-DEALERS' PROTECTION Se-
CIETY.—Last night a numerously attended meeting of
the above institution was held at the London Tavern;
Mr. Dennis in the chair. The eleventh annual report
was read by Mr. Garraway, the secretary.' rhis do-
cument went to show that the society had progresied
most favourably during the past year, notwithstanding
the vast amount of commercial calamity with which this
ceuntry has been visited during the same reriod. The
receipts for the last twelve months stood as follow:—
From 655 annual subscribers, 8111. 12s. ; 44 donors,
3131. 10s. 6d.; dividend on funded stock, 3551. 17s. 6d.;
total, 1,4811. The number of the pensioners who have
received assistance from the institution since its corn-
mercement is 55, and the amount furnished to them
reached 3,841/. The number now living, and in the
rcecilit of pensions at the present time, is 34, and the
amount paid annually to them is 738/. 1 wring the year
the disbursements re ached 1,6311. 15s. 3d., the balance
in hand now beirn; 871. 14s. 6d. The report having been
unaniruously received, the resignation of Mr. William
Sewell,] the late President of the society, was read.
Mr. Henry Campbell was chosen ileIN. Cole. to take his
place. Atter the tranFaction of business of a routine
character, consisting of the choice of officers, and in
making arrangements for the annual festival, thanks
were voted to the Chairman, and the meeting sepa-
rated.
DEATH OF TOE HON. AND REV. THOMAS DUN-
DAs.—This gentleman died on thee 17th inst., at the
Rectory, Hartpool, Northumberland, aged 73. He was
son to the first Baron Dundus, and was consequently
brother to the first Earl of Zstland. In 1810 he married
the daughter of the Rev. James Bousquet, by whom,
who died in 1827, he had issue seven chitdrem He held
the rectory since 1803. It is worth 5291. per annum,
and is in the gift of the Earl Fitzwilliam.
Yesterday the Lord Mayor issued a warning to
the omnibus drivers and conductors plying through the
city of London that they would not be allowed to make
plying places of the thoroughfares. For the future,
any omnibus driver obstructing the highway in the
City is to be punished with the utmost rigour. Grace-
church street is set apart for them to wait for passengers.
BEDFORD UNITED MINE COMPANY.—A general
meeting of this company was held yesterday at the
offices in Threadneedle-street; Mr. Bro wn in the chair.
when several letters were read from the mining captain,
describing the state of the works. The chairman gave
to the meeting a verbal report on the part of the direc-
tors, from which it appeared that they had at the
bankers, in cash, 2,3161., and in bills 7081., making to-
gether 3,024/, besides a bill for 1301., recently received.
From these various items of profit, the directors recom-
mended a dividend of ss. per share.