The Sun.
London, England, 1848-03-23 00:00:00

plaintiff was then nonsuited.

MIDLAND ClRCUlT'.—Leicester, March 21.
(Before Mr. Justice NIALTLE slwl a Speeird Jury.)
BAILEY AND ANTHER V. MACAULEY.

Mr. Whitehurst, Q.C., Mr. 11,0 es, 4nd :dr. Mellor f ,r
the plaintiff ; Mr. Huintrty, Q.C., Mr. Waddington,
and Mr. Macauley fur the defendant.
The plaintiffs are stationers and advertising agents in
London. The defendant is a surgeon practising in
Leicester. The action was to recover 9721. ss. 6.1. and
interest. In the year 1845 the Midland Union Railway
Company was projected. The defendant was one of the
provisional committeemen on the 17th of October in
that year, and so continued till it became defunct. He
was also one of ten who formed a committee of
management. When the panic came the Midland Union
Railway scheme was abandoned, and its liabilities hav-
ing been ascertained, it was found that if each of the
provisional committeemen now paid MI, all charges
could be defrayed. Some did pay, and others did
not. A sub-committee was then formed, of which the
defendant was one, Mr. Griffiths. of Birmingham, being
its legal adviser; the principal object bi in to compel
payment from some of the reluctant committeemen, and
in compliance with its request. the present plaintiffs
allowed themselves to be put forward as the suing par-
ties. Under threat of such proceedings, some paid,
others determined to go to trial, and as the proceedings
against some who stood out were ultimately abandoned,
the Messrs. Bailey paid 221. Bs., the amount of their
costs. The sum of 9721. ss. 6d. was therefore composed
of three items, namely, stationery, advertising, and costs
paid in suits abandoned. As mere committeeman, the
law (said the Learned Judge) was now clear that a
man was not liable ; but us a sub-committeeman he
might have pledged his credit jointly, or severally, to the
Messrs. Bailey, to indemnify them from loss in bringing
actions against the refractory committeemen.
The jury found for the defendant.
The Judges proceed to Witham on Thursday, where
there is an unusually large calendar for the small county
of Rutland. In the list there is one for murder, one for
stabbing, and charge ef riot and assault, &c.

WESTERN CIRCUIT.—Exeter, March 21.

CROWN COURT.—(Before Mr. Baron PUTT.)

Jane Jenkins, who was found guilty yesterday on an
indictment charging her with having forged a marriage
certificate, and who was not sentenced, in order to enable
the Learned Judge to consult Mr. Justice Wightman on
a point taken by her counsel, Mr. Slade, in arrest of
judgment, was placed at the bar.
Mr. Baron PUTT said that ho had considered the
objection taken by Mr. Slade, that the indictment was
bad, for not averring that the forgery was done with in-
tent to defraud any one. He had examined the Act of
Parliament, and availed himself of the wisdom of ➢lr.
Justice Wightman, and neither of them had the least
doubt but that it was unnecessary to allege any intent
to defraud. The offences predicated in the former part
of the clause under which the prisoner was indicted
are those effected by forging documents in order
to sustain a claim to wages, and, when used, no
ono can say that forging with such au intent is au
innocent act; it is within the meaning and intent of the
Act of Parliament, and therefore the indictment is abun-
dantly sufficient to support any judgment that may be
awarded on it. The Learned Judge then said, that he
had considered that portion of the Act which awarded
the punishment, and found that he had power to miti-
gate the punishment of transportation to imprisonment;
and, taking all the circumstances into consideration, as
the prisoner had been seven months in gaol, he thought
that justice would be satisfied by passing a sentence of
imprisonment for one month, without hard labour.

NORFOLK ClRCUlT.—Cambridge, March 22.
(Before the CHIEF BARON.)
George Jaroria, aged 21, was convicted of having felo-
niously stolen a pair of cloth boots, the property of
William Clements.

The prosecutor begged to recommend the prisoner to
mercy on account of his previous good character and of
this having been his first offence.
The Clams BA/tort—Why did you prosecute ? Had
you refrained from prosecution, you might yourself
have shown him the mercy which you now ask for him
from me.

The prosecutor replied that it had been his wish to
let the prisoner go, but he had informed the constable of
his loss, and the constable had insisted that the matter
should be brought before a magistrate, who had thought
it right to commit the prisoner.
The CuIEP BARON—I feel very strongly on this
point, and taking every fitting opportunity for making
my views on it known. I think that it becomes a
prosecutor in the case of an offender of tender years,
or just entering into life, to consider whether
he will not best discharge his duty to society
by overlooking a first offence. Public justice does
not require that every man shall be punished for
every offence which he may commit, and a magis-
trate 'nay, nay ought, to ask a prosecutor, before a
charge has been pressed so far as to leave the magis-
trate no choice, whether he will persist in pressing his
accusation. I commended on a recent occasion at Bed-
ford a constable who had had the good sense and hu-
manity to seek out the prosecutor of a trifling charge
against an offender, not theretofore known as such, and
ask him whether he intended to persevere on it, instead
of doing his utmost, for the sake of the small reward, to
bring the ease to the assizes. In that case the prose-
cutor had been subjected to losses, and was compelled
to proceed; but it continually happens that prosecutors
are urged on by the constables to prosecute when they
would rather yield to the suggestions of humanity, and
extend indulgence to a first offence. This is done for
the sake of the few !Amy pence which are allowed for
the attendance of constables. I have now no choice,
and must do my duty.
The prisoner having made no answer to the demand of
the officer, whether he had anything to say why judg-
ment should not be passed—
The CIIIEP BARON said—l think that no man does
credit to his own views of his duty to society who, for a
petty loss, cuts off from him by whose act he is a loser—
if that act is a first deviation from the paths of honesty
—all chance of returning to society without the stigma
of a conviction for felony impressed on him for ever.
That this has been done in many cases, as in this,
through the meddling officiousness of constables, greedy
for the small gain of the addition made to their ordinary
payment when they go to assizes, is clear; and I invite
the attention of magistrates to the fact. The verdict of
the jury cannot be disregarded; aid I trust that when
the prisoner comes out of prison, he will justify by his
conduct the kind recommendation of his master. The
sentence of the Court is, that he be imprisoned and kept
to hard labour for six weeks.

POLICE INTELLIGENCE.
MANSION-HOUSE.
A great deal of interest was caused by the accusation
of a person of very respectahle appearance and address,
named John Dol4in, charged with having been concerned
in forging a will.
Mr. Wuntner appeared for the prosecution, and Mr.
Humphreys tor the prisoner.
Mr. Wontner said he appeared at the instance of Mr.
Richards, Deputy-Lieutenant of the county of Pem-
broke, against the prisoner, who was concerned with
Captain Peregrine Bowen, half-brother to the testator,
in forging a will, purporting to be the will of W. Mus-
grave Bowen. Captain Bowen had been some time ago
examined before the Lord Mayer on the charge, but he
put an end to the case, as far as he was concerned, by
hanging himself in the Giltspur-street Compter. fled-
ington, the officer, subsequently apprehended the pri-
soner, who was suspected of having forged the signature
" John Bell," as attesting witness to the will, which
purvirted to bequeath considerable property to the late
Captain Bowen, to the prejudice of Mr. Richards, the
sole legatee under a will lodged in Doctors' Commons.l
The following was the principal evidence adduced :
A clerk in the Prerogative-office produced the authen-
tic will of W. Musgrave Bowen, dated 2d September,
1845. Tho probate was granted to W. Richards, Esq.,
sole legatee, and the property was subject to an
annuity. lie also produced the will alleged to be
forged, purporting to bear date March, 1846, and
bearing the attesting signatures "John 801 l and John
Wood.
Mr. G. Sterling, clerk to Messrs. Walker and
Grant, or King's-road, stated that he was attesting
witness to the first will, which was signed by the
testator in his presence, and in that of William
Walker.

Mr. W. Richards : I am a deputy lieutenant of
the county of Pembroke, and executor of W. Mus-
grave Bowen, deeesied. lie left England in Sep-
tember, 1545, and sent me this will of that date,
in a letter, wishing me health and happiness. I
WAS acquainted with him from my earliest youth.
fie was the son of a Aentleman of some property,
who had children much older by a former wife. My
father brought him up, and he was very much attached
to me and my sister. He had a predilection for the sea,
and went to China iu 1845. I am perfectly acquainted
with his handwriting, and this will is all, with the ex-
ceotion of the attestation, in his. The will of March,
1846, is not in his handwriting, neither is the signature.
It appears to be written in a teigned hand. I believe it
to be all in the handwriting of Peregrine Bowen, except
the name of " John Bell." By it the whole of the pro-
perty purports to be bequeathed to Peregrine Bowen;
and the postscript, which says he considered himself
obliged to Mr. Richards as his representative, but he
had no idea of cutting off his brother Peregrine, seems
to be an imitation of his handwriting. I am familiar
with the phraseology of the postscript.
Miss Harriet Richards, sister to the last witness, con-
firmed his statement in all the essential points.
Mr. W. Holland, agent to the London end North-
Western Railway at the Edge-hill station, said—The
poisaconer is a clerk at that station, and I am in the daily
habit of swing his handwriting. j believe the signature

" John Bell," to the will of March, 1846, to be -in
_his
band Writing.
William Brown, a mariner, said—l was examined at
Doctors' Commons in the case of Bowen against
Richards. I was acquainted with Pere:rine Bowen,
and issued notices at his desire to discover two persons
named "John Bell" and " John Wood." After I issued
the notices I received a letter signed " John Bell" by
post, and I produced it at Doctors' Commons, where it
was deposited.
Joseph Hedington said—l went to the Edge-hill
station, and saw the prisoner collecting cheques. I fol-
lowed him alter he finished his business, told him I was
an officer from London, and that he was charged
with having forged the name of " John Bell " to
a fictitious will. He said it was a very hard
thing for a man who was quite innocent and
knew nothing at all about it to be taken into custody. I
went with him to his house, and I found amongst his
papers two letters addressed by Lieutenant Bowen to
John 8011. I was outside the office at Doctors' Com-
mons when Peregrine Bowen went there on the 2d of
last month, and I accompanied him to Liverpool in the
same carriage. When he arrived at Edge.hill station,
Peregrine Bowen gave a letter to the cheque-taker for
the prisoner, and when I apprehended the prisoner I
asked him for that letter, and he said he did not know
what became of it.
Patrick Coulon, of the revenue p lice at Kilbeggan,
steted that he was under the prisoner for more than six
years, and knew his handwriting. Ile considered "John
Ball " in a letter produced, and " John Bell " in the will,
to he his.
Jane s Ryan, also of the revenue• police, gave similar
evidence.
Mr. J. Jones, superintendent of the London and North
Western Railroad, said—l have known the prisoner
eighteen month or two years. I hive seen Lieutenant
Bowen frequently with the prisoner, and I heard the
prisoner often speak very highly of Lieuteaunt Bowen.
I once heard the prisoner say he had been security for
Bowen to a loan society, and had done raore for him
than for his own brother.
Mr. Humphreys very closely cross-examined all the
witnesses, but admitted that the case was one for a jury.
The LORD MAYOR said he should certainly send the
prisoner for trial, and directed that the depositions
should be al:1,0e out.

GUILDHALL.
George Thornton, a watchmaker by trade, was charged
with attempting to destroy himself, by leaping from
Blackfriars-bridge into the river.
WildanhoNeary, one of the men employed at the Black-
friars pies, stated that about; a quarter past eleven
o'chck that morning he suddenly heard a splash in the
water and a cry from several persons on the bridge that
a man had leaped from it. He got into a boat kept for
such emergencies and succeeded in saving the prisoner's
life.

Alderman Jormsom asked the prisoner what he had
to say fur himself ? Ile replied that he was a native of
Bristol, and had only arrived in London about nine days
back, in the hopes of getting into a situation, but the
gentleman on whom he depended had gone to Liverpool.
lie in consequence was driven to such a state of destitu-
tion that he certainly made up his mind to destroy him-
self. For some years he had been unable to work at his
business, through his eyesight failing him, and had beau
getting his living as assistant-warehousemen in a corn-
factor's at Bristol.
Alderman JOHNSON said that destitution was no excuse
for such a crime as self-destruction, and he should there•
fore remind the prisoner until Saturday, to make some
inquiries, when, if his story was found to be incorrect, he
should certainly send him for trial, as a great many of
these attempts were only made for the purpose of excit-
ing compassion.—The prisoner was then remanded.

SIXTEEN PERSONS DROWNED.
We are this week called upon to narrate the occur-
rences of two most melancholy events, by which not
fewer than sixteen individuals have met their grave
under the billowy deep. The first of these events oc-
curred at Latheronwheel, on Friday last, on which day
several boats from the different stations had been
prosecuting the fishing as usual. They returned
about eight o'clock, but upon nearing their re•
spective shores, found that a heavy swell had arisen since
their departure, au as to render landing extremely dan-
gerous. Two Latheronwheel boats, after consultation
between the crews, resolved to attempt their own shore;
and the one having the strongest crew—eight men—took
the lead, telling their companions to follow, provided
no al irm was heard from the shore by the time they
reached it—meaning that if any accident befel them.
the cries from the people on the shore would warn them
of their danger. The little barque and her despairing
crew drove forward with its broadside on the beach,
when the crew were speedily rescued, to the joy of all
present. By the glimmering light of the moon,
just disappearing, the other boat was seen
at a little distance, overtopping the bobuboswell. Every preparation was made to receive
her, though under the most distressing foreboding!.
for the swell had now become heavier; when, in a mi-
nute or two, she got into the middle of the broken sea,
owe man standing in the stern with a rope in his hand,
ready to cast it on shore, and in a moment a tremen-
dous wave broke over her, sweeping the whole crew,
seven in number, into the foaming surge. Soon
thereafter the body of one of the men was got hold
of, but life was quite extinct. Then appeared the
mast of the boat, with a man grasping it so firmly as
with difficulty to be severed from it. This was David
11•Grigor, who was seen in the boat with a rope in his
hand, of which he held fast until catching hold of the
mast, along with which he reached the shore. At first he
was insensible, but gradually recovered. The names of the
sufferers are—William Finlayson,married; Robert Grant,
ditto; Alexander Meliay, ditto; George Ross, ditto;
William Sutherland, unmarried; and Angus Suther-
land, ditto. The first three have left widows and young
families, consisting of fifteen children in all, and in
very indigent circumstances. The fourth less left I
widow, only one month married ; and the two last
had widowed mothers, also in great poverty. Another
boat was upset at the same hour, when entering a
fishing creek west of Duebeath, and' three of the
crew taken from under her when thrown upon the beach.
Letters have been received, with the information that,
last week, while a boat's crew, on the west coast of
Sutherlandehire, consisting of seven men and three
women, were engaged in gathering ware, the boat Wal
upset, and all on board her perished.—Abridged hens
John o'Groat Journal.

RAILWAY SHARE MARKETS.
LIVERPOOL, MAacit 22.
STOCK EXCIIANGS.—The following were the sales to-ds7:
—Edinburgh and Glasgow, 3614—Great Northern. 81
—Lancashire and Yorkshire, 32/. Shares, 7% dia—Ditto.
Fifths (West Riding Union), 3N, dir.—London and 'North-
‘Vestern, 123 c.—Ditto, Quarters, 1% p.—Ditto, 40/. Shari.
(L. and M.), 43/4 p.—Ditto, Quarters (A and B), p•"-
.Midland, 98—Ditto, Halves, c. dis.—South-Eastern and
Dover, 23%—Ditto, New, No. '2, 10% c. dis.—Ditto, No. 4.
31/2 dig. .

MANCHESTER, MARCH 22.
STOCK EXCIIANGE.—The sales are—Birkenhead, Lanca-
shire, and Cheshire Junction, 6% dis.—Lancashire and
Yurishire, Fifths, 114 dis.—Ditto (West Riding Union),
3 7-16 dl3.—Ditto (Preston and Wyre), Halves (A), 2% p.
—London and North-Western (Manchester and Birming-
ham), Quarters (C), 2 1-16 p.—Manchester, Sheffield, and
Lincolnshire, Eighths, 434 dis.—Ditto, Preference, 14
North British, Thirds, 1 11-16 dis.—North Staffordshire.
1% c. dis.—South-Eastern and Dover, 25—Ditto, No 4,
dis.—Yerk, Newcastle, and Berwick (N. and B. Ex-
tensions), No. 2, 1,4 p.
BIRMINGHAM, 111.sacn 22.
STOCK EXCHANGE.—The business transacted to-day is sit
follows:—London and North-Western, 127—North British.
Extension, .4-8 dis.—Soutk.lia.stern and Dover, Thirds, No. 4.
665. 3d. dia.—York, Newcastle, ar,d Berwick (Original N.
and B.), 27w—Birmingham, Wolverhampton, and Stour
Valley, VII clis.—Let.ds and Thirsk, 2214 dis.—Ditto, New.
191,,4 °dia.= North Staffordshire, 31s. 3d. dis.—Shrewsbury and
Birmingham (A), 86s. 3d. dis.—Ditto (B), 51A3 die.—South
Staffordshire, 3 dis. _

YORE', MARCH 21.
STOCK EXCHANGE.—The following were the quotations
this day : —6reat Northern, V. &I.—North British, Thirds,
ss. 9d. n.—York, Newcastle, and Berwick, No. 2 (late New
Berwicks), 10%,

GLASGOW, MARCH 21.

STOCK EXCHANGE.—The sales aro—Caledonian, New, 19s.
—Glasgow, Barrhead, and Neilston Direct, New, 305.--
Glasgow, Kilmarnock, and Ayr. 82/. Ditto, Halve', No. 1,
434—Ditto, eitto, No. 2, 91. 143—Glasgow Harbour Grand
Junction, as. 6d.—Great Northern, 935. 6d.—Manchester and
Southampton, 4s. 6d.—North British, Thirds, 245. 9d.

Young Phutnby's boy was chasing some chickens
away froth his door. " Look here," said aKR ighbour'll
child, " don't do that ; you'll break 'em—they're made
of eggs."—American Paper.
FADVERTISEMENT.]—Tme EARL OF ALIPBOROUGS
AND HOLLOWAVA PILL!.—An • *mounding cnro by this miraoulous
medicine, after every other means had failed. See extract front his
Lordship's letter, dated " Villa Messina, Leghorn, Feb. 91, 1145.
Professor Holloway—Sir : I bog to acquaint yen that your pills have
effected a cure of a disorder in may liver and stomach all the most
eminent of the faculty, at home hnd all ever the continent, had sot
been able to effect; nay, not ever the waters of Carlsbad or Ma-
rienbad. (Signed) " ILnuosotroa.” These wondertil pills wilt.
cure any disease of the liver or stomach.—;told (also Holloway's
Ointm.nt) at Professor Holloway's Establishment, 244, Strand, and
t. sit medicine venJors throughout the shill/ea world.

BIRPHS.
On the 17th inst., at Fairfield, Hambledon, Hants, the
lady of IViMain J. J. Higgins, Esq., of a son.
On the 18th inst., at -Wiinpole-street, the lady of John
Bright, E►q., M.P., of a son.
On the 18thinst.,. in Argyll-place, St. James's, the wife of
Joseph Toynbee, Esq., F.R.S., of a daughter.
Oa the lath Inst., at Gloucester-road, Hyde-park-garden'',
;the lady of J. R. Robertson, Esq., of a son.
On the 18th inst., at Langford-place, St. John's-wood, the
wife of John Taylor, of a daughter.
On the
:19th inst., at Park-terrace, Brixton, Mrs. John
Jones, of a daughter.
On the 19th inst., at Bayswater, the wife of G. E. Hicks,
Esq., of a daughter.
On the 19th inst., the wife of G. A. Fripp, Esq., of a son.
On the 18th inst., at Westmeon, the wife of the Rev. N. J.
Ridley, of a daughter.

• MARRIED.
On the 21st inst., at Trinity Church, Islington, Thomas
Figgie, Esq., of Islington, to Georgians, second daughter of
John-Vanderpant, E.q.

DIED.
On tho 14th inst., Captain William Wilkinson, late of the
Ed Royal Veteran Battalion, aged 75.
On- the 16th inst., at the Rectory, Fawkham, Kent, the
wife of the Rev. W. Cresswell.
On the 19th inst , at Brighton, Patrick Dingwall, Esq.
On the 20th inst., at Bray bury-end, Herta, John Green,
Esq.,aged 79.
On the 21st inst., at Grove-place, Hackney, Mrs. Nelme,
widow of the late S. Nelree, Esq.
On the 21st inst., George Knox, Esq., aged 53.

-
London: Printed and Published by MURDO YOUNG, at
No. 112, Strand, Printer, at The Sun Office, No. 112.
Strand, in the Precinct of the SaYoy, in the chanty et
111h.Wleaex, Thureday, March 23, IE4B.