The Sun.
London, England, 1851-08-16 00:00:00

N° Pro. NSII '"
4 ...18,377,]
LONDON, SATURDAY
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•• AUGUST 161 1851.
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7

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ASSIZE INTELLIGENCE.
OXFORD ClRCUlT.—Gloucester, Aug 14.
CROWN COURT. —(Before Mr. Baron MARTIN.)
Richard Kear, 24, James James, 18, George
Charles, 22, Thomas Stephens, 21, and Tnomas
James, 20, colliers in the Forest of Dean, were in-
dicted for having committed a rape on M try M.`Carthy,
in the night of Tuesday, the 29:h of July, at the
parish of Lvdney.
Mr. Huddlestone conducted the prosecation ; and
Mr. Cooke the defence.
This case was peculiar in its atrocity. The pro.
secutrix, an Irishwoman, about 35 years of age, and
not at all handsome, who had left Ireland seven years
ago, and lived as a servant for some time in London,
and lately went down to Cardiff and Bristol to look
after a brother, who she was told was at work on
some of the new lines of railway, and earned her
bread as she went along by sometimes working at
needlework for her country people, and occasionally
at haymaking, was going from Chepstow to Glou-
cester, on the 29th of July, and after leaving Coleford,
about two o'clock, passed through the skirts of the
Forest of Dean by a bye-road which would bring
her directly into the main road. She was very weak
and ill, and not knowing her way, got benighted in
the forest, and went towards a fire, which turned out
to be a fire in an open, uncovered hovel, near
the mouth of a coalpit. Tired and weary, and ex-
hausted by cold, and travel, and hunger, she lay down
near the fire ; and in a short time two of the prisoners
came and spoke to her, and she told them she was
very ill, and asked them for a drink of water. They
desired her to go to a public-house called the Nag's,
Head, about 100 yards off, telling her that she would
there get water in the yard. She got up and strug-
gled to the yard, but could find no water there • and,
being a stranger, without money, she did not fike to
go into the house, and turned back towards the fire.
On her way she met two men and a woman, and
told them she was ill and wanted a drink of water.
They said, if she went down the road she would get
some water. She turned about and was going down,
when hear came up, pretended to have compassion on
her, put a shawl round her neck to protect her, as he
said, from the cold, and told her, if she went back he
would bring her some water. Believing that he was
a decent man, who pitied her, she went back to the
fire and sat down, and Kear soon came up with ano-
ther man, who brought the water in a pitcher. It
appeared that that was a club night at the Nag's
Head, and a number of colliers were drinking
there. " When the water came," said the prosecutrix,
" I drank three drinks, and there was another drink,
and I asked them not to throw it away, and they took
it and put it near the fire, and I went and sat near
the fire. When I drank the water they all came about
me, and asked if I was better after the water. I wes
frightened, and said no." Kear then said, "There is
a house here, I am the master of it ; I have the key
in my pocket, and nobody shall interfere with you
till morning." I said I should sooner be left at the
fire, as I was cold, and very ill. Then George
Charles jumped up and said I should go. I said l
could not go, the morning was near, and I would
sooner be left at the fire. I saw them whispering.
Kear said I should go, and I refused as much as
twenty times. Kear and Charles both stood up, and
gave orders to the two men alongside of me to take
me into the cabin. One of these men i 3 James, the
other is not here; he is the one who fetched the
water. Charles took up a shovel, held it over my
bead, and said he would burn me in the fire if I would
not go in, and that there was one burned there before ;
and another answered, and said there was. There
were then nine or ten persons there. The two men
who received the orders then took me in. They did
not drag me in, but I was taken in as a prisoner be-
tween them. There was a large fire in the cabin, and
they set me between them on a form, and George
Charles went out and brought in two shovels of red
coals and put them on a thing like an oven. Kear
opened the door. George Charles, when be put down
the coals, walked out. Kear stood outside, and some
one locked the door. James James and the man who
fetched the water stopped inside. As soon as the
door was locked the man who fetched the water
came on his two knees opposite to me. James James
was then sitting by my side, and took hold of my
arms and put them behind my back, and the other
put down his trousers, The prosecutrix then detailed
her sufferings from nine men in succession. As they
were ill-using her, and she was crying out "Mur-
der," she heard those who were outside the hut laugh-
ing at her. J. James acted with peculiar barbarity,
inflicting injuries with his hand such as were never
before heard of in a court of justice. Stephens and
Thomas James acted with a little more mercy to-
wards her than the rest. Only five of the nine men
have been as yet arrested. J. James was such a
brute that, not content with the outrages inflicted on
her by himself and the other eight ruffians, he went
to the Nag's Head, and there attempted to rouse up
another collier, in order that he too might assault
her, but he was so drunk that he could not be
awakened. J. James told him of this the next day, and
he now came for ward to add this fact in corroboration
of the prosecutrix's statement. When the nine fellows
had gratified their passions day was dawning, and
she was scarcely able to move, and she sat up against
a form, and Kear came in and said she might stop in
the cabin till seven in the morning, and he would give
her the key, and she might lock the door on the in-
side ; but George Charles came in and took up a
shovel, and said he would kill her if she did not
leave. Kear took the shovel from him and threw
him on his back. She walked out and down the road.
Thomas Stephens, with three others, came to Ler and
said, " Well, mistress, what is the matter with you ?"
and I said, " You know well ; you have almost
killed me." Went towards a house, and Stephens
said he would kill her if she went towards the house.
Met a woman. Afterwards went to a hayrick and
lay down there, and was eventually taken to the
Westbury• upon-Severn workhouse.
Cross-examined—Left Ireland seven years. Have
a child. Am not married. Had a brother on the
railways, and was going to look for him. I was six
or seven weeks in Bristol. I was not in the Nag's
Head. I wag in the yard, not in the house. I left
Coleford about two o'clock. I said nothing about 3d.
I asked the second man to give me some water, and
be did so, and I drank it, swallowing at the same time
my sweat aid tears.
Ann Jenkins proved that she met the prosecutrix
on the road that morning about five o'clock, with her
hands on her stomach, crying and roaring in a dread-
ful manner, and saying she bad been almost torn to

pieces.
William Ellison, a policeman, found the prosecu-
trix about three or four o'clock in the afternoon of the
same day lying in a hayrick. She was so weak as
not to be able to stand. A woman came and gave
her a little wine, and he went to the overseer to get
her removed to the workhouse.

The surgeon of the union workhouse deposed to the
weak and exhausted state of the prosecutrix when she
was brought to the workhouse, and to the shocking
state of laceration from which she suffered; and espe-
cially to an injury coused by James James using his
hands in a most disgusting and brutal manner.

Mr. Cools addreised the jury for the prisoners,
and called a witness who knew one of them for three
months, and gave him a character for that period.
The evidence having been summed up, the jury de-
liberated for about a minute, and found all Guilty.
His LORDSHIP then passed sentence, saying—Pri-
soners at the bar, you have been convicted on the
clearest evidence of about the most abominable offence
I have ever heard proved in a court of justice against
men. You, and four other vagabonds like you, found
a poor wretched woman in a lonely situation, and
treated her in a manner that is shocking to state ; I
am very glad, for my own sake, that the law has been
lately altered, for though I believe there never was a
judge on the bench less disposed to inflict severe
punishment, yet, if the law had not been altered, be-
yond all manner of doubt three of you would be exe-
cuted. I should have felt it my bounden duty, for
the protection of the women in this country from such
brutality, to leave all of you for execution, except
Stephens and Thomas James, who, bad as they were,
treated the woman with some little kindness. With
respect to the rest of you, I would be ashamed of my-
self if I did not inflict on you the heaviest punish-
ment the law allows. When a rape is committed by
one man on a woman, it is as bad an offence as can
well be committed; but when two or three combine
to commit it, it is really an abomination. The sen-
tence Richard Kear, James
and that you, Thomas
t t
term James,
rnn e
o off
andty hoeu CrGoneuoa rrt tug
natural
is thatliv lives
;
Charles,ou be transported for the
Stephens and Thomas James, be transported for 15
years.
Charles
e d
a travelling hawker, was
cha urder of his wife, Elizabeth,
tahllei ,
wilful 29 , m
at Stroud, on the 10th of July.
with Halliday,

Mr. Skinner appeared for the prosecution, and Mr.
Cooke for the defence.

Mr. SKINNER, having stated the case, called the
following witnesses:—
Elwin Butler said lam a labourer. I have lived
for some time in the house of the prisoner at Stroud.
He had three children. I had my daughter Eliza liv-
ing with me. There were three rooms in the house,
one over the other. I lived in the middle room, and
the prisoner and his wife slept in the garret. The
prisoner's wife was in the family way, and strong and
healthy. On the 7th of July the prisoner came
home. He had been on a journey as a travelling
hawker that day. I heard him speaking to his wife
on his return. When he came in he heard the pigs
crying for victuals, and he said, 'I Why don't you
give the pigs some victuals ?" She said it was the
neighbours' pigs that were crying, and not theirs.
He went out to the pigs and came in directiy, and
asked " what was done with the sharps you ought to
have bought to-day ?" and she said she had put them
with the grains in the tub. He said, " No, you have
been putting the money in your guts instead of buy-
ing sharps." He then took up his cap and came into
my room, and said he had not sold a halfpennyworth
that day. I made answer that he could not have
all days alike ; some would be worse and some better.
He said he would not maintain the kit ; he would not
maintain her, and if he had known she was not so
near her time he would have sent her to work. She
ought to have been conflped a month ago. He then
wanted as much potatoes as could be bad for three-
halfpence, and I said, " Whatis that among five of
you ?" sad he said then they should not have any.
He then went down stairs, and gave some money to
a child to buy potatoes. He then went away. Had
seen rows before, but never thought they would come
to such a pass. He came back about twelve, and said
to his wife, " You have got no candle." She said she
had had but a farthing candle, and had only a snuff
of it, and beard her get upend strike a light. He then
asked her had she any supper, and she said it was in
the window. He went up, and I believe he ate his
supper. She was in the habit of sitting up for him.
I have known her to sit up whole nights. While he
was at his supper he said, " Where is my money ?"
She said, " You know, Charley, I have got no money.
He replied, "If I had not had such a bad wife I
should have as much money as Joe Watts." Watts
is a rich brewer. He said he would take his hat
and go to Hannah. That was the name of a girl
in Stroud. She said he should not go out that
night without her. I then heard a noise in the bed-
room, and both fell down against the partition. When
they fell against it she said, " For God's sake,
Charley, get off me now! You have killed me now."
They struggled again, and they fell to the lower or
ground landing. She then said, "Oh Lord, Charley,
thee bast done for me now, and that is what thee has
been trying at for a long time." They then went
up stairs, and she repeated "Thee bast finished me
now ;" and he said, "I have not hurt thee, I know."
I beard them struggling on the bed. This was
Monday.
William Armstrong, a medical practitioner at
itroud, attended the deceased. She died on the
Thursday. Held a post mortern examination, and
found appearances such as might be caused by the
injuries she was stated to have received.
Cross-examined—Prisoner called on me to go and
see her on the Thursday. He appeared very anxious
to have me go up. When we arrived she was dead.

attended her in her confinement, which took place
on the Wednesday.
His LORDSHIP having intimated his opinion that
there was no ground for a charge of murder, and
the evidence proved only a case of manslaughter,
Mr.COOKE declined to address the jury, and they re-
turned a verdict of Guilty of manslaughter, the fore-
man at the same time saying, "The jury are desirous
of calling your Lordship's attention to the prisoner's
very rough usage to his wife in her delicate condition."
He was then sentenced to transportation for life.

NORTHERN ClRCUlT.—Lancaster, Aug. 14.
The Learned Judges on the circuit arrived in this
city yesterday, from Liverpool, and this morning,
after attending divine service, repaired to the courts
At twelve o'clock.

For several years past the judges, the bar, the at-
torneys, jurors, witnesses, and all who have bee❑
compelled to attend at these assizes, have complained
of the excessive inconvenience which all suffer from
the dreadful low, ill-ventilated, and wretchedly small
courts in which the business of this great county is
conducted, and notwithstanding all the inconvenience
and discomfort, and the injury to health which results
from the present state of these wretched buildings,
and notwithstanding that a magnificent pile of build-
ing is already erected, to be occupied as law courts
whenever the corporation of Liverpool shall think fit,
year after year passes away and the same annoyance
and injury to health is allowed to continue.
The criminal calendar is very heavy, both in num-
ber and in the nature of the offences. There are 123

prisoners, and most probably before the assizes are
concluded that number will be increased to 150. Of
thoie now in the calendar 6 are charged with mur-
der, 26 with manslaughter, 6 with rape, 9 with cut-
ting and wounding, 15 with assault and robbery, 22
with burglary, 1 with arson, 3 with bigamy, 3 with
forgery, the rest with various offences.

NISI PRIUS COURT.—(Before Mr. Justice
WILLIAms.)
BROWN V. LEAKE.

This was an action of trespass for an assault.
Mr. Sergeant Wilkins and Mr. Monk appeared for
the plaintiff; and Mr. Knowles, Q.C. (the Attorney-
General of the County Palatine of Lancaster), for the
defendant.

Mr. Sergeant Wmxiais, in opening the case on
behalf of the plaintiff, said—Once more, at the risk of
our lives, we are assembled in this pestiferous place
to discharge duties which require our close and daily
attendance. Some sixteen years ago the corporation
of Liverpool made a promise to the Home Secretary
that if the assiz,.s should be brought from Lancaster
to Liverpool they would provide fit and proper courts
for the administration of justice. They have broken
their faith, and have afforded another illustration of
the adage " that a corporation will do what an indi-
vidual would shrink from doing with shame." Humarl
life has more than once been sacrificed by these courts
through the indolence of this corporation. I have
myself been three times attacked with severe illness
while attending in these courts, and if I thought the
corporation could be goaded to do that,which it was
their duty to do, I would say more than I have now
done. The Learned Sergeant then proceeded to
state the facts of the case, from which it appeared
that on Friday, the 13th June, the plaintiff was at
the Manchester races, and went into the grand stand.
Oa a previous occasion the plaintiff and de-
fendant had met at a public-house named the White
Bear, where a dispute had arisen between them con-
cerning a bet which the plaintiff had offered to make
with the defendant relative to a municipal election,
he being drunk at the time. This dispute led to an
animosity between them, and on the day mentioned
the defendant, seeing the plaintiff at the grand stand,
seized him by the collar of his coat, and so led him
out of the stand, and while doing so called him a d--
thief, a defaulter, and said that he had no right to be
on the grand stand. No violence seemed to have been
used, but the plaintiff sought damages for the gross
indignity and insult which had been offered to his
feelings, the insult having been offered before the
checktaker and many persons to whom he was known.
The ATTORNEY-GENERAL addressed.: the jury for
the defendant, and urged upon them the fact, that,
now when there were county courts and magistrates
before whom the present cause of action could have
been satisfactorily settled, it was a gross waste of the
time of the jury and of the Learned Judge that such
a case as the one before them should have been
brought in the superior courts. The personal injury
amounted to nothing, but his Learned Friend had
said that the plaintiff required damages for the insult
offered to his feelings by the language which had
been used by the defendant, which he (the Attorney-
General) could not defend, but the jury would recol-
lect the language which the plaintiff had used in reply
to the defendant. The polite plaintiff said, " It's a
lie." The assault had not been such as would injure
the wings of a fly, and they would give damages in
proportion to the injury sustained, and he hoped that
they would turn such a trumpery case out of court as
it deserved, and award (as they must find a verdict
for the plaintiff) the smallest coin of the realm, Which
would be adequate and ample compensation, and make
Mr. Leake a wiser and, when he came to pay the bill
of his attorney, a sadder man.
His LORDSHIP then left the case to the jury to
award damages.
The jury returned a verdict for the plaintiff—Da-
mages, one farthing.

members of a Dissenting congregation at Bury, and
teachers in the Sunday•school, where their acquaint-
ance had commenced. The defendant having paid
his attentions to the plaintiff, was accepted as her
suitor, but the engagement was broken off, the plain-
tiff having received an anonymous letter, casting
imputations on the defendant's moral character, which
the plaintiff called upon him to clear up. After the
engagement was broken off the plaintiff went out as
a nursery governess, hut, at the defendant's earnest
request, she returned home again, and the ac-
quaintance was again renewed. The plaintiff
having a slight pustule on her forehead, the de-
fendant persuaded her to go to a druggist's with
him to get a plaster, which he said would soon cure
it. On their way to the druggist's they passed the
defendant's house, and the defendant induced her
to go into his house under the pretence that be had
something particular to show her. No one was in
the house, and the defendant took the opportunity of
depriving her of her senses by some means or other,
and effected her ruin. She threatened to expose his
villany, but he begged and entreated her not to do so,
and promised to marry her if she would only keep
the secret, which she did until she divulged it to her
sister, who, repeatedly finding her in tears, extorted
the secret from her. After this the plaintiff met the
defendant walking with another young lady, and the
pain and jealousy caused by this occurrence threw
her into a fit of hysterics, which caused her to be
taken home and put to bed, and soon after she told
her mother what had taken place. The mother im-
mediately went to the defendant's house and re-
proached him with what had occurred. At first he
affected ignorance, but finding that failed, and that
the plaintiff was pregnant by him, he told the plain-
tiff's mother not to make a fuss about it ; that it was
a common occurrence—the folly of youth. The
mother said, " Yes, amongst the lowest of the low,
but not amongst respectable people." The defendant
then said, " Well, Mrs. Walker, dry up your tears ;
I cannot possibly be married at present, but I will
marry your daughter at Christmas," and upon this the
mother was induced to allow the defendant to visit the
plaintiff, but o❑ the Bth of December last, the de-
fendant having ceased his visits, the plaintiff's
mother called upon him and told him that her child's
shame was becoming apparent, and that it was time
he should fulfil his promise, upon which he replied
that something had transpired, and that he could not
be married. Mrs. Walker replied that she could not
bear to hear him talk as he did, after the manner in
which he had treated her daughter. And then the
defendant said, " I will tell you the truth. I don't
mean to marry her at all." Mrs. Walker then said
that she would go to law with him if he did not ;
and he replied, that she might do so if she liked. The
plaintiff was confined of a child in February.
Shortly before which event the defendant offered to
give the plaintiff 1/. a week if she would leave Bury
during her confinement, which she would not consent
to do. Under these circumstances, the present action
was brought.

Mr. 'WATSON having addressed the jury for the
defendant,

His LORDSHIP, in summing up, told the jury that
they would give the plaintiff such damages as they
thought she was entitled to for the loss of a marriage
with a man well to do in the world.

The jury returned a verdict for the plaintiff—
Damages, 350/.
On the civil side there are seventy-four causes
entered, fourteen of which are marked special juries.

August 15.
CIVIL SlDE.—(Before Mr. Justice WILLIAMS.)

ARTHUR V. PEDDEE.
This was an action brought to recover 2801., the
price of two carriage horses. The defendant pleaded,
first, the general issue, and, secondly, that he had
been induced to purchase the horses by the fraud,
covin, and misrepresentation of the plaintiff.
Mr. Sergeant Wilkins and Mr. Cowling appeared
for the plaintiff, and Mr. Watson, Q.C., and Mr.
Crompton for the defendant.
It appeared that the plaintiff is Colonel Arthur, of
the 3d Dragoons, and the defendant was formerly
a cornet in the same regiment, but is now exchanged
into the 39th Foot. Colonel Arthur in May last,
while at Manchester, had two showy carriage horses
of high action, one of which was called " Governor,"
and the other " Gaoler." The defendant took a fancy
to these horses, and got Mrs. Arthur, the plaintiff's
wife, to persuade Colonel Arthur to sell them to him.
Colonel Arthur did not want to dispose of them,
but was persuaded by Mrs. Arthur to sell them
to the defendant. It appeared that Mrs. Arthur un-
derstood horses well, and was in the habit of writing
the colonel's notes for him respecting his horses.
Colonel Arthur at length agreed to sell the horses
for 2801., and wished the defendant to have them
examined by a veterinary surgeon before he removed
them, and would not warrant them. The defendant,
however, would not have them examined, as a veteri-
nary surgeon would be sure to pick out some fault
with them. After this the plaintiff twice requested
to be off his bargain, as his wife had persuaded him to
sell the horses, which he did not want to do, and
offered the defendant 51. to do so, which the defendant
refused. When the defendant looked at " Governor"
for the purpose of purchasing him, " Governor" was
standing in the stable on tan, and was blistered. Mr.
Shaw, the veterinary surgeon of the regiment, told
the defendant that both horses were unsound, but did
not tell him in what respect. He told him they
would not do to carry weight over the stones, but
they would do to drive. The natural formation of the
feet of one of them would tend to lameness. After
this, on the 14th of May, the defendant removed the
horses to London, having agreed to pay for them at
the end of May. When he bad driven the horses in
London in a phaeton and brougham, he told Lieut.
Hill that he was well satisfied with his bargain. The
horses, however, became lame in London, and the de-
fendant refused then to pay for them, and on the 9th
June sent them to Mr. Field, the veterinary surgeon
of Oxford-street, who pronounced one of the horses to
be aged, the other to be six years old. The " Governor"
was found to be lame on the off hind leg, spavined in his
hock—he had a splint on his fore leg, and wiudgalk
in the fetlock joint. The other horse had got the
navicular disease in the off fore-foot. The defendant
sent to the plaintiff a certificate to this effect, which
the plaintiff refused to receive; and after a good deal
of correspondence demanded immediate payment for
his horses, and threatened legal proceedings, and in
one letter used the terms, "I should, as your com-
manding officer and a friend, advise you to be
cau-
tious, as the result of the legal proceedings may in-
volve your character as an officer and a gentleman."
The plaintiff refused to pay for the horses, and the
present action was therefore brought.
For the defence, Mr. WATSON commented at some
length on the impropriety of a commanding officer
selling horses to his junior officers. It led to disputes
and mischief, and was discountenanced in the service.
Cornet Pedder, a young man of 26 years of age, had
purchased these horses of his older and experienced

Commanding officer, and had given the enormous price
of 2801. for horses spavined, wind-galled, lame, and
unsound. It could not be supposed that he would
have done anything of the kind unless he had believed
the horses to be sound. He rested his case on the
plea of fraud. He should prove that the horse " Go-
vernor" was purchased at Nottingham in 1848, and
was then known by Mrs. Arthur and by Colonel
Arthur to be unsound, and yet not a word of the na-
ture of his unsoundness had been mentioned to the
defendant.

The grooms of the defendant who drove the horses
in the carriages were called, who proved that a day or
two after the horses arrived in London they " pot-
tered" as they came out of the stable-door, and one
" bobbed his head," and the other went lame. They
told their master, and had " Governor" shod. He
had been shod with leather stuffing under his shoes,
and they had him shod without leather. He got
more lame. Both horses were afterwards examined
by Mr. Field, the veterinary surgeon, who gave evi-
dence to the effect opined by the Learned Counsel for
the defence. It was also proved by Captain Dyson, of
the 3d Dragoons, that he had been present on one
occasion when the regiment was being inspected by
General Brotherton, and that he had heard him ask
the plaintiff if he was in the habit of selling horses to
his officers, or permitting such transactions in the re-
giment ? The plaintiff replied that he did not permit
it. The witness had sold horses himself to younger
officers in the regiment.

This was the -defendant's case.
Mr. Sergeant WILKEis, in reply, said that great
part of the Learned Counsel for the plaintiff's speech
had had nothing to do with the case. Thera was also
such a thing as unsound law as well as unsound
horses, and if the law affecting the case which had
been explained to the jury by his Learned Friend
were determined on by a good judge it would be de-
termined to be " cowgalled, spavined, lame of four
legs, and blind of both eyes. '—(A. laugh.) His
Learned Friend had introduced the defendant as a
poor innocent young man, upon whose youth and in-
experience the plaintiff had palmed off two unsound
horses. He had asked them to judge of the purchase
by the defendant as though he had just been severed
from his mamma, and was quite inexperienced. He
had implored them to

• Pity the sorrows of a poor young man
Who has suffered heavy losses,
By pleasuring about the town
Awl by Iliocng '0135e5."

[PRICE SD.

—(Loud laughter.) His friend had taken his stand
upon the plea of fraud. He ventured to submit that
there was not the slightest evidence to sustain that
plea. Lieutenant Pedder had been five years in the
army, and was as well acquainted with a horse as
the plaintiff. His friend had termed these horses
" shaken old screws." It was not to be supposed
that if they were so the defendant was ignorant of
what they were. They had been described as one
standing on tan and blistered when he bought them.
It could not have been supposed that the plaintiff
blistered the horse for amusement. 'With reference to
the evidence of Captain Dyson, it had nothing to do
with the case, and had been called for the purpose of
annoying Colonel. Arthur. It was not shown that Col.
Arthur had on any other occasion sold horses to his
officers. The defendant had taken a fancy to the
horses, and was resolved to have them ; and, knowing
that the plaintiff would not sell them, had asked Mrs.
Arthur to use the legitimate influence which all
wives did use, to persuade Colonel Arthur to sell
the horses to him. The value of a horse often de-
pended on this fancy. The Learned Counsel on the
other side had often enough been seen riding a favourite
bay horse in the parks with a great scar across his
knees ; yet he knew his value, and would
not part with him for any price. How often they had
seen a delicate lady walking or riding in the park:,
with a great, heavy, fat lapdog on her arm, for which
no one would give five shillings, but for which, pro-
bably, she would not take 501., if offered to her. Then
your fine gentlemen, and fashionable young men about
town liked showy horses, with high action—tremen-
dous steppers—horses that almost struck their noses
with their knees, which a good honest butcher who
wanted to get over the ground could not have at any
price. The defendant had seen the horses in constant
use for two years, and knew them well, and it was at
his own earnest request that they had been sold to
him. After he had got them to London, heihad ex-
pressed to Lieutenant Hill his satisfaction with them,
and had kept them three weeks before he bad them
examined by a veterinary surgeon, and had exercised
acts of ownership over them by having them shod,
and he had no right afterwards to turn round and
shuffle of the payment for them, and break his pro
raise.

His LORDSHIP, in summing up, said the issue for
the jury to determine was whether, when the defen-
dant bought the horses that plaintiff knew that the
defendant was labouring under an error in supposing
the horses to be sound, and permitted him to continue
under that error, and under the influence of that im-
pression to purchase the horses.
The jury, after a short consultation, found a ver-
dict for the plaintiff—Damages, 2801.

POLICE INTELLIGENCE.
MANSION-HOUSE.
Edwin Wood was brought before the Lord Mayor
charged with having fraudulently obtained a blank
cheque-book, containing 100 cheques, from the bank-
ing-house of Messrs. Masterman and Co.
Mr. Edward Ireland, clerk to Messrs. Masterman
and Co., said—Yesterday morning the prisoner came
to the banking-house and requested that I would give
him a cheque-book for Mr. Henry Hodson Hathe,
who keeps an account with us. I accordingly gave
him a cheque-book containing 100 blank cheques, be-
lieving that the statement he made was correct.
Here a torn cheque was produced. It was for 351.,
and was signed for procuration of H. H. Hathe.
Mr. Henry Hodson Hathe said,—l carry on busi-
ness at No. 2, Pancras-lane, as a merchant. I never
authorised the prisoner to apply to Messrs. Master-
man for a cheque-book, although I have a banking
account with that firm. I was perfectly ignorant that
he had made any application for a cheque-book in my
name till yesterday morning, when I was apprised of
the fact.

Mr. Francis Dodd—l am a jeweller, and carry on
business at 40, Cornhill. The prisoner made an ap-
plication to me respecting the purchase of a watch on
Monday last. He said that he had been " drawn" of
his own watch, and he selected one of mine at 251.,
and a gold chain at 81. 10s. He said he would either
take it or I might send it. I told him I ha I better
send it. I did not see him again until yesterday,
when he called at my shop, and he brought with him
the cheque book. He asked me the amount of the
watch and the chain, and I replied 331. 103. He
asked me for a pen, and filled up the cheque now
produced for 331. 10s. I objected to it on account of
its being crossed. He then wrote the words upon it
" uncrossed, E. W." I still objected to it, on the
ground that no banker would pay it. I said "Cannot
you give me another ?" He said he would, if I would
give him a stamped receipt ; and he added that he
always liked to cross his cheques. He then tore up
the first cheque and threw it on the ground, and wrote
me a fresh cheque for 351. I handed it to my lad,
with directions to go and get it cashed, and get a
stamped receipt. Shortly afterwards Mr. Ireland
came to my shop, and the prisoner was given into the
custody of a policeman.
The LORD Mayon, after giving the prisoner the
usual caution, asked him what he had to say in answer
to the charge ? The prisoner replied he had nothing
to say, but asked to be admitted to bail.

Die LORD MAYOR—It is a case in which I cannot
take bail.

TV 0 R S HIP-STREET.

A well-dressed man, named John Hackett, a brother
of the notorious convict who effected his escape about
eight months since from the Model Prison, Penton-
vine, was placed at the bar for final examination be-
fore Mr. Hammill, charged with the commission of
numerous daring robberies.
The prisoner was, in the first instance, taken into
custody upon a charge of having been concerned, with
ly hers, in stealing three bales of silk, of the value of
1131, which was abstracted in a mysterious manner
from a barge lying off Nicholson's Wharf, in the
month of June last; but it was now intimated to the
magistrate by Sergeant Teakle, who, in conjunction
with Inspector Brydges, of the Thames police, bad
effected the capture of the accused, that in consequence
of the non-attendance of some material witnesses,
whose evidence was necessary to substantiate the
charge, and who were supposed to be keeping pur-
posely out of the way, it was impossible to proceed
further at present in the prosecution of the case.
A second charge, however, was now preferred
against the prisoner for being concerned, with another
man, not in custody, in stealing a package, containing
from 1,200 to 1,400 yards of calico, the property of
Mr. Henry Newman, linendraper, in Hampton-ter-
race, Camden Town.
The property in question was stolen from the pro-
secutor's shop-door on the morning of the 26th ult.,
and a lad named Robert Dennis, in the service of a
tradesman in the neighbourhood, identified the pri-
soner as being one of two men who drove up to the
door at the time ill question in a cart, from which
they both alighted, and, placing the package inside,
hastily reentered it, and drove off with the booty.
The prisoner, who reserved his defence by the ad-
vice of Mr. Heritage, who appeared on his behalf,
was fully committed for trial.
The prisoner was next charged, in conjunction
with a young woman, named Mary Ann King, with
having stolen a can, containing about seven gallons
of turpentine, under similar circumstances, from the
shop-door of Mr. William Watkins, an oil and co-
lourman, in Cumberland-terrace, Camden-town.
To establish the charge against the female prisoner
as an accessory after the fact, it was proved by the
prosecutor that on the evening of the day on which
Hackett underwent his first examination at this court,
the woman called at his house, and after adverting in
a jocular manner to the circumstances of the robbery,
and intimating that the property had been merely
taken away " out of a lark" by three drunken men,
presented him with a sovereign, as part compensation
for his loss, and assured him that she would call again
in a few days and indemnify him for the entire
amount. The prisoner, however, never repeated her
visit, and nothing more was seen of her until she was
taken into custody at the door of this court.
The can of turpentine was produced by Sergeant
Teakle, who had discovered the property secreted in
a stable in the occupation of the prisoner Hackett at
the time of his apprehension.
Formal evidence was then given of a previous con-
viction against Hackett, who was tried and found
_41,„,
guilty of felony at the Old Bailey, in March, 1, 6.
for which he was sentenced to eighteen months
im-
prisonment.
inanswer
The prisoners declined saying anything
to the charge, and were both committed for trial.
SOUTH IV ARK.
.
ALLEGED ASSAULT ON A RAILWAY IaVAE.D, BY AN
e latter part of the
OFFICER IN THE ARMY.—L- th
day Lieutenant Bradshaw,
of the hoyal Artillery,
/now, to complain about a
papersattended before MrIngham,
of the evening
raapapt
ee
ra
nr a nncaeiltwoaya
s
summons taken out by the
report which appeared some.l. n
on Thursday, relative to
South
Company, for an
alleged assault on one of their
guars.
d The tenor of the report made it appear that
from answering t
he was shirking the complaint,
and that be had misbehaved himself in an ungentle-
manly manner, but he begged to inform his Worship
that such was not the case. He was ready, and had
been so at any time to receive the summons, and meet
any charge that might be made against him. He
certainly had not been allotted quarters yet in the
Woolwich garrison, but still he did duty there ;
and as soon hs ha heard that An officer of that court

(7,

__,,-.

I had een to serve him with a summons, he requested
prties ere to state that he could be found at Long a
Hotel ould the officer return with the summons
Some misunderstanding, however, took place between
the parties, and the officer returned on Thursday un-
successful. Perceiving the report in the papers, and
thinking that it might he prejudicial to him as a gen-
. tleman and an officer in her Majesty's service, he
thought it advisable to attend before his Worship;and
state that he was not only ready to meet the complaint,
but to make a charge against the railway guard for
assaulting him.
Guest, the summoning officer, said he had cre-
L tainly been unsuccessful in serving the process when
he went to Woolwich in the first instance; but that
morning he had been treated with the greatest cour-
tesy by the adjutant and one of the commanding
officers at Woolwich while in search of the applicant.
The adjutant received the summons, and informed
him that the lieutenant would attend to the complaint
on the day named in the summons.
Mr. INGnam told the applicant that he knew no-
thing of what appeared in the newspapers, but if he
was ready to meet the complaint of the railway com-
pany he had better attend on the day named in the
summons with any witness he might have.
Lieut. Bradshaw—l was assaulted by the railway
guard while in charge of her Majesty's troops, and I
think I ought to be protected. Cannot you grant me
a summons, your Worship ?
Guest here informed the magistrate that the sum-
mons taken out against the lieutenant was for assault-
ing George Richardson, one of the guards, on the
evening of the Bth inst.
Lieut. Bradshaw—But I was assaulted, before all
my men, by the guard in the first instance ; therefore,
being on her Majesty's service, I claim protection
against the railway guard.
Mr. INGusau said that if such was the case he
would grant a summons, and order it to be heard on
the same day with the other. He directed Guest to
take care and serve it in time to be disposed of on the
same day.

Air. Arnold, a gentleman connected with an office
in the City, was charged with assaulting and annoy-
ing Mr. John Butcher in one of the carriages on the
North Kent Railway.
Complainant stated that he was coming up from
'Woolwich, in one of the second-class carriages, in
which he saw defendant and several females. The
defendant appeared to have been drinking, and. put
his feet on the opposite seat to which he had been sit.
ting, when the complainant told him not to do so, but
sit in a gentlemanly way. He refused to put hie
feet down, although witness wanted to sit there, and
when he remonstrated with him he took witness by
the arm and shook him violently. He made no com-
plaint to any of the guards on the railway, and should
not have given him in charge, but for his calling him
ugly names.
Defendant—What did I call you ? Complainant
—An " ugly humbug," and that you repeated all the
way up.
Defendant denied the assault, and contended that
if he had any charge to make he ought to have done
so to the railway authorities. He had actually left
the station some time and had partaken of some re-
freshments at the corner of Duke-street, when com-
plainant came up to him with a policeman and gave
him in charge. He acknowledged having his feet on
the seat, which could not have interfered with com-
plainant, who was sitting some distance off on the
other side, and very likely he might have called him
a humbug.
Complainant—You kept calling out " look at the
old humbug" all the way up, and I felt annoyed.
A respectable young female was called on behalf of
the defendant and denied the assault. She, however,
said he called the complainant an ugly humbug. He
had been drinking a little.

Complainant—Yes, he had been drinking, and I
could not bear the smell of his breath, for I have
been a teetotaller these last fifteen years.
Mr. INGHAM said the fact of Mr. Arnold being
charged at the station-house and locked up, would,
no doubt, satisfy Mr. Butcher, if he made him an
apology ; and he should advise the defendant not to
annoy any one else in a railway carriage.
Mr. Butcher accepted the apology, and defendant
was discharged from custody.
WANDS WORTH.
REVIVAL OF AN OLD DODGE.—John Wilson, alias
Wright, a young man well known to the police as an
associate of thieves, was brought before Mr. Beadon
for final examination on the charge of stealing two
great coats and two neckerchiefs of the value of 8/.
from the hall of Devonshire House, Wandsworth-
road, in the occupation of Mr. Edmund Jye.
From the evidence adduced by the witnesses, it
appeared that on Thurday morning, the 7th inst., the
prisoner was observed by two police-constables of the
V division, named Blackburn and Spice, who were in
plain clothes, walking along the Wandsworth-road,
with a large black bag similar to the one used by Jews,
twisted across his arm. As he passed along he looked
over the various fences and railings into the private
houses, apparently for the purpose of taking the ad-
vantage of any door that might be left open, and
entering the hall, and carrying away in the bag any
property that was lying about. The officers suspect-
ing his designs, followed him, and saw him eater the
gate of Devonshire House. He then opened the hall
door, and entered, where he remained some minutes.
Soon after wards he quitted the premises, and his black
bag appeared to contain something bulky. The ser-
vant girl employed in the service of Mr. Jye saw the
prisoner leave the house, and called after him. The
prisoner instantly ran off, and shot two coats and
neckerchiefs from the bag into the road. He was
pursued and stopped by Spice, who found the black
bag in his possession. Tne prisoner said nothing to
the charge.
Charlotte Figg, the servant girl, identified the
coats and neckerchiefs as the property of her master,
and said they were hanging up in the hall just before
the prisoner was seen to leave the premises. The
catch of the hall-door was very insecure, and could
easily be opened by any person on the outside.
Spice, the constable, said he had made inquiries
about the prisoner's character, and ascertained that he
had been summarily convicted for stealing a coat
under similar circumstances. That system of rob-
bery was very much on the increase, and thieves
were in the habit of carrying the black bags for the
purpose of concealing their intentions. If they were
found upon gentlemen's premises, they would ask if
there were any old clothes to sell, and assume the airs
of the Jews. _

_
The prisoner, having received the usual caution
from the magistrate, declined to say anything in his
defence ; and
Mr. BEADON fully committed him for trial.

MELANCHOLY DEATH BY DROWNING.
On Thursday evening an inquest was held in the Town
Hall, Gravesend, before Mr. adder, Coroner for the
borough, on the body of Charles Coney, who was
drowned on the previous day.
It appeared from the evidrnce, that the deceased, who
was twenty-five b ears of age, and a native of Birming-
ham, had corns to Gravesend on Wednesday, in corn.
party with his wife, to whom he had been but recently
married, and his father and brother, from London, where
1 they had been to visit the Great Exhibition. At about
three o'clock in the afternoon of that day the whole
party went to the Clifton Baths, and deceased proposed
to his father to join him in having one of the bathing-
machines, and having a swim in the river. Both ac-
cordingly got into a machine, which was wheeled to a
proper depth in the river. The old geutleman dived
from the machine, and rose at a short distance, when be
observed deceased, who had waded from the
into the water, which was about breast high, suddeely
borne away by the tide, then rapidly ebbings.ecrAe-
young man, of the name of Thompson,t mo-
tary to the Gravesend Mechanics' Institute, at
that g
ment observing from the bank the deceased machine
straggl.n
to regain the machine, threw offHe got
and rushing into the river, swam to i
for several yards
outside of deceased, and pushed fa
awrdasyfrtoomwatrhdes
towards the shore. At this time
but Thompson
h i hisdeh c
escaorsaeetl
di
relief. He
b ob
eo
etas,
borne down the river, over odnioenbmsaildrraebdiey
bathing-machine, and into P "ter'
him %auk and did not again rise.
succeeded in pushing
the shore, when he suddenlyd
Boats had come off to the al. by h.efforts of both young men, and
exhausted IS to save
Thompson, now quiteicked up. The body
too to restore animationwaTsostohoins
wife of deceased was a Nviiness, as
but
who
the life of deceased, was
could render no assistance. It
after fished up,
melancholy scene
was also his fattier,
boat with two b
d that a
boatmen is always kept
appeared
the tobathing-machines, when people are
contiguous
against accident resulting
to guard
bathing,wimmers or
skilfulness of a , what is more to be appre-
hended the strength of
the current, particularly with
the ebb tide, but on this occasion it seemed the boatmen
bad but a few moments before left the boat, which was
moored close by the machine from which deceased and
his father bad descended into the river. Verdict—
Drowned by accident."
The jury and the coroner passed a deserved encomium
on the gallant and generous struggle made by Thomp-
son to save the lit 0 of deceased.
F

_ OLtEIGN CATTLE.—It having been represented to
the authorities that it frequently occurs
timethat several steam-
ers with foreign cattle arrive at the same at
Belfast, and Cork steam-wharfs, and th atn theoth Dublin,standin
g
the dispatch that is afforded in the requisite inspection on
landing it often happens that great inconvenience is expe-
rienced in consequence of the crowded state of the quay,
which does not afford sufficient room for the purpose, ar •
rangements have been made, with the sanction of the au-
thorities, to afford more convenience and render greater
facilities to the Government veterinary inspector of foreign
cattle on importation from abroad for the requisite examina-
tion of the cattle, for them to be removed directly they are
landed from the wharf to spacious premises situated within
a convenient distance, where every facility and dispatch can
be rendered for their examination by the surgeon and de-
livery to their destination. Foreign cattle are free of duty,
and would be immediately delivered from the importing-ship
were it not legally necessary for them to undergo an inepec..
tion by the Crown officer on landing, in order to ascertain
their entire freedom from contagious disease previous to de-
livery, and this arrangement will remove the confusion
arising from their temporary detention at the place of laad.,
lug, and provide for their due inspection previous to clelivory
to their delitiliatious