The Sun.
London, England, 1856-02-07 00:00:00

MR. CURTIS

Mr. 11. BAILLIE asked the Pikt Lord of the Tr"-
snry whether he had any objection to lay on the table
of the house the correspondence which bad taken place
with the Prussian Government relative to the 'emplrs-
merit of agents for the enlistment of troops, and in re-
ference to the arrest of her Majesty's consul at Cologne
upon the charge of being engaged in such proceedings
Also, any communications which may have been made
by the authorities of the Hansa Towne with reference to
he subject of enlistment ?
Lord F'ALMERSTON had great objection to pro-
duce the correspondence alluded to. The transaction
had been amicably settled ; and the correspondence, if
it were produced, could lead to no good results. With
respect to the second question, the Government had no
correspondence to produce.
COMMUNICATION WITH IRELAND.
Mr. CAIRNS asked the Secretary of the Treasury
whether, in the contemplated postal arrangements with
Ireland, the Treasury had considered the requirements
of trade in the provinces as well as in Dublin ; and
whether any communications on the subject had been
made to any of the Chambers of Commerce except that
of Dublin, or whether any such communication would
be made before any tender was accepted ?
Mr. WILSON said communications with the Chain-
her of Commerce of Ireland had taken place, and the
best attention would be given to thesubjectas regarded
the provinces.

Mr. CAIRNS asked the Solicitor-General for Ireland
whether a bill to amend the law of bankruptcy in Ire-
land would he introduced by Government, and when ?
Mr. 110 RSMAN would next week lay a bill oil tho
table relating to that subject.

ECCLESIASTICAL COURTS.
Mr. COLLIER, in pursuauca to his notice, moved

for leave to bring in a bill to transfer the testamentary
jurisdiction of the ecclesiastical courts to the superior
courts of common law and to the county courts. He
said those courts were condemned more than twenty
years since, and which bad been confirmed by subse-
quent commissions and committees, and the unanimous
voice of public opinion, and yet they had been allowed
to continue in their present state. Fifteen bills had
since then been introduced to transfer the jurisdiction of
these courts, yet they had all failed, and he must confess
he approached the question with some superstitious feel-
ing that these courts were destined to live for ever.
Three years since he called attention to this question,
and was induced to leave it in the bands of the Go-
vernment to remedy the evils complained of. In the
ensuing session a bill was brought in by the Govern-
ment to transfer the jurisdiction of these courts
to Chancery, but some how or other it failed ; in
the following session another bill was introduced, giving
the jurisdiction not exactly in Chancery nor out of
Chancery, but which also failed. In the third session
he proposed to reintroduce the original motion he pro-
posed, and which would deal only with a portion of the
jurisdiction of the Ecclesiastical Courts, that of testa-
mentary jurisdiction—letting the jurisdiction of these
courts in matters of divorce and of church discipline
stand over for the present; but be would observe that
the law of divorce was a disgrace to the country, and
ought no longer to exist. It was, in fact, a law for the
rich, and not for the poor. The testamentary jurisdic-
tion of the Ecclesiastical Courts was an usurpation from
the old county courts of the country. The ecclesiasti-
cal courts numbered 372, and were as motley, gro-
tesque, and disgraceful a lot of courts as could belong to
a civilised country ; and so were their judgments. In
the change he contemplated no new tribunals would be
required, the existing tribunals of the country being suf-
ficient. He would give jurisdiction to County Courts
in matters under 501. In Scotland, 30 years ago, the
Consistory Courts of that country were transferred to
the Sheriff's Court, and he had not heard of any incon-
venience arising therefrom. In America and India
there were no Ecclesiastical Courts, yet men in each of
of those countries made wills, and their property passed
without any trouble or difficulty. He would have
each County Court a district for registering these
wills, appointing some of the present regis-
trars to the office of registrars, and that a will
should be I proved in the district where the tes-
tator died. No attorney nor proctor need be em-
ployed in proving undisputed wills ; any man going
there should be furnished with a form which he
could fill up with the assistance of the registrar'
and all those wills should be deposited in Somerset
House. When the property was under 4001., and any
disputes arose, the county court should have legal and
equitable jurisdiction ; but where the property was
above 3001., jurisdiction might be referred to the
Chancery Courts, Common Law, or a New
Court. He thought there was no necessity for new
tribunals to be established, because the Crown Law
Courts bad been relieved of some of their business,
owing to the establishment of the County Courts,
and could well undertake this. If it were
transferred to the Chancery Court a new Vice-
Chancellor would be required, but he thought
that expense need not be gone to. At present, the Com-
mon Pleas had not sufficient business to fully occupy its
time, and he thought this jurisdiction might be given to
that court. He was in favour of the jurisdiction being
removed to the common law courts. These courts should
decide the validity of wills. After some further remarks
on the details of the bill, the hon. gentleman moved for
leave to bring in the bill.
Mr. HADFIELD seconded the motion. He referred
to the scandalous conduct connected with the patronage
of these courts, and also to the oppressive working of
these courts, and the number of proctors, surro-
gates, &c., connected with its machinery. He said there
were but ICO proctors in the kingdom whose interests were
so anxiously watched over by the upholders of the present
courts. Ho regretted the Government had not brought
forward a similar measure to this. Had they done so
he would have given them his support. He enumerated
some of the expenses of the ecclesiastical courts, which
were drawn often from poor families, widows, and orphans.
It was a duty the Government owed the country to re-
lieve them from those harpies, and allow them to prove
their wills without trouble and at a trifling expense.
On the SPEAKER putting the question,
Mr. G. BUTT rose to address the house, and was
[LEFT SPEAKING.]

LAW INT-F.T.T.TGENCE—(This Day.)

EXCHEQUER COURT.

(Sittings at Nisi Prius, before Lord Chief Baron Pollook
and a Common Jury.)
GENESE V. CUBITT-EXTRAORDINARY CASE.

Mr. James and Mr. Petersdorff appeared for the
plaintiff; Mr. 0 verend and Mr. Turner for the defendant.
This was an action brought by the plaintiff to re-
cover the value of some household furniture from
the defendant, an upholsterer carrying on business
in the neighbourhood of Soho-square. It appeared
from the plaintiff's evidence that Mrs. Rivers,
a lady formerly residing in Trevor-square, Bromp-
ton, was indebted to the plaintiff in 20/. Sub-
sequently he advanced her 60?., to be called 801., to in-
clude the interest on a bill of sale on her furniture, the
amount to be repaid by 2/. weekly instalments. 47?.
had been repaid. Several instalments being in arrears
in November last the plaintiff went to Brompton and
found the house shut up. He traced the removal of the fur-
niture to a workshop of the defendant's in the Haymarket.
A conversation took place between the plaintiff and the
defendant, when the defendant said he held the goods
as a friend of Mrs. Rivers against her creditors, but that
he should be paid his debt. Plaintiff declined to accede
to the proposition, and served the defendant with a
notice. Mrs. Rivers afterwards took the benefit of the
Insolvent Court, and the goods had been sold for 165/.
ss. The defendant had also a bill on the furniture. In
the course of the plaintiff's cross-examination much
amusement was created by the learned counsel " reckon-
ing up" his antecedents. He said he was now out of
business, but kept a short time since the Crown and
Cushion, Russell-street, Drury-lane ; before that he lived
at a private house at Kennington-cross, and discounted
bills and bought and sold jewellery ; before that he kept
a coffee and chop house in Jermyn-street, rented under
the Woods and Forests, but he was never charged with
making a gambling•house of it ; he was once charged
with keeping a gambling-house in Ireland ; he bad
to leave Jerenyn-street in consequence of his
turning the house into a coffee and chop
house. Previous to that he was indicted for keeping a
brothel in George street, Adelphi, but on the trial he
was acquitted. He lived about 20 years in Duke's-
court, Bow-street, but he was not indicted for keeping a
brothel there. In Dublin he kept a gambling-house,
which he gave up without having been indicted. On one
occasion he travelled the country pith two German
dwarfs, as rivals to Torn Thumb, and they were exhi-
bited at the Egyptian-hall, Piccadilly. He was not
aware that he enjoyed the sobriquet of " Guinea Pig"
in Rag-fair, where he sometimes visited. He had never
been engaged in a brothel in Coventry-court, as a ser-
vant, but he had " wisited" there. He was now out of
business, and what little he earned was by bill dis-
counting'.

A book was handed in by the defendant, which pur-
ported to contain a list of the payments, wherein it was
shown that 58/. had been repaid out of the 100/., and a
bill of exchange given for the balance, but the plaintiff
denied that the last page, containing entries over 471.,
the amount he gave credit for, was in his band-writing.
Mrs. Rivers' schedule, containing an entry of the bill o
exchange was put in, but he said he had never seen it
before, and he denied that he said to her after she had
passed the Insolvent Court, " Lotty, I don't care about
the bill you owe me, or whether you ever pay me, but
I want to punish Cubit, and will do so if it costs me 100/.'
The defence was, that Mrs. Rivers, wbo had gone
also by the name of Mrs. Atkins, became embarrassed,
and obtained some assistance from the plaintiff ; she
owed him 91., and, wanting more money, the 1001. was
made up in this way : 91. owing, 311. worth of goods,
pictures, jewellery, &c., 401. money advanced, and 201.
to be charged as interest. When Mrs. Rivers had to
petition the Court 43/. was due, and it was arranged
between her and the plaintiff, that to hold him harm-
less she should give him a bill of exchange for that
amount, a collateral security in the event of her losing
her furniture. The defendant became mixed up in the
transaction in this way : in 1853 he bad lent Mrs.
Rivers as Mrs. Atkins a sum of money on a bill of
sale which had been repaid. In September, 1855, she
at the same time owing him 351. for goods, and 501. that
had been advanced to her, had a further advance of 501,,
making altogether 1351. she was indebted to him, which
she agreed to repay by 251. instalments. A bill of sale
was then given on the furniture for 1501., including 151.
for interest.

The Lord Chief Baron said that the plaintiff's bill of
sale had a prior claim to that of the defendant's.. The
question resolved itself into the truth of the payments
to the plaintiff, the giving the bill of exchange, and the
proceedings at the Insolvent Court.

The ease bad not concluded when onr report left.

CRIMINAL COURT.--(This Day.)

OLD COURT.
Before Mr. Justice Wightman and Mr. Justice Willes.)

THE MURDER OP MR. WAUGH, THE SOLICITOR.
Charles Broadfoot ZSestrom, 25, clerk, was indicted for
the wilful murder of George Waugh.
Mr. Clarkson, Mr. Clark, and Mr. Gifford prosecated,
and Mr. Ballantine and Mr. Lewis defended.

It not being very generally known that the trial would
come on this day, the court was not so crowded as might
have been expected.
The prisoner was somewhat fashionably attired in a
brown isiogle-brouted outer coat, and evidently had

dressed himself with much care. He is not above 5 feet
high, and very humpbacked. His complexion is fair,
and of that pale sickly cast customary to persons so
deformed. His countenance is somewhat malignant ;
his features pinched and projecting towards the mouth.
His eyes are small and sunken, with a very unpleasant
expression. His manner was quite possessed, and ap-
parently self-satisfied, but evidently that of a man whose
mind was affected.

Mr. Clarkson briefly stated the case to the jury, and
in so doing said the circumstances which caused the
death of the unfortunate gentleman were so abundantly
clear that no question could arise as to the facts,
or that the act was the wilful one of the prisoner,
and the only question for the jury would be the
state of mind he was in when he committed it. The
deceased gentleman was a solicitor, and related by
marriage to the prisoner. He had it appeared been
mainly instrumental in obtaining for the prisoner and
his brothers and sisters some property, which, without
the deceased gentleman's assistance, they would never
have recovered any portion of. The prisoner, without
any real foundation for such an opinion, became
Possessed of an idea that Mr. Waugh had robbed
him of his portion of the property, and in consequence
became so annoying in his conduct to Mr. Waugh that
he was compelled to have recourse to the protection of
the police magistrate at Clerkenwell, and prisoner was
brought up to that court. Prisoner then promised that
he would take his affairs out of the hands of deceased,
and not further annoy him. Prisoner then engaged a
Mr. Sandys, of Gray's-inn-square, and the result of
that gentleman's arrangements was, that prisoner's
share of the property was to be sold upon the 14th of
Jan.' upon that day the preliminaries settled, but upon
that day, in consequence of what Mr. Waugh communi-
cated to Mr. Sandy, the matter was put off. The pri-
soner was at Mr. Sandy's office upon that day, and
when he learned how matters stood, became very abu-
sive, and finally left the office of Mr. Sandys, and
said that Mr. Waugh should not have anything more
to do in the matter.

The first witness called was Thomas Sent Whitfield,
examined by Mr. Clerk—l am a solicitor. About half-
past ten on the morning of the 16th of January I saw
the prisoner crossing over Bedford-street towards Bedford-
row. He suddenly turned round towards the end of
Bedford•row, and appeared to be doing something with
his sleeve. I knew the deceased, and saw him coming
in an opposite direction. The prisoner then went up the
street in the direction of Mr. Waugh, and when within
a few yards of him drew something which looked like
brass, and said, "You villain, you have ruined me;
why did you rob me of my property ?" and almost
directly I heard the report of a pistol, and saw Mr.
Waugh stagger. Mr. Waugh said, "Hold him; he has
shot me." I said, " How could you shoot the poor
man ?" He said, "He has done for me." I said,
"And you have done for yourself." - I then tried to
seize him, when he drew another pistol. I thee-secured
the prisoner. Mr. Waugh fell to the ground almost
direotly.

Mr. Ballantine said ho should not ask this gentleman
any question, neither could he deny the facts, and there-
fore would not trouble the prosecution to call any more
witnesses to these facts.

Mr. Justice Wightman said that he saw by the depo-
sitions there were a great many witnesses, all to the
same facts.

The street-keeper of Bedford-row was then called, and
stated that as he was conveying the prisoner to the BA-
tion, prisoner drew a knife from his pocket, which he
took from him.

Sergeant Hayes said that he was on duty at the eta.
tion-house when the prisoner was brought ; and when
the charge was made against the prisoner of murdering
Mr. Waugh, the prisoner said, "He has brought it all
upon himself; he has cheated me out of my estate, some
acres of land ; he is a relation of mine, he married into
our family ;" and added, "I am satisfied."
Inspector Checkley proved that the prisoner said if it
had not been for deceased he should have bad 8001. ;
DOW he should only have 4001., and God only knew
when he should get that, as Mr. Waugh bad thrown it
into Chancery. He gave his address at Newland-street,
Kensington. He went there and found bullets, a bul-
let mould, powder and caps.
By Mr. Ballantine—You found, I believe, that the
prisoner had bought the pistols eighteen mouths ago ?
Checkley—l did, sir.
_ _

Mr. Wren, the surgeon, proved that death was caused
by a bullet, which he found in the groin of the deceased
gentleman.

Mr. Ballantine, in a speech of great length, argued
that the prisoner was insane, and called a number of
witnesses, who spoke to prisoner labouring under delu-
sions, and being of a very unpleasant temper.
Mr. Clarkson having-replied,
His lordship summed up, and the jury had not re-
turned their verdict when we went to press.