The Sun.
London, England, 1851-02-05 00:00:00

i. '031i3111 ._fIt111".

LONDON, WEDNESDAY, FEBRUARY 5, 1851.

The session of Parliament for the year 1851, or, as
we trust, that it will hereafter be termed the Year of
the Great Exhibition, has commenced. The Royal
Speech has been delivered—the Addresses of both
Houses of Parliament duly moved and seconded—and
we are happy to say, carried without a division.
There was also less than the usual amount of aspe-
rity displayed, or than might have been expected,
when the conflicting nature of the elements of which
the Legislature, more especially the popular branch
thereof, is composed. All passed off in an
exceedingly satisfactory manner, affording the
most propitious auguries for the rapid dis-
patch of business, and leaning to the hope
that the relative proportions of " sayings and
doings" that have hitherto been perceptible, may be
materially altered in the second half of the 19th
century. The proceedings, however, were by' no
means devoid of interest. The all but unanimity
exhibited, perhaps unparalleled on such en occasion,
had in it nothing of insipidity. Mr. ROEBUCK, as
usual, imparted a certain degree of acidity, which
might not hai:e injured the flavour of the general
mixture ; while Mr. CHISHOLM ANSTEY, in a speech
that rt. fleeted the highest honour on his bead and
heart, proved how correct we were in supposing
that a large proportion of the Roman Catholic
laity viewed the late Pupal aggressions with at least
as much displeasure and indignation as their Pro-
testant fellow-subjects.
The speech of the evening, however, was that of
the Honourable Gentleman the Member for Norwich,
who seconded the Address. There could not have
been a more felicitous selection for the duty than
that of Mr. PaTo. Sprung from the middle demo;

state of facts, and he had gig too many practical
proofs of his acuteness and ittelligence to suppose
that he would not draw sourd conclusions from the
authentic data within his mob. But SAMUEL
MORTON PETO, a man looked tit to and respected by
the Dissenters of Great Britain—a member of a body
who had long suffered from the effects of
religious persecution and inolerance, and one
who might be regardeC as the exponent
of these views and feelings—called with him even
greater weight and authority. ".he compliment paid
to the individual was a complinett to the Dissenters
of ' all denominations throughcat the length and
breadth of the land, and at tie same time afforded
the strongest guarantee that then would be no retro-
gression in the broad path cf universal toleration,
no invasion of the sacred tiers (f civil and religious
liberty. If the course so long snd so consistently
pursued by the Noble Frenier and his co-
adjutors did not afford s sufficient guaran-
tee that no unnecessary 'estrictions would
be imposed on any class cf her .MAJESTY'S
subjects, the support and approbaion of such a man

as the Honourable Member hr Norwich would
afford abundant confirmation, sich as might con-
vince even the most sceptical that nothing very
formidable was contemplated, an 4 the Whig Minis-
ters could not properly be des!nated as " reac-
tionaries."

We shall not follow Mr. PEn through his sin-
gularly able and instructive speecl in all its varied
details. He touched judiciously on all the topics
introduced in the Royal Spech, and, nihil
tetigit quod non ornarit, he drew the true
distinction when he said that "peace would be
preserved at the risk of everythi g but good faith
and national honour," and felicitouly alluded to the
recent treaties with Brazil, whicbafforded a reason-
able prospect of the " utter abolitim of the accursed
traffic" in human flesh and blooi. He illustrated
the puzzle, that a large reduction of taxation does
not lead to a corresponding dimi►ution of revenue,
by showing that although duties h a large amount
had been repealed or modified during the last session,
the income of the country hd not fallen
off, and the Chancellor of the Exchequer
was still in the happy position of bevilg a large sur-
plus at his command._; The duty on sager had been
reduced is. per cw-t., which should hale, according
to the calculations that had been male, supposing
that there had been no increase of consumption con-
sequent on the change, led to a less to the Ex-
chequer of 311,454/., but which only lei to a decrease
of 9,1801. Again, the great increase i 2 the declared
value of the exports, amounting to nearly forty per
cent. within the last ten years, afforded the best
evidence of the accuracy of the doctrines
professed by the Free-traders, and the happy results
of the great experiment which the Bait:sh nation had
tried. Notwithstanding the abort crop of cotton,
and the consequent increase in price of the raw ma-
terial of the staple manufacture of tie country, there
had been great activity exhibitedin the manufac-
turing districts, and 50,000 hands vere employed in
the mills in 1850 more than in 1E47; and, as Mr.
PETO happily remarked, this '• increase of the
factory hands had not been obtained at the
sacrifice of infantile energy. mare had been
a decrease since 1834 of 20 per cent. in the children
employed, and an increase of 81 per cent. in the
adults."

The number of able-bodied pmpers, too, had
largely diminished, while the staistics of crime in
the manufacturing metropolis shoved even a more
satisfactory result—the criminal !barges in Man-
chester for the year 1848 being 6,187, while in 1850
they were only 4,687.

Mr. PETO also clearly and distinctly showed that
the change in the navigation-laws 114 not produced the
stagnation that had been anticipated by the prophets
of ill omen ; on the contrary, the tonnage had in-
creased, and the greatest activity pervaded the ship-
building districts. With respect t) the agricultural
districts, although there has been unquestionably
some degree of success, Mr. PET) showed that there
was every prospect of improvement, which he ven-
tured to predict, without laying claim to any extra-
ordinary powers of vaticination. In speaking of the
position and prospects of the sister kingdom, Mr.
PETO bore honourable testimony—and a more com-
petent and unexceptionable witness could not he
procured—to the character of the Irish labourer,whom
he described as, if fairly treated, the most faithful
creature in existence.

The greater, and perhaps, all things considered, the
most important portion of the speech, related to the
Papal aggression. On this paint the Honourable
Gentleman showed that any measure that might be
introduced could not be regardel as a restriction "on
religiousawna drnll warmly
that
resented
esopinions,etnhteedPapal,,but
n the
e pear l
r
onlysiP on
tmist days of political doctrines,"
would have been as
the Roman
Catholic religion in this country."
This admirable speech, which we earnestly commend
to the calm and attentive perusal of our friends and
the public, no doubt greatly conduced to the subse-
quent unanimity. We congratulate the country on
the auspicious opening of the session and on the pe-
culiarly favourable prospects so clearly developed in
the speech of the llonourable Gentleman the Mem-
ber for Norwich.

e oefraagel, ea lluainvie recently
;
MORE EXPECTED SECESSIONS FROM THE CHURCH.
—We learn with much regret that two of the mostdsissetisns:
towards
distin-
guished lady members of the aristocratic world, and
po
ginivgetnhseuleihigluiensmt tisittlaeks
eanb
the Church of Rome, as to create in the minds of their
friends very great uneasiness lest they should openly secede
from the Anglican Church, and become avowed adherents of
the Romish community. If these apprehensions should be
i °I
eu indicationsl nth
realised—and with regard to one of them it may be looked
ter any day or hour—their "conversion" to the Popish faith
will create a deep sensation iu the country.— A dvertism
THE LANCASHIRE AND YORKSHIRE RAILWAY._
We understand that the amount which the Lancashire and
Yoikshire Company will have to reserve under the injunc-
tion with regard to the Fifths' holders to meet the dividend
on these shares, will be about 12,0004 This, of course, ren-
ders the two per cent. dividend more probable than either
a 2i, desired by some porticn of the shareholders, or a 9i
per cent. dividend, which we stated might be recommended
by the directors.—Morning /apex. _ _

- -
Mr. Maaterman, treasurer of the Fistula Infir•
mary, gratefully acknowledge; the receipt of a munificent donation
of Three Thousand Pounds, pax' by an individual, confidentially, to
l‘lr. Frederick Salmon, the limorary Surgeon and Founder of the
institution, and begs to apprho the donor of this truly charitable,
generous, and serviceable gift, that in accordance with the desire
expressed to that gentleman, tie amount has been carried to the cre-
dit of the Building Fund of tie New Hospital, about to be erected
in the City-road, upon the siteof the Dyers' Almshouses, which has
been purchased tix• that purpcse by the Committee of the Infirmary,
—35, Nicholaa-lane, Jan. 30,1551.

Madrid journals of the 29th ult. have arrived.
Their contents are unimportant.
_____

MADRID BOLSA, JAN. 29.—The Three per Cents.,
34 11-16; Five per Cents., 13k. Exchange on London,
50 65.

GERMAN Y.

Accounts from Berlin of the 3d announce the defeat of
the Prussian Ministry in the Lower House on that day.
The House rejected paragraph 30 of the Government
draft of a loan on the responsibility of Ministers by
182 to 105.

Advices from Cassel of the 31st ult, state a conven-
tion has been entered into with Austria for garrisoning
the Electorate with Austrian troops, and for sending the
Hessian troops to Bohemia. The Hessian officers who
resigned their commissions are to be tried by a Bavarian
court-martial.

Accounts from Vienna of the 31st ult. state that the
Austrian army will be immediately reduced by 150,000
men.

RUSSIA.
ST. PETERSBURG El, JAR. 18.—A letter from St.
Petersburgh states that above 10,000 Russians, belonging
to the richest families in Russia, have already applied to
the EMPEROR tor his authority to pass a few months in
London daring the Grand Exhibition.

MONEY and COMMERCIAL NEWS.
CITY, TWO O'CLOCK.
The sales of Cotton at Liverpool yesterday were estimated
at 2,500 bales, all to the trade, comprising 2,000 American,
100 Pernam and Maranham, at Bd. to 8%d.; 100 Egyptian,
at BLA d. to 101/2d. ; and 250 Surat, at sd. to 5%c1. per lb.
The market was quiet but steady.—Railway bhares were
dull, and generally at lower prices.
Accounts from Belgium state that the attention of the
Government there had been directed to the fact that there
were parties contravening the law which prohibits the ope-
ration of foreign insurance companies, and accordingly a new
decision had been obtained in one instance from the Court of
Cassation, confirming the former interpretation of the law.
At Amsterdam, on the 3d inst., the Dutch Funds were
again in favour, and with an animated business doing.
Spanish Bonds were almost without variation. Mexican
were in more request and also Peruvian Deferred. Dutch
Two•and-a-Half per Cents. closed at 57 9-16 to %.
There was some indication of weaknessyesterday afternoon
in the rate of exchange on Paris and one or two other
places, but there was not much done.

„
The English Stock Market is still comparatively free
from oscillation, but the satisfactory nature of the proceed-
ings in Parliament last evening have given it a firm tone.
Thcre has been a little business doing fur for money, but no
speculation. Consols have been quoted 96% to 9G% for
Transfer, and 96!i, % for Account. The New Turee-
and-a-Quarter per Cents. brought 9834% ; and; the Three
per Cents. 97% to 97%. Bank Stock has
been steady at 214,4 to 215. Exchequer-bills have been
maintained at i7s. to 61s. premium, and India Bonds, under
1,0001. have realised 68s. to 71s. premium. A bargain has
been effected in the New Five per Cents. at 123.,
The Foreign Securities have been very quiet, and from
mere absence of business have appeared heavy. Mexicrn
Five per Cents. have been quoted 331/, %, and Spanish Five
per Cents. 18g. Dutch Two-and-a-Half per Cents. have
been quoted 58i 4. Russian Four-and-a-Half per Cents.
have been marked 97,1
The Railway Share Market has been slightly on the de-
cline, and lower rates have been submitted to for some of
the principal lines. Still the aggregate transactions have
been satisfactory both as to extent and value, and after such
a material advance as that which occurred last week, the
reaction is but trifling.

QUARTER TO THREE.
Consols ... 961 i
Ditto Account ... 96i
BRITISH FUNDS THIS DAY AT ONE O'CLOCK.

(From the Official List.)

dank Stock 215 2141%
8 rer Cent.lteduced Annuities.-- 974,, IA
6 per Cent. Consols Anne
'aw 314 per Cent. Arms. ... 981434
New 5 per Cent. Annuities 123
Long Annuities, Exp. Jan. sth, 1860 7 13-16
D 0.30 Years, Expire Oct. 10,1859 7 9-16
Do. 30 Years. Expire Jan. 5, 1860 7 7-16
India Bonds under 1,0001 6B 71 p
' mmols for Account 96%%
E c•chequer Bills. 1 lid. 2d.
March. June.
1,060/.
500/ — 57 61 57 p
Small — 57 61 57 p
PRICE OF FOREIGN FUNDS AT ONE O'CLOCK.
Mix-icon 80utt5,1846,5 per Cent., Coupons
Ditto Ex Jan. Coupons
Ditto Account
Russian Bonds. 1822, 5 per Cent ll3
Ditto 4% per Cent. 975
Spanish Bonds, 5 per Cent lB%
Dividends on the, above payable in London.
Dutch VA. per Cent., 12 build

COURSE OE
Armlet(lam ......••.. 11 16
Intik,, three months.. 11 17
ttotterdam ••.... 11 17
25 20
l;ruasols• ........ 25 20
Ramburgh ....•• M.B. 13 6%
Altona •••• •••• •.
Paris, 3 days 24 97%

FACiIANGE.

iGibraltar.....

Leghorn ........•• AO 62%
,1ea0a.••••.......-- 25 55
•• •• •• •• •• ••••
Venice........•• ••••••
Naples ......••....•• 41%
125%
Messina •••••••••••••• 12514(
Lisbon...... .......... 531,(
0p0rt0................
itieJaneiro ........••
Buenos Ayres
New York, 60 days'eight
Philadelphia .... • .....

Ditto, 3 months 25 20 -
Marseilles •• •• ••.. • . 25 22%
80urdeaux......... .
Irrankforton litALllO.• se 118
Berlin•• •• ••
Vienna, effec. do—. • • 12 55
Trieste, ditto.... • • .... 12 56
Petersbargh,Sll. Rble.. 37%
Madrid •• •• •• •• •• •• •• 49%
Cadiz •• .••••• •• ••••••
Barcelona

MIMI OF BULLION, PEE OZ.
Foreign Geld inbars.. £3 17 9
Portugal Gold Coin .. 0 0 0
Spanish Doubloons .. 0 0 0
Now Dollars .... •• 0 0 0
Silver in bars ........ 0 b 1%

Seville•••••••• •• •• •• ••

LLOYD'S SHIPPIN G.-( THIS DAY.)

LONDON, FEB. 5 .—Wind at noon S.W., moderate breeze and dull
hazy weather.
FigunuAßD, FEB. 3.—A barrel of Stockbo'm tar, marked K. A. I.
P. E., 1849, has been picked up, also a pinnace or gig without name,
a barrel of tar, and the figure head of a man (a quaker).
QUEENSTOWN, FEB. 3.—Wind N.W.—Sid. Nelson, Vellage, Char-
leston; De Witt, Clinton, New York; Leveathan, Boston; Volant,
St. Andrews. Off port, Countess of Sefton, Callao, for Liverpool.
LIVERPOOL, Fan. 4.—A British brig of Halifax, Nova Scotia, was
seen in lat. 40, long. 79, with loss of bowsprit and foretopmast,
steering W. The Hope, for New Orleans, has put back leaky.
ERISTOI„ FEB. 4.—Wind N.W.—Arrd. Caroline, Paraiba.
CARDIFF, FEB. 4.—Wind IV.N.W,—SId. Nathaniel, Thompson,
New Orleans ; Pike, New York.
SHIELDS, FEB. 4.—Wind N.W,—Sid. Julia, Philadelphia ; Mary
Bell, Aden.
Ban., FEB. 4.—A wreck, apparently a brig of about 200 tons, was
seen drifting on the Princess Channel shingles, beacon bearing
E.N.E., distant one mile.

Sr. DAVID, FEB. 3.—A foreign-built boat, no name cr mark ; also
a tar-barrel marked ' 850, A. S. I).," have been picked up.
LIVERPOOL, FEB. 4.—Wind N. W.—Arrd. Winfred, Calcutta;
Underwater, New York. Sld.• Melly Pawn, Valparaiso; Courier,
Calcutta. Off port, Ranee, and (leo. A. Ilapley. Put back, Colina,
Senegal; Inconstant, Rio Grand, The Blanche, from Sydney, C. 8.,
and not St. John's, N. 8., as before reported, has arrived, with con-
siderable damage, having been aground off Brunswick Duck.
COLCHESTER, FEB. 4.—The Hope schooner. of Dartmouth, from
the north, is on the Barrows Sand; is expected off, weather per-
mitting.

PORT,NIC. UTU, FEB. 4.—Wind W. to N.W.—Sld. Lady Kennaway,
Hobart Town,
PENZANCE .—Sld. Ide, Cardiff and Rio Janeiro.

SCILLY.—SId. Lady Ann, Nassau.
CLYDE.—Arrd. James Stewart, Demerara; Corra Linn, Now
York. Sld. Wandsworth, Port Philip and Sydney, New South
Wales ; Monarch, Honduras. Put back, Nova Scotian, Boston.
CARDIFF, FEB. 4.--Alacrity
.schooner, Plymouth, London to
Gloucester, Pn shore at Breaksea Point.
WivENnoL, FED,. 4.—Hope sehoeue:, of Brigham, Newcastle to
Palma, has conic in leaky, and half of cargo thrown overboard,
having grounded on the Barrow Sand.
KINGSTOWN —Sld. Caroline, Buenos Ayres ; Margaret, Riobe rGdeerannde.
FEB. 3.—Wind S.W.—Arid. Jesse Cook, Ato
Newcastle, leaky, and master fallen overboard and drowned.
ABERDEEN, FEB. 2. —A rrd. Jane Prows°, Callao.
DuBLIN, FEB. 3.—The Honour, of Louden, Liverpool to St. Do-
mingo, struck ea a reef off Budywalter, but has not received any ap-
parent damage.

We believe that it is now definitively arranged that
a Royal Commission will be issued to inquire into the state
of the Ultiversit.7 of Dablia.—,Nrenin9

The Court was crowded to excess this morning at an early
hour, in anticipation that the Sloanes would be put upon
their trial, an anticipation which subsequently turned out to
be not at all ill-founded. The entrances and avenues lead•
ing to the court were inconveniently thronged, while in the
court itself there was an extensive muster of the gentlemen
of the long robe, who kept up a continual buz of conversa-
tion around the reporters' box, with a couple of well-known
police-court solicitors, to the great annoyance of the repre-
sentatives of the press. The compartments in the body of
the court appropriated to the public were filled almost im-
mediately after the doers were thrown open,, and amongst
those present were several well-known literary and artistic
gentlemen, and a few members of the aristocracy • but the
gallery at the opening of the case was, comparatively speak-
ing, empty.
Shortly after ten o'clock Mr. Justice Coleridge and Mr.
Justice Cresswell, attended by the Right Hon. the Lord
Mayor and the Sheriffs, entered the court and took their
seats on the bench, and after one or two cases had been
" mentioned " and " appointed " for a future day, the Clerk
of the Arraigns directed the gaoler to call up George. Sloane.
Immediately afterwards George Sloane and Theresa Sloane
were put forward. Mr. Sloane, whose personal exterior has
already been made familiar to the world, appeared to be suf-
fering from mental depression, but he was nevertheless suf-
ciently collected to be able to communicate freely with his
legal advisers. Mrs. Sloane seemed to be in the last depth
of misery and mental distress. Her head was covered with a
loose black lace veil, which fell over her forehead d la Mary
Queen of Scots, and partially concealed the upper part of her
features, while she held a light cambric handkerchief to her
mouth which rendered the concealment complete. •
They were indicted for misdemeanour, the indictment con-
taining many counts; and upon being called upon to plead,
Mr. Sloane in a loud firm voice read from a slip of paper,
4 Guilty to all Op Indietuaass*-wsecept -the- fituts'autt-iscond
counts." no spolieln 41-43 leer audible solos, but his wife in
delivering the same plea scarcely spoke above a whisper.
Mr. Chambers, Q.C., with whom was Mr. Huddlestone,
appeared for the prosecution; and Mr. Clarkson, with whom
was Mr. Bodkin, watched the case on behalf of the prisoners.
Mr. Justice COLERIDGE wished to know what course the
prosecution intended to pursue now.
Mr. CLARKSON submitted in the first instance that
the two counts excepted by the prisoners, which charged
them with neglecting to provide one Jane Wilbred, who was
an infant of tender years, and had been under their control
as a servant, with proper and necessary food and nourish-
ment, could not be sustained in point of law, as it could not
be said that Jane Wilbred was an infant of tender years.
Mr. Justice COLERIDGE thought the proper time had not
arrived yet for taking such an objection as that.
Mr. HUDDLESTONE said all the other counts simply charged
the prisoners with a common assault.
Mr. Justice COLERIDGE again observed that it was for
those who had charge of the prosecution to determine now
the course to be pursued with reference to the two first
counts.
Mr. CHAMBERS said he would go on with the whole in-
dictment as if the prisoners had pleaded not guilty, as it
would be necessary to go into the evidence of the assault to
establish the other two counts.

Mr. CLARKSON asked their Lordships to order all the wit-
nesses out of court, which was done. The girl Jane Wilbred
was in attendance, and quitted the court with the other
witnesses. She looked robust and well, her cheeks wore
the ruddy hue of health, her walk was firm, and her figure
upright.
Mr. Justice COLERIDGE—Very well, then swear the jury.
The jury having been accordingly sworn,
Mr. CHAMBERS proceeded to open the case to them. He
said there were several counts in the indictment, but the
first two, which the defendants had excluded from their plea,
were more special than the others. No doubt it would be
contended on the other side that they were bad in law, but
he thought he should be able to show before the trial closed
that they were sustainable both in point of law and fact.
The law required masters to provide due and proper nourish-
ment for infant servants who might come under their con-
trol, and their neglecting to do so was an offence in law.
Now these two counts charged the prisoners at the bar with
that offence, and he apprehended there were cases in the
books to support the proposition of law which he
had endeavoured to explain, while he had no less
doubt that the evidence would establish the
offence to the fullest extent. Having thus briefly
explained the law to them, he would proceed to disclose to
them a short outline of the facts of the case, only premising
that they ought to dismiss from their minds all prejudice
that they might have engendered against the prisoners, or
either of them, and try the indictment solely upon its merits.
The girl who had been the victim of the prisoners'misconduct
was formerly an inmate of the West London Union, and on
the 9th of July in 1849 the female prisoner applied to the
overseers to recommend her a servant from amongst the
orphan paupers of the union. She stated thitt she was the
wile of Mr. Sloane, of Pump-court, Temple, and Mr. Parker,
the schoolmaster, having made inquiries about her, reported
the result to tip guardians, who thought it would be an ad-
vantage to on& of yhe female charges if she could be got into
the service. Accordingly, when Mrs. Sloane called again
she was sbcyx n a number of ,girls, from whom
she selected Jane W ilbred, the subject of the pre-
sent inquiry, and she was handed over to her custody in
excellent health, and having been previously supplied with
three suits of clothing Passing over the interval between
that period and the time when the girl was first discovered
by Mr. Phillitnore, the barrister, in a butte of dreadful ema-
ciation, the Learned Counsel went on to describe the steps
which that gentleman took to bring the affair to light. Mr.
I'hiliimore, finding that Mr. Sloane belonged to Lincoln's
Inn, applied to some of the authorities of that institution on
the subject, and ultimately the girl was got possession of and
removed to the Royal Free Hospital, where she was restored
to a comparative state of convalescence, not by the aid of
medicine, but through the instrumentality of careful nourish-
ment. Long ere her recovery, however, she was carried be-
fore Mr. Alderman Haniphery, at the Guildhall Police-court,
where she made a statement which seriously implicated the
prisoners at the bar, and naturally induced the Alderman to
call upon Mr. Sloane to appear before him and answer the
complaint.
Mr. Justice CRESWELL here directed the Learned Coun-
sel's attention to the fact that he had said nothing about the
age of the girl.
Mr. CHAMBERS thanked his Lordship for the suggestion.
The girl was 14 years of age when she was taken from the
workhouse school, and she was therefore between 16 and
17 years of age when Mr. Phillimore's attention was drawn
to her. At first it would seem that she was duly and fairly
treated by her master and mistress, but in the course of time
they began to illuse her, and keep her without food, till she
was reduced to such a frightfully emaciated condition that
her reduced bodily appearance attracted the attention of
some of Mr. Phillimore's servants when she was carrying
water from a neighbouring pump. Those persons, seeing
her sink clay by day, spoke to Mr, Phiilimore on
the subject, which eventually led to his interference in the
manner he had already described. It would not, however,
be necesssary for him to go through every individual case of
assault, it would be enough if be should, by the evidence of
the girl and other parties, show that the prisoners neglected
to supply her with the requisite and adequate food for her
sustenance. If not, then it would be the duty of the jury to
convict them on the two first counts of the indictment; but
as to the question of law, they had nothing whatever to do

with it. It was beyond their province, and must rest entirely
with the bench. And having thus stated what the nature
of the facts were which the evidence would disclose, he would
at once proceed to call that evidence, simply reminding
them for a second time that the due administration
of justice required them to dismiss from their minds all pre-
conceived notions of the case and be guided in their judg-
ment exclusively by the evidence.
Mr. Justice COLERIDGE, before any witnesses were called,
announced that in the opinion of the Court the counts had
not been properly drawn up. They alleged that Jane Wilbred
was an infant of tender years under the dominion and con-
trol of her master and mistress, who were the prisoners at the
bar, and who had wilfully omitted and neglected to supply
due and sufficient food for her proper nourishment. No doubt
that was an indictable offence in law, but according to the
opening of the Learned Counsel the girl was between 14 and
15 years of age when taken into the service, while at the
time when she was found in this emaciated state she
must have been at least 16 or 17 years of age.
Now, this girl could not be considered an infant of tender
years, and therefore he thought the prosecution would fail
in proving this material allegation, which would put an end
to the case. Masters and mistresses, when they engaged

domestic servants of mature age, contracted, of-cour—se,—to
supply them with proper and sufficient food, and if they
failed to do so it was a breach of the civil contract ; but he

need not tell the Learned Counsel that this was not the place
to try a breach of civil contract. If it could have been shown
that the girl w,,s kept in durance, and prevented from re-
dressing herself or from complaining, or procuring any other
service, then the case would have been different, and the priso-
ners might have been tried on these counts ; but she was not
restrained in any way. On the contrary, she was seen from
time to time in and about prisoners' premises, and she had
ample opportunities of complaining to the various parties
whom she saw around her.

Mr. CHAMBER; conceded at once that the question about
the tender years of the girl rested entirely with their Lord-
ships, but it was right that he should mention that although
she was not in a state of absolute duress, yet the prisoners ex-
ercised such a control over her as to prevent her righting her-
self, or complaining to the people around her.
Mr. Justice CRESSWELL said children were by law con-
sidered competent to judge with reference to the most
im-
portant occurrences of their lives and when disputes s_t9e
about the custody of a child, a child at a very early age w
...,s
allowed to elect between the parties claimingitwbase
It was, therefore, impossible to say that this girl
tender years as to be by law quite incapable
righting herself.
d common sense
Mr. Justice COLERIDGE said both law and A girl of as vsotwargu cohr
six-
contradicted the allegation of tender yaeacr
C 5 a but a young
teen or seventeen years of age was,p:vtent, to that that which
woman, and was competent at II
nature itself prompted. assistanceonrotofbeprsoaciudriugehe had
looked simply
iu the metropolis, and therefore,
stiou of common sense the
not opportunities of complatien°inugid,aw
hether they
caotntchleuslouleisitiiioul:L°bio.eltastEe. osslau.nlieleiltqtueed that still there were two
could decide—first, what was the
questions which n
natureih.i r
amount oj• huiarc:iii
actualt
tra nt exercisedan d over
secondly,the
that. there was no absolute duress, was the
girl of sufficient capacity to enable her to
egii,reelili;ledcsitid,
sitnhge
intellect
or right het self? He apprehended that the ques-
tion of tender age depended entirely upon the extent and de-
velopment of the intellectual capacity of the girl.
Mr. Justice COLERIDGE said the Learned Counsel who
opened the case had intimated no special circumstance of
the nature suggested by Mr. lluddlestone, nor did the indict-
ment allege that the girl was of tender age by reason of the
weakness or incapacity of her intellect. They must take
the case according to the facts disclosed in the open-
ing and not impart speculative matters into it.
The simple question was, had the prisoners exercised such
dominion and control over her as to prevent her from com-
plaining to other parties, and the facts appeared to nega-
tive it.

Mr. CHAMBERS said that if the Court was of opiaion that
the girl could not be considered in the light of a child of
tender years, why, of course, there wee en end of the case. hie