The Sun.
London, England, 1860-08-18 00:00:00

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POLICE INTELLIGENCE—A gN "R
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MANSION-HOUSE.-.----Mr. Daniel
hysician, living at Wii
Regent's-park, was brought up on a reml
with appropriating to his
,own use a
various sums of money, amounting in
£2,712 odd, which he held as trustee under wiin
of the late Mr. Samuel Rigg, of Canterbury, solici-
tor, with ' intent to defraud Henry Wadham and
Elizabeth his wife, the latter of whom was a resi-
duary legatee.
It was elicited in evidence on the first examina-
tion that on the 7th of March last Messrs Simpson.
and Cooke, stock-brokers in Tlarogmorton-street, at
the instance of the prisoner, sold out £1,492 4s. sd.
New Three per Cents., part of a larger sum of
£2,492 odd standing in his name and that of Mrs.
Rigg, the widow of the testator, as trustees under
his will, and transferred £l,OOO from the same ac-
count to that of Mris. Rigg, his co-trustee. The sum
realised by the sale was £1,409 10s. 4d., for which
they gave prisoner a cheque, which was afterwards
returned to them 'ai,paid by their bankers, and
which the prisoner sent to be placed to his credit
at the Bank of England (western branch), where
he keeps an account. Among his papers when he
was apprehended in Edinburgh was found a deposit
note for £1,200 of the National Assurance and In-
vestment Associkion, Pall-mall, dated March 22,
1860, in his own name.
The fresh evidence given yesterday is subjoined.
Mr. Cooper, barrister, appeared for the prosecu-
tion, and Mr. Humphreys for the prisoner.
Mr. T. Prideaux, civil engineer, 22, Charin g-cross,
said he had known the defendant for some time,
and had received accommodations in money from
him, between August, 1859, and July 19th of this
year, to the amount altogether of about £B5. For
£7O, part of that sum, he had given the defendant
a bill. He received the money Brom defendant in
sums of £lO, £2O, or £3O, just as he wanted it. He
still owed defendant £BO, and he had no claim on
the estate of Mr. Rigg.
Cross-examined by Mr Humphreys—He( witness)
borrowed the money, but not at interest. He had
always found the defendant a strictly honourable
and upright man, and exceedingly liberal ; in fact,
he was usually employed with philanthropic objects
more than his own business. He should be exceed-
ingly astonished to hear that the defendant had de-
frauded any one.
By Mr. Oke—The money he had from the defen-
dant was partly in cheques, drawn on the Western
Branch Bank of England, and partly in gold.
Mr. J. D. Farrell, a clerk in the Bank of Eng-
land (western branch), deposed that on March Bth,
just before the cheque for £1,409 108.4 d. (the pro-
ceeds of the stock sold by Messrs. Simpson and
Cooke) had been placed to Dr. Gourley's credit
there, his balance at the bank was £35 9s. 2d.
Witness then read from the defendant's pass-book
a list of sums which had been paid away to various
persons on cheques drawn by him on the bank, be-
tween the 20th of March last and the 6th of August,
amounting in the aggregate to £1,422 14s. The
balance, he added, which now stood to- the de-
fendant's credit at the bank was £2B 3s. 10d.
Mrs. Eliza Rigg, of 5, St. James's-terrace, St.
James's-square, Notting-hill, widow, and executrix
of the testator, said—At the time of my husband's
death a sum of £2,492 8s 4d, Three-and-a-Half per
Cent. Consols stood in his name at the Bank of
England. I accompanied Dr. Gourley to Messrs.
Simpson and Cooke, stockbrokers, on the 7th of
March last, when the £1,492 4s. sd. stock was sold
out. Of the £1,409105. 4d which it realised, £l,OOO
was transferred to my name. Ido not know what
became of the rest of the money. I understood from
Dr. Gourley that he was going to invest it in such
a manner that the legatees under the will might all
be paid, instead of the money being squandered
away in litigation in the Court of Chancery.
Mr. Cooper—Did you ever authorise Dr. Gourley
to apply that money, or any part of it, to his own
purposes, or to lend any of it to Mr. Pxideaux, or
anybody else ?
Mrs. Rigg (emphatically)—No.
Cross-examined by Mr. Humphreys--He has not
to my knowledge appropriated that money to his
own use. I have known Dr. Gourley for some
years. He was the medical adviser of my husband,
and I have always placed the most im:plicit confi-
dence in him as a man of honour and integrity.

PRICE 4D• STANIPED, SD.

SUMMER ASSIZES.

WESTERN CIRCUIT.—BRISTOL' Aug. 17.
(Before Mr. Justice Keating and a Special Jury.)

COLE V. WELCH.

Mr. M. Smith, 4.6.; and Mr. Thring were for
the plaintiff; Sir F. Slade, Q.C., and Mr. Stock for
the defence.

This was an action for breach of promise of mar-
riage, the damages in which were laid at £lO,OOO.
The declaration alleged that the defendant had pro-
mised to marry the plaintiff, and that a reasonable
time having elapsed he had neglected and refused

to do so. A second count alleged that ho had pro-
mised to marry her on a certain day, which day
had elapsed, and that he had neglected to do so.
The defendant pleaded-Ist, that he did not pro-
mise as alleged ; 2d, that a reasonable time had not
elapsed ; 3d, that the day agteed Upon had not

elapsed; 4th, that the plaintiff was not ready and
willing to marry; sth, that the plaintiff had ab-
solved him from his promise.
Mr. M. Smith said he had the honour to appear
for the young lady, Miss Cole, who had complained
of a grievance she had sustained at the hands of

Mr. Welch, who had broken his solemn engagement
to marry her. The engagement was deliberately
made, pursued for a very long period, and heart-
lessly broken. The plaintiff, who was now 24 years
of age, was the daughter of respectable parents, her
father being a yeoman of some consideration in the
county of Somerset. Her mother had died when
she was young, and he had married again, and Miss
Cole had been adopted by two cousins, maiden
ladies, who resided at Wick-cottage, near Wells.

The defendant was a person in ;ma the same po-
sition of life. He was of respectable family, farmed
an estate, and was a man of great wealth, having
by the death of in uncle come into a fortune of
some £30,000. The learned counsel here went

minutely through the circumstances of the case as
afterwards detailed by the evidence, and said Miss
Cole had not only suffered the loss of the compe•
tence and position he had offered her, but she was
also grievously depressed in mind. He (the learned
counsel) had just been informed that Mr. Welch
had contracted marriage with a Miss Gray.
Sir Frederick Slade—Yes, his first love.
Mr. Smith said nothing could justify the neglect
of Miss Cole, and commented severely on the pleas
which had been put on the record. He expressed
his confidence that the jury, when they had heard
the facts, would award the 'plaintiff substantial

damages.
The following evidence was then given :
Miss Elizabeth Hill deposed that she lived at
Coxley, near Wells, and her sister Eliza lived with
her. Knew the plaintiff and defendant. Miss
Cole was the daughter of a respectable farmer, and
a second cousin of witness's. Her mother was dead,

and her father had married again. Plaintiff had
been at school since a child by witness's direction.
She generally spent her holidays at her father's.
She left school rather more than four years ago,

and came to live with witness and her sister, by
whom she was adopted. She had lived with
them entirely since as one of the family. Knew
defendant, who lived about half-a-mile from them.
He was about 40 years old. In the summer of
1856, the Rev. Mr. Phinn and Mrs. Phinn occu-
pied apartments in their (the Misses Hill's) house.
He was curate of Coxley, and the plaintiff taught
in his Sunday-school, where the defendant was a
teacher. Defendant was in the habit of visiting Mr.

and Mrs. Phinn. In the summer of 1857 they went

to Weymouth, and during the time they were away
plaintiff and defendant taught in the Sunday school
as usual. On the Sundays, during that time,
witness saw them at her house, to which they
walked together. Mr. Welch appeared to pay

great attention. At that time witness was not on
visiting acquaintance with Mr. Welch. Soon after-
wards Mr. and Mrs. Phinn resigned their apart-
ments, and when they were packing up Mr. Welch
was often there to assist them. Mr. Welch's atten-
tion to plaintiff increased, and after that he came
once or twice a week. At the beginning of 1858
Mr. Welch proposed to come into witness's house,
and he took an apartment there, which he entered
on the 14th February. In the following month of
March he asked witness if a dress on the table was
Miss Cole's. He said it was very neat, and asked
if it was to be made long or short, for he thought
long sleeves better than short for her. In the even-
ing witness heard him tell Miss Cole that he had
seen her dress and liked it very much, and it would
do for her to be married in. He added that they
were going off together that evening. In March,
1858, Mr. Welch had his deed-box brought to the
house in a basket. He took Miss Cole to see them.
'Mr. Welch took his meals with them, being gene-

Mr. Humphreys—Do you still believe him to
be so ?
Witness—l have no proof to the conimary, unless
his pass-book, which I have recently seem, furnishes
it. My husband (she continued) died in September,
1858, and there were three trustees noaninated by
his will, Dr. Gourley being one, and I was ap-
pointed executrix and co-trustee. Dr. Gourley, as
well as the other two trustees, rcfused tao act. 'r«°
of them renounced the trusteeship, aml it was at
my entreaty that Dr. Gourley after declining at
last consented to act. There are marry legatees
under the will, some whose legacies we re payable
immediately after my husband's death, and others
whose legacies are contingent upon my d ecease. I
was privy to the sale of the £1,492 odd stock. It
was sold for the purpose of paying off the legatees
under the will and purchasing an annuity for my
life, with a view to seoure me a larger income and
to prevent the estate being swept away in the Court
of Chancery. The legatees I refer to are those
who would be entitled to legacies after my death.
I consented to the stock being sold out, and I went
with ])r. Gourley to the bank, and signed my name
along with him to the documents. I understood
from him that on the 19th of December last he paid
Mrs. Wadham, one of the legatees,. £25. He
showed me her receipt for that sum. [Mrs. Wad-
ham, one of the residuary legatees to a small
amount, is the person, who, with her husband, is
said to have instituted the prosecution.]
Mr. Humphreys proposed to put in Mr. and Mrs.
Wadham's receipt for £25, which he said purported
to be in full discharge of any claim they had on
the testator's estate ; but after hearing Mr. Cooper
on the point, the Lord Mayor ruled against its ad-
missibility.
Witness continued to say in cross-examination—
Dr. Gourley has told me he has paid other residuary
legatees under the will. Out of the stock sold in.
March Dr. Gourley has paid me £2O. for any in-
terest due on the following month. Dr. Gourley
told me that he had received an urgent letter from
Mr. Talbot, a solicitor in Bedford.row, with respect
to this matter ; that he had seen Mr. Talbot per-
sonally on the subject, and that that gentleman was
so satisfied with the explanation ho had given him
that he had abandoned an intention he had of throw-
ing the estate into Chancery. I was receiving about
1;3 per cent. on the money in the funds, and by in-
vesting it in the National Assurance and Invest-
ment Association, in Pall-mall, as proposed by Dr.
Gourley. it would have yielded me £5 per cent.
The money in the funds was all my own before I mar-
ried Mr. Rigg. I believed the stock was sold out for
the purpose of paying off the residuary legatees, and
of investing the remainder for my benefit. I have
nothing to cause me to think otherwise unless it be
the production of Dr. Gourley's pass-book. I cannot
now exactly say I believe that was his intention ;
but I believed it was at that time.
By the Lord Mayor—My faith is shaken in Dr.
Gourley since I have seen the pass-book.
Cross•examination continued—He did not tell me
that he had lent people money besides proposing to
invest the money in the National Investment
Company.
Mr. Humphreys—You are not the person who
has set this prosecution on foot ?
Witness—Oh dear no.
Some further evidence was given, especially by
Mr. Bryan, an army contractor, in Dacre-street,
Westminster, who had known r.-Gourley for 12
years, and who spoke to his being a man of the
strictest honour and integrity.
Mr. Humphreys stigmatised the prosecution as an
attempt to extort money from Dr. Gourley.
The Lord Mayor said he should feel it his duty
to send the prisoner for trial.
Mr. Cooper then called witnesses to prove, and
who did prove that the prisoner had appropriated
to his own use and purposes a sum of £503 odd,
part of the testator's estate, and also £BOO, which
he had received on a mortgage paid off in August
last.
On the two latter cases, as the court had an-
nounced its intention to send the defendant for
trial, Mr. Humphreys declined to ask the witnesses
any questions.
The Lord Mayor eventually committed the pri-
soner for trial.

rally with them in the evening, when Miss-Cole
used to read. He asked her to read often, and they
sat side by side. Sometimes they sat hand in hand.
Miss Cole went out for a ride on Mr. Welch's pony
occasionally. Sometimes he went with her. Had
seen Miss Cole in his room of an evening to look
over his accounts. Recollected, in April, 1858, his
asking Miss Cole to go into his room and he would
give her money. Did not hear what for. She re-
fused, but he said, " Come, come now. Now that
it has come to what it is, what is mine is yours."
He often spoke of her dresses, and wished her not
to have many, as they would get old-fashioned.
During the summer of 1858 he continued his atten-
tions, and they appeared very much attached to each
other. Observed a change in him about August.
Before that, whatever letters he received he
used to show Miss Cole. In August he ap-
peared occasionally not so attentive. About
September, 1858, witness had a conversation with
him, and asked him if he bad engaged to marry
Miss Cole, and he said he had. I said, " Did
you intend to marry her ?" and he said, " I did.
I did not know but what I was free when I first
made the engagement with Miss Cole." He said
he did not know the other cared anything about
him. Ho did not say who the " other" was. He
said he did not know but what she had forgotten
him, for she had walked with another to his know-
ledge, and had had two offers since she had been in
Cardiff. Witness said, " How wrong it was of you
to come and make the promise to Miss Cole if you
had another." She asked him if he had not pro-
mised to marry her in May or later in the summer,
to take the same rooms that Mr. and Mrs. Phinn
had occupied, and be with them altogether ? He
said, " I can't help what I ha're promised now."
Recollected in the middle of January, 1859, the
defendant's sister coming to the house. The de-
fendant came in after she had been there some
time. A conversation had passed before he came
in. On a second visit his sister said to him, " I
knew it was of no use coming to ask Miss Cole to
give you up. I knew she wouldn't." At the end
of January Mr. Welch asked to see witness alone,
with a view to his going away from her house. He
said, "I don't intend to sleep in your house another
night or go to church till it is settled between
Miss Cole and me." He added that he thought it
his duty to remain single and not to marry at all.
Witness said, " You had better go in and tell Miss
Cole yourself," but he said he could not go in, as
he thought it would hurt her feelings. Witness
was to tell her. On the first of March following
he quitted the apartments and ceased to visit plain-
tiff or to pay her any attention. She became in
consequence very distressed in mind, did not go
out as usual, and kept her room for days together,
Miss Cole is now 24 years old. Recollected de-
fendant's uncle, Mr. John Welch. He died in
January, 1859. Defendant spoke of the property
left him by his uncle. He said he had property at
Malmesbury. He occupied land before and after
his uncle's decease.
Cross-examined by Sir Frederick Slade—Knew
Miss Cole's handwriting, and believed the letters
to be hers. Had heard that Mr. Welch had mar-
ried Miss Gray. Don't know that that was the
lady there was a difficulty about. Heard from
Miss Cole in the early part of 1858 that defendant
had an attachment for Miss Gray.
The learned judge having summed up,
The jury returned a verdict for the plaintiff—
Damages, £l,OOO.

o'clock
THE WALWORTH MURDERER.—About
te
on Thursday night this convict was removed fro2llcae,w,ga
o ran
to Horsemonger-lane. The mob, upon Bingen
ed hissine.
to it to get a glimpse of the culprit, and obe, hooting all the
and hooting him, and followed
while, till it got to Blackfriars-bridgs,
the cab,
it drove very
The prisoner? we under-
stand,fast and got rid of the crowd.e
.1°1111:ley, but
limed sentence of death on
did not speak duringth
directly after the judge. had
_..p_gate, he asked
him, and ho was taken Into I'4 e w. the officers
longer-lane
for his usual supper. Upon
Keane,
hnegleatofh hi ioresen
charge to Mr. the governor of that
he was given in rds conveyed to
was afterwards the cell usually
arm:
prison, and
allotted to prisoners under sentence of death, where he will
be guarded till
by the warders the day of execution, which,
it is supposed, will be next Monday fortnight, as by law
the sentence cannot be carried into effect till 14 clear days
have expired after conviction.
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The whole neighbour-
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hood was perfectly astonished, for -
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Ad the reach of human aid,

FATAL ACCIDENT AT WOOLWICH ARSENAL.-
Yesterday morning a fatal accident occurred to John Smith,
a labourer, employed at the storekeeper's department of
Woolwich Arsenal. It appears that the unfortunate man
fell from a crane, the descent being about 30 feet, and re-
ceived such injuries that he shortly afterwards expired,
although every assistance was rendered by Dr. Briscoe at
the surgery of the establishment.

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dis-
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