The Sun.
London, England, 1860-02-17 00:00:00

TIIE ELPHINSTONE MEMORIAL.

Yesterday afternoon a meeting most influentially
attended was held at Willis's Rooms, King-street,
St. James's, to take into consideration the most
appropriate mode of testifying respect for the me-
mory of the late distinguished Indian statesman,
the Hon. Mountstuart Elphinstone. Sir Charles
Wood, Bart., M.P., was called to the chair.

The CHAIRMAN, in opening the proceedings,
passed a high eulogium upon the late Mr. Mount-
stuart Elphinstone, and expressed his concurrence
with the object in view.
The Duke of ARGYLL proposed the first resolu-
tion, to the effect that, in the opinion of the meet-
ing, the eminent public services of the late Hon.
Mountstuart Elphinstone throughout a long and
varied career of distinction and usefulness affbrd a
brilliant example of the highest qualities of a British
statesman, and deserve the lasting gratitude of his
country.

The- motion was seconded by Lord ELLEN.
LOROUGH, and carried nent. con.

Lord STANLEY next addressed the meeting, and
in the course of his remarks said, that the most
characteristic feature of the life of the decease d
was the uniform and unvaried success, unbroken
by a single failure, which he had achieved, and
which had distinguished his brilliant career, and
oftentimes in positions of no common difficulty.
His lordship concluded by expressing a hope that
a statue of Mr. Elphinstone might one day be placed
in the august temple consecrated alike to divine
worship and to human genius, in which, for gene-
ration. past, the remains of our noblest country-
men had been laid. (Loud applause.) His lord-
ship then moved :—" That in order to give expres-
sion to this feeling, it is fitting that the public esti-
mation of the services of the deceased statesman
should be shown by some permanent memorial."
Sir JOHN LAWRENCE seconded the motion.

Mr. GRANT DUFF, M.P., threw out a suggestion
that in lieu of a statue they should found three
scholarships—one to be given to Oxford Univer-
sity, one to Cambridge, and the third collectively
for the Scotch Universities.

The resolution having been carried unanimously,
Earl STANIIOPE moved the appointment of a
committee for the purpose of collecting subscrip-
tions, and determining the most appropriate mode
of carrying out the objects of the meeting.
Colonel SYKES, M.P., seconded the resolution,
which, after a few words from the Right Hon.
HoLT MACKENZIE, was carried unanimously.
A vote of thanks to the chairman, on the motion
of Lord STANLEY, closed the proceedings.

COLLIERY EXPLOSIOY AND LOSS OF
_ELEVEN LIVES.

A very serious colliery explosion occur red on
Wednesday, at Higham, near Barnsley, in one of
the pits, the property of Messrs. Charlesworth.
Eleven men and boys perished by the fire-damp,
and three others terribly injured. It appears that
between one and two o'clock, the bottom steward,
Mr. Ainsworth, whilst in the pit, had his attention
attracted by some slight noise, immediately after
which some men came from the bottom, and in-
formed him that an explosion had taken place on
the north side. He then went to the top, and having
got assistance, without delay descended. He dis-
covered in that part of the pit, where 14 men and
boys were at work, that only three were alive.
These were with all possible speed brought to the
top and conveyed to their homes. The bodies of
the 11 poor fellows were then brought up, and
presented a most painful appearance, they evi-
dently having suffered not only from the fire-
damp, but also from the after damp, being
much bruised and burnt. The bodies were at once
removed to their respective homes. Several of the
wives of the men were present when the bodies
were got out, and it need scarcely be said that a
scene of a most distressing and painful character
occurred, as each blackened and bruised, yet recog-
nisable, husband or son was claimed. The pit,
which is situated in a rather wild of part of the
district, has been hitherto very free from accidents ;
the owners, the well-known and wealthy firm of the
in
to
their Charlesworth's, having introduced
their numerous collieries all the aids for the preven-
tion of accidents which modern science has de-
veloped. The colliery is a very extensive one, 210
yards deep, in which three seams of coal are
worked ; the deepest, the well-known Silkstone
bed, being 210 yards deep. It was whilst working
at this seam that the accident occurred. Happily,
the explosion was confined to 000 of the workings ;
otherwise a more serious calamity might have taken
place, as there was at least 120 men and boys in the
pit at the time. It is rather singular that, con-
trary to explosions from fire damp, no report was
heard, the men at the top not being aware of the
matter until the bottom steward communicated the
fact to the manager, Mr. Deplcdge. The cause of
the accident does not as yet appear to be known.

NEW WESTMINSTER BRlDGE.—Yesterday the
works of tho permanent approach on the Middlesex sido
were in a very advanced state, the houses in Bridge-street
having been razed to the ground, and notices of removal
served on the occupiers of the
i remaining promises re-
quired for the approach, which s macadamised from the
foot of the bridge. On the Lambeth side the approach is
fully completed, and the superstructure of the bridge as far
as :itangate newly finished. The line of street from the
Westminster-road to the Bishop's-walk will be widened
and improved as soon as the bridge is opened.

LAW INTELLIGENCE.—(77tis Day.)

COURT OF QUEEN'S BENCH.
(Before Justice Wighttnan and a Jury.)
BARRY V. SHIPLEY-LIBEL.

This was an action for libel, brought by the plaintiff th,
originator of the Metropolitan and County Club, Victoria.
street, 'Westminster, against the defendant the registerec
proprietor of The Sporting Life newspaper.
Mr. Edwin James, Q.C., and Mr. Wolsby was counsel
for the plaintiff, and Mr. Sergeant Parry and Mr. H.
James were counsel for the defendant.
The learned counsel for the plaintiff having stated the
case,

The clerk of the court road the libel, which charged the
plaintiff with fraud and arson.
The plaintiff was then called and cross-examined by Mr.
Welsby—Ho said my name is "William Barry. lam plain-
tiff in this action. I reside at 4, Victoria-street, Westmin-
ster. My private residence is at Norwood. I carry on the
business of a commercial agent. I originated a club for the
suppression of frauds practised by men advertising for the
purpose of receiving money to invest, which they never did
I mean persons advertising to invest money on horse-racing,
which, if the horse won, they would send them a large sum.
The scheme of mine for suppressing such a system was ad-
vertised in Bell'. Life in London. There is a secre-
tary to that club. His name is Captain Cock-
burn, late of the 60th Rifles. I was partner and
manager in Brown's Patent Parchment Company.
That business was carried on at Romsey in Hampshire. In
March, MO, I was residing at Romsey. I had loft that
business at that time. I recollect Sunday the 27th of
March. A fire occurred about three o'clock. I was in the
neighbourhood with two men exercising some dogs. We
were about a quarter of a mile from my house when I was
remarking upon the beauty of the landscape, when one of
the men pointed out some smoke rising from my house
between the slates andthe chimney. I said the chinaneymust
be on fire and ran to the house. It was impossible to enter
owing to the dense smoke. I put a saddle on my hunter
and sent for the engines. I threw water through the
kitchen window in the direction in which the fire was
raging in that place. I was particularly anxious to get
into the kitchen to rescue a favourite parrot of my wife's.
Every person did all that was possible. I was much burnt
in saving my papers. We got into two rooms in the front
of the house, and saved some of the furniture therein ;
all in the other part of the house was destroyed, but a
table, sideboard, and some plate. An inventory of the
property destroyed was sent to the Royal Exchange
Office. The goods were insured for £4OO. I was paid
£365. The reason I received less than £4OO was
because the office questioned whether I had insured the
china and glass. I was never accused of setting my house
on fire. I never hoard of such charge until I saw it in the
paper complained of. The ether allegations in the article
are entirely unfounded. Before Captain Cockburn was ap-
pointed secretary to the club, a Mr. Chatterley applied for
the office. My great grandfather spelled his name with a
"y," but there was a question whether it was the correct
way to spell the family name. Whilst I was a minor I
spelled my name Barr. When I went to the -West Indies
I used a " y" in my name, but on my return to England I
resumed the name of Barr, in consequence of its being
requisite, I should de so, in consequence of certain
law prooeedings. A year or two after that I resumed
the name of Barry, and I have not changed it since.
Cross-examined by Sergeant Parry—l resided in the
house at Romsey about nine mouths. My wife and daugh-
ter were out when the fire occurred. They returned while
the fire was burning. At the time of the lire no one was
in the house. I answer distinctly—no, I did not send our
female servant to church that Sunday. She went out that
Sunday afternoon in accordance with her usual practice.
Hampton was the name of one of the persons who was with
me when I was exercising the dogs. He was present when
the fire was first seen. It was twenty minutes or half an
hour after we left the house that we saw the fire
I ran first and the others followed. I cautioned
the men when they attempted to go up stairs that there
was gunpowder in the house. I will swear I did not
tell twu or throe persons who were trying to get into the
house that there was gunpowder in the house, and that it
was dangerous to do so as there would be an explosion.
The insurance office can tell you what I lost by the fire. I
recollect a gun-case, containing a gun, belonging to a
friend, standing in the back kitchen waiting to be taken to
the station. I will swear I never sent a number of boxes
beforo the fire to the railway station. I swear I did not
send more than one box either on the Saturday or Sunday.
I have never been charged with firing the house.
I unfortunately knew a Mr. Whitmore. He never
charged me with setting fire to the house. I never heard
that I was charged with setting fire to the house or I should
have instituted legal proceedings. Tho society I originated
is called the Metropolitan and County Club, Victoria-street,
Westminster. It was a mere coincidence that there is
another club called " Fisher's," at 4, Victoria-street, City.
I never heard it called by any other name. I never know
it by any other name. Fisher's is a place where men go and
bet, but at my club subscribers aro supplied with the name,
description, and photograph—(laughtor) —of all defaulters on
the turf. I have no further connection with Bell's Life
in _London than by advertising. The society was established
in December. In consequence of the publication of the libel
I have not now a single subscriber. Before the publication
of the libel I will swear I had a hundred promises. The
secretary of the club would, in the event of a member wish-
ing to back a horse, go to Tattersalls' and do so for him,
but no money was required to be sent. At the 11th Dee ,
when the advertisement first appeared, there was no
member who had paid his subscription. An advertise-
ment was inserted in the Times on the 14th Dec., offering
to retired officers a situation of £2OO per annum having
£3OO or £4OO to invest. We got three or four applications.
The £3OO was to be invested merely to guard against any
fraud. The advertisement was repeated three or four times.
I have been in the habit of playing cards, but for the last
10 years I have not played much. I was never charged
with swindling at cards. I was convicted 14 years ago for
a conspiracy. You ought to know it, you were my
counsel. The gentleman who played lost nearly £l,OOO.
I received £BOO for the gentleman, whose name was Kearney,
for his losses at 100. I think I met Mr. Kearney at Cre-
morne Gardens. I played at ecarte with him at my house.
I lost £2OO. I recollect on the first occasion of meeting
Mr. Kearney, we went to a coffee shop and played at whist

for some time. Two persons came in while we were playing
and they joined us.. I knew them both. We were all in
the habit of frequenting this coffee shop. Mr. Kearney
held in his hand six of the best trump cards and an
ace, and yet lost the " odd trick." I was his part-
ner. Mr. Kearney had betted that he would win the "odd
trick." I think it was about £lOO. I have played at back-
gammon at Cheltenham. I was supposed to have won
£l6O, but I actually lost £5. I will swear that I never was
charged with playing with marked cards. I have
heard it said that it was so. I have boon at Liver -
pool. I was invited by some members of a drib
to play at backgammon. Two of these gentlemen after
came to me at my hotel and played cards and backgammon.
I was a loser. I can't recollect whether I left Liverpool
the next morning or not. My cards have engraved
upon them " Captain"' Barry. lam a captain in the
Mexican service. I was never charged with defrauding
gentlemen by letting out shooting ground which I had no
right to do.

Re-examined—l did not undergo the sentence of the
Criminal Court. A writ of error was moved for and
granted, and the prosecutor left the country. He has
never returned. I was convicted solely by the evidence of
a man named Lewis. I had met Lewis as a man about
town. Before the publication of the libel I had nearly 100
subscribers to the proposed club. There was gunpowder in
my house at Romsey. I can't say whether it exploded.
There were seven rooms of furniture in the house that was
destroyed. It was well and comfortably furnished. I was
only in prison eight or nine days before the writ of error
was granted.

By the Judge—Lewis was one of the men who played
with Mr. Kearney at the coffee-shop.

Arthur White, a labouring man, residing at Romsey,
said he was with Mr. Barry and Hampton when the fire
was diseovered. He gave corroborative evidence as to the
circumstances connected with the destruction of the house.
Cross-examined by Sergeant Parry—l heard in Rom-
sey that Mr. Barry had set fire to the house. I heard it
stated by several Fipple.

By the Judge—l can particularly tell you what I heard.
By Mr. Welsby—l never heard any one tell Mr. Barry
that he had done so.
By the Judge—l never t old Mr. Barry what I had
heard.
Mr. Sparsholt, superintendent of the police at Romsey
in his evidence, stated that everything was done to extin-
guish the fire. On an examination, a beam in the chimney
appeared to have been the cause of the fire. Nothing
appeared, or was any charge made, other than that the fire
was accidental.
Mr. Squire, superintendent of the borough police, and one
of the fire-brigade at Romsey, also gave evidence as to the
exertions Mr. Barry made to put out the fire. Ile was of
opinion that the beam in the chimney was the cause of the
fire. Ho also had heard it charged that Mr. Barry had
caused the fire, but on inquiry it turned out to be quite un-
founded.
The Romsey agent for the Royal Exchange Fire-office
proved the payment of the sum insured. He had heard the
report about Mr. Bariy, but common report was a common
liar, and ho rapier took any notice of it. He had never
stated the fire was a very suspicious one.
The case was expected to last the whole day.

COURT OF BANKRUPTCY.
(Before ➢ir. Commissioner Fane.)
rig RE lIEERJEMIOY RUSTONIJEE.
This bankrupt was described as of Singapore and London,
merchant, Bishopsgate, and to-day was appointed for he
last examination.
The balance-sheet not having been filed in time an ad-
journment was taken by consent.
The accounts, by Mr. H. C. Johnstone, commenced June,
1868, and extend to Jan. last, and shows debtor to cred .
tors, unsecured, £9,516 ; cash creditors, £9,334; to ditto
holding security, £1,377; liabilities, £139; surplus, June,
1858, £113915. Cr.—By debts, estimated to realise X 1,314;

bad debts, £3,943; debts in China, £8,587 ; property in the
hands of creditors, .£1,526; mercantile discount £373
property in the hands of agents, £15,111; trade expenses,
£1,244; losses (including bad debts), £4,454; house ex-
penses, £727.

POLICE INTELLIGEN OE—( THIS DAY.)
'd

MARLBORO UGH- STREET .
THE GERMAN FAIR—COUNTER APPLICATION.—Mr.
Green, of the Portland Bazaar, attended before Mr. Bingham ,
and said as Mr. Cremer had made an application to him he
wishes to make a contradiction, and hoped equal publicity
might be given to it

Mr. Bingham said tho application of Mr. Cremer had
not been made to him. That court was not the place for
giving publicity to statements or contradictions, they had
better be made to the newspapers. What was it he wished
to complain of—if it was anything that he had any power
to interfere with he would do so.

Mr. Groan said he had been much annoyed by men with
boards calling them impostors, walking up and down in
front of his place of business. The boards had on them
" Beware of Impostors—The German Fair is closed."

Mr. Bingham said if he believed that applied to him, and
he could give reasonable evidence of it he would order it at
once to be stopped.

Mr. Green said he did.

Mr. Bingham said then he would send an officer with a
caution and to inform Mr. Cramer that it could not b• per-
mitted, and that if he wanted to proceed against an impos-
ter that ho must proceed in the regular way. It must bo
stopped as it was a libel and likely to cause a breach of the
peace.

Tun CASE OF IVIZTZENSTEIN v. STOUWASIIIIIL.--Ax-
OTIII2II APPREURNSION.—Edward von Wetzenstein, de-
scribed as of no occupation, but who calls himself an
Austrian officer, and says he left his country in sonsequence
of killing his adversary in a duel, was brought before Mr.
Bingham, in custody of Sergeant Cole, 23 C, by whom Its
was taken into custody, at 14, ,Edward-street, Surre,y-
gardens, where ho was residing in the name of Edwards,
charged with being concerned, with others in custody, in
conspiring by divers unlawful and fraudulent means to
obtain from Mr. Joseph Stohwasser, of 39, Conduit-street,
tailor, the sum of £3OO.

Mr. Edward Lewis, of Great Marlborough-street, appeared
for the prosecutor, and said that as the other prisoners stool
remanded till Tuesday next by Mr. Beadon, perhaps it would
be advisable only to take sufficient evidence to justify a re-
mand, and have the prisoner brought up with the others on
Tuesday neat.

Mr. Joseph Stohwasser was then called, and said he -was
a tailor, of 39, Conduit-street, that he knew the prisoner,
and that ho charged him with conspiring with others now
in custody in endeavouring to obtain money of him. The
names of the other prisoners were Elizabeth ♦on Weteen-
stein, Magdalena Jordan, Hermann Frieck, and there were
others. He expected on Tuesday next to produce further
evidence.

Mr. Bingham (addressing the prisoner) said he would be
remanded till Tuesday next. He could say anything if he
liked, but perhaps he would reserve his defence.
The prisoner was then remanded.