The Sun.
London, England, 1860-08-11 00:00:00

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' ' •••-'-',. ;.,. , . Al ANSION-HOUSE.—Hettry S a,i'iiii; la_ ''V
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a confidential clerk in the service 000
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410-- ---- - - risen, warehouseman, in Milk-st ',t-t,liinwid:to,,,,ii'
underwent a final examination up `7*riFott,..E,. s
embezzling money belonging to his em '716-14- ~;" ...,
--.....—_ amount which has never yet been exacts xedilk S
the complainant, but which has always appeared-
on the charge-sheet at the nominal figure of £3O,
though a much larger sum has been alleged by him.
The case had been repeatedly remanded at the
instance of the defendant, who always contended,
through Mr. Lewis who appeared for him, that if
he had an opportunity afforded him to examine the
complainant's books he should be able to establish.
his innocence by making it clear that he had paid
away in complainant's business at various times the,
whole of the money which he was charged with.
embezzling. He alleged, too, that with the view to.
deceive a person inthe country, for whom the com-
plainant acted as agent, the complainant had syste-
matically omitted receipts and payments from his
accounts, to which he (the defendant), who acted.
as his cashier for some time, and kept his books,,
was privy against his mind. The complainant, on
the other hand, always denied and ridiculed that
allegation, but evaded the questions put to him to
such an extent as to draw down upon himself a sharp
rebuke from Sir R. Carden, wholirst heard the case.
Eventually, however, at the suggestion of the
Lord Mayor, on whom the final adjudication of the
case devolved, the complainant granted the requi-
site permission unconditionally ; and he and the
defendant, each assisted by an accountant of their
own choice, went over the disputed accounts. The
result of this examination was that yesterday Mr.
Lewis, on the part of the defendant, put in a state-
ment of accounts, showing, on the one hand, that
the total amount received by the defendant for his
master, and not entered in the books, was £l7O 16s.
4d., and that he had paid away for his master, and
not entered in the books, £l7l 13s. 7d. ; so that,
upon that state of facts, and it was scarcely, if at all,
questioned by the complainant's accountant, there
was a slight balance in favour of defendant. There
was then a dispute about £l3 155., which the com-
plainant charged the defendant with misappropriat-
ing, but that was eventually abandoned by the
complainant ; so that, in the end, the case fell to the
ground ; and the Lord Mayor, amid some manifesta-
tion of applause, discharge d the defendant.

PRICE 4D. STAMPED, 51).

SUMMER .ASSIZES.

HOME CIRCUIT.—GUILDFORD, Aug. 10.
(Before Lord Chief Justice Cockburn and Special
Juries.)
FRAY F. YOULES.

This action, which was partly heard on Monday
and Tuesday, was resumed yesterday.
Mr. Kennedy and Mr. Robinson appeared for
the plaintiff, and Sergeant Parry, Mr. Joyce, and
Mr. Jones Levi for the defendant.
The action it will be remembered was brought
by the plaintiff, who was formerly a lady's maid in
the service of Lord and Lady Zetland, to recover
damages from the defendant, who is an attorney,
for having compromised an action she had brought
against the Earl and Countess for detaining clothes
and money, and jewellery belonging to her, with-
out her sanction.

Sergeant Parry yesterday proceeded to address
the jury for the defendant, who, he said, instead of
having neglected the interest of the plaintiff, or
damaged her in any manner, had in reality been
prosecuted by her without the slightest grounds,
and he could only account for her conduct by
the supposition that her mind was distem-
pered. He then referred to the nature of the
action, and said it appeared to him that the
plaintiff by her own evidence had put herself
out of court, for she would not venture to
deny that she had sanctioned the arrange-
ment that was come to, and he believed that if
his learned friend had acted according to the
dictates of his own good sense and discretion
he would long ago have retired from the case.
With regard to this transaction Mr. Voules had
actually paid £2OO in costs out of his pocket in the
actions against Mrs. Potter and Lord Zetland, and
he refused to have anything to do with a compro-
mise until Sergeant Wilkins, who was Miss Fray's
counsel, expressed his opinion that it would be
madness to proceed with the action, that she was
sure to be nonsuited, and that the only course for
her to take was to accept any offer that might be
made to her. Even then it was all done upon Ser-
geant Wilkins's responsibility, and he explained
her position to her, and the plaintiff consented to
the offer, and an endorsement to that effect was
made upon his brief, and also upon that of Mr.
Do3le, who was also one of her counsel. He said
it appeared to him that the plaintiff was a most
dangerous woman, that she was bringing actions
against every one with whom she came in contact,
and that he himself, or even the jury, might think
themselves lucky if they escaped from being dragged
into litigation by her.
Mr. Johnstone, a gentleman who acted as manag-
ing clerk to the defendant in 1855, was then exa-
mined, and he stated that he received the instruc-
tions from Miss Fray, in reference to the actions
against Mrs. Potter and Lord and Lady Zetland,
but at that time she did not mention a word about
spirit-rapping or gambling in the establishment,
but she represented that Mrs. Potter, the house-
keeper, was jealous of her in respect to Gunn, the
groom of the chambers. When the case came on
for trial Mr. Voules had expended £2OO out of his
own pocket, of which sum the fees to counsel
amounted to £lOB. When he was in consultation
with Sergeant Wilkins with reference to the case,
he said that no jury would believe her story about
having 50 sovereigns in a box. The result of the
action against Mrs. Potter was, that the jury gave
her £lOO damages upon the count for defamation
of character, and the verdict was for the defendant
upon the counts relating to the money and clothes.
Sergeant Wilkins advised the record in the
action against Lord Zetland to be withdrawn, on
the ground that Miss Fray had been contra-
dicted by six witnesses, and that it was use-
less to go on with it. A rule nisi for a new trial
in Potter's action was obtained on the following
morning, and while this matter was standing over,
the other action against Lord Zetland came on for
trial at her earnest solicitation, but all Miss Fray's
counsel agreed that there was very little chance of
success either upon the law or the facts, and they
strongly advised her to accept any offer of com-
promise that might be made. It was under these
circumstances that an offer was made by Lord
Zetland's solicitor to pay £3OO to settle all the
actions, and Sergeant Wilkins said it would be
madness to refuse it. The plaintiff would not at
first listen to the proposition, but Sergeant Wil-
kins had a long conference with her, and convinced
her that she had no other course to pursue, and she
then consented to the arrangement. (Mr. John-
stone here produced the briefs of the learned coun-
sel, upon which an endorsement to the effect stated
had been made by them. He also produced an
affidavit of the plaintiff, in which she, herself, ad-
mitted that she consented to the arrangement.)
The witness went on to state that he believed his
lordship, who was counsel for the Earl of Zetland,
was himself present when the arrangement was
come to between the counsel on both sides.

GUILDHALL—Patrick Sullivan and John
Foley, a couple of stalwart Irishmen, were charged.
before Alderman Conder with the following brutal
and savage assault upon a young woman of the name
of Sullivan :

Julia Sullivan, who appeared with an extensive
wound upon the right side of her forehead, about
half-an-inch in width and three inches in length,
said she was standing at her own door, in Union-
court, Holborn, about seven o'clock on Saturday
evening, when the prisoners came up the court, and
called out for the best Kerry men to come out and
fight them. After a while they went away, but
returned in a short time„one being armed with a
shovel and the other with a pair of tongs. Mrs.
Shannon, a neighbour, was standing also at her own
door, when Sullivan threw the tongs at her. Com-
plainant, with others, endeavoured to get the tongs
from them, and, failing in doing so, she then went
in search of a policeman, and when she came back she
found Mrs. Shannon in danger of being assaulted and
tried to pull her away from them, upon which Sulli-
van struckher (complainant) upon the forehead with
the shovel. The blow stunned her for the moment,
she reeled, and was near falling, when Foley struck
her on the arm, then upon the shoulder, and finally
upon the back of the head with the tongs. She was
just able to walk down the curt to go for a police-
man, and on the way she met a man named Sulli-
van, who, seeing the blood flowing; from her head,
advised her to go to a hospital. She accordingly went
to the hospital, which she was not able to leave till
this morning.
M's. Shannon was examined in corroboration of
the complainant's story, after which
Mrs. Sullivan was called on behalf of the pri-
soners, and said she had. IT.O drinking with them
on Saturday night, and took them to her own house
in Union-court, to get them a cup of tea. Directly
Mrs. Shannon saw them she sent for all her friends
to come and murder them ; and young Jack Shan-
non, her son, threatened to do for them. Mary
Shannon had the tongs and struck Foley with them
on the head, and he put his 'lards behind him and
said he would never strike a woman. Mrs. Shan-
non's friends then made their appearance armed
with full ginger-beer bottles, which flew about like
cannon balls. The tongs belonged to her, but she
could not say how Mary Shannon got them.
Julia Sullivan, another of the clan, but no rela-

tion to either side, said she heard one of the pri-
soners call out for the best Kerry man, and Mrs.
Shannon replied that she was a woman who was
able to stand up in her clothes any day against the
best of them. She then struck Sullivan with the
tongs, and although he had got the,ishovel he did
not strike her.

John Sullivan was then called, and although it
was stated by all parties that he could speak Eng-
lish as well as anyone, he persisted in answering
every interrogatory in his native Irish, which was,
of course, perfectly unititelligible to the Court,
and he was therefore ordered to leave the witness-
box,
Alderman Conder said this was a Most scanda-
lous outrage, and the conduct of the prisoners in
getting drunk and fighting unoffending women was
most disgraceful. They seemed to have no power
over their own actions except to do mischief. As
Sullivan appeared to have acted much worse than
Foley, he should make a difference in the sentence,
and he therefore committed Sullivan for six
months, and Foley for three months, with hard
labour.

The Lord Chief Justice said he did not remember
whether he was present, but he knew that he was
very angry that such a compromise was made.
Mr. Johnstone went on to state that upon the
trial that took place in that coart upon the action
for the £5O promissory note, the plaintiff, in her
examination, admitted that she was aware of the
arrangement, and that she had consented to it.
After the transaction had been completed Miss Fray
was constantly talking about it, and appeared
pleased to think that she had put Lord and Lady
Zetland to very great expense, and said that no
doubt his lordship had a very large fee. (A laugh.)
The Lord Chief Justice, to whom his original
brief in the cause had been handed to explain some
portion of the proceedings, said that did not ap-
pear to be so. The fee was a very moderate one.
(A laugh.)
In answer to questions put by the learned judge,
Mr. Johnstone stated at the trial at Guildhall,
Miss Fray, in her evidence, did not say a word
about spirit rapping or gambling, or that an im-
proper intimacy existed between Dr. Malcolm and
Lady Zetland.
By Serjeant Parry—Dr. Malcolm, when he was
examined at the trial, said that the plaintiff was
labouring under a diseased'mind. The statements
were positive:yr contradicted by that gentleman,
and every other person whom she had referred to.
Mr. Voules, the defendant, wa's then examined,
and he confirmed the evidence of Mr. Johnstone.
The jury here interposed, and inquired of his
lordship whether it was necessary to hear any more
of the case.

AVESTMINSTER.—ExTRAOE,DINAnY AFFAIR.

—Thomas Constable, a grey-haired, mild-looking
man, attired in a blue frock, was charged with
creating a great deal of terror under the following
circumstances :

Caroline Exhall, a smart, dapper little girl of 18,
who described herself as the daughter of a shoe.
maker in the neighbourhood of the Old Kent-road,
said she had left her home a month ago, and had
lived with the defendant under promise of marriage;
and two or three days ago her sister, aged 16, came,
with her father's consent, to live with her at a
coffee shop defendant had taken, at 1, Oakley-
terrace, Chelsea. On Thursday afternoon com-
plainant heard her sister scream, and going to the
spot found defendant conducting himsc if ia a very
indecent way to her sister. Defendant then seized
an enormous bowie knife, sharpened the edge of it,
and then approaching made a stab at her, and the
point of the knife cut her dress, although she re-
ceded a little. He then fastened a belt round him
with two bowie knives and a revolver in it, and
paraded himself in front of the house. Then he
took off the things and lay down on the bed, and
finding be had no weapons with him she awoke him,
and asked him for money to enable her to return
home. He had frequently before threatened to cut
her to pieces, and she and everybody in the house
feared that when night came and all were asleep
something dreadful would happen.
Further evidence was given showing that so much
consternation was caused by defendant's extraor-
dinary conduct that some of the neighbours went
to the police station and entreated the police to
come and take him into custody.
The knives and revolver were produced by the
police, and it was clearly shown by the sister that
defendant had put his hand upon her in a very in-
decent manner.

The Chief Justice said he did not like to interpose
or to stop such an inquiry.
Mr. Kennedy then rose, and said he was very
glad the jury had interposed, as he was placed in a
very peculiar position. He now, however, felt him-
self justified in saying that when he came into
court he had not the remotest idea of the defence
that could be established, and that if he had been
aware of the strength of the evidence for the de-
fendant, he would never have undertaken the case.
He was, of course, only anxious to do his duty, and
it appeared to him that, upon the facts now before
the Court, he ought not to proceed any further.
The Lord Chief Justice said he could only express

his opinion that the learned counsel had conducted
the case with the most exemplary propriety. It
appeared to him after the evidence that had been
given that it would only be a waste of time, and
he would be stultifying himself if he proceeded any
further.

Defendant declared that he had always treated
the complainant very kindly, and denied that he
had been guilty of auy impropriety to her sister.
He had brought the knives and pistols from Aus-
tralia, and neither attempted to stab, nor had any
notion of hurting complainant; he merely got the
things out for a joke.
Complainant said it would have been no joke if
he had cut her head off, which she really believed
he would have done in the night.•
Mr. Arnold thought his conduct very unbecom-
ing and extraordinary, and calculated to create
great alarm. Supposing he had not meant to do
any harm, it was most dangerous for 9person to be
brandishing about such weapons, which no Eng-
lishman needed here, and it was natural that the
complainant and others in the house should feel great
alarm. As no specific charge had been made against
defendant for the indecent assault upon the sister,
he (Mr. Arnold) would not punish him for that,
but should require him to find bail.
He was committed in default.

Sergeant Parry said he thought it only due to
his learned friend, Mr. Hawkins, who'se name had
been mentioned by the plaintiff in her examination,
to say that he was prepared to contradict all she
had said. He had never spoken to Lord Zetland
in his life, and had not only never shot with him
in September or October, but certainly had never
done so at the Easter vacation. (A laugh.)
Mr. Bovill, who, it appeared, had watched the
proceedings on behalf of Lord and Lady Zetland,
said that the plaintiff had made many slan-
derous statements in reference to the esta-
blishment of his lordship, and he was most
anxious to state that they were utterly false, and
that if there had been any opportunity of doing so,
they would have been positively contradicted.
The Lord Chief Justice said he thought that any
contradiction of such statements as those made by
the plaintiff was quite superfluous.
The jury said they were of the same opinion.
A verdict was then returned for the defendant.
-

HOPLEY, THE CONVICT SCHOO.L,MASTEIt.—Hop-
emoved on Thursday morn from from the county
leT was r
prison
-at Lewes, where he has been confined since his con-
vectionto the convict prison as Millbank, Westminster.
popular excitement the prison authorities con-
veyed prisoner to Cook's Bridg,e Station, about three
miles from the town, to meet the up train to London.
o a otihd a
M. Hopley, who has exhibited the most devoted affection
for her unhappy partner, left hfr--ts by the same train, and
thus had the opportunity of accf):.iarying
.s,lricirlE him through the
journey.
DISTRESSING
. Yesterday morning a
respectable tradesman, cati yin; on busine;,s hi Clare-mar-
ket. committed suicide, it s ems that a person named
Holborow, Holborow, a bacon merchant and butter-man, badfor
great number of years kept a warehouse in Clare- market.
He was single, and about 60 years of age, and entrustedlttthe management of his house to his housekeeper.
con-
sequence of hi, not making his appearance
the house •
hour, and a considerable time busing elapsed,
heunfortunate gen-
keeper proceeded to his bed-room, a the athisrs ua l early
Various tleman was found hanging, and quite
act;
one is that he
ru-
mours are afloat as to the cause of the
1
became bondsman for .f.;500,
upon to pay that amount. and that he had been called

Miss Fray subsequently applied to the Lord Chief
Justice to stay execution, but his lordship refused
to interfere.

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