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

TILE VOLUNTEER MOVEMENT.

This day (Saturday) the London Rifle Brigade,
numbering about 1,000 men, will march to South-
gate-park, for parade, in review order, on the invi-
tation of Mr. Sugden, of Oak-lodge, an honorary
member of the corps, who has placed his fine grounds,
about 200 acres in extent, at their disposal for a
field-day, and generously offered to afford hospi-
tality to the whole of his comrades. Several of the
metropolitan corps have been invited, and are ex-
pected to join the Brigade on the occasion, and the
demonstration promises to be an interesting one,
if the weather be auspicious. _ .

The Civil Service Rifle Brigade will proceed this •
afternoon to Fox Warren, near Cobham, Surrey,
for skirmishing practice and field manoeuvres.
The various Essex corps continue to make steady
progress. The Rochford Company was reviewed on
Tuesday by Major-General Wood, commandant of
the camp at Colchester, and Lieut.-Colonel Ibbet-
son, Assistant-Inspector of Volunteers. Mr. Cham-
pion Russell, of Upminster, has been elected
captain of the Royal Havering Corps, in the room
of Captain Hamilton, whose resignation is shortly
to be presented to the Secretary-at-War. The
Colchester Corps will compete for a silver cup
offered by Mr. J. Gurdon Rebow, of Wivenhoe-
park, on Thursday, Sept. 6. It is expected that
one or two other prizes will also be subscribed for
on the occasion. An excellent range for the Tend-
ring Hundred Corps has been selected at Weeley,
and has received official approval. Mr. H. Sewell
has been chosen captain of the Plaistow Corps,
Mr. F. Robinson lieutenant, and Mr. J. Bell ensign.
The Dunmow Corps will have a fete on Wednesday
in the grounds of their commandant, Lieutenant J.
Maryon Wilson, Fitz John's, Great Canfield. The
organisation of the On gar Corps is proceeding ; the
total amount received in donations is 4001., and 601.
has been promised annually. The number of effi-
cient members obtained is 40, and it is expected
that this total will be increased to 60.
The Ist Kent Artillery Volunteers (Gravesend)
assembled on Wednesday at the Terrace Pier, at 2
o'clock, for the purpose Of marching to the Cricket-
ground, where they were inspected by Viscount
Sydney, lord-lieutenant of the county of Kent.
His lordship arrived on the ground at about half-
past three, accompanied by the Earl of Darnley,
wl,2n the volunteers performed the usual field
movements of marching past in slow and quick
time, &c., and fired five rounds of blank cartridge.
They then, headed by their band, proceeded to the
New Tavern Fort, where the men were exercised
in the heavy gun drill. Viscount Sydney said that
) he was highly gratified at the appearance of the
• corps, and more particularly with their field move-
ments.

SUMMER ASSIZES.

WESTERN CIRCUIT.—BRISTOL, Aug. 17.
Bel ore Mr. Justice Keating and a Special Jury.)

COLE V. WELCH.
Mc. M. Smith, Q.C., and Mr. Thring were for
the pilaintiff; Sir F. Slade, Q.C., and Mr. Stock for
the dlefence.

TI iis 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-
;ed to marry the plaintiff, and that a reasonable
tin le having elapsed he had neglected and refdsed
to do so. A second count alleged that ho had pro-
rids ed to marry her on a certain day, which day
'laid elapsed, and that he had neglected to do so.
The defendant pleaded-Ist, that he did not pro-
m ise as alleged ; 2d, that a reasonable time had not
elapsed; 3d, that the day agreed 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 sha 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 much 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 an uncle come into a fortune of
some £30,000. The learned counsel hero 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
ou 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-
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 had 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. He 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 have 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 Tour 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.

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 ho shortly afterwards expired,
although every assistance was rendered by Dr. Briscoe at
the surgery of the establishment.

[ADvEitTisEINIENT.] Pills and medicine invariably ag-
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appointment, and expense may be avoided by persons
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will receive gratis and free by post the " INvAtJus' Ova(
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to health."

_r_DiICE INTELLIGENCE—Aug. 1
--STA/N7§MN.I FUSE.—Mr. Daniel de la Cherois
Gourley, a physician, living at Wilton House,
Regent's-park, was brought up on a remand charged -
with appropriating to his own use and purposes
various sums of money, amounting in the whole to
£2,712 odd, which he held as trustee under the will
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 osi-
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 Throgmorton-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 Mrs. 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 as 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 be
was apprehended in Edinburgh was found a deposit
note for £1,200 of the National Assurance and In-
vestment Association, Pa'd-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, Charing- cross,
said he had known the defendant for some time,
and had received accommodations in money from
him, between August, 113.59, 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 from 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.
Crossexamined by Mr Humphreys—He(witness)
borrowed the money, be interest. He had
always found the defenda-i, 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-
t 'lori,‘lied 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 10s. 4d. (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 iu his name at the Bank of
England. I accompanied Dr. Gourley to Messrs.
Simpson and Cooke, stock orokers, 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 ro lend any of it to Mr. Prideaux,. or
anybody else . .

Mrs. -ltigg (emphatically)—No.
Cross-examined by Mr. Humphreys—He b as not
to my knowledge appropriated that money to his
own use. I have known Dr. Gourley Tor some
years. He was the medical adviser of my husband,
and I have always placed the most implicit confi-
dence in him as a man of honour and integrity.
Mr. Humphreys—Do you still believe him to
be so ?

,

Witness—l have no proof to the contrary, unless
his pass-book, which I have recently seen, furnishes
it. My husband (she continued) died in September,
1858, and there were three trustees nominated 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, r, fused to act. Two
of them renounced the trusteeship, and it was at
my entreaty that Dr. Gourley after declining 'At
last consented to act. There are many legatees
under the will, some whose legacies were payable
immediately after my husband's death, and others
whose legacies are contingent upon my decease. 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 secure 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 Dr. Gourley to the bank, and signed my name
along with him to the documents. Ti 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 institnted 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 he 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 un!tess it be
the production of Dr. Gourley's nass-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 shalom 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 pro posing to
invest the money in the National I n.vestment
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 Dr. 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 s mortgage paid off in August
-est.

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 questionrs.
The Lord. Mayor eventually committed the pri-
soner for trial. •

THE WAL-WORTH MURDERER. —About
on Thursday night this convict was removed gum in
the cab, ran
Orfoe'cwlgOCatke
to Ilorsemonger-lane. The mob, upon seeing
linced hissing
a co
to it to get a glimpse of the culprit,
cab, hooting all the
and hooting him, and followed
.thaen
while, till it got to Blackfriars-brLdl
fast and got rid of the crowd. The we under-
pwleonneirt drove very
urney, but
under-
stand, did not speak during
.the
hadN-P:raedhtel,esehonfetehianskseeeidesllfthdeeaotffihceoran
directly after the judge.
'vging at nor& ,monger-lane
him, and he was takenuinpoton a.;_.
for his usual supper.
he was given in charge to Mr. Keane, the governor of that
prison, and was afterwards conveyed to the, cell usually
allotted to prisoners under sentence of death, where he will
be guarded by the warders till the day of execration, which,
it is supposed, will bo next Monday fortnight, as by law
the sentence cannot be carried into effect till /.4 clear days
have expired after conviction.
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1 't
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rem
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Pills ; and in the course of nine vreeka
The whole 1 teighbour-
effected a sound and perfect cure
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case as hopaess, as utterly beyond the reach of Wum= aid.