The Sun.
London, England, 1858-11-09 00:00:00

REMARKABLE TRIAL IN MADRAS.

(From the Madras Atheneum of Sept. 29.)
Turning to the affairs of our own Presidency we
have first to notice the proceedings of the Scotch Free
Church Mission in a recent case of conversion.
From the peculiar circumstances connected with
the case, and from the fact that it has been before
the Supreme Court, much attention has been drawn
to the matter. The facts, as disclosed in the Supreme
Court on the 29th inst., were shortly as follows. A
respectable native of the Chetty caste had a son
who was being educated at Patchappah's School,
one of the bait native educational institutions in this
Presidency. The son appears to have attended school
for upwards of a year, when in some way or other
he was led to the Scottish Mission, and, there re-
quested to be instructed in the doctrines of Chris-
tianity. Thereupon one of the missionaries appointed
an instructor, and the youth appears to have gone
to the mission premises for a period of about three
months. In the beginning of this present month
the boy's father went on business to Pulicat, and
the boy took this opportunity of running away
from home to the mission premises. He was re-
ceived by the missionaries, and lived at the mis-
sion. This took place on the 13th instant. On
the father returning from Pulicat, a day or two
afterwards, he immediately made inquiries, and found
where his son was. He instantly went to the mis-
sion, and applied for the restoration of his child ;
he was told by one of the reverend gentlemen con-
nected with the establishment that his son was at
perfect liberty to go away if he chose to do so. On
the son being appealed to, he refused to accompany
his father. The latter then obtained a writ of
habeas corpus, and on Friday the case was argued.
Affidavits were read on both sides detailing tl.O
facts mentioned above. The question for the court
to consider was of course whether the youth was
of an age to act for himself. The father and other
members of the family swore that the boy was a
little over 13, giving the Tamil month and year in
which he was born. The son, in his affidavit,
swore that he believed himself to be 16, because
his mother (now dead) three years ago had con-
sulted his horoscope when he was ill, and told him
that he was 16, and because some members of his
family—who were not specified—had said at cer-
tain times that which induced hint to believe he was
16. The Advocate-General and Mr. Mayne ably
argued the case on behalf of the mission, and Mr.
Branson as ably conducted the part of the father.
The two former gentlemen contended that the
boy's statement as to his age ought to be credited,
and urged that even if he had not attained the
legal age of discretion he was old enough to act
for himself in a matter of this kind. They
likewise urged that it would be a hard case
to send him back to his parents, seeing that
the boy had become an outcast by eating food
prepared by pariahs and by cutting off a tuft
of hair, the sign of his caste. They contended
that no member of his family could, under these
circumstances, hold the slightest communication
with the boy, and urged that his dread of being
treated by his father "as a tiger would a sheep,"
should have weight with the court. The Chief
Justice, Sir C. Rawlinson, called upon the learned
gentlemen to show that an infant could make him-
self an outcast. They were unable to do so. After
lengthy speeches on both sides, the Court delivered
judgment nearly as follows :
Rawlinson, C. J.—ln this case a writ was ob-
tained ordering Mr. Braidwood and others to pro-
duce Narrainsawmy Chetty, who was detained in
their custody. The return was made in which it
was suggested that there was no desertion at all.
From the affidavits on both sides, and forming his
conclusions from them, he could not say that he was
not satisfied that restraint had not been used, and
he could not refrain from observing that it was "a
matter of much regret and deserving of strong re-
probation that, without giving notice to the parent,
persons in the position of the defendants should con
sent to break asunder the ties which bound father
and son together—ties of the dearest nature, and
which were recognised by every civilised nation since
the foundation of the world. It could do no good to
the religion to which they belonged, and which he
publicly professed—this taking advantage of an in-
clination of a runaway schoolboy, or of youths not
emancipated by their parents, or the law of
the country in which they resided, to throw
off the parental control. The question on which
the judgment of the court must turn is, was
the boy of an age to be considered eman-
cipated, or to throw off the control of his parents—
to act for himself at the time that he left his
father's house for the Mission Institution ? His
lordship was not competent to form an opinion from
the appearance of the boy. He did not doubt that
there were boys of 14 considerably bigger than the,
child before the court. Others no doubt of that,
age were considerably smaller. Putting aside,
therefore, the inference to be drawn from the ap-
pearance of the boy himself, he referred to the affi-
davits. In support of the age of the boy being 14,
years, he found that the father, uncle, and brother
of the boy fixed the month, and day of the month
and year in which he was born. On the other hand
Mr. Braidwood stated his opinion of the bay's age.
What did the boy undertake to swear ? He said
that three years ago when he was dangerously ill
his mother took his horoscope, and then made the
observation that he was 13 years old. How many
mothers could read horoscopes ? Why was it re-
ferred to ? He was supposed to be dying. In
contradiction of this, there were the three state-
ments fixing the month and the year of the boy's
birth. The next time he hears about his age is the
time when it was proposed to give him in mar-
riage. Ho was then told that he was one month
under 16 years. He does not say by whom he is told.
Weighing, therefore, both pieces of evidences, and
the means possessed by the friends of the boy for
fixing his age—they swore exactly to the day—the
age stated to be his by, his father appeared to be
the correct one. The Mission House might be a
proper place for young men to go to, but it was
not the proper place for boys to be received into
who it was told were under age, or who were in-
capable of forming a judgment for themselves. Of
this description was the boy before the court, and
he ought not to have been taken into the institution
without inquiry. The learned counsel had cited a
case decided by his lordship in 1853. From the
principles enunciated in that case he did not retire,
but a case had been since decided in England
which had authorised the exercising of larger
powers under writs of habeas corpus in cases h !re
the rights of parents and children were concerned.
Acting upon the authority of that case, he felt
no difficulty in coming to a conclusion on the pre-
sent one. Taking the case of Alicia Race as his

POLICE INTELLIGENCE..—(Nov. 8.)

MANSION-HOUSE.—CarI Areskog, a respect-
ably•attired young German, was charged with
assaulting Harriet Reynolds, under the following
circumstances :

The complainant said she was 16 years old, and
was servant to Mr. Hadlow, surgeon, of George-
street, Minories. On Wednesday evening, about 9
o'clock, she was on her way home when the defen-
dant, who was standing in George-street, put out
his legs before her so as to prevent her passing,
struck her on the bosom, and said something which
she did not understand. He did not hurt her par-
ticularly, but he had annoyed her in the same way
several times before, and she spoke to her master
about it, in consequence of which defendant was
taken into custody. Her only object was to pro-
tect herself from future annoyance.
A friend who accompanied the defendant said the
latter could. not speak English except in a very
imperfect manner, and being requested to act as
interpreter, he told the defendant the nature of the
evidence. _

The Lord Mayor—Now ask him what he has to
say.
Interpreter—He says he only put his hand upon
her shoulder, and said " Good evening."
The Lord Mayor—Tell him that in English law
that is an assault.
Interpreter—He says if he had known that he
would not have done it, He did not intend to annoy
her. _ _ _

The Lord Mayor—Tell him he must not annoy
her or speak to her again. •
Interpreter—He says that on the Continent ladies
do not consider it an insult for any one to say
" Good evening" to them, and if he had known it
was regarded as an insult here he would not have
done it.

Lord Mayor—Well, ask .him if he will promise
never to speak to her again.

Interpreter—He says, yes.
Lord Mayor—Then tell him if he breaks his pro-
mise, and is brought here again, ho will be sent to
prison.
Mr. Hadlow, the complainant's master, said he
had been informed that the prisoner was in the habit
of insulting every woman who came in his way, and,
if his hirdship would take some further evidence,
perhaps he would think differently of the case.
The Lord Mayor said he was ready to hear any
further evidence that might bear on the case.
• Mr. J. Batley, a gentleman residing near the spot,
said he was passing through George-street on Wed-
nesday, evening, when he t-aw defendant put out his
legs before complainant, as she had stated and
attempt to push his hand down her bosom. Ile told
him he was a dirty beast, and that if a policeman
came up he would give him into custody, upon
which defendant walked away ; but witness stayed
there till Mr. Hadlow came up, and then told him
what had occurred. Witness had frequently seen
the defendant standing precisely on the same spot,
and had seen him serve other females in the same
way.
The Lord Mayor—Tell him what the witness
says.
Interpreter—He says he never done it to any one
else.

The Lord Mayor—But tell him this gentleman
says he has seen him do it.
Interpreter—He says he only touched them on
the shoulder and wished them " Good evening."
He only speaks a very few English words.
The Lord Mayor—Do you know anything more
about this case, officer ?
Officer—Only that I took him into custody on
Sunday.
The Lord Mayor—Have there been any com-
plaints of hia conduct made at the station-house ?
Officer—There have been several complaints of
such conduct against him, or a man like him, and
several letters have also been received at the station
house calling attention to this practice.
The Lord Mayor—Ask him how long he has
been in this country.
Interpreter—He says about four months.
The Lord Mayor—What is his occupation here?
Interpreter—lle is only here to learn the English
language.
The Lord Mayor—Well, he will learn something
of English customs as well, I think. (Laughter.)
Tell him he must conform to the laws of the coun-
try, and that I shall fine him 20s. for the assault,
which Will teach him that he must not annoy
Englishwomen as they pass along the street.
Interpreter—But there are so many common
women about that part, my lord.
shallgirl ;
sendantelld
him him
to thatif
he brought prison
The Lord Mayor—Unfortunately there are, but
this respectable
here ao ui
tin gi
without a fine.

Defendant paid the penalty and was discharged.
William Morrison, labourer, 22 years old, was
charged before the Lord Mayor with smuggling
brandy. , _

N. Smith, constable—l met the prisoner at the
corner of Arthur-street, King William-street, on
Saturday night. Observing his bulky appearance,
I asked him what he had about him, and he pro-
duced a• bottle of brandy. I searched him, and
found two other bottles in his pockets.
F. Lewis, a Customs officer, said—The last wit-
ness delivered the brandy to me. It is foreign
brandy, the duty on it is 185.
Smith—The prisoner told me it was smuggled
brandy.
Prisoner—No, I did not. I said I had it from a
friend. I did not inter 1t) make any money cn it,
I paid 4s. 6d. a bottle for it.
The prisoner was fined 20s.
Charles Lebeck, a seafaring man, was placed at

guide, he could come to no other conclusion than the bar. He kept walking about the dock, and
that his father was entitled to the custody of his had a wild vacant look, and was evidently insane.
child. The father here came before the court with- W. Turner, constable, 641, said—Yesterday,
out any slur on his character—he was shown about 12 o'clock, I saw the prisoner in a very excited
to be bringing up his child in the way he should go, state in Bishopsgate-street, with a large crowd
sending him to one of the most excellent educa- around him. He pulled the bells of many houses,
tional institutions in Madras—his lordship had struck several ladies, and knocked some hats off
visited the school frequently since his arrival in the gentlemen's heads. I proceeded to the assistance
country—and a father was not to be deprived of of another constable, and took him to the station-
the custody of his child because the child in mo- house. He has knocked to pieces the cell in which
ment of irritation or other hasty feeling chose to he was confined.
run away from his father's roof. On a considera- Two surgeons in attendance havin cortified that
tion of all the circumstances of the case, his lord- the unfortunate man was of unsound mind, an order
ship felt bound to order that the child must be re- was made for his removal to a luiritic asylum forth-
stored to his father. with.
Bittleston, P. J.—The only question of fact is The Lord Mayor, before quiition the bench; at
as to the age of tho boy. On the one side the affi- the close of the 'business, addressing himself to Mr.
davits of the relations fix the day of the birth, and Goodman and the other clerks, said—ln taking
prove the boy to be under the age of 14 ; on the leave of you, gentlemen, at the. expiration .of my
other hand Mr. Braidwood says that he believes the year of office, I feel bound VI express my great
boy to 16 ; but it is noticeable that the native satisfaction at the way in whi ch the duties of those
person who joins in Mr. Braidwood's affidavit does around me have been discharged, and my thanks
not pledge any belief with respect to the age, which for the very able advice which you, Mr. Goodman,
Mr. Braidwood fixes at 16. If the boy is 16 years have been always ready to give me, and of which
old he has attained his majority, and is entitled to I have been so often glad to avail myself. The
be allowed to go where he pleases. In the case of year has been quiet and free from excitement; but
Alicia Race, the Court came to the determination in the discharge of such dillies as these which dur-
that at all events up to the age of 14 the right ing the last 12 months I have been called on to
of the natural guardian was absolute, unless he for-
perform, there are always some little difficulties
feited it through some misconduct. Accordingly in arising in which it is at thrice a gratification and a
that case, against the will of the child, the Court necessity to have able ansl cordial co-operation and
ordered her to be delivered to her mother. There-
advice. That co-operation and that advice I have
-
fore, it is to be assumed that if this was the case of had here, and I thank you for it. With regard to
an English boy brought before the Queen's Bench, my year of office gene rally, I may say that I have
he would be ordered to be delivered to his father. heard no one word o;L' asperity towards myself from
It is said that the case does not apply to Hindoo any one belonging to or connected with the cor-
parents. But the duty of this Court to administer poration ; and I -retire from this court with the
English law, with due regard to the habits, ens- satisfactory reflection that I have at all events en-
toms, and feelings of the natives, and we are spe- dcavoured to act with justice and impartiality.
cially directed by statute to preserve the Hindoo Mr. Goodman, on behalf of himself and the other
father's right of parental control. We are satisfied clerks, gracefully acknowledged the many kind-
that this child is under 14, and here more than in nesses and courtesies of the Lord Mayor, who then,
England we are not to interfere with the control of bowing to each, retired from the court.
the father. We should be very sorry if
anything in the order made should subject the.
child to ill consequences—we may be permitted
to express a hope thatthe childwillnot be subjected
to any ill-treatment, that it will be treated with
affection and regard ; but when it is said that we
ought to take into consideration the Hindoo
law of caste as a reason for refusing the writ
the argument cannot be acceded to, because in
Alicia Race's case judgm' entproceeded in part upon
the authority of similar cases decided in India, the
court having approved of the dictum of Mr. Justice
Patteson with reference to those cases. He could
not see, therefore, that the consequences arising
from the law of caste, even if they were such as had
been suggested, which was by no means made out,
afforded any ground for refusing the writ. The
gentlemen who had acted in the matter did so from
the highest and best motives. It did, however,
strike him that when the boy, who 'was under age,
came to them first, before they put him under in-
struction they might have told his familv what was
going on. It would have been better had this been
done. Had it been done most probably the case
would not have gone so far as it had. His lordship
concluded by observing that the court had nothing
to do with the question of religion which was
mixed up in the case.
After the delivery of the judgment an extraordi-
nary scene took place in court. The father
approached his son in a supplicating attitude, and
with tears in his eyes asked him to come home.
The boy remained firmly seated in his chair, and
refused to move. Two officers of the court were
ordered up, to assist the father in carrying off the
refractory youth, who then declared that he feared
ill-usage. The Chief Justice informed him that if
he received any ill-treatment he might apply to the
court for protection. The boy then quietly walked
away with his father. A large number of Chetties
had assembled to hear the case tried, and the
greatest excitement prevailed among them at its
conclusion. As far as we can learn, the general
feeling of the public is decidedly in favour of the
decision passed by the Supreme Court.

BOW-STREET.—Peter and Elizabeth Stacey,
alias Chesterfield, alias Leightmein (husband and
wife), and William Elsom, alias Scott, alias Hayes,
alias Ashe, were charged with conspiring to obtain
goods by false pretences from Mr.. Hird, a furniture
dealer, in Tottenham-court-road.

Mr. Ablett appeared for tim prosecution ; and
Mr. Lewis (of Lewis and Lewis, Ely-place) for the
defence.

Early in October the female prisoner, who then
called herself " Mrs. Chesterfield," drove up to Mr.
Hird's shop in a pony chaise, and gave instructions
that some one should be sent to a house in Grosve-
nor-road, Regent's-park, which she had just taken,
in order to look at the rooms, and consider what
furniture would be most suitable. The foreman,
Thomas Smith, accordingly attended next day,
when she told him it w ould not be convenient to
pay ready money, but should be prepared to give
one-half the amount. in the course of that month,
and to settle the balance on the Ist or 2d of Noy.
He said that would do if she gave a respectable re-
ference. She said laer husband was a retired malt-
ster, from Weymo ath, and she had between £4OO
and £5OO a year herself. Subsequently she called
at Mr. Hirdrs, arid selecttd goods to the amount of
£39, including a couch, six chairs, 43 yards of
carpeting, a chimney glass, &e. She referred to
Mr. Scott, 48, Alma-street, Hoxton: The foreman
called at that address, and saw the prisoner Elsom,
who said Mr. Chesterfield was a highly respectable
man, and confirmed the details already set forth by
Mrs. Chesterfield. The goods were accordingly
supplied, but on the 2d Xov., the day fixed for
payment, it was found that Mr. and Mrs. Chester-
field had disappeared, and the goods with theM.
They were traced to a house in the Lyndhurst-road,
where Smith called and demanded the restoration
of the goods, which Stacey. refused. That night
they again disappeared. On Saturday, however,
the foreman and a constable went to a house in
Copenhagen-street, Caledonian-road, found the pri-
soners there, and took them into custody on this
charge. The glass and arm chair were identified
by Mr. Hird as part of the property obtained from
him. Elsom had obtained possession of the house
in Alma-street by referring to 'Stacey, at a house in
Dame-street, which he had taken under the name
of Leighman, referring to himself, in his real name
of Stacey, at another residence, which he had ob-
tained in a similar manner. They quitted each of
these residences suddenly..
Sergeant Hervey said he had known Stacey for
eleven years as one of a gang of swindlers.
There were a number: of tradesmen in attendance
from whom they hart obtained goods on credit,
which they immediately disposed of.
A Solicitor statecl that he was at present con-
ducting a charge at another court against two
persons who were connected with the prisoners. He
should be able to identify the female prisoner with
that charge by direct evidence, but he feared he
could not show that the men had anything to do
with it.

Mr. Lewis contended that there was nothing to
connect Stacey with any representation whatever,
unless the magistrate thought the woman was act-
ing under her husband's direction. In that case
she must be discharged, otherwise, he submitted,
Stacey must be discharged.
Mr. Jardine should not come to that de
cision till he was satisfied that no further evidence
was forthcoming, especially as there seemed to be
several more charges against them. He should
remand all the prisoners for further examination.

COUNTRY 21,1AltKETS.

NORWICH—Nov. 6.

The eastern counties markets have been dull, and in some
instances a decline of is to 2s per qr. has been noted in
wheat. At this exchange to-day wheat was in fair supply,
but the millers were not free buyers, and the sales made
were in favour of the purchaser. The best samples about
supported last week's rates. The show of barley was pretty
good, and former prices were supported for all descriptions.
Very little other grain on offer. Flour a trifle cheaper.