The Sun.
London, England, 1858-07-06 00:00:00

MORGAN AND ANOTHER %MORRIS ET AL EX PARTE AS TO

CERTAIN-RESPONDENTS.

This was an appeal from a decision of the Second
Division of tho Court of Seaion in Scotland altering
the verdict of the jury finding that Alexander was not
'''r n'; of the lets John Morgan, of Coate's-crescent,
Edinatugh, and
~Torzan were
not his next of kin.

The Lord Chancellor said that th© alteration on the
verdict by the Court of Session was equally uncertain
as the verdict itself. His lordship ordered a new trial
and dismissed the appeal.

Lord Brougham, Lord Cranworth, and Lord Wensiey-
da le entirely concurred.

MOWATT V. BLAKE.

This was an appeal from an order of the Master of
Ore Rolls, relieving the plaintiff, Mr. Blake, from the
purchase of 1,000 shares in the Portsmouth Railway
Cnompany, on the ground of fraud.
The Lord Chancellor said that the plaintiff had entirely
Niled to make out a case of misrepresentation and fraud
'on the part of the appellant, in the sale of these shares
to him. They were not sold to Lino as unappropriated
or scrip shares. They were sold w allutted shares, and
he either knew that or might have known it.
Lord Brougham, Lord Cran worth, and Lord Wens-
leyda'e entirely concurred.

The Lord Chancellor reversed the order of the Master
of the Rolls, and dismissed the appeal with costs.

M'MAHON V. SIR T. B. LENNARD, BART.

Mr. Justice Wightinan delivered in writing the opi-
nions of the consulted judges in this case, which was
ordered to be printed and laid before their lordships of
the House of Lords before delivering judgment on this
appeal.

CRIMINAL COURT.—(This Day.)

OLD COURT.
(Before the Recorder,

THE ROBBERY AT THE EASTERN COUNTIES RAILWAY.

A. respectably-dressed man, named Dales, was indicted
for stealing a parcel, containing 74 half•sovereigns and
sbme silver, the property of the Eastern Caunties Rail-
'way Company.

Mr. Sleigh appeared for the prosecution, and Mr.
T. Atkinson defended the prisoner.
Mr. J. Scott, employed in the engineers' department,
said, I made up a value parcel, containing 74 sovereigns
and some silver. It was directed to Sommerleytown in
Suffolk. I gave it to a boy, named Keeble, to carry to
the parcel-office of the prisoner, who was a parcel
porter at Stratford station. The prisoner keeps a book
in which it is his duty to enter all parcels he receives.
Sydney Keeble, a boy in the employ of the Eastern
Counties Railway Company, raid, on the 11th of June
last, I received a parcel from Mr. Scott, and, according
to his direction, I went to the parcel's office with it. I
did not see the prisoner but I gave it to his boy, Manser,
who signed the parcels book. The parcel was a value
pa reel.

Cross-examined by Mr. Atkinson.—l am in the em-
ploy of the Eastern Counties Railway Company, They
pay me 62. shillings a•week. My hours are from 6 to 9.
All the value parcels are carried to the parcels office lay
boys. They know the parcels contain money by the
wards written on them.

Charles Manser—l am subject to the authority of the
prisoner. I receive parcels in his absence, and on his
arriving at the office, I give them to him. When he
(prisoner)l received value parcels he put them in his
desk, of which he kept the key. On the 11th of June,
I recollect receiving a parcel with the words "value
parcel" written on it from Booble. I gave it to the
prisoner on his return, and he then put it into his desk,
and said it was all right. It was between four and five
when I received the parcel. I signed the book brought
by Keeble. On the 11th of June, there was no entry
in his book as having received a value parcel. A short
time after I heard that the parcel had been los'.
The prisoner was present when certain inquiries
were made respecting the lost value parcel, and he said
I might have given him the parcel, but he did not recol-
les!:.

Cross-examined--The room in which Dale's desk is
fixed is visited by other persons. Any of the company's
servants can go in. I had received directions from
Dales always when I received a value parcel to enter it
iu his book. I find no entry on the 11th of June. I
had the value parcel about an hour in my possession.
kept it in my pocket. I walked about with it. lam
certain I gave Dales the parcel. When both of us are
away from the parcel-office the key is hung up in the
ticket office, which is frequented by other per.sons. I
have hung the key up in the office sometimes, but Dales
generally does Co.

Re- mined—The key of the desk in Dale's office
was' never hung up. The entry book is sometimes
locked up. It I bad seen the book when I received
the parcel I should have made the entry.

Mr. Francorshon—l am station-keeper at Sommerley-
town. I ought in the usual course to have received a
parcel on the 12th of June, containing the money to pay
the men's wages. The parcel ought to have arrived in
the morning.
Cross.examined—l am assisted by a p3rson named
Lacy. He and myself are, the only persons at the
station. In my absence Lacy would receive any parcel,
but he would give a signature. Lacy was present at the
station on the 12th of Jane. I don't think I was
absent at all on the morning of the 12th.

Wells, the night inspector of the Stratford station,
said on the night of the 11th of June no person
entered Dale's office after he loft.

Charles Copping—l was the guard of the train that
ought to have taken the parcel to Sommerleyt)wn. I
did not receive a value parcel from the • pri9ener on
the 11th of June. I did not see Dales at the time.
Whenever the prisoner gave me a value parcel he
always took my signature. There is no signature of
mine in Dales's book on the 11th of June as having re-
ceived a value parcel.
Thomas Morgan—l was guard of the train that fol.
lowed Copping's on the 11th of June. I did not receive
a value parcel from him. If I had my signature would
appear in his book.

Mr. Kemp, the police superintendent of the line, gave
evidence as to an inquiry which was instituted in conse-
quence of the lost parcel. He said he told the prisoner
the parcel had been already traced to him, and he re-
marked he could not Bay the parcel was not given to
him, but if he had received any such he must have sent
it on to its destination.

Mr. Atkinson having addressed the jury for the pri-
soner, who bore an excellent character,
The jury returned a verdict of not guilty.

NEW COURT.
(Before the Common Sergeant•)
UTTERING COUNTERFRIT COIN.

James Davis, was indicted for uttering a counterfeit
flAn, with intent to defraud Richard lades.
iL r 1 Medefq, a v‘.ndor of pie., said that on the 13th
of June he was at Greentolu-glew., tilt) prig sae,.
came up to him and bought a pia, and paid for it with a
florin, which Modes afterwards took to a beer-shop and
there it was declared to be a bad one. On searching the
prisoner two other bad shillings were discovered. He
had also 18.?. in slaver and some copper money on his
person. _ .

-.• The prisoner said he became pogsa,sed of the ,bad
money in getting change for a sovereign ; he received a
good character.

The Common Sergeant, in summing up, remarked
that the suspicious circumstance against the prisoner
was that he paid for the penny pie with a florin, which
happened to be bad, while he had a quantity of copper
money in his possession.

The jury returned a verdict of guilty, and the prisoner
was sentenced to four months' imprisonment with hard
hbour.

Jane Williams, a girl about 17 years of age, was in-
dicted for uttering a counteife;t crown-piece with intent
t &fraud the Postmaster-General.

From the evidence, it appeared that about a month
ago a girl came t.) the office at Charing•cross and asked
for 6e. worth of postage stamps. On that occasion
two half-crowns were placed upon the couater with a
genuine shilling on the tote of them, and owing to this
circumstance the fraud succeeded. In a few days after-
wards the prisoner entered the office and asked for a
similar number of postage stamps, and in payment she
placed a crown-pieta on the county and covered it with
a good chilling. The crown-piece turned out to be a
bad one, and the voice of the girl being recognised as the
person who had passed the bad half-crowns, she was
given into custody.
The jory found the prisoner guilty; and a former con-
viction having been proved, she was sentenced to four
months' imprisonment and hard labour.

NEW CALEDONIA.—A. new. Government bill provides
until the end of the year 1862, for tho g3vernment of
Nev Caledonia. The boundaiies of the colony i.ra de-
fined, and will inc'ude Queen Charlotte's Island, and all
other islands atlitc-nt (with certain exceptions). The
Queen is authorised to appoint an offica to administer
the government of the colony and to establish a local
Legislature. Vancouver's Is'and is especially excluded
from the colony cf New Caledonia.

LIO INTLLLIGENCE.—(This Day.)

MARLBOROUGH-STREET.
EXTRAORDINARY CASE.—John Lloyd Lannon, a re-
spewable looking man, was charged under the following
eingular circumstances :

Ann Brightman, servant to Mrs. King, widow, of 32,
Half-Moen•street, said the prisoner came to the house
about seven o'clock on the previous evening, and asked
what apartmens were to let. She showed him them
and told him the price was two guineas a week. Ile
gai,l ha could not give more than it. 15s. She said she
could not tabu that as i s !-_-.i:i`recs was cro• ITH than
asked for water to wash his bands, and after wards asked
for some mutton chops and tea, and she supplied him
with some tea and eggs and ham. He said he wanted
to stop at once as he had just come from Scotland.
When her mistress came home she asked her to go up to
the prisoner, and soon after she heard a loud noise, and
the prisoner say, " You'll murder use for Gd."
The prisoner asked the witness if she knew the obli-
gation of an oatb, and as the witness said she did, but
could not clearly explain, the prisoner said he should not
ask her any more questions, but put at least.fifty to her,
most of them being totally irrelevant, and many of an
impertinent nature.

Mrs. King was then called and, said that on entering
the room by request of her servant, the prisoner said his
name was Lanslett, and gave as a reference the name of
Sir Thos. Forbes, Clapham Common. A gentleman
who had been out with her for a walk bearing an alter-
cation, owing to her being dissatisfied with prisoner,
came up, and the prisoner then began abusing him,
and using the most insulting language. He went to the
window, opened it and began addressing the people,
and created a mob round the door. Witness went for
the assistance of a neighbour, and there heard he was
turned out of .No. 3, Cottage-street. She sent for a
policeman and gave him into custody.
The prisoner here subjected this witness to a similar
cross-examination, he having taken notes while she was
giving her evidence, till at last he was nearly exhausted,
and then desisted, the witness having barne with much
patience the innumerable and rediculcus questions put
to her.

The gentleman was called and corroborated the lad
witneEs.

The prisoner then entered into a long rambling de•
fence, at the conclusion of which Mr. Baadon said no
one would ba surprised that had heard the case when
they knew the prisoner had had six monthsfor swindling
and that ho had also been charged with insulting females
in the streets. He should order him to find 2 respecta-
ble householders to become bail for him in 501. each,
and himself in 1001.

The case lasted nearly two hours and excited great
interest.

THAMES

INGENIOUS SIIIIGaLING.—Stephen Staup,bton, a young
gentleman, living at Buda Lodge, Roupell-park, Brixton
Hill, Surrey, waq brought before Mr. Yardley, charged
with smuggling three pounds and two ounces of foreign
manufactured tobacco, the duty on which bad not been
fiat paid, and with intent to defraud her Majesty the
Queen.

It appeared from the evidence of Mr. Joseph Hicks, a
tide surveyor, that on the arrival of the Dolphin
steamer from Antwerp, at the St. Katherine's Wharf,
the ptisoner who was a passenger on board was asked if
he had anything about him liable to duty, and replied
by taking from his chest 25 cigars which he banded to
the officer, and said that was all he had. The officer
searched his cheat, and finding the interior not so deep
as the exterior, succeeded in removing a false bottom,
under which he discovered upwards of 300 cigars, weigh-
ing 3 2 ounce'. The false bottom was ingeniously.
constructed, and if the officer had not measured the in-
side and outside of the chest, the cigars would not have
been discovered.

Mr. Yardley—What is the duty upon the cigars ?
Hicks—The duty is a prohibitory one, 9s. 6d. per
pound. That is the duty on all foreign manufactured
tobacco.

The defendant said what the officer had stated was
quite true. He intended the cigars for his own use.
Mr. Yardley—No doubt of it, Mr. Haughton, but you
ought not to have concealed them. You should have
paid the duty upon them. I fine you 4/.
The penalty was immediately paid.
AMERICAN REVENGE.—Thomas Clark, a seaman be-
longing to the American ship, Southampton, lying in
the East India Dock, was brought before Mr. Yardley,
charged with stabbing James Trainer.

It-appeared that the prosecutor, who came to London
in the ship American Congress, had been staying with
a prostitute in an infamous house, 4, Elbow-lane, Shad-
well, and be quarrelled with the prisoner a week ago
and beat him. The prisoner determined to be revenged
and armed himself with a knife, with which he attacked
the prosecutor as he was standing outside the
Crooked Billet public-house, in King David-lane,
Shadwell, and made three .stabs at him, but only
ono took effect. The complainant was stabbed in
the thigh, and he lost a good deal of blood.
There was also a scar on the man's cheek. He bad a
narrow esape of being killed. The prisoner made a
blow at the prosecutor, which struck the clasp of a belt
he was wearing, and broke it.
The prisoner, a rough-looking fellow who wore nothing
but his trousers and shirt, said the prosecutor had beea
in the practca of staying on shore for six months or
more when be came fro►a New York, and lived with.
prostitutes. Trainer was also in the practice of beating
seamen who would not give him money.
Mr. Yard y had no doubt that Trainer was a profli-
gate bl ckguard. but he could not permit such atrocities
in the streets of London. The prisoner had no right to
wreak his vengeance on Clark as he had done. He
fined the prisoner 31., and in default of payment, one
month's itopriseriraeet,

The young King of Oude has arrived in Paris with
the object of building a tomb to the late Queen. Ha
has been several times to the Mahomedan burial ground
with his architect. The Prince has a professor of
French with him.
WEST OF FIVE RAILWAY.—The West of Fifa Railway
was formally opened for traffic on Friday.
The man who did not think it respectable to bring up
his children to work has just heard from his three sone.
One of them was a driver on the canal ; another had
been taken up as a vagrant ; and the third had gone to
a public institution to learn the shoe businese under a
keeper.
A fop is like a cinnamon tree-- the bark is worth more
than the body.
MOTHER.—What comfort there is in the name which
gives assurance of a love that can never fail.
It is better to have a clear conscience and be
threatened, than to have a bad one and be flattered.
The Catholic Peerage has received two accessions
during the past week in the persons of Mr. Constable
Maxwell, of Everringham, in the county of York, who
has substantiated his claim to the ancient barony of
Herries, and Sir Henry Bediugfield, who also proved his
title to the Viscounty of Grandison.—Dublin Freemen.
Mr. Dargau has purchased the quickest steam vessel
on the Clyde, with the object of plying between Foynes
and lillrush, at a speed of twenty miles an hour.
THE ECCLESIASTICAL COMMISSIONERS.—An Order in
Council is published in the Gazette giving her Majesty's
approval to a proposition made by the Ecclesiastical
Commissioners for assigning a district chapelry to the
church of St. Philip, Arlington-square, Islington.
Kzw GARDENS —That splendid flower, the water-lily
of the Ganges or sacred bean of India, will shortly biog•
sons in the centre tank of the tropical aquarium. Models
of this very beautiful plant and the Victoria Regia also
are in the museum.

THE ACCIDENT ON THE MIDLAND RAILWAY.—On Sa-
turday morning, about half past four o'clock, James
Bennett, engine-driver of the empty mineral train from
Derby to Kiinhurst, who fell down an embankment near
Chesterfield, died in the Chesterfield Hospital, from the
injuries which he received in the accident on the 23d
June, Yesterday the inquest was resumed at the Mid-
land Hotel, Chesterfield, before Mr. C. S. B. Busby,
coroner; on the body of William Hickling, the st‘iker,
and the same jury were also sworn to inquire into the
cause of the death of James Bennett, the driver. The
jury returned a verdict of manslaughter against Ambrose
Blackburn, the signal-man, who was committed for trial
at the assize.,.

TIE NEWEST TRICK. —A few days ago a little boy
entered the shop of a respectable baker in North Leith,
and heught a peony l e f, vsl'iA he requested the baker
would conceal under the back of his jacket, as Le was
afraid that a bigger boy, who was waiting outside, would
take the loaf from him. This request the baker good-
naturedly cunplied with, and on going to the door he
witnessed a lad in full cry after the purchaser of the loaf,
till both were out of sight. On returning to his counter,
however, the baker funnel his watch-guard dangling At
his breast, minus the watch`..-Catedoitirot Mercury.
Toun OF THE LORD LIEUTENANT OF IRELAND.--fig
Excellency the Earl of Eglinton is about to take advan.
tago of this beautiful wee her, and make a tour of some
lecgth through our unequalled island. He is to visit
Killarney and make acquainianco—we hope a familiar
one—with its glories. He leaves Dublin on Wednesday
next ; proceeds by the Great Midland Railway, and be.,
comes the guest on that evening of Fras. Spaight, Esq.,
at Derry Castle, the splendid hospitalities and the scenic
attractions of the vicinage of which he will remain some
days to enjoy. Tlaence his Excellency will proceed
through Pallas to Killarney, and there it may be hoped
ho will adopt for his sojourn the Lake Hotel, whence the
finest and most fascinating views are beheld over the
broad and bright lake along the enchanting peninsula
of Mucross,—Munster News.
ANTI-SUICIDAL EFFECT OF THE THAMES.—The
state cf the Thames has hail one excellent effect upon
the crime of attempted suicide. Previously to the
hot weather, scarcely a week passed without some
wi etched as away attempting, or pretending to attempt,
felo de se, by deliberately walking down the !midge
steps, or flinging him or herself from soma accessible
point on shore into the raver, to be recued at immi-
nent per , by soma brave and respect-
able memi er of society, having-, perhaps, a family
ndent up n his life and health and receiving notbirg
in return bub' the applau:e of the pubic, a Humane
saciev.s medal, a.,;d the r grets of the rescued
friet.ds. Since :t has bee,..m., known that an im-
mersion of a .:ec3rat la the filthy river is equivalent to a
(10:e of arsenic, and.that the stomach pump is a more
necessary means of restoration than brandy and water
estorati;es t casts of this kind have diminished in
nu:ober.

THE NEw CAUDINAL—A letter from Rome, of th
26th ult., in the Unitcrs, says —" The Pope, yesterdays
held a secret consistory at the Vatican, when Mgr. Rod
rigues, patriarch of Lisbon, was raised to the dignity of
Cardinal. His holiness also announced the nomination
of Mgr. Paul DodmaPsei to ba Bishop of Alenio, in Al-
bania ; P. Pascal Yrsdeic to be Bishop of Pu!ati, in
the satno State ; and Francis Kerrill Amherst to be
Bishop of Northampton, and also nominated twelve
other bishop. in partibus,7 •