The Sun.
London, England, 1858-02-03 00:00:00

ritE

THE GREAT BREACH OF PROMISE CASE
OF BOLT VERSUS FARDELE.

This important case, which has for some months
excited the most intense expectation in the fashion-
able world, was made the subject of some proceed-
biles in Mr, Justice Erie's private room at West-
minstor yesterday. The damages are laid at the
enormous fum of 30,000/.; and up
.to the present
moment the plaintiff has firmly rejected all offers
which have been mode for the settlement of the
ease out of court, preferring to go to trial.
The application to Mr. Justice Erle yesterday
was made by Mr. Cleasby, on the part of the de-
fendant, to have the trial, which is appointed for
to-day (Wednesday), postponed until the month of
June, on an allegation that the defendant's mother,
Mrs. Fardell, who is a material and necessery wit-
ness for the defence, was not in a fit state of health
to undergo the excitement of an examination. A
medical gentleman wasp roduced supporting the
allegation, but, as it did not state any particu-
lar period when the witness would be able to be
present, the application was not complied with,
but adjourned until Wednesday in the ensuing
week, for further hearing, with an intimatien
from the judge, that if the lady should not suf-
ficiently recover her health her testimony could
be taken under a commission, and the cause,
therefore, stands adjourned for trial until Friday,
tlae 12 h inst.
Mr. Gray appeared before the Judge for the
plaintiff.
The defendant was ordered to pay the costs
of the application, which, from the number of
witnesses subpoenaed,
and thelpeculiar nature of
the case for the plaintiff, will be considerable.
tl the ceze it?elf, which is so
anxiously looked forward to in the fashionable
and clerical world, a number of aristocratic and
titled acquaintances of the plaintiff will give evi-
dence respecting the fickleness of the fair de-
fendant. Among these will be the Hon. and
Rev. Charles Frederick Spencer, brother of the
present Lord Churchill ; his lady the Hor. Mrs.
Charles Frederick Spencer, who is the defendant's
only sister. The Rev. J. 11. Sparke and his
brother, Mr. Edward Bowyer Sparke, both canons
of Ely, and sons of the late Bishop of Ely,
together with many of the superior stars of fashion-
able life.
Amongst other notabilities of the bar, Sir F.
Thesiger has been specially retainel for the de-

MURDER BY A MANIAC OF EIS
FATHER AND MOTHER.

The Utica Telegraph reports a dreadful crime
which was perpetrated a few miles from Hamilton,
in the state of New York, on Sunday night, Jan.
10, when Jared Comstock and Blar:saa his wife,
were brutally murdered by their own son, Wm.
Comstock. The murderer was arrested next day.
The parracide is a man 37 years old ; his clothing
was besmeared with blood when found. He has
always resided with his parents, and is unmarried.
He has been drinking hard for some time, and is
evidently labouring under the effect of mania-a-
pottc. He conversed calmly iii relation to the awful
deed, manifesting no concern for himself, speaking
of the manner in which he deprived his parents of
life, as if he had been butchering bogs. He says,
for about four or five days something seemed to tell
him ho must have a number of hearts ; this was re-
peated to him many times during the day ; he
seemed to live in Sherburne, and a wire came over
the hill, connecting with the rcom, telling him he
must,have a number of hearts ; some one who lived
In Sherburne seemed to telegraph for them. "Three
or four days ago I attempted to kill my father to
get his heart. Yesterday I went again, placed an
axe in the room, intending, if I could find my
brother and his wife, setting down to kill them
bosh at once. It seemed as if I must have both their
hearts, but I did not find them so situated. About
dark I went over to my father's and found him and
my mother sitting—she was sewing. I immediately
struck her with a skillet on the head and broke it. I
then struck my father over the head three or four
times with the remains of the skillet, and attempted
to get the axe. After knocking my father down
I got the axe and cut out their hearts, and put
them in the stove and b Tned. them. This voice
seemed to tell me that their hearts must be
burned. After the deed I washed my hands, and
after remaining in the house a short time left,
and went down tl A. Gusting's. When I arrived
I found my brother and his wife there, visiting.
I told them I had some fresh meat up to father's.
After remaining there a short time, I wens
down to the house of Harmon Gustin and told
them to get me a quart of cider and bottle; and
after obtaining it left for my father's house, with-
out mentioning anything concerning the deed. On
arriving, I lay down upon the lounge, near my
father and mother, and slept for soma time—until
near morning; on awaking, I !eft the house, and
met several persons coming towards it. I do not
recollect who I had informed of the deed previous
to this. As they approached me, some Slid, "Here
is Bill." This was about right rods west of my
father's. They asked ma what I had been doing. 1
told them it was none of their business. Part of
the company held me while a couple of them went
to the house, and afterwards they took me to
Potter's, where I was arrested. During the night,
after the deed, I attempted to end my life, and
thus close the tragedy. I afterwards went to my
brother's house to kill him and his wife. I kicked
the panels of the door in, bat they had gone away.%

COIV3P/RACY.-THE FAMILY DOCTOR,

An American paper states that Mr. John B.
Robertson, late cashier of the Eagle Bank of
Rochester, in the State of New York, is on trial on
a charge of conspiring against the life of his wife.
The case excites great interest in Rochester, where
the parties are well known and have always occu-
pied a respectable position. The crime charged
npon]Mr. Robertson is an attempt to -enlist a
physician of Rochester, Dr. Joseph A. Biegler, in
a conspiracy to make away with Mrs. Robertson,
by means of the administration of a series of slow
poisons. The Dr. Biegler in question is a son of the
Buffalo physician who was recently sentenced to
State prison for causing the death of a young girl by
producing abortion. Tile elder Biegler's troubles, as
the story goes, claimed the sympathy of RObertson,
who has visited him at Auburn, since his cm-
viction, to obtain medical advice for his wife. The
younger Biegler has since become the family phy-
sician of Robertson, and becomes the principal wit-
ness for the prosecution on the present charge,
charging Robertson with an attempt to in-
duce him to administer poison to his wife, and
with using such language as the following in re:
ference to the lady, "I want the cause of all my
troubles and this hell upon earth removed from
existence." Biegler states that the propossl
startled him, but that he promised "to think of
(75" and that, by means of concealed witnesses,
during successive interviews with Robertson, suc-
ceeded in establishing a chain of evidence against
him. This is the case for the prosecution. The
younger Dr. Biegler is the prime mover in the
affair, and is the first and principal witness in the
case. It will be observed that the. charge hinges
upon the alleged unhappy relations existing be-
tween Mr. Robertson and his wife, and his alldged
desire to terminate domestic difficulties.
On the other side, the affair is looked upon by a
large number of persons in Rochester as a conspi
racy—eitherfor the purpose of injuring Robertson s
reputetion to gratify the enmity of certain parties,
or to bring the elder Biegler out of state prison on
the plea that his evidence is indispensable. The
counsel for the defence will try and show that
young Dr. Biegler, backed by his father, was a con-
spirator against Robertson, and that his motive was
to avoid the payment of 2,500 collars lent and ex-
pended on his father's trial last spring. Several
witnessesfor the defence was examined ; and among
them was Mrs. Rubsrtson, the wife of the defen t-
aut, her two brothers, and several neighbours and
relations, all of whom testified to the geod cha-
racter of the defendant and of the happy domestic
relations always existing between him and his wife.
Mrs. Robertson swore that her married life had
been the happiest part of her life in every particu-
lar, and contradicted much of Biegler's evidence.
The trial had not terminated.

MONLtL COURT.—_The new rules and
NEW RULES AND ORDERS IN THE DIVORCEANDf
ordersat length
Curt of Divorce and Matrimonial Causes have
.1,
r,,,.
l""^ ,(Q,30. T, r, 7' r ,n,y 1 r;r,te'l on IST-ond'Y 1 ~. Ve ,attart toe act came into opera4ion. orders, with 14 forma to ba used, and a table MorAnithe
the 39:11 rule "application on the part of a wife deserted
by her husband fc,r an order to I totect her earnings and
Thereof feeasr.e
Bt-)yi
property acquired s.inca the commencement of the sePa-
ra,. ion, is to be made on summons to the Judge Ordinary
in chambers. This perna;.aliion wiil :my° a wife from
oxposieg her case before a pilice magisttate. A person
may cue in fornia pauperis who makes an affidavit, or
the attorney, that he or sits is Lo; worth 25/ , aft3r.
payment of his or her just deb's,. save and except his or
her wearing apparel." A. case is to be laid before coniistl
that the application has reasonable grounds for applying
to the court for relief. The forms to be need.in carrying
out the act are concisely
worued. The fees are of a
limited character. The highest is 153, and the lowest
6d,, with the exception of the attendaneeof an ixarninFr
to take the evidence of witness.
There
eprmo at S
cipalfees.,n ud,
the table are 53. and 2s.
6i . are 20
1
containinglhere a decree of judicial
59 fees. Amorg
separation has been
g" V
pronounced it chalk not ba necessary
tlh2e a
ruffs u 2l
: .
s I j i
sd ~
the out
f 00l lfo a w
i n table
mfoarreryiting
either
apgaari.tyn!o enter into a bond conditional against

COMT OF QUEEN'S BENCH.
(Sittings at Nisi Prius.—Before Lord Campbell
and Special Juries.)
This wag the first day of the sittings after term.
The list contained 80 causes, of which 25 were
remanets. 18 were marked for special juries.

Tax QUEEN V. CUBITT AND ANOTHER. ---OBSTRUC-

TION ON THE RIVER.
Mr. Serjeant Pigott and Mr. Powell were counsel
for the prosecution ; Sir F. Thesiger, Mr. Serjeant
Slice, the Hon. 0. Denman, and Mr. Humphrey
appeared for the defendant.
This was an indictment against Mr. Alderman
Cubitt and his foreman, Mr. Tribe, for having
caused an obstruction to the navigation of the river
Thames by the erection of a pier at the Isle of Dogs.
It appeared that the pier is about 180 feet long,
extending about 30 feet beyond ordinary low water.
1 t is supported on three seats of piles about 40 feet
ap, art, and giving a headway of several feet under
the platform. At the end is a dummy, about 00
feet , long, at each end of which is a fender com-
posed of a number of piles secured with
stones. The case for the prosecution which was sup-
ported L y the evidence ot several pilots and lighter-
men, wad, that the pier was a great obstruction to
the river, ,as, in consequence of the set of the tide,
all vessels going up kept close to the shore. Since
the erection of the pier they were obliged to tack
much sooner, and were exposed to the danger of
being
gdrcaught t bythe
chalk stones.
the eddy on the opposite shore
For the defonco Mr. James, harbour-master of
onandeivae
the port of Lon don ; Mr. Leacb, the engineer to
the Thames Conservancy Board, and other officials,'
were examined. They stated that the pier created
no obstrivetisn at the place where it stood. The
water was so shallow that no vessel could approach
the spot except at the top of the tile. The Folly-
house moorings were lower down, at the same side,
and vessels taking a course to avoid the moorings
would ot necessity go some distance outside the
pier. The deep water was at the opposite side.
Several lightermen and bargemasters gave similar
evidence. There was no difficulty in taking a barge
between the piles. It was further stated that the
pier would be a great convenience to the inhabitants
of the Isle of Dogs.
His lordship having summed up,
Tho jury found a verdict of guilty.
Judgment deferred.
I'OCOCK. T. NICHOLLS.—A§SAULT AND SLANDER.
This was an action to recover damages for an
assault and slander. The defendant pleaded not
gellsy, and that the alleged slander was true in
substance and fact.
Mr. sergeant Shee and Mr. Udall were counsel
for the plaintiff. The defendant did not appear.
It appeared from the statement of counsel, and
the evidence of the plaintiff, that he is a surgeon
and accoucheur in extensive practice at Brixton.
The defendan., Mr. J. Nicholls, is an attorney, a
member of the firm of Nicholls and Doyle, of Gray's-
inn, and up to December last resided at Eaton
Villss, Loughborough-park. Mr. Pocock had been
for some time Vie m2clical attendant of the defen-
dant's family, and attended Mrs. Nicholls in her
confinement. In October las'; he was in a'ten lance.
On the 16th he called and saw Mrs. Nicholls ; the
defendant was present part of the time. On the
18th the plaintiff was much surprised at receiving
the following letter :
" Dear Sir,—l regret I must request you Rot to call
or have any further intercourse with any of my family.
I wdl be obliged if you will favour me with your ac-
couut.—Yours truly, " J. Niononea."
The plaintiff at once replied, expressing his sur-
prise and hope that an explanation would remove
any misapprehension the defendant was labouring
under. The defendant then wrote the follow-
ing letter :
" Dear Sir,— I am favoured with your letter of the
13th instant, and I will not disguise from you that Mn.
Nicholls is labouring under an imputation of impro-
priety of conduct with you, and that the consequences to
uerself and her family may be heavy. Now, sir, some
impropriety has passed between you. What that some-
thing is, I ask at your hands. "J. NICEIOLLS."
The next day the defendant called on the plain-
tiff and asked fur au explanaO,ion. Mr. Pocock said
he had none to give, and expressed in the strongest
terms his surprise and indignation, and asserted the
complete innocence of his conduct towards Mrs.
Nicholls. He became very violent, and would not
leave the house for some time. The plaintiff then
requested his solicitor, Mr. Impey, to call on Mr.
Nicholls. Mr. Impey did so, and repeated Mr.
Pocock's assertion of his innocence. Mr. Nicholls
renewed his charges, and added, " If h. will admit
the titatr-nity, and take the child, I will iet him
live. Oa the 24th ot Clicliola.r NU. Pocock was
served with a writ in an action of trim. con.
Notice of trial had since been twice served in that
action, but afterwards withdrawn, On Monday;
the 26th of Octubor, the defendant called at the
plaintiff's house, and was shown into the consulta-
tion room. The plaintiff again repeated he had no
explanation to give but to deny the charge. The
defendant then lifted a large stick and struck at the
plaintiff, who retreated into the surgery, and en-
deavoured to shut the door. He received a violent
blow ou the temple, which caused a large lump, but
was eventually rescued byMr. Impey, who happened
to be in the house, and the servants. The plaintiff
was afterwards informed that the defendant was very
violent in his threats against him, and therefore
had him summoned to the police-office, where he
was bound over, himself in 2001., and two sureties
in 501. each. Mr. Poc.)ck was afterwards obliged
to take out a second summons, in consequence of
the defendant persisting in annoying him in the
street. The defendant had left the neighbourhood
in the end of December, but the plaintiff now sought
compensation for the assault, and such damages for
the slander as would vindicate his character from
so serious a charge.
Mr. Impey was examined, and he confirmed the
plaintiff's statement as to the assault, and deposed
dme faedued
tahnet ' schsaerrgveanatgsapmerotvetdhethpaitailine_
to the welds used by the defendant.
had
ee
fa
t the
redly
h e
tiff.

Lord Campbell, in summing up, said that the
charge made against the plaintiff was the most seri-
ous and frightful that could be made against a,
medical man, and they ought to give him such
damages as would completely vindicate him. lie
felt.bouu.d to say that the plaintiff left the court
without the slightest stain upon his character.
The jury found a verdict for. the plaintiff—
damages 2501.