The Sun.
London, England, 1858-12-04 00:00:00

THE SUN, LONDON, SATURDAY EVENING, DECEMBER 4, 1858.

that nothing had been done, and therefore prayed
the judgment of the court.
The court gave a judgment of eight calendar
months from the vesting order on Sept. 13, at the
suit of Harriett Ellis, for the damages awarded in
the action of breach of promise of marriage.

IN RE BENJAMIN ISAACS, OTHERWISE " CHARLES
SINCLAIR."

This insolvent, described as an " illusionist and
ventriloquist," applied under the Protection Act.
Mr. Reed supported.
There was no opposition. The insolvent had
travelled about, and his income had been inadequate
to meet his expenses.
A day was named for the final order, and in the
interim the broker of the court was to value the
conjuring apparatus of the insolvent.
(Before Mr. Commissioner Murphy.)
IN RE SIR WILLIAM MAGNAY, BART.

The case of Sir Wm. Mao-nay, the late alderman
for the city of London, which was reported oil the
10th ult., again came on. Sir William now applied
for his final order.

Mr. Reed appeared for the Rev. Mr. North, on
the question of assigneeship. Mr. Sargood sup-
ported. Mr. Dowse, who had appeared for Mr.
George Magnay on the former occasion, appeared
after the case had commenced.

Mr. Reed said he had no further opposition
against Sir William, but had to apply that the
Rev. Mr. North, who was trustee of one of the sis-
ter's family, might be appointed assignee, or that
the assigneeship might remain in Mr. Sturgin, the
official assignee.
Mr. Sargood thought there was no use to appoint
an assignee. There had been family matters and
suits pending.
Mr. Reed said the suits were over.
Mr. Sargood said there could be no object to ap-
point an assignee.
The officer of the court asked whether there was
any creditor present to nominate an assignee.
It appeared that no creditor was present.
Mr. Commissioner Murphy said he was not dis-
posed to take the case out of the official assignee's
hand. He could do all that might be required.
Before the discussion arose on the question of
assigneeship Mr. Sargood wished to correct a state-
ment which had gone forth that Mr. Marshall had
received £l,OOO, when it should be that 1,000
shares had been obtained.

Mr. Dowse said he had to apply that Mr. G.
Magnay, the insolvent's brother, might be inserted
as a creditor for £3,000 for loans advanced.

Mr. Sargood objected, as Sir William had filed a
bill in Chancery against his brother, and any state-
ment inserted in the schedule might be used against
him.

Mr. Dowse said Mr. G. Magnay was very ill or
he would have attended to prove the debt.
Mr. Douglas, a house agent of Belgravia, claimed
a debt for a ready-furnished; house.
Mr. Commissioner Murphy, after a long discus-
sion, told Mr. Douglas he could sue the moment
afterwards if he had any claim which was after the
vesting order in the case.
Towards the close of the case Mr. Geo. Magnay
came into court. He appeared very ill. He was
sworn and stated that Sir William owed him
£3,000 as a balance of £7,000.
Mr. Sargood said after that statement the claim
would be inserted in Sir William's schedule.

Mr. G. Magnay became very ill, and was with
difficulty taken out of court, the learned counsel
saying, " It's a melancholy case." The insolvent
obtained his final order of protection, and left with
his friends.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—CHELMSFORD, Dec. 3.

The business for the county of Essex was brought
to a conclusion by Mr. Justice Wightman yesterday
evening.
John Taylor, a respectable-looking young man,
was indicted for the manslaughter of Jos. Dawson.
Mr. Bushby prosecuted ; Mr. Taylor defended the
prisoner.
It appeared that on the 10th Sept, the prisoner,
the deceased, and several other young men were at
a public-house in West Tilbury, and the deceased
and the prisoner began sparring together in play ;
but at length they got in earnest, and some sharp
blows were exchanged, and the deceased took off
his coat and waistcoat and insisted upon having a
regular fight. The prisoner, it appeared, did not
wish to fight ; but the deceased insisted that he
should do so, and at length some more blows were
exchanged, and in the course of the scuffle the de-
ceased fell to the ground insensible, and he was
picked up and expired shortly afterwards. All the
witnesses concurred in stating that the fight was
forced upon the prisoner by the deceased, and there
was no evidence to show that the fall was occasioned
by a blow given by the prisoner. The surgeon who
was called in also stated that, although the death
was occasioned by a rupture of one of the blood
vessels of the brain, still this event, he said, was
equally attributable to a fall as to a blow.
Mr. Tayler, at the close of the case for the pro-
secution, submitted that there was nothing to go to
the jury against the prisoner. Even supposing,
he said, the jury should be of opinion that a blow
given by the prisoner was the cause of death, he
submitted that as the deceased was clearly the ag-
gressor, the prisoner. was justified in protecting
himself, and all that he did wits merely in self-
defence,

Mr. Justice Wightman said that undoubtedly
before the jury would be justified in convicting
the prisoner they must be satisfied that by some
blow or act of his he had occasioned the death
of the deceased, and the jury would not in such
a case as this criticise the conduct of a prisoner
too harshly. The struggle appeared to have been
conducted fairly between the parties, and the de-
ceased had evidently forced the affair upon the pri-
soner, and under these circumstances, even if the
jury should be of opinion that the blow struck by
the prisoner wa's the cause of death, still, if they
should think he struck that blow to protect himself
and did not use any more violence than was neces-
sary to effect that object, they ought not to con-
vict him of manslaughter.
The jury immediately returned a verdict of not
guilty.
Robert Maynard, 42, was charged with stealing
381 b. of lead, the property of her Majesty's Princi-
pal Secretary of State for War.

Mr. I. F. grnith conducted the prosecution.
The prisoner, it appeared, was employed as
plumber's labourer upon the Government works at
Waltham-cress, and he was stopped by a policeman
carrying a bag, which, on being opened, was found
to contain a quantity of lead that had been taken
from the works.

He was found guilty, and, as it appeared that he
had beeii in gaol already for three months, the
learned judge only sentenced him to undergo a
further imprisonment of a fortnight.
The commission for the coanty of Kent will be
opened.on Monday next, at Maidstone.

the 10th of September last, and stealing Bs. from
the person of a pitman named Walker.
Mr. Seymour prosecuted, and Mr. Price defended
the prisoner. _

It appeared that the prisoner and the prosecutor,
with others had been drinking at the Blaydon
Hotel, at WTinlaton, on the night of the 10th of
September last. The prisoner left the house, or
was turned out, about 11 o'clock at night, and soon
after the prosecutor rose and left the house. The
prosecutor, by his own account, had 19s. in his
pocket at the time. As soon as he got outside he
was seized by the neck and thrown down, and his
pocket rifled of Bs. of his money by the prisoner, to
whom he swore positively. They were struggling
together some time, and he called out " Tom
Tralear," the name of the landlord's son, to come
and help him, and the servant came to the door and
saw the two men struggling on the ground. The
prisoner was afterwards taken into custody in bed
that same night, and only 2s. 21-cl. in money was
found upon him, which, for the defence, it was sug-
gested was the balance of a half-crown he had got
in the public-house that night for a "pick" he had
"raffled," after deducting 30. for a bottle of
ginger beer and some tobacco. It was suggested
for the defence that the two men had had a quarrel,
and that the prosecutor was worse for liquor, and
there was no sufficient proof that he had lost Bs.
The jury found the prisoner guilty.
Sentence was deferred.

Lawrence Crowley, aged 19, was indicted for
highway robbery with violence, at Gateshead, on
the 6th of November last, and stealing from the
person of Robert Bewick -17 s. 3d.
The Hon. A. Liddell prosecuted, and Mr. R.
Fowler defended the prisoner.
It appeared that the prosecutor is a "puddler" in
the employment of Messrs. Hawks and Crawshaw,
ironfounders, of Gateshead, and on Saturday, the
November last, after receiving his wages, £1 ls. Bd.,
he walked about Newcastle, and was on his way
home, over the high level bridge to Gateshead,
when near the foot of that bridge, on the south bank
of the river, a man ran out of a gateway,and striking
him a blow on the chest, tripped him up. As
soon as he fell the man threw himself upon him,
and got hold of his neckerchief. The prosecutor,
however, succeeded in raising himself on his knees,
and throwing the man who assailed him over. That
man was the prisoner, whom he had seen several
times, and whom he could distinctly see by the
light of some coke ovenland a gaslight. Two other
men then rushed out of the gateway and kicked
him while down. He succeeded, however, in again
getting up, when a fourth man from the gateway
threw a large stone at him, which struck him on the
hip-joint and disabled him. He then called out
" Police," and the prisoner said to him, " If you do
that again I'll jump your guts out." The prisoner
then took 17s. 3d. out of his pocket, still holding
him tightly by the neckerchief, and the men all
made off. Next day the prosecutor and a police-
man went to a house in Gateshead, where the pri-
soner was found with his coat off, with some girls.
The prosecutor immediately said, " That's the
man.' The policeman then asked him his name,
and he said it was " John Thompson." He was
then charged with robbing the prosecutor on the
South Bank, and he replied he did not know where
the South Bank was. Several witnesses were called
who knew the prisoner, and who described his
dress on that day as the same the prosecutor de-
scribed it, and one witness met him that night
near the bridge soon after the robbery. For the
defence it was urged that the identity of the pri-
soner was not satisfactorily established.
His Lordship having summed up,
The jury found the prisoner guilty.
Sentence was deferred until to-morrow morning.
There remains only a charge of cutting and
wounding to try, and these assizes are finished.

OXFORD CIRCUIT.—STAFFORD, Dec. 3.
(Before Mr. Baron Bramwell.)
CHARGE OF MURDER.
Edward Garbett and Charles Welch was indicted
for the wilful murder of John Springthorpe, at
Walsall, in August last.
Mr. Scotland and Mr. Holroyd prosecuted, and
Mr. Motteram and Mr. S. Hill defended.
It appeared from the evidence that on the even-
ing of the 21st August the deceased was at the house
of Garbett, and while there lost a watch, which he
he inquired about, and imputed to Garbett that he
had stolen it. After this the two prisoners went to
the deceased's house, and told him to come out, for
he " was going to be killed." Springthorpe went
out, on which he was set upon by the prisoners and
knocked down, and he died from the effect of a
severe blow on the throat.
His lordship told the jury that the charge of wil-
ful murder was not sustained by the evidence, and
The jury found the prisoners guilty of man-
slaughter.
Sentence, three monthss' imprisonment.

WESTERN CIRCUIT.—WINCHESTER, DEC. 3,
(Before Mr. Justice Byles.)
ARSON.

William Russell, a boy 11 years old, was indicted
for feloniously setting fire to certain barley, the
property of Mr. Wm. Francis Digwood, on the
25th August last.
Mr. Yonge prosecuted, and Mr. Cooke defended
the prisoner. _

Mr. Rivers, bailiff to Mr. Digwood, said he was
at Basingstoke market when news reached him that
the farm was on fire. He went home, and found a
fire raging, which destroyed 12 wheat ricks, the
produce of 56 acres of barley, 34 acres of oats, 12
acres of rye grass, a quantity, of thrashed wheat,
five barns, three stables, eowhouses, fowlhouses,
pigsties, thrashing machine, a horse, ten pigs, and
other property to the value of £5,000. From fur-
ther evidence, it appeared that the prisoner was
seen to come from the barn whilst the harvest men
were at their dinner, and though his attention was
called to the smoke from the barn, he merely ele-
vated his whip and went en. When taken into
custody, he said he took a match from his uncle
Henry's pocket, and struck it against the barn door,
and threw it down against a cart wheel, andlighted
the barley with it. The facts were not disputed by
Mr. Cooke, the prisoner's Counsel, who could only
suggest that the act was done inadvertently, and
without any malicious' intent, but the learned judge
instructed the jury that setting fire, even as a
childish freak, and without any malicious intent,
was still a crime amenable to the law, or children
would be the most dangerous creatures in the world.
The boy was found guilty, and sentenced to three
months' hard labour in the first place, and then to
be confined in the Hampshire Reformatory School
for five years.

CHESTER CIRCUIT—CHESTER, DEC. 3.
(Before Mr. Justice Hill.)
RIOT.

James Adshead, 22, Luke Berry, 23, Richard
Boardman 29, Thomas Higginson, 19, Samuel Hod-
son, 26, James Howard, 19, Charles Moores, 22,
Joseph Needham, 30, Frederick Nixen, 32, Wm.
Smith, 28, and Thomas Sutton, 25, ,were charged
with riotously assembling with divers others per-
sons to disturb the public peace, and assaulting
John Hopwood, at Dukinfield, on the 19th Nov.,
1158.

Mr. Beavan (with whom was Mr. W. Foulkes),
on behalf of the prosecution said he had an appli-
cation to make to the court in this case. No con-
siderable violence had been committed; the cause
of the riot was at an end ; and it was proposed that
the prisoners should plead guilty to the charge,
and enter into their own recognisances to come up
when called upon toreceive judgment, He thought
such a course would answer the ends of justice,
should it meet with:the approbation of his lordship.
Mr. M'lntyre, on behalf of some of the prisoners,
said since the prisoners had been taken into cus-
tody an arrangement had been entered into be-
tween some of the masters and the colliers ; an
advance of wages had been granted ; and the men
had returned to their work ; the cause of the riot
was therefore at an end. lie felt bound to say that
if ever there had been a mild riot, the one with
which the prisoners were charged was the mildest.
Mr. Brandt and Mr. Morgan Lloyd, on behalf
of others of the prisoners, concurred in the obser-
vations made by Mr. M'lntyre.
His lordship said, so far as the court was con-
cerned, he was perfectly content with the arrange-
ment proposed. lie was bound to say that if any
persons appeared in that or any other dock, charged
with rioting, if found guilty, they would be visited
with a very severe sentence.
The prisoners then pleaded to the indictment,
were bound over in their own recognistnees to
come up to receive judgment when called upon,
and were discharged.

POLICE INTELLIGENCE.—Dec. 3.

MANSION-HOUSE.—Henry Belcher. clerk in
the service of Messrs. Ridgway and Drake, notaries,
of 28, Royal Exchange, was _ charged before the
Lord Mayor with embezzling the moneys of his
employers, under the following circumstances :
Mr. A. Ridgway-, one of th prosecutors, said—
It was the duty of the prisoner to attend to our ge-
neral business of conveyancing, in the course of
which he would have intercourse with Mr. Able-
white. He would have known that money was due
from that gentleman to the firm, but he had no
authority to apply to him for it. I had given him
directions not to receive money. on account of the
firm. The account produced. is in his handwrit-
ing, but it was made out without my authority,
which was quite contrary to my orders.
Mr. E. Ablewhite, a coachmaker,inMount-street,
Grosvenorsquare, said--I owed the prosecutors
some money for professional oerfict'ff: About 'a

month ago the prisoner called upon me, and asked
for payment of the prosecutors . account. I paid
him £5 155., and he gave me a receipt to the ac-
count produced. He also gave me a counterpart of
a lease, instead of the lease itself. Upon my telling
him that I thought this was an error, he said he
would rectify it by bringing the lease on a
future occasion. I believed he was authorised to
receive the £5 15s, otherwise I should not have
paid it.
Mr. J. Adamthwaite, clerk to the prosecutors,
said that on the 31st July last he handed the pri-
soner £3, to enable him to pay some legacy duty at
Somerset-house, in the matter of the executors of a
deceased lady. The prisoner gave him the voucher
produced for the £3.
Mr. J. Brown, examiner of legacy duties at
Somerset•house, stated that no warrant had been
issued for the receipt of the £3 referred to by the
last witness.

H. G. Pagden, clerk to Messrs. Webb, provision
merchants, Southwark, said—On the 11th of No.
vcmber last the prisoner called at our counting-
house with a power of attorney which had been
prepared by the prosecutors for my employers. He
also brought the account produced for £4 14s. I
drew a cheque for the amount, and handed it to
Mr. J. R. Webb, who signed it, and delivered it to
prisoner in my presence, who gave a receipt for the
same.

Mr. A. Ridgway was further examined, and said
—The account of Messrs. Webb was made out
without my authority. It was expressly contrary
to his duty to receive that money on our account.
He had no right to receive the £3 referred to by
Mr. Adamthwaite, until I had sanctioned the gene•
ral residuary account, and it was ready to be passed
at Somerset-house, which I had not done.
The prisoner, with a great deal of assurance,pro-
ceeded to cross-examine Mr. Ridgway, but did not
elicit anything that told in his favour.
The Lord Mayor, after giving the prisoner the
usual caution, asked him whether he had anything
to say in answer to the charge ?
Prisoner—l wish to declare solemnly that I had
no intention 'whatever to defraud. The moneys I
intended to return. I never intended in any way to
retain them.

The officer inquired what he was to do with £3
16s. 9d. that he found on the prisoner.
The Lord Mayor—The prosecutor will apply to
the court at the trial, and will be ordered to be de-
livered up to him.
Robert Maggess, a ticket-of-leavc man, was
charged with smashing.
Mr. H. Hills, landlord of the Rose and Crown
Inn, Lower Thames-street, said that on the preced-
ing Saturday evening the prisoner entered his
house and asked for half a quartern of spruce and
water, in payment of which he tendered a counter-
feit half-crown. Witness, from his manner, sus-
pected he was an old hand, at passing bad money,
and forcibly detained him in the tap-room till an
officer arrived.

The Lord Mayor—Did you tell him it was a bad
half-crown ?

'Witness—Yes, my lord, after I got the right side
of him, and shoved him into tho tap•room. He then
begged of me to give him his umbrella, which he
had left at the bar. I refused to do this. He next
asked for his spruce and water. While I was get-
ting this I noticed him stoop by the coal-shoot.
After I returned from the station-house, I was in-
duced to say to a seaman, " I wonder whether he
planted anything when he stooped by the coal-
shoot ?" The seaman then put his hand down and
picked up the eight counterfeit half-crowns pro-
duced, wrapped in paper.
8.. Bryant deposed to his having found the eight
counterfeit half-crowns by the side of the coal-shoot.

Constable 518 said that he found upon the pri-
soner 12s. 41d. in good money, a locket, chain,
ring, banker's pass-book, and several blank cheques.
Foulger, another constable, said that the pri-
soner, who gave a false address, had just been re-
leased from four years' penal servitude.
The prisoner was fully committed for trial.
The Lord Mayor, after sentencing several thieves
to various periods of imprisonment, said—ln nearly
every case of picking pockets that comes before me
the property is-proved to have been abstracted from
the outside pocket. I would therefore recommend
the public for the future to order their tailors to
make pockets inside their coats instead of outside.
Matthew Broadhurst was charged before the Lord
Mayor with being a deserter from the Royal Artil-
lery.
G. Stevens, bombardier at Woolwich barracks,
said—The defendant came to me on Tower Hill, on
Wednesday, and I was about to apprehend him,
when the sergeant came up and took him into cus-
tody on the charge of being a deserter.
Cross-examined by the defendant—l knew you
were a deserter. We had two pints of ale together.
You did not give yourself up as a deserter to me,
otherwise I should have given you into custody.
Defendant—He has been with me on the recruit-
ing service, and he knew me to be a deserter, and
having been in his company half an hour, it was
tantamount to giving myself up.
The Lord Mayor—You did not surrender your-
self. You did not state so to the bombardier. You
were given into custody by a recruiting sergeant.

The defendant was anded in order that the
authorities at the Home-office might be communi-
cated with.

GUILDHALL.—John Cartwright, a draper, 6,
Bousfield-terrace, Holloway-road, was charged with
unlawfully conspiring, with others, to cheat and
defraud. He was also charged with obtaining £2OO
worth of goods of Messrs. Castle and Co., of Love-
lane, under false pretences.
Mr. Albert Turner, of the firm of Messrs. Sole
and Turner, of Aldermanbury, appeared for the
prosecution ; and Mr. Lewis, jun., of Ely-place,
attended on behalf of the prisoner.
The evidence in this case went to show that in
August last the prisoner' called upon Messrs.
Castle and Co., and after. representing that he
had a capital of £6OO, besides fixtures and furni-
ture to the value .of £l3O, referred them to Mr.
Cotter, of 9,
.Albert-square, Commercial-road
East, who, he said, was the executor of his
father's will, under which he derived his capital
of £6OO. Mr. Cooper was accordingly communi-
cated with and confirmed the prisoner's statement,
at the same time stating that the property had
realised more than was expected, and that the pri-
soner would have over £7OO as his share. The
prisoner had previously- said that his father's name
was Charles Cartwright, that he was a watchmaker
at Cheltenham, and that he died in 1848. Upon
these representations the prosecutors supplied the
prisoner with goods to the amout of £2OO, but the
prisoner's orders poured in so thick upon them that
they thought it advisable to obtain Cooper's gua-
rantee, which he had offered them when first ap-
plied to, and a guarantee for £2OO was accordingly
given by Cooper ; but shortly afterwards both the
prisoner and Cooper vanished from their respective
residences. Although the prisoner had been found,
no trace of the goods had yet been discovered.
These facts being in evidence., witnesses were called,
who stated that no such person as Charles_ Cart-
wright had resided at Cheltenham for many years
prior to 1848.
The delivery of the goods having beekn.proved,
and the identification of the prisoner established, he
was fully, committed for trial on both charges.
The prisoner was then charged with obtaining
£2O worth of goods of Mr. Stone, a brace and button
manufacturer, of 126, Wood-street, under precisely
similar circumstances ; but as the prisoner had not
entered into the same minute details in the repre-
sentations he made, the evidence failed to negative
them in the most material points, and the charge
was therefore not proceeded with.

FROM THE GAZETTE 'OF YESTERDAY.

WHITEHALL, DEC. 2

The Queen has been pleased to appoint the Rev. John
Caird, M.A., to be one of her Majesty's Chaplains in Ordi-
nary in Scotland, in the room of Dr. James Paul, de-
ceased.

FOREIGN-OFFICE, DEC. 1.
The Queen has been pleased to approve of Don Balbino
Cortes as Consul at Singapore for her Majesty the Queen
of Spain. •