The Sun.
London, England, 1858-12-11 00:00:00

EVENING, DECEMBER 11, .858.

tic fever. I attended him once or twice in 1852.
I attended him several times in 1853. I remember
As being brought home by the police.- He was
nearly insensible—stupidly drunk. From the sub-
sequent effects I should judge that he had been
drinking for several days. He was very much
shaken by it, but not actually in a state of delirium
tremens. The effects lasted several days. I at-
tended him several times for the same sort of thing
between 1853 and 1855, when Dr. Jefferson was
called in to consult. I afterwards attended him
for similar attacks in 1856, up to his death in No-
vember of that year I certified that his death was
caused by delirium tremens.
Thos. Evans said—l am a sergeant in the police,
and was in the police in 1853. In consequence of
instructions I did my best to find the late Mr. Hut-
ton, and found him at a private hoac,e in Paul-
street, West Ham. I made my way upstairs, and
found him insensible from drink in bed. There was
part of a bottle ofbrandy by the bedside. I remained
two hours,and when he became sensible he was very
excited. He said he would not come until I threa-
tened to send for his wife. There was a woman and
a lad there. He consented at last to go with me,
and I took him to his house at Dolby-terrace. He
was much better then, On two other occasions I
found him in the same state, and the last time he
was not with the same woman.
Inspector Brennan said—ln 1856 on three occa-
sions I found Air. Hutton drunk and took him home.
Thomas Rands said—l am the son of the person
with whom Mr. Hutton had a connexion. My mo-
ther lived at Kennington previous to 1851, and then
went to live at West Ham. I saw Mr. Hutton
fre fuently. Before 1851 Mr. Hutton was moderate
in his habits. I saw him at West Ham for three
weeks in 1853, and during the whole of that time
he was in a drunken state. He would drink a
bottle of brandy a day. I have been sent by kim
to fetch it.
Mrs. Mary Lewis—l am a sister of Mrs. Rands,
who is dead. I had known Mr. Hutton ever since
he was quite a youth. I saw him every day that
he was at West Ham, during the three weeks he
was drunk there. I had seen him there before June,
1853, two or three times. I never saw him there
after June, 1853.
Cross-examined—With the exception of the
drunken fit in 1853 I never saw him exactly drunk.
Re-examined—l have seen him rather fresh.
To the Judge—l only saw Mr. Hutton on two
occasions at West Ham previous to June, 1853, and
not at all afterwards.
Mr. Sergeant Shee, in addressing the jury for the
office, laid great stress on the fact that Dr. Cobb
was not the usual medical attendant of the deceased,
and that by the false repre..;entation that he was the
policy was void.
Lord Campbell interrupted the learned counsel
to put upon his notes the evidence as to this point,
his attention not having been previously directed
to it.

Mrs. Hutton was recalled, and, in reply to his
lordship, said Dr. Cobb had known her ever since
she was a girl, and she called him in to attend her
husband the lat: er end of 1851. Dr. Cobb attended
again in 1852, but sho did not call him in again,
because he had retired from prze,:ee.
Mr. Sergeant Shee resumed his address, submit-
ting that there were men of all ranks who got
drunk on the sly, and Mr. Hatton was one of
them ; that Mr. Hutton led two separate existences
—a respectable existence between 9 and 4 o'clock,
and a drunken existence between 7 and 2 ; that
Mr. Hutton had formed an illicit connection with
Mrs. Rands, and spent his evenings there in such
enjoyment as he'could obtain from drinking brandy,
and that the very fact of his dying at the age of 41
of delirium tremens conclusively proved long pre-
vious and continued habits of intemperance.
Mr. James, for the plaintiff, characterised the
attempt to vitiate the policy because Mr. Hutton
gave the name of Dr. Cobb as a medical attendant
as a miserable quibble—an afterthought when the
office found the case of delirium tremens melt away
by their own evidence. The previous question was,
"What has been your condition of health for the
last five years ?" Mr. Hutton said, " Good," and
gave the name of Dr. Cobb, because Dr. Cobb was
the only medical man who knew his state of health
for the previous five years. The learned counsel
contended that down to 1854 Mr. Hutton, though'
he gave way to excess on one occasion in 1853,, was
generally of temperate habits, and that Mr Bislk,p,
the chairman of the company, who bad probably
received his debt out of the loan raised by the
policy, had not been called to contradict the many
witnesses who had proved the deceased to be a
temperate man.
The learned Judge summed up. He could by no
means commend the practice of life assurance offices
professing that their policies were to be indisput-
able'. He had previously expressed his disappro-
bation of it„ and. he ,was glad to be told that the
more respectable offices had ceased to introduce
such words into their prospectus, because they ee--
tainly had a tendency to: produce delusion—he
would not say fraud. His Lordship, in reading
over the evidence, remarked upon Eliza Gaby, that
her deportment in the witness box was by no means
satisfa6ory in his eyes.
The jury found, without hesitation, that when
the policy was effected the deceased was a tem-
perate man, and that there was no attempt at fraud.
Lord Campbell asked whether they considered
1);.. Cobb was the ordinary medical attendant of
Mr. Hutton, intimating that he should, in the event
of their saying he was not, then ask whether Mr.
Hutton made that statement with a fraudulent in-
tention.
The Foreman—May. we take into consideration
the previous question in the proposal, as to what
had been Mr. Hutton's general state of health for
five years previously ?
Lord Campbell—l think you may fairly take the
two together.
The Foreman—We consider that although Mr.
Clifton was Mr. Hutton's attendant in 1854, still
the naming Dr. Cobb was right, and that there was
no attempt to mislead or defraud.
Mr. Sergeant Shee--That is no answer to the
question, my Lord.
Lord Campbell—Yes, it is. The jury say that
Dr. Cobb may be considered the ordinary attendant
in their opinion, and that there was no attempt to
' deceive or mislead.
Mr. Sergeant Shee—Will your Lordship ask
if there was another ordinary medical attendant?
Lord Campbell—l will ask no more questions,
Mr. Jamcs—The company did not ask Mr. Hut-
ton if he had two medical attendants.
The Foreman—Consequently we find our verdict
for the plaintiff.
Mr. Sergeant Shee—Will your Lordship stay
execution ?
Lord Campbell—l shall consider about that.
Mr, James—l trust that your Lordship will not
do so without ordering the company to bring the
money into court.
Verdict for the plaintiff—Damages, £2,500.

tion. The sentence of the Court was that she
should be imprisoned for two days, and, that time
having expired, she would at once be discharged.
The poor creature clasped her hands and thanked
the judge, and was removed from the court in a
fainting state.

OXFORD CIRCUIT.-GLocEsTER, DEC. 10.
(Before Mr. Justice Erle.)
William Henry Perrin, a grocer at Charfield,
was accused of ravishing the youngest sister of his
own wife, a respectable•looking young girl, named
Catherine Allway, in his own house.

After a lengthened trial the jury found the pri-
soner guilty.
The mother of the prisoner's wife then came for-
ward into the witness-box, and entreated the
learned judge to have mercy on the prisoner, upon
the ground that his wife was about to become the
mother of a seqond child, and it would be the death
of her.

Mr. Justice Erle, after a pause of a few moments,
said that, sorry as he was to add to the misery of
the family, he should be wanting to public justice if
he did not pass upon him a signal sentence. His
Lordship sentenced the prisoner to 15 years' penal
servitude.

FROM THE GAZETTE OF YESTERDAY,

WHITEHALL, DEC. 8.

The Queen has been pleased to direct letters patent to be
passed, under the Seal appointed by the Treaty of Union
to be kept and made use of in place of the Great Seal of
Scotland, appointing William Smythe, of Methven, Esq.,
the Right Hon. Sir John M'Neill, K.C.8., Sir James Fer-
gusson, of Kilkerran, Bart., Sir Andrew Orr, hnt., and
Duncan Maclaren, Esq., to be her Majesty's Commissioners
for inquiring into matters relating 1„o the public roads in
Scotland.

WHITEHALL, DEC. 10.

The Queen has been pleased to present the Rev. Harvey
Goodwin, D.D., to the Deanery of Ely, void by the death
of Dr. George Peacock, late Dean thereof.
FOREIGN OFFICE, DEC. 7.
•

The Queen has been pleased to approve of Mr. Adolph
Schlostein as Consul at Melbourne for the Free Hanseatic
City of u Hambrgh.

The Queen has also been pleased to approve of Mr. Carl
Schutze as Consul at Singapore for his Royal Highness
the Grand Duke of Oldenburgh.
WAR-OFFICE, PALL-MALL, DEC. 10.
Ist Regiment of Dragoon Guards—Lieutenant Joseph
Ernest Edlmann to be Captain, by purchase, vice Sir
Thomas Gresley, Bart., who retires ; Cornet William
Edward Marsland to be Lieutenant, by purchase, vice
Edlmann. •
11th Light Dragoons—Lieutenant John M‘Loughlin to be
Adjutant, vice Yates, who resigns the Adjutancy only.
Coldstream Guards—Henry Robert Brand, Geat., to be
Ensign and Lieutenant, without purchase, vice S.
T. Mainwaring,' who resigns.
3d Regiment of Foot—Lieutenant Henry Thomas Anley
to be Captain, by purchase, vice Wainman, who retires;
Ensign Felix Thomas Jones to be Leutenant, by pur-

. -
chase; vice 'Anley.
7th Foot—Captain Robert Blackall, from the 75th Foot, to
be Captain, vice Malan, who exchanges.
11th Foot—The Christian names of Captain Bourke are
" Paget John."
12th Foot—To be Lieutenants—Lieutenant Henry M.
Lowry, from the 96th Foot, vice Williams, who ex-
changes; Lieutenant Francis Thomas Elwood, from the

47th Foot, vice Meyer, who exchanges.
14th Foot—To be Lieutenants, by purchase--Ensign Henry
John Harrington, vice Saunders, promoted; Ensign
James Townsend Edwards, vice Vernede, promoted;
Ensign John Brackfield Frizell, vice Le Mesurier, pro-
moted.
23d Foot—Ensign Archibald Robert Winstanley,to be Lieu-
tenant, without purchase, vice Tobiu, deceased ; Ensign
Frederick Gerard to be Lieutenant, without purchase,
vice Winstanley, whose promotion without purchase on
the 18th October, 1858, has been cancelled.
24th Foot—Lieutenant Charles F. Lloyd, from the 3d West
India Regiment, to be Lieutenant, vice Landon, who
exchanges.
31st Foot—Brevet-Lieutenant-Colonel Frederick Spence to
be Lieutenant-Colonel, without purchase ; Captain Chas.
James Orton Swaffield to be Major, without purchase,
vice Spence ; Lieut. Alexander Mitchell to be Captain
without purchase, vice Swaffield; Ensign John. T.
Austin Gardiner to be Lieutenant,:without purchase, vice
Michell ; Assistant-Surgeon Charles Herve Giraud, from
the Staff, to be Assistant-Surgeon.
36th Foot—Ensign Clements Moffatt Bond, from Ali) 80th
Foot to be Ensign, vice Michell, who exchanges.
47th Foot—Lieutenant Henry Adolphus Meyer, from the
12th Foot, to be Lieutenant, vice Elwood, who exchanges.
54th Foot—Assistant-Surgeon Chas. Bartholomew Mathew,
from the Staff, to be Assistant .Surgeon, vice O'Donovan,
appointed to the Staff.
63d Foot—Thomas Atkinson, Gent., to be Ensign, by pur-
chase, vice Bernard Hermon, whose appointment has
been cancelled.
75th Foot—Captain Charles H. Malan, from the 7th Foot,
to be Captain, vice Blackall, who exchanges.
80th Foot—Ensign Thomas Bernard Michell, from the
36th Foot, to be Ensign, vice Bond, who exchanges.
81st Foot—Lieutenant Richard Swill to be Instructor of
Musketry.
83d Foot—Ensign William Forbes Anderson to be Lieute-
nant, without purchase, vice Meurant, promoted in suc-
cession to Colonel Trydell, promoted to be Major-
General.
84th Foot—John Henry Bradshaw Isherwood, Gent., to be
Ensign, by purchase, vice Hassan, promoted.
85th Foot--Ensign William Henry Drage to be Adjutant,
vice Lieutenant Ashe, who resigned that appointment.
89th Foot—Major William Boyle to be Lieutenant-
Colonel, without purchase, vice Philipps, deceased ;
Capt. John Atkinson to be Major, without purchase. vice
Boyle ; Lieut. AUgustus Breedon to be Captain, without
purchase, vice Atkinson ; Lieut. John Arthur Barstow
to be Captain, by purchase, vice Conyers, who retires;
Lieut. Montague C. Brow ing to be Captain, by purchase,
vice Tom, who retires; Ensign Robert G. Newbigging
to be Lieutenant, without purchase, vice Breedon ; En-
sign Robert F. Harrison to be Lieutenant, by purchase,
vice Barstow; Ensign Wm. Pott to be Lieutenant, by
purchase, vice Browning.
93d Foot—Lieut. RollandV. S. Grimston to be Captain, by
purchase, vice Snrot, who retires ; the promotion of En-
sign G. J. M. Taylor to be in succession to Capt. Mc-
Donald, killed in action, 11th March, 1858, and to be
antedated to 12th March, 1853 ; Ensign R. K. A. D.
Cunyngham to be Lieutenant, without purchase, vice
Goldsmith, removed to the Royal Canadian Rifle Regi-
ment; Ensign John E. Deans-Campbell to be Lieute-
nant, by purchase, vice Grimston; Quartermaster-Ser-
geant Wm. Forbes to be Ensign, without purchase, vice
Cunyngham.
96th rood—Lieut. H. L. Williams, from the 12th Foot, to
be Lieutenant, vice Lowry, who exchanges.
3d West India Regiment—Lieut. F. J. Green to be Cap-
Min' by purchase, vice Dalrymple, who retires ; Lieut.
J.H. H. Landon, from the 21th Foot. to be Lieutenant,
vice Lloyd, who exchanges.
HOSPITAL STAFF.

Surgeon Arthur S. Thomson, M.D., 58th Foot, having
completed twenty years' full-pay service on the 18th Oct.,
1858, to be Surgeon-Major, -Limier the Royal Warrant of
Oct 1, 1858.

Assistant-Surgeon Daniel O'Donovan, M.D., from the
54th Foot, to be Assistant-Surgeon, vice Giraud, appointed
to the 31st Foot.

BREVET,

The Commission of Sir Edward Lugard, K.C.8., as a
Major-General, has been antedated to 20th July, 1858.
Lieut.-Colonel W. C. Kennedy, retired full-pay, sth
Foot, to be Colonel in the Army, the rank being honorary
Con.
ptain H. Clerk, Royal Artillery, to be Major in the
Army, in place of Brevet-Major 1 hompscn, 14th Light
Dragoons, promoted in Gcrette of 26th November, 1858, in
succession to Lieutenant-General Lightfoot, deceased, this
officer having been promoted for service in the field, with
date of 20th July, 1858.
The undermentioned promotions to take place in succes-
sion to Colonel Savage, of the Royal Engineers, promoted
to be Major-General, in succession to Lieutenant-General
Fanshme, deceased :
Brevet Lieutenant-Colonel Edward S. Farmar, Captain
Unattached, Staff-Officer of Pensioners, to be Colonel.
Brevet Major William Child, Captain Unattached, Staff-
Officer of Pensioners, to be Lieutenant-Colonel.
Captain William Charles Vanderspar, Ceylon Rifle
Regiment, to be Major.
COMMISSIONS BY
-LORDS LIEUTENANT.
. .

Regiment of Royal Perthshire Rifle Militia—George D.
Mercer, Gent., to be Captain, vice Stein, retigned.
76th or Highland Light Infantry Regiment of Militia—
Duncan Dougal M'Leod, Esq., to be Ensign.
Light Infantry Battalion of the Royal Sussex Militia—
Edward G. Peyion, Gent., to be Ensign, vice Orme, Fro-
moted.

Artillery Battalion of the Royal Sussex Militia—Barton
Land John Scobell, Gent., to be Second Lieutenant, vice
Jones, resigned. __ _ _

3d or Royal Westminster Light Infantry Regiment of
Middlesex Militia Samuel John Unwin, Gent., to be
Lieutenant, vice Walker, resigned.
Hertfordshire Militia—Alexander George Bax, Gent., to
be Lieutenant; Ernest Ibbotson. Gent., to be Lieutenant,
vice William Henry Frederick Crossman, resigned.
3d Regiment of the Dn'le of Lancaster's Own Militia—
Ensign William Henry White to be Lieutenant, vice
Michael Fenton, resigned ; Ensign Francis Law to be
Lieutenant, vice Charles Goring Minnett, resigned.
2d Regiment of Warwickshire Militia—James Franklyn,
Gent., to be Ensign, vice James llyatt Taylor, promoted.
West York Rifle Regiment of Militia—Ensign Charles
Fox Oxley to be Lieutenant, vice Kindersley, promoted;
Samuel Backhouse, Gent., to be Ensign, vice Oxley, pro-
moted.

4th Regiment of West York Militia—Ensign John Shir-
ley Terry to be Lieutenant, vice Joseph Hartley, promoted;
Ensign Arthur Hay Maude to be Lieutenant, vice John
Kendall, appointed Quartermaster ; Ensign Wm. Mather
to be Lieutenant, vice Henry Robert Fraklyn, displaced.
MEMORANDUM.
4th Regiment of West York Militia—The Commissions
of Ensigns Henry Chayter and Charles Thomas Canty are
cancelled.

Ist Durham Regiment of Militia—Charles James Briggs,
Gent., to be Lieutenant.
2d Regiment of King's Own Staffordshire Militia—Lieut.
Cecil Henry :Crampton to be Captain, vice Viscount San-
don, resigned.

RESIGNATIONS.
Ist Royal Surrey Militia—Ensign George Robert Mas-
call, resigned, appointed to the Bedford Militia; Lieutenant
William Uvedale Miller, resigned, appointed to the 38th
Regiment of Foot.

2d Royal Surrey Militia—Captain William Wight, re-
signed, permitted to retain his rank and wear his uniform ;
Captain Henry Weston, resigned.

BANKRUPTS.

George Ekins Arnsby, boot and shoe manufacturer, Earls
Barton, near Northampton, to surrender Dec. 22, at half-
past twelve, and Jan. 24, at twelve, at the Court of Bank-
Henry Williams, laceman, Southwark, Dec. 21, at twq,
and Jan. 18, at half-past twelve, at the Court of Bank-
ruptcy.
Giuseppe Liugi Schembri, merchant, Leadenhall-street,
Dec. 24 at one, and Jan. 25 at twelve, at the Court of
Bankruptcy.
William Rogers, publican, Fulham-road, Middlesex,
Dec. 18 at twelve, and Jan. 21 at two, at the Court of
Bankruptcy.
Henry Bevan, licensed victualler, Bristol, Dec. 21 and
Jan. 24, at eleven, at the Bristol District Court.
George William Thomas, shipwright, -Lavender Dock,

,
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opposite the York Hotel, W.

,P.'•""'•••1
SUPPOSED MURDER AND SUICIDE AT
7F4L:.THAM HOLY CROSS.

On Wednetday an inquest was held at Waltham
Holy Cross, bmfore C. C. Lewis, Esq., the coroner,
touching the d 'each of a woman and a male child, at
present unknolvn, when the following evidence was
adduced :

Samuel Willins ale,. of Loughton, labourer, said—
On Sundaymornt ng, between 12 and 1, I was walk-
ing by the pond by the side of the new road, and
saw something it the water like a child. I was
coming away, and. then saw the bag now produced
lying by the side of the water on the top of a pie"'
of furze bush.. I saw .a comb and brush sticking out
side the bag, anii directly took the bag with its con-
tents to the pol:Lce station at Loughton, and gave.it
to a police cons table there. I then returned to ti - e
pond with the police,. and showed them what I
took to be a child, and on taking it out it was found
to be a child, and dressed as it is now. It was about
two yards from the edge of the pond, and about
eight yards from where the parcel was on the furze
bush, I have :no knowledge as to whose child it
was, or how it came by its death.
Sergeant J. Mrenchly said--On Sunday last, at
two in the at, (:ernoon, on arriving at the station at
Loughton, I r ound that the bag now produced and
its contents (three pairs of white stockings, two
crochet nightc. ips, one embroidered collar, one
pocket handkerchief, one napkin, two pieces or
flannel, one piece of soap, one tooth brush, one hair
brush, one small-tooth comb, one large ditto, and
two reels of coloured cotton) had been left by the
last witness, and from information I received from
him I proceeded, in company with two constables,
to the spot spoken of by hint. I was then shown
by him what seemed to be a child lying by the side
of the bank of the pond, abowt 18 inches under the
water, I got it out, and it then appeared in the
same state as it now lies, and was conveyed to
where it now is. From what had been found I sus-
pected that the mother of the child might be in the
same pond, and on Monday morning, having pro-
cured drags, I searched it, and found the deceased
woman in the water, about 10 yards from wherethe
child was lying.
William Parish, of Loughton, labourer, also
stated—On Thursday last I came fr om London by
the train which left Fenchurch-s treet at four
o'clock ; in the carriage with me cam e the deceased
woman and another woman, who appeared to be
friend of hers ; the deceased woman • had the child
in her arms ; just before we got to Loughton the
women inquired of me the distance to Epping—
they said they were going there. :I saw them get
out of the train, near the station - door—that was
the last I saw of them. On the way down I heard
the two women talking. I heard.. the deceased
woman say she had. been in an infirmary and. had
just come out : she said the father of the child
would not keep it.
The inquest was then adjourned till Monday
next at 11 o'clock, to enable the police to produre
some additional information on this mysterious
subject.

COUNTRY MARKETS.

LIVERPOOL-DEC. 10.

The moist and mild weather has caused a dull trade in
grain and flour during the week. The attendance this day
was moderate, and a fair business done in wheat, flour, and
Indian corn at full quotations.
Returns of British wheat this week :
123,987 quarters, at .. 41s 6d
Corresponding week 1867 :
84,922 quarters, at • .
Corresponding week 1856 :
99,673 quarters, at

48s &I

60s lld