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

T E 5 LOI4IDON, WEDNESDAY EVENING, FEBRIJA_RY 3, 1858

THE OBBAT BREACH OF PROMISE CASE
OF BOLT VERSUS FARDELE.

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hags in Mr, Justice Rrle's private room at West-
minster yesterday. The damages are laid at the
enormous fern of 30,000/. ; and u to the present
moment the plaintiff has firmly rep rejected all offers
which have be7,n mode for the settlement of the
case out of court, preferring to go totrial.
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 intimation
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,
the 12th 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 the7peculiar nature of
the case for the plaintiff, will be considerable.
With reference to the case itself, 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 Hon. Mrs.
Charles Frederick Spencer, who is the defendant's
only sister. The Rev. J. H. 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 retainer for the de-
fence.

MURDER EY A MANIAC OP HIS

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:ssa 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-
potit. He conversed calmly in 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 hogs. He says,
for about four or five days something seemed to tell
him he 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 bill, connecting with the room, telling him he
musthave 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
both 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 fathor over tilt head three or four
times midi 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 barred them. This voice
seemed to tell me that their hearts must be
hi-lined. After the deed I washed my hands, and
after remaining in the house a short time left,
and went down te 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 went
down to the house of Harmon Gustin and told
1 them to get me a quart of cider and bottle ; and
after obtaining it leftfor my father's house, with-
out mentioning anything conc-ruing the deed. On
..iaridug, I lay .I.,byn upuu tut, lounge, near my
father and mother, and slept for some time—until
1 near morning; on awaking, I left 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 said, "Here
is Bill." This was about eight rods west of my
father's. They asked me 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 toi my
Mother's house to kill him and his wife. I kicked
the panels of the door in, bat they had gone away.',

LAW INTBLLIGENCE—Feb. 2.

COURT OF QUEEN'S BENCH.

(AitEngs at Nisi Prins.—Before Lord Campbell

and Special Juries.)
This was the first day of the sittings after term.
The list contained 80 causes, of which 25 were
ri nnanets. 18 were marked for special juries.

T .HE 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. Serjcant
Shee, the Hon. G. 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.
It is supported on three seats of piles about 40 feet
apart, and giving a headway of several fest under
the platform. At the end is a dummy, about 90
feet long, at each end of which is a fender com-
posed of a number of piles secured with
stones. The case forthe prosecution which leas sup-
ported by the evidence of several pilots and lighter-
men, was, 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 erect'ou of the pier they were obliged to tack
much sooner, and were exposed to the danger of
being caught by the eddy on the opposite shore
and driven on the chalk stones.
For the defence Mr. James, harbour-master of
the port of London ; Mr. Leach, the engineer: to
the Thames Conservancy Board, and other officials,
were examined. They stated that the pier created
no obstruction at the place where it stood. The
water was so shallow that no vessel could approach
the spot except at the top of the tide. The Folly-
house moorings were lower down, at the same side,
and vessels taking a course to avoid the moorings
would of necessity go some distance outside the
pier The deep water was at the opposite side.
Several lightermen and bargemastera 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,
The jury found a verdict of guilty. •
Judgment deferred.

press for any punishment to be inflicted upon him,
but consented that lie should go at large upon his
entering into a recognisance to appear and receive
judgment if he should bo called upon to do so, but'
with the understanding that no further proceedings
would be taken if the offence complained of were
not repeated.
Mr. Bodkin, having briefly called the attention
of his lordship to what had before taken place, said
that the defendant had not redeemed the pledge
he had given, but on the 18th of January he had
exhibited a meat offensive placard, and on the 25th
of the same month, the day of the marriage of the
Princess Royal, a second, still more disgusting and
offensive, referring to that event, was also exhibited.
This proceeding caused a great crowd to assemble,
and the public peace was disturbed, and the Com-
missioners Of Police therefore felt it to be their
duty to_ put tho law in force, and call upon the
defendant to appear and receive judgment upon the
indictment to which he had pleaded guilty.
The defendant when called upon to state whether
he had anything to urge why judgment should not
be passed upon him, addressed the court in a very
excited manner, and after declaring that the plea
of guilty was given without his sanction, and that
he had been deprived thereby of his rights as an
Englishman, to be tried by a jury, he went on to
justify what he had done, and said that his only
object was to ameliorate the condition of his coun-
trymen, and show them the wrongs they were
suffering at the hands of the government. He also
said that he had effected more cures in his profes-
tdon than any other medical man had done, and
that he had a great number of cases now under his
hands, which no one but himself could cure. He
went on for some time in a very excited and inco-
herent strain, and asserted that he had expended a
fortune in benefitting the condition of his fellow
creatures, and he said he had written six hundred
letters to Lord Palmerston with the same object.
The Recorder, upon whom the demeanour and
language of the defendant had evidently impressed
the idea that his mind was affected, inquired
whether be had any friends present who would take
care of him?

Mr. Bodkin said he was informed that the defen-
dant exercised the profession of a medical man, and
from all he could learn there did not appear to be
any ground for believing that his mind was at all
affected, but, on the contrary, he appeared to know
perfectly well what be was about.
A person in the body of the court said he had
known the defendant for some time, and he had at-
tended him and his family, and he considered that
he was very skilful in his profession. He also said
he believed that the prisoner wa3 actuated by
humane views in the proceedings he had adopted.
The Recorder observed that if the mind of the
defendant was really not affected, it took away the
a 3 it appeared to him, that could be
forlis conduct.
defendant here exclaimed that in order that
obtain his liberty and attend to the
ohpatientsofferedexcuse,
that were under his charge, and which he
was sure nobody else could cure, he would promise,
if they would let him go now, that he would not
Recorder said he should not now pass sen-
tence, but the defendant would be brought up again
repeatTh the offence.
The
on Thursday, and if he had any friends they had
better attend on that day.

Lime•street, as far as London-rand, and then
turned, the cortege being followed by an immense
crowd. The rev. gentleman seemed bewildered
and astonished, but much affected. The design
evidently was to take the car in triumph as far as
the Prince's-park; but on reaching the middle of
Renshaw-street Mr. Gent appeared to remonstrate
against such a kindly, but overpowering, demon-
stration. The horse was brought up, and one or
tiro more immediate friends having leaped into the
car along with him, he was driven rapidly away.
Lime•street was crowded with people for a long
time afterwards.
The witnesses Ware and Gilpin, and some others
who had given evidence, were got out of the court
by a back way, and were escorted by a body of
police until they reached the street, where they ar-
rived unmolested. The female witnesses were so
terrified at the demonstrations of the crowd that
they refused to leave the court till evening. Few
local occurrences have created a greater s-nsation
in Liverpool of late years than this clerical inves-
t igai ion.

From the London Gazette of Last Night.

• LORD CHAMBERLAIN'S OFFICE, FRB. 1.
Notice is hereby given, that her Majesty will hold
Levees at St. James's Palace, on the following days, at
two o'clock : _ .

Thursday, 18th instant.
Wednesday, 10th March next.
Wednesday, 17th March next.
N.B. The Knights of the several Orders are to appear in
their Collars at the Levee on the 17th of March next, it
being a Collar Day.
INDIA. BOARD, FEB. 1.
At page 430 of the London Gazette, January 29, 1858, in
the list of Casualties, for "Captain J. W. Mansfield, Aide-
de-Camp to Chief of the Staff, severely," read " Captain
C. E. Mansfield," &c.
ADMIRALTY, JAN. 30.
With reference to General Sir Colin Campbell's despatch
of the 10th of December, 1857, published in the London
Gazette of the 29th instant, the Lords Commissioners of the
Adna'ralty have this day been pleased to sign a Commission,
promoting Lieutenant James William Vaughan to the
rank of Commander.
FOREIGN-OFFICE, JAN. 15.
The Queen has been graciously pleased to appoint David
Livingstone, Esq., to be her Majesty's Consul in the dis-
trict of Quillimane, Senna, and Tete, on the Eastern
Coast of Africa.,
WAR-OFFICE, PALL-MALL, FEB. 2.
Royal Regiment of Horse Guards—Lieutenant Sir B. P.
Henniker, Bart., to be Captain, by purchase, vice the
Hon. G. W. Milles, who retires ; Cornet and Adjutant
George Bull to have the rank of Lieutenant ; Cornet
Philipilßennet to be Lieutenant, by purchase, vice Sir
B. P. Henniker.
let Dragoon Guards—Captain Thomas Walter Still, from
the 65th Foot, to be Captain (paying the difference),
vice Kemp, who exchanges, receiving the difference.
Gth Dragoon Guards—Thomas Macnaughten Turner,
Gent., to be Cornet, without purchase, vice Grainger,
promoted ; Cornet William Howley Burder to be Lieu-
tenant, by purchase, vice Grainger, whose promotion,
by purchase, on the 4th December, 1857, has been
cancelled.
3d Light Dragoons—Cornet Henry H. Unet, from the 11th
Light Dragoons, to be Cornet, without purchase, vice
Annesley, appointed to 11th Light Dragoons ; Reignald
Piffard, Gent., to be Cornet, by purchase, vice W. H.
Davis, promoted in the 4th Light Dragoons ; John
Ormsby Phibbs, Gent., to be Cornet, without purchase,
vice Lomax, promoted in the 10th Light Dragoons.
4th Light Dragoons Cornet William Elora Davis, from
the 3d Light Dragoons, to be Lieutenant, by purchase,
vice the Honourable F.*. Ellis, promoted.
9th Light Dragoceis—The second Christian name of Cor-
net Starkey, appointed by purchase on the 15th Jan.,
1858, is Stanton, and net Staunton, as previously
stated.
10th Light Dragoons —The second Christian name of Cor-
net Vandeleur, appointed by purchase on the 15th
January, 1858, is Toler, and not John, as previously
stated ; the appointment of Ferdinand Ogilvy Fitz Gerald,
Gent., to a Coraetcy without purchase, on the Bth Jan.,
1854, has been cancelled.
11th Light Dragoons —Cornet John George Annesley,
from the 3d Light Dragoons, to be Cornet, vice Unett,
appointed to the 3d Light Dragoons.
13th Light Dragoons—William Naper Carleton, Gent., to
be Cornet, by purchase.
Military Train—Ensign Vincent Aplin, to be Lieutenant,
without purchase, vice Beatty, who resigns; Ensign
James Bodkin to be Lieutenant, without purchase, vice
Young, who resigns.
Royal Artillery —Assistant-Snrgaen William Tanner, from
the Staff, to ba Assistant-Surgeon; Assistant-Surgeon
William Jaaees Cumming, M.D. from the Staff, to be
Assistant-Burgeon.
Scots Fusilier Guards—Brevet-Colonel Frederick Henry
Turner, from half-pay Unattached, to- ba Captain, and
• Lientenant-Colonel, vice Brevet-Colonel Brooke, who
exchanges ; Lieutenant and Captain and Brevet-Major
the Hon. Alexander E. Fraser to be Captain and Lieu-
tenant-Colonel, by purchase, vice Turner, who retires ;
Lieutenant and Captain and Brevet-Major Reginald
Gipps to be Captain and Lieutenant-Colonel, by pur-
chase, vice Moorsoin' who retires ; Ensign and Lieute-
nant the Hon. W. R. Trefusis to be Lieutenant and
Captain, by purchase, vice Gipps ; Archibald Alexander
Spiers, Gent., to ho Ensign and Lieutenant, by pur-
chase, vice Trefusis.
2d Regiment of Foot—Lieut. A. M. A. Page to be Instruc-
tor of Musketry.
3d Foot-- Ensign James H. Lo Coeq to be Lieutenant, by
purchase, vice Roe, promoted ; Dudley George Cary
Elwo.,
.oent. to ho 170: ig,n, 6yViC3 to Coery.
sth Foot -"To be Captains, without Purchase—Lieut. E.
L. Green; from the Cape Mounted Rifles ; Lieut. T. C.
B. St. George, from the 80th Foot ; Lieut. J. T. N.
O'Brien, from the 70th Foot ; Lieut. S. -B. Kekowich,
from 55th Foot. To be Lieutenants, without purchase
Lieut. C. F. gongh ton, from 5 i th. Foot ; Lieut. S. F.
Sewell; from 57th Foot; Lieut. R. Cook, from 21st

Foot; James Wray, Esq., late Paymaster, Ist Light In-
fantry Regiment, British Swiss Legion, to be Paymascer.
7th Foot—Poulett G. Henry Somerset, Esq., late Captain
and Lieut,-Colonel, Coldstream Guards, having raised a
Battalion of 1,00) Rank and File, to be Lieut.-Colonel,
without purchase. To be Captains, without purchase
—Lieutenant G. Wedderbnrne, from 76th Foot ; Lieute-
nant and Adjutant R. Harbord, from 36th Foot. To be
Lieutenants, without purchase—Lieutenant A. J. Ar-
nott, from 65th Foot; Lieutenant A. Gardner, from
lit Foot ; Lieutenant H. S. Harrison, from 30th Foot ;
Lieutenant W. Hartrick, from Ist Foot. To be En-
signs, without purchase—Edward -Wynne Griffiths,
Gent. ; Vincent Upton Langworthy, Gent. ; Edward
Henry Loveridge, Gent. ; George Holyoake, Gent. ;
William Loraine Geddes, Gent. ; Edward Lloyd Gat-
acre, Gent. ; Arthur Ashton, Gent. ; Charles Godfrey
Bolam, Gent. ; Robert, Fowler Butler, Gent.
11th Foot—The undermentioned appointmints to Ensign-
cies, without purchase, which were published in the
Gazette of the 15th ultimo, have been cancan° l :—Ferdi-
nand George Gambier, Gent ; Hammond Journeaux,
' Gent. • Charles Gregory Way, Gent.
12th Foot— -Ensign Matthew Coke to be Lieutenant, with-
out purchase, vice Fraser, whose transfer from the 42d
Foot, as stated in the Gazette of the 12th January,
1858, has been cancelled.
21st Foot—Edward Essex Dighy Boycott, Gent., to be

.Ensign, by purchase;
3GthFootEdward Dorrion Newbolt, Gent., to be Ensign,
by purchase, vice Sale, promoted.
41st Foot--Lieutenant Thomas Francis Boddington has
been permitted to retire from the Service by the sale of

his Commission.
60th Foot —Pierce O'Brien Butler, Gent., to be Ensign,
without purchase, vice Wilmot, whose appointment, as
stated in the Gazette of 15th January, 1853, has been

cancelled.
65th Foot—Captain John Kemp, from the let Dragoon
Guards, to be Captain, vice Still, who exchanges.
76th Foot-Ensign" John Bland Sawyer to be Lieutenant,
without purchase, vice James Cumming Clarke, pro-
moted ; Lieutenant Luke Edward O'Connor to be Adju-
tant, vice John Cumming Clarke, promoted in 13th
Foot; Sergeant-Major Edward Coghlan to be Quarter.
master, vice Henry Tyler, who retires upon half-pay.
78th Foot--James Erskine, Gent., to be Ensign, without
purchase, vice Caldecott, whose appointment on the 15th
Jan., 1858, has been cancelled.
81st Foot—Ensign John Frederick Jellicoe to be Lieu-
tenant, without purchase, vice Neville, decea_ed ;
Quarteratister-Sergeant Michael Curry to be Easign,
without purchase, vice Jellicoe.
81th Foot —Lieut. William AVG. Keats to be Captain,
without . purchase, vice Eakenbarn, killed in action ;
Limit. Frederick Hardy to be Captain, without pur-
chase,
vice Keats, whose promotion, on 27th Novem-
ber, 1857, has been cancelled ; Ensign Egbert C.
S. Hely to be Lieutenant, without purchase, vice
Keats; Ensign Montgomery Williams to be Lieu-
tenant, by purchase, vice Humphrey, whose pro-
motios, on 14th August, 1857, has been cancelled.
To be Ensigns, without purchase—Sergeant-Major Geo.
Lambert, vice Hely; Ensign Seaton Ralph Forster, from
the 48th Foot, in succession to Lieutenant Sandwith,
killed in action; Ensign Gilbert Walter Coventry, from
39th Foot, in succession to Lieutenant-Gibant, killed in
action; Ensign Frederick Cornwall, from the 6?A Foot,
in succession to Lieutenant Poole, killed in action ; En-
sign George Ralph Hassell, from the. 30th .Foot.
87th Foot--Assistant-Surgeon Philip Brooke Smith, M.D.,
from the Staff, to be Assistant-Surgeon, vice Davidson,
appointed to the Staff.
89th Foot Lieutenant John. Arthur Barstow to be Adju-
tant, vice Holmes, promoted.
93d Foot—Major and Brevet Lieut.-Col. Robert L. Ross,
from a Depot Battalion, to be Major, vice Brevet-Lieu-
tenant-Colonel Gordon, who exchanges.
96th Foot—Ensign John Hamilton Thompson to be Lieut.,
by purchase, vice Kirk, promoted ; Lieut. John Hamil-
ton Thompson to bo Adjutant, vice Kirk, promoted;
Robert. Thorp, Gent., to be Ensign, by purchase, vice
Thompson.
Rifle Brigade— Lieut. John Simpson Knox to be Instructor
of Musketry; Wilmot Grant, Gant. to bo Ensign, with-
out purchase, vice Allaire, promoted.
DEPOT BATTALIONS. _ -

---
Major awl Brevet-Litut..Colonol Charles Henry Gordon,
from the 93d Foot, to be Major, visa Rosa, who exchanges.
Captain Richard George Coles, of the let Foot, to ba
Instructor of Musketry.
Captain Thomas Powland, of the 25th Foot, to be In-
structor of Musketry.
HOSPITAL ST .FF.
The appointment of Surgeon Peter H. Roe, from the
Gol•1 Coalt Artillery Clrps to bo Staff-Survon of the
First Clss,,, to hair date the 4th Sept6mber, 13!)7, instead
of 23d October, 1357, as previously stated.
Assistant-Surgeon Peter Davidson,•M.D.' from the 87th
Foot, to ba Assistant-Surgeon, vice Smith, appointed to
the 87th Foot.
The third Christian name of Staff-A.ssistaut-Surgeon,
Dr. Symons, is May.

BREVET.
The undermentioned °Moors, having completed three
years' actual service on the dates stated against their
names in the rank of Lieut.-Colonel, to be promoted to be
Colonels in the Army, under the Royal Warrant of the
6th October, 1854:
Lieutenant-Colonel Robert Wardlaw, of the Ist Dra-
goons.
Lieutenant-Colonel Arthur Cavendish Bentinck, 7th
Dragoon Guards.
Lieutenant-Colonel Richar.l D mis Kelly, 3 ith Foot.
The Recond Christian mane of Captain John Bannatyne,
Bth Foot, promoted to be Major in the Army, in the
Gazette of the 19th Jan., 1858, is Millar.
goarternmeter Jlenry Tyler, half-pay 70th Foot, to have

the honorary rank of Captain, under the Royal Warrant
of the 17th Dec., 1855.
The under-mentioned promotion has taken place in the
East India Company's Army, consequent on the death of
Major-General Michael Bagnold, Bombay Infantry, on let
Dec., 1857.