The Sun.
London, England, 1867-10-29 00:00:00

THE SUN, LO WON, TUESDAY EVENING, OCTOBEit 29, 1867

tional bondholders, all coupons already due or
maturing prior to the 31st of March, 1870. Con.
solidated bondholders, all coupons already due,
or maturing prior to the 31st of March, 1871.
The Mining Market has been very quiet, owing
to the settlement now in progress. Annexed are
the latest prices :—Great Wheal Vor, 18 ; West
Chiverton, 641 651 ; East Carn Brea, 2 21 ; East
Lovell, 81 84 ; North Crofty, 3a 3.; West Wheal
Kitty, 15s. 205.; North Treskerby, 345. 365. ;
Chiverton, 51 54 ; Prince of Wales, 51s. 6d. 525.
6d. ; Great Retallick, 3 31; East Russell, 1 2 ;
Providence, 28 291 ; East Caradon, 51 6. Mar-
ket active.

SUAVE LlST—This Day.

ORDINAILY sIIAREB AND STOCKS.

3l ra'

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1 Closing i Business
Price. done.

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"anlbrian .. ...

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E.London, ncrip C9:13.
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3 5
73 70
70 72

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Great Eastern, Ord. stk.
Do. E. Angl. st. N. 2
Great North of Scotland
Great Northern
Do. A stock • •
Do. B stock

105 107
s'2} 341
5 7
16 7
10S 110
1144 115}
123 125

Do. New, le. at 25 pm,
CitS. and W. of Ireland
'Gt. Webtern
Do. 6. Val. Rail. gua.

95 97 1
4tl 4GI,

Do. South Wales ..

Do. W. Mid.—Oxto,

25 30
29 31

Do. Newport
Do. Hereford.

ILanotshire sc Yorkshin

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Lou., Brigh.,& S. Coast
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Do. 2.le;:rop. E. A
Lon. & North Western
Lou. South W?,ttern
Man., Suet., & Lincoln
Atetropolitan....
Do. New

524 634
174 18
11 14
1134 111
81 83
474 484
1224 123

1091
1141 14
124

1221
1111

Do. Extension
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83 85

118 118

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86 68

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Do. G.N•E purohiuse
Do. Leeds .....
Do. York
Do. Carlisle ....

T 3 34

Do. Stock. & Darling.
Do. 10. 1860-61 .
North London
Do. do. 1864 5 .

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North Staffordshire
N. & S. W. Junction
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Scot. N. E , Aber. stock
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Shropshire Union
South Devon
South Eastern
Staines, Wok., & Wok
Taff Vale
Do. C ..
Vale of Neath
Waterford & Kilkenny
Waterloo & Whiteha i
IWebt CornwAll

Cam. Consul. Gold, lim
Chiverton
Clifford Amalgamated
Devon G. Cons. (Taoist
Drakewalls.,
East Bassett (Illogan)
East Caradon
East earn Brea
East Grenville
East Gunnialake ..
East Lovell • • •
E. W'l Russell (Tavistk
Gam.& StAubyn(Gwen.
Great Laxey, limited..
Great South Tolgus....
Great Wheal Btasy.....
G. Wheal Vor (Holston
Grenville
tlered's Foot .....
ilingston Downs
Mararet (Uny Lelan
Xlerke Valley
Sa.wyndy Iron Ore, 11
New Seton
North Roskear .
Bassett(lllogan
North Wheal Crotty
Prosper United
Pr.,videnee 1/41Thy Lelant
S. Caradon (St. Cleer)
South Condurrow
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Stray Park
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West Bassett (Mogan
W. Caradon (Liskeardp
West Chi rer ton .
West
Wheal Bassett 'Mogan
Wheal Buller (Itedruth
Wheal Mary Ann (Men
Wheal Seton

Wheal Trelawney (Me.

,SSK

100
100
100
all
100
100

100
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100
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2.1.0
294
2.14.0
31
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8.3.0
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11.2.0,

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5.t7.0

MEN'

190
100
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102 103
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63 71

18 52
99 IG3
102 IG4
110 1101

17 18

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50 52

40 45

32 34

19i 204

107 108
- 2 p
- 2 p

5 7
7 8
4:0 430
i I
19 21
5 5
3 34
2 3
i 4
8 9
2 24
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17 18

18 19
1
35 37
21 21
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41 51
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31 4
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29 31
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V 9 101
99 101
87 89
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103 105
107 109
107 108
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84 98
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105 107
104 108
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101 103

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1001 I

Law Intelligence—This Day.

ARCHES COURT.
THE ST. ALBAN'S RITUAL CASE.-MARTIN V.

MACKONOCHIE.

It being az ranged that the arguments in this case
should be proceeded with to-day, Dr. Travers Twiss
and Dr. Robertson, in lieu of the new Dean of
Arches, who had formerly been counsel in the case,
took their seats on the bench.

Mr. A. J. Stephens, Q.C., Mr. Coleridge, Q.C.,
Dr. Swabey, and Mr. Droop appeared for the pro-
moter of the suit. Mr. Mackonochie was repre-
sented by Mr. W. M. James, Q.C., Mr. 'Prideaux,
Q.C., Dr. Tristram, and Mr. Charles.

The charges against Mr. Mackonochic, as
amended, arc four :-1. The elevation of the host ;
2, lighted candles on the altar at the time of the
administration of the Holy Communion ; 3, The
use of incense ; 4, Mixing water with the wino at
Communion. The question of the Eucharistic
vestments is not raised.

Mr. James, Q.C., in the first instance, asked the
commission appointing the judges might be read.
This having been done, the learned gentleman
objected to the formation of the court, and con-
tended that the Dean of Arches had no right to dele-
gate his powers, and, therefore, the court had no
jurisdiction in the matter.
Mr. Prideaux followed on the same side.

Mr. J. Stephens, for the promoter of the suit,
also objected to the constitution of the Court, as
great difficulty might arise in the event of the trial
resulting in a division of opinion arising on the
1264 127j1
I bench.

Dr. Robertson said, should such an eventuality
arise, he, as junior judge, would more than likely
withdraw his judgment.

Dr. Travers Twiss said the objection by both
parties had taken him by surprise. He thought the
best course to pursue was to overrule the objection
under protest. This would give time for the opinion
of the judges of the Court of Queen's Bench being
taken, and in order that that course might be
adopted, be would adjourn the proceedings there
until that day fortnight.

• CENTRAL CRIMINAL COURT.

OLD. COURT.
(Before the Recorder).
THE ATTACK ON THE PRISON VAN.

Henry Turner was indicted for assaulting the
police, while in the execution of their duty, and
also for assaulting them with a view to effect the
rescue of Alice Turner.

It will be recollected that the prisoner, with about
one hundred roughs, were in waiting outside the
Clerkenwell Sessions' house when the van drove up
to receive the prisoners, who had been sentenced by
the Court. As the woman was stepping into the
van the prisoner caught bold of her, and called
upon the crowd to aid in a rescue. Tho police re-
pelled the attack, and succeeded in defeating the
object of the prisoner, but not till they had been
violently assaulted. They also succeeded in captur-
ing the prisoner.

The jury found the prisoner guilty, and the Court
sentenced him to 12 months' imprisonment with
hard labour.

George Francis pleaded guilty to a charge of
bigamy, but alleged that the second wife was aware
of the second marriage. . _ _

The Court sentenced him to one month's impri
sonnient.

THE MANCHESTER SPECIAL COM-
MISSION.

MANCHESTER, Monday.

The assize appointed to be holden under a special
commission for the trial of the 26 men who have
been committed on the charge of murdering Police-
sergeant Brett, during the attack on the police van,
on the 18th of September, which resulted in the
liberation of (Colonel) Kelly and (Captain) Deasoy,
commenced this morning at ten o'clock, at which
hour Mr. Justice Blackburn and Mr. Justice Mellor,
accompanied by Mr. Thomas Dicconson, high
sheriff, entered the Crown Court and took their
seats on the bench.

The prisoners were brought over from the New
"Tel •
police van escorted by a numerous body of military,
consisting of two detachments of the Bth Hussars
and several companies of the 72d Highlanders. On
the van itself were six policemen armed with re-
volvers. A large crowd followed the escort, bid no
manifestation of feeling took place. A strong guard
of police were on duty in court and also outside the
assize hall, a limited number of whom were armed
with revolvers. Sentries of the 72d Highlanders
were mounted in the corridors.

As has been stated, the Attorney-General (Sir J.
B. Karslake), Mr. Higgin, the deputy recorder for
Manchester, and Mr. Hannen appeared to conduct
the case on behalf of the Crown ; Mr. Rigby Sey-
mour, Q.C., Mr. Sergeant O'Brien, Mr. Cottingham,
and Mr. Ernest Jones appeared for the defence.
The grand jury, with Sir Robert Tolvey Gerard,
Bar`., as their foreman, having been sworn,
Mr. Justice Blackburn proceeded to charge the
grand jury. His lordship said they had on the
present occasion been called together by a special
commission issued by her Majesty, which differed
from the ordinary commissions in one respect
only. They were aware that in general, when
criminal trials came on, the commission issued was
to try all crimes committed within the county, but

the present commission was specially confined to
such crimes as arose out of, or were in any way con-
nected with, the outrage perpetrated on the 18th of
September. In the present case, therefore, they
would have only to inquire into the crimes arising
out of that transaction. When the evidence was
brought before them they would find beyond all
doubt that, on the 18th September, two prisoners
amongst others were brought up in custody before

the magistrates, and that those two prisoners were
conveyed in the usual way along the streets in a
police van. There had been some reason to appre-
hend that an attempt would be made to rescue the
prisoners, and the number of police accompanying
the van was increased, but no one suspected that
such an attack as afterwards took place would be
made. The place selected for the purpose of mak-
ing this attack was chosen with considerable skill.
Those who witnessed the attack might differ as to
the number of the assailants, but there could be no
doubt that the van was attacked by a considerable
number for the purpose of rescuing the prisoners,
an attempt in which they succeeded. During this
attack there was a considerable number of pistol
shots fired, and the police were struck and beaten
with stones. Two policemen were wounded by
pistol shots, and another, Charles Brett, was killed
by a pistol shot, and the principal crime which they
would have to inquire into were the circcumstances
attending the death of Charles Brett, and how
far the prisoners were guilty of the murder of
that man. The grand jury would see that there
were a variety of crimes committed. There
was the attempt to rescue, which proved success-
ful, of two prisoners in lawful custody—itself a
grave and dangerous crime. There was, moreover,
the assault on the police in the execution of their
duty, shots being fired at them, which took effect in
the case of two of them —which in itself constituted
a very grave crime. But the great crime was the
causing the death of Charles Brett, whose case they
would principally investigate. That being so, the
remarks he would address to them would be confined
to affording them assistance in the investigation of
the circumstances attending that crime. The learned
judge detailed the circumstances attending the
attack on the van, stating that there could be no
doubt that, in consequence of Brett, in pursuance
of his duty, refusing to give up the keys, the ven-
tilator having been forced open, he was fired at and
shot in the head. He must point out to them that
though the man who fired the shot was the person
who actually committed the crime, yet every person
aiding and assisting was equally guilty of the crime
of murder as the person who fired the shot ; and
the point to which the grand jury would principally
have to direct their attention would be whether, in
the case of each prisoner, there was evidence suffi-
cient to satisfy them that he was aiding and assist-
ing in the murder of Brett. They would bear in

mind that it was not essential, in order to constitute
the crime of murder, that the main object should
be to kill a particular individual. Murder was to
kill with malice aforethought, which did not mean
that there should be an intention to kill the particular
man. The law had always been held to be that
where, for the purpose of accomplishing an unlawful
act, violence known to be dangerous to human life
was used, and death ensued, then that constituted
the crime of murder. Wherever persons agreed,
either tacitly or in express terms, that they would,
for the purpose of performing au unlawful act,
assist each other under circumstances leading to the
conclusion that dangerous violence would be used,
then all concerned in that general design were
equally guilty of murder with the person who com-
mitted the act itself. Taking that ai the direction
of the law, and applying it to the present case,
they could have no great• difficulty in seeing the
points to which they would have to direct their
attention. When they found a body of persons
assembled together;and attacking the police guard-
ing the van, and rescuing the prisoners, there could
be no reason to doubt that every man who was con-
cerned in that attack was a party to the unlawful
design of rescuing prisoners. Then, again, the very
fact that there was a scheme to attack the police
was, in itself, strong evidence that there was an
intention to use dangerous violence, for it was
scarcely possible for any man to conceive that he
could attack the police while in the execution of
their duty and that no resistance would be made
on their part. He might tell them that there would
be nothing illegal or improper in joining all, or two
or more, in ono bill. The learned judge, in con-
clusion, impressed upon the gentlemen of the grand
jury to consider the matters that would come before
them calmly, deliberately, and dispassionately, with-
out any influence either one way or the other.
The grand jury having retired to consider their

bills,

Mr. Digby Seymour, Q.C., rose and said he had
to apply to their lordships for a postponement of
the trial until the following morning. He and his
learned friends who appeared with him had been so
recently instructed that they felt that they should
not do justice to the persons fur whom they ap-
peared if the trial were to proceed that day. The
only object that the Crown could have was that a
fair and impartial trial should take place. He was
perfectly satisfied that not alone the ends of justice,
but the economy of public time, which, after all,
was a consideration in the administration of justice,
would be considered by their lordships granting his
application.
Mr. Justice Blackburn said it was impossible to
form any decision upon the proposal until after a
bill had been found by the grand jury. He did not
know what prisoners night be included in the bill,
nor were they aware what course the counsel for
the prosecution proposed to take.
The grand jury, after the lapse of an hour and a
half, returned into court, when Sir H. T. Gerard,
the forem an, handed in true bills against William
O'Meara Allen, Michael Larkin, William Gould,
Thomas Maguire, and Edward Shaw. Thereupon
the Clerk of the Crown directed that these five pri-
soners should be placed in the dock. This having
been done, the Clerk of the Crown read over to
each of the prisoners the indictment charging them
with " having, at Manchester, on the 18th Sept.,
1867, feloniously, wilfully, and of their malice afore-
thought, killed and murdered one Charles Brett ;"
and in reply to the question, "Are you guilty or
not guilty ?" addressed severally to the prisoners
by this official, they one and all replied in a firm
voice, " Not guilty." The prisoners wear a pale
look than when examined before the magistrate.
Mr. D. Seymour renewed his application for a
postponement of the trial until the following morn-
ing, adding a request that the counsel for the pri-
soners might be furnished with a copy of the jury
panel.

Mr. Justice Blackburn—For whom do you
appear, Mr. Seymour ?
Mr. Seymour—l appear, my lord, for Allen,
Larkin, and Maguire.
Mr. Sergeant O'Brien said he appeared for Gould
and Shaw.
Mr. Justice Blackburn said he shguld like to hear
what the Attorney-General had to say with refer-
ence to the application of Mr. Seymour.

moment oppose the application of his learned friend
if their lordships thought the application was one
which ought to be granted. After the declaration
of his learned friend that they had not had time to
consider the depositions satisfactorily, it would be
unfair on his part to resist the application. With
regard to the jury panel, that was not a matter
with which he had to do.
Mr. Justice Blackburn did not think there could
be any objection to supply the information as to
the panel,though it might not he practicable to giro
it at the present moment. The panel was limited
as to number, and they had directed that additional
jurymen should be summoned. If the learned
counsel were furnished with a copy of the panel
now he might afterwards see who in addition had
been summoned.
The Attorney-General trusted that if the trial
were postponed till tonmorrow morning, no
technical otjections would then be taken or any
delay offered to the trial proceeding.
Mr. Justice Blackburn suggested that the learned
counsel engaged on both sides should consult as to
the course which it would be most convenient to
take. He would suggest that his learned brother
and himself should sit together to try the prisoners
who had just been arraigned, and that, having
decided any points of law which might be raised,
they should then sit in separate courts in order to
try the subsequent indictments. The only point for
the Crown to consider was whether, having two
courts sitting, the same witnesses might not be re-
quired at one time in both courts.
The Attorney-General said lie would consult with
his learned friends, and endeavour to place the
witnesses in such order as to obviate that difficulty.
Mr. Seymour said in addition to being furnished
with a copy of the panel he should like also to have
access to the jurors' book.
Mr. Justice Blackburn—What do you want with
the jurors' book?
Mr. Seymour—We should like to have an op-
portunity of considering whether there may not be
some objection to the array of jurors. Your lord-
ship may rely upon it that we shall raise no objec-
tion which is not grounded upon constitutional
principles.
Mr. Justice Blackburn said he was under the im-
pression that the list of persons qualified as j urors
was a public list made out by the overseers, which
any person might see, and to order a particular
book to be delivered seemed to him to be beyond
the power of the Court.
Mr. Seymour said that if copies were to be had
from any source that was all he required.
Mr. Justice Blackburn understood that, practi-
cally, the lista were printed by the overseers, and
there could be no difficulty in seeing them. As far
as the jury book was concerned, it might at any time
be inspected. It was at present at Preston, but the
trial would be postponed till to-morrow, and in the
meantime every facility would be afforded the learned
counsel for the inspection of the jury book.
A copy of the panel was then handed to Mr. Sey.
mour, and the trial was postponed till to-morrow
morning at nine o'clock.
Tho prisoners were conveyed back to the New
Bailey under the same escort as accompanied the
police van iu the morning, followed by an immense
multitude of people.

THE REFORM LEAGUE AND FENIANISM. A
meeting of the Exetor branch of the Reform League
has just been held, at which the following resolution was
unanimously adopted: "Resolved, That this meeting,
while pledging itself to do everything lawful and legiti-
mate for the redress of the grievances of Ireland, cannot
but express its horror and utter abhorrence o! the course
pursued by those misguided men calling thpluselves
Feniane. This meeting also very much regrets the opinions
expressed by certain members of the council of the Reform
League, as reported in the London papers."
SoUTII KENSINGTON MUSEUM.—Visitors during
the week ending Oct. 26 :—On Monday, Tuesday, and
Saturday (free), from 10 a.m. to 10 p.m., 8,702 ; on 'Wed-
nesday, Thursday, and Friday (admission 6d.), from 10
a.m. till 5 p.m., 1,3.03—t0ta1, 11,095. Average of corres-
ponding week in former years, 9,312. Total from the
ovectiug of ale ualm.)tau, 7,M3,119.

POLICE INTELLIGENCE—This Day:

MARLB ORO UGH-STREET.

MONEY LENDERS AND THEIR PRACTICES--A.ir.
Morris, solicitor, of No. 49, Leicester-square,
accompanied by a gentleman, waited upon Mr.
Tyrwhitt, and said that the gentleman, his client,
being desirous of obtaining an advance of £4,000,
and seeing an advertisement iu a paper in which a
person, residing at No. 61, Piccadilly, professed to
lend money at 4 per cent., called upon the person
with the view of obtaining the amount he required,
and gave hint as near as possible the particulars of
the security he proposed to offer for the time, a.id
these were pronounced to be satisfactory as far as
could be told at the time. The person ultimately
offered to advance his client some few hundreds in
case he would require the money, and his solicitor
approved the security offered. On the faith of these
representations, and in the full belief that the per-
son had the necessary means at his command,
his client handed him a cheque upon his
bankers for ten pounds, which was duly paid,
the person insisting on that amount as a pre-
liminary fee towards defraying the expenses of the
loan. Some time afterwards his client again called
upon the person, who asked him what he would agree
to pay him in the event of his succeeding in its
completion, and asked him if he would give £25
down and a promise of £75, which he agreed to do;
and he gave the person• a promissory note or bill
of exchange for £25, payable on the Ist of Novem-
ber, and signed an agreement to pay the £75 on
the completion of the advance. Finding that little
or no progress was being made by the person to
complete, he called on his solicitors; and, in conse-
quence of the opinion they gave, and information
that had subsequently been received by his client,
he (Mr. Morris) was instructed to ask his worship's
advice in the matter.

Mr. Tyrwhitt said he could not do anything iu
the matter, but he thought -publicity being given
to the application might be attended with a good
result.