The Sun.
London, England, 1866-02-06 00:00:00

THE SUN, LONDON, TUESDAY EVENING, FEBRUARY 6, 1866.

LAW INTELLIGENCE—This Day.

COURT OF QUEEN'S BENCH.

(Before the Lord Chief Justice and a Special Jury.)

FITZGERALD V. NORTHCOTE AND STONE.

The further hearing of this case was proceeded with
this morning, and the interest it excited was evinced by
the crowded state of the court. The case for the defence
was that Mr. David Fitzgerald, by his return to Oscott, had
again subjected himself to the discipline of the establish-
ment, and that having identified himself with a combina-
tion that had been formed for the purpose of annoying the
clerical students, it became imperative on Dr. Northcote
to expel him. The following witnesses were called for
the defence :

The Rev. Spencer Northcote, examined by Mr. Kars-
lake—He was a D.D. and A. 8., and had graduated at Ox-
ford. He had been appointed President of Oscott
College in 1860 by the Catholic Bishop of Birmingham.
In that institution there were six or eight clergymen
and a body of divines, some of whom were used as teachers,
and ho was responsible fur both masters and students.
Before his time there had been a body of clerical as well
as lay students. It was not true that the clerical students
were supported at the college out of the pensions paid by
the lay students. The bishops sent the former to the
college, and were responsible to him for their pensions, but
he did not know from where the funds came. Many of the
clerical students came from Sedge]y preparatory school, but
not more than two or three in a year. There were not at
any time since he was president more than twelve such
students, and at present there was only half that number.
The clerical students were of a lower class in society than
the lay students, several of them being the sons of trades-
men. In the college there were three classes of students,
namely, poetry, philosophy, and rhetoric, and the students
in these classes had certain privileges which those in the
lower classes had not, and amongst these was permis-
sion to go out in bodies of three, but they were not
allowed to go into any private house unless a special
permission were given. When David Fitzgerald returned
to the college he was subject to the same rules as previ-
ously, and ho would not receive him on any other terms.
There was no other arrangement to the contrary even
mentioned, and between the period of his matriculation
and obtaining his degree at the London University he was
not exempted from the discipline of the College. The
rule respecting the prohibition to the upper-class students
to enter private houses was here read.

Mr. Coleridge observed that a public-house was not a
private house. (A laugh.)
____ _

The witness continued—Those boys in the philosophy
class were not subject to corporal punishment, nor were
the students above 17. He had heard a complaint of Fitz-
gerald having had spirits in his room prior to his leaving
the college for matriculation, and when he returned to the
college, he remonstrated with him. On the 25th of Feb-
ruary, 1865, he received a complaint from Mr. Stone re-
specting David Fitzgerald and three others having been in a
public-house. He read Fitzgerald a lecture, and said that if he
was not guilty of actual criminality, his conduct was very
close upon it, as he was at the time undergoing punish-
ment for other breaches of discipline, and involved a
defiance of the authority of the prefect of discipline. On
more than one occasion Fitzgerald had been complained of
by the other prefects. The rev. gentleman then proceeded
to state that he had been informed by the sub-prefect
of the existence of the movement of the lay
students in regard to the clerical students, which
went under the designation of A.8.C., or the Anti-Bunker
Confederation. He had heard the term " Bunker," and
knew that it applied to the clerical students, but he was
not aware that there was any special meaning attached to
it. A pocket book had been discovered in Fitzgerald's
room relating to the confederation which contained,
amongst other matters, items under the head of " The
Birth and Parentage of the Clerical Students." He
sent for Fitzgerald, and questioned him on the
matter in the presence of Mr. Stone, and Fitz-
gerald said there was nothing at all in it, and that
it was all nonsense. Ho had some time before told Fitz-
gerald that a repetition of misconduct on his part would
lead to his repulsion, and that he intended to write to his
father respecting him. He did not carry out the latter
threat, because Fitzgerald promised amendment. Hero
the rev. gentleman read some of the memoranda out of the
pocket-book, which were of a personal character, and he
stated also that he had elicited from Fitzgerald the names
of some of the students who were engaged in the confede-
ration.

The case was proceeding when we went to press.

SURREY THEATRE.

Last night Miss Avonica Jones made her reap-
pearance at this elegant theatre, after an absence of
three years, in a new four-act drama, entitled " East
Lynne." The piece is founded on Mrs. Wood's
popular novel of the same name, but the dramatiser
(Mr. John Oxenford) has in many instances had to
compress and simplify the original in order to bring
it within the limit of stage representation. The
plot of the piece successfully performed last night is
as follows :-TLady Isabel Carlyle, the wife of a
flourishing solicitor, deserts her lord and master to
elope with a consummate scoundrel, one Capt. Levi-
son. The motive that urges her to this fatal step is
unfounded jealousy. Mr. Carlyle has been in the
habit of holding secret communications with a
Miss Barbara Hare, the daughter of a justice in
the neighbourhood ; but these communications have
relation entirely to business. The lady's brother,
Richard Hare, has borne for many years the suspi-
cion of murder, and has borne it unjustly, seeing
that the murder in question was committed by
Levison. However, young Hare has been hiding
from justice for some time, when he suddenly makes
his re-appearance in his native place, carefully dis-
guised, and succeeds in convincing his sister of his
innocence. Hence the reason for Barbara's myste-
rious consultations with Mr. Archibald Carlyle,
which lead to the elopement of that gentleman's wife.
She, however, soon discovers the true character of
Levison, and indignantly expels him from her pre-
sence. Stung by remorse, she determines to revisit
East Lynne for the purpose of seeing her children,
and, under the disguise of a governess, she enters
the dwelling of her husband, but only in time to
witness the death of her son. The wretched mother
now throws off all disguise, calls for her husband,
and dies broken-hearted in his presence. Captain
Levison is discovered to be the perpetrator of the
crime for which Richard Hare was suspected. He
is sent to penal servitude for life, and the innocent
man is restored to his position at East Lynne.

The part of Lady Isabel, of course, was represented
by Miss Jones with all that intensity which invariably
marks her performances, and in the last act she held
the tears of her audience entirely at command.
She was, during the play, recalled twice before the
curtain, and at its termination she again had to
make her appearance to receive the hearty ap-
plause of a very crowded house. Mr. Edgar as
Levison, Mr. Thompson as Dell, Mr. Maclean as
Justice Hare, and Miss Rose Ogilvie as Barbara
Hare, each supported their respective parts with
care and efficiency. The drama has been placed
upon the stage in a manner that shows that the
lessee and manager, Mr. Shepherd, is determined
to rival in beauty of decorations and appoint-
ments the most celebrated theatres in the metro-
polis.

The glorious pantomime of King Chief, and the
wonderfully brilliant and extraordinary trans-
formation scene, concluded the evening's entertain-
ment.

Fraudulent Personation of the Duke of St.

Albans.

The Plymouth police li—ave in their custody a per-
son who is perhaps best known as " Captain Dash-
wood," although he has assumed several names, of
which he appears to have made use whenever by so
doing he could perpetrate a fraud on the public.
The gallant captain recently visited Plymouth,
where he coolly entered himself on the books of the
Royal hotel as the Duke of St. Albans, and being
a man of good address, and not only presentable,
but even distingite in appearance, it is not strange
that those who had never looked upon the Lincoln-
shire nobleman should not question the identity of
the new-comer. During his stay at the hotel the
titled visitor made the acquaintance of an officer in
her Majesty's service, and the result was that he
was requested to visit H.M.S. Royal Adelaide in
Ilamoaze. Ilis lordship assented, greatly to the de-
light of all the officers of the ship, excepting Cap-
tain Seymour, C. 8., who was unaware of the in-
vitation. At length his lordship was conveyed on
board, and, after looking over several por-
tions of the ship with intelligent interest, was
ushered into the mess-room, and was before long
seated with the first lieutenant and the other officers
before as good a dinner as such gentlemen would be
expected to provide for such a guest. Purser, stew-
ard, and cook had not cogitated in vain ; several of
the dishes were incomparable, and the wine was in
plenty and of the richest. The " Duke" displayed
reciprocal delight, and the joy of the mess increased,
for his lordship's condescension had added one of
the most notable entries to their list of visitors to
the ship. In recognition of the honour all the officers
mustered in full dress, and when at length the plea-
sures of the dinner were to be succeeded by a with-
drawal of their guest, a heartiness worthy of glad-
dened hosts was manifested, and the guest departed
with all the honours due to station, grace, and vir-
tue. Half an hour, however, had hardly elapsed
when the officers learned that the captain was within
his cabin, and with some eagerness Capt. Seymour
was waited on and informed of the visit of the duke,
and how the most had been made of it for the
honour of the ship and of the service. Capt. Sey-
mour expressed a glad surprise, and at once said—
" The Duke of St. Albans ! Has his lordship left
his card ?" " No, sir," was the reply ; and then
the captain's answer came, " Indeed, then he has
left a message ?" "No !" " There's a mistake,
gentlemen, surely, for the Duke of St. Albans is an
intimate friend of mine." " There can be no mis-
take, because we have spent some time with his
lordship, who has just returned to the Royal
Hotel." Captain Seymour still expressed a doubt,
and asked to have a description of the " duke."
It was no sooner given than Captain Sey-
mour replied, " I tell you distinctly that your
late guest is not the duke, who, I have
reason to believe, is at this time with the Prince of
Wales at the royal seat at Sandringham." The
dumbness of modes:', men upon their own merits
could not be more extreme than was the silence of
the astonished officers of the ship, and one of them
immediately penned a note to Mr. Pearse, of the
Royal Hotel, stating that the captain of the Royal
Adelaide had convinced the officers that the Duke
of St. Albans was not in the county. Unfortu-
nately the messenger despatched with the note wore
the uniform of the service, and when he entered the
hotel he was confronted by the person to whom the
note referred. " Captain Dashwood," alias "the
Duke," was smoking in the lobby, and espying the
naval dress, coolly said to the youth, " What brings
you here?" The boy said he had a note for Mr.
Pearse. " I'm Mf. Pearse," replied Capt. Dash-
wood, and adroitly took the note, slipped into
the coffee-room, and a moment after reap-
peared, and sent away the boy, to whom he said,
present ; I will write
the reply." Upon this the captain proceeded
" There is no answer at
to his bed-room and straightway fulfilled
his promise, for he wrote to the officers of the Royal
Adelaide, berating them severely for their suspicions,
and the manner in which they had acted on them.
Strange to say, he paid his bill, was then driven by
his order to the pawn-office of Mr. Smith, Whimple-
street, and there pledged a watch worth about £3O
for £5, and drove to Devonport, handing the ticket
of the watch to the cabman in payment for his fare.
The cabman left him at the station, where he took
a ticket for London, and on his arrival wrote a letter
to the officers, full of stern rebukes for their incre-
dulity. At length the imposition came to the ears
of the Duke of St. Albans, who directed inquiries
to be made concerning the swindler, with a view to
his prosecution. The next that was heard of Capt.
Dashwood was that he had victimised hotel-keepers
and others at Truro and in other towns in Cornwall.
Colonel Vivian, the chief of police at Plymouth, at
once put himself in telegraphic communication with
various places, and learned that the " captain" was
at Great Yarmouth, whither Colonel Vivian at once
proceeded, and soon succeeded in gaining possession
of the " captain," who is now in custody at Truro.

The Sufferings on Board the Jane Louden.

STATEMENT OF THE ONLY SURVIVOR OF THE

CREW.
Tho following statement has been made by Capt. Cesey,
the ]ate commander and only survivor of the crew of the
British ship Jane Louden, laden with timber, from Quebec
for Falmouth, for orders, who was rescued from the water-
logged ship by the Dutch barque Ida Elizabeth, of Rotter-
dam, from Batavia for Amsterdam, under very painful cir-
cumstances :

"We sailed from
Quebec on the 28th of November.
Nothing particular occurred until December the 20th, in
lat. 37.47, at 8 a.m., fresh wind from S.W., which increased
to a gale at noon, the barometer 28.16. The gale increased,
and at 6 p.m. a complete hurricane ; all hands at the pumps,
the ship straining heavily, and making great quantities of
water. On the 21st, it still blowing a hurricane, the ship
making more water, the pumps not able to keep her free, sea
making a fair breach over her, and all hands lashed to the
pumps. At noon a heavy sea struck the ship on the star-
board side, smashing three boats, and washing them over-
board, with all the fresh water and every movable article
on deck. Sounded the pumps and found five feet water in
the hold, at the time
running with close reefed topsail and
reefed foresail before the hurricane. Tried to take the
foresail in, but it blew to ribbons ; all hands commenced
again at the pumps. At 6.30 p.m., in spite of every exer-
tion, the ship was full of water, the sea completely burying
the hull, and all hands obliged to take to the rigging. At
midnight the gale considerably abated, the Wrometer rising
fast. On the 22d, at 10 a.m., the weather being moderate,
the crew were able to leave the tops and get on deck.
Commenced finding provisions, and got bread and butter,
potatoes, and some turnips into the top; at noon it
commenced to blow very hard from the S.W. to N. ;
myself again compelled to take to the top. At 6.30 p.m.
thegale had increased to a hurricane, causing the seato rise
fearfully, which struck the ship, heaving her on her beam-
ends, with her masts in the water, washing all hands and
myslef into the water, 17 in number. Nine of the number
at once met a watery grave ; myself and the remaining
seven, with a hard struggle, gained the wreck. By this
time the bowsprit, foremast, and maintopgallant-mast
were carried away by the sea. The remaining part of the
crow got on the ship's side, and there secured ourselves as
well as we could ; but in about one hour and 20 minutes,
the
u squall the ship rolled to an upright posi-
tion,nn
we being
again over
took to the maintop, but to our sorrow
d all h
provisions we had saved washed away, the
found
oat ,
cabin forecastle washed overboard, and nothing left on
came provisions. At 4.30 p.m. the whole
of taking rudder and stern post
wfith the
boardt
it,isa h
the
framehteeesahrgap acoming out very fast. 23d, the weather
moderated, and nothing particular occurred until the 6th
of January, when one of the crow, named Alfred Bolton,
fell from exhaustion, and at nine on the same evening he
died, and the next morning we committed his body to the
deep, hating boon 14 days without food of any descrip-
tion. On the 7th, one more, William Thomas, a native of
Wales, died; and in spite of all I could do the men would
drink salt water, which drove them mad. On the day
after (the Bth), four more died from exhaustion, cold, and
hunger,
e
Inat we could not move the bodies into
tne
exhausted leavi n
t and the carpenter alone. We were so
n
the sea, so we lowered them on the deck of the vessel. On
the 10th the carpenter died, I then being the only survivor,
and on the next day as well as I could lowered the body
on the ship's deck. On the 23rd of January I was taken
off the wreck, after being there 28 days without food of
any description, by the Dutch barque Ida Elizabeth, of
Rotterdam, from Batavia for Amsterdam. Names of the
drowned :—E. Malby, chief mate, native of Cornwall ;
Samuel Bird, boatswain, native of Padstow; John Cnew
and Evan Davis, seamen, both of Wales; John Couolly,
seaman, of Scotland ; James Griffiths, boy, of Milford ; and
Thomas Gate, boy; John Henry, cook and steward,_of
Padstow.

(Signed) " Captain CESEY,
late master of the ship Jane Louden."

The new daily paper at Detroit will be issued
March Ist, and will be called the Post. company has
been 'clued on a basi4 of $20,000 capital,

Quarterly Return of the Marriages, Births,
and Deaths in England.

The registers of the United Kingdom show that
113,972 persons married in the quarter that ended
in September last ; that the births of 239,439 chil-
dren, and the deaths of 159,524 persons of both
sexes, were registered in the three months ending
on December 31. The recorded natural increase
of population in 92 days was 79,975, or 869 daily.
Exclusive of 8,101 foreigners, 36,256 emigrants
sailed from these islands in the same period. So
about 394 emigrants left daily ; and allowing for
defects in registration, which has only recently been
established in Ireland, the increase at home has been
about 520 daily. _ .

The death-rate of the United Kingdom differs
little from the average of England and Wales to be
here discussed. The several facts concerning the
other divisions of the kingdom are fully set forth in
the reports of the Registrar-General of Scotland
and the Registrar-General of Ireland.
The estimated population in 1865 of England, Scot-
land, and Ireland, is 29,772,294. The corrected
death-rate of the quarter is 2.220 per cent.