The Sun.
London, England, 1859-02-08 00:00:00

was in the habit of frequently visiting my brother
at Goring. I had a room there to use. I first
obsearly
ervedserve
ar
ta
oefhlaBnsgie. inl
tiNr
clons . t
nLuyeodn 'tso
increase.
manner
Sheth e
had not been in ill health before to my knowledge.
At this time she was in a great state of excitement.
Mr. Lush—To what cause did you attribute that
excitement and change ?
Witness—l considered it arose from excitement.
I noticed she drank a great quantity of wine at
dinner. The excitement increased, and I withdrew
in consequence from so frequently visiting at my
brother's house. When I last saw her in 1852 she
was in the same excited state. They went to Rome
in 1853. I did not see her again until her return from
Devonshire, and then not to speak to her. In the
summer of 1853 iny brother applied to me to be-
come a trustee, and I consented. I have seen my
brother very often since the separation and visited
him at Goring. He had only two or three servants
at Goring to take care of the house. When he
came to town in 1858 his usual habit was to dine
with his sisters, at their houses, at his club, or with
me, excepting when his friend, Mr. James, was
staying with him, and then he occasionally dined,
I believe with Mr. James, in South-street. His
habits were the same in 1857. The house in South-
streete
servant,v
1852 to
1857. Ever since the separation he has kept but
o
fromuook
e
mo r
cook i etrhn
ande vd a lef t .
Lord Campbell—The Swiss. And in the capa-
eit3yraol
Major
c.oLn—
oakmyoptoboel?lH_e actednAhn couldde a d d
c cook.
c
Major Lyon—Yes,
Cross-examined by Mr. Chambers—My brother
informed me what he had done, but he never con-
sulted me, neither did I advise him. I don't know
who drew up the paper my brother read to the ser-
vants before Mrs. Lyon, after the decree for resti-
tution of conjugal rights. I never saw it, and
never asked him its contents, but he told me gene-
rally its object. He did not tell me if he prepared
it himself. I was aware he slept at Gloucester-
place and York-place, the residence he took for
Mrs. Lyon under the decree, and left early in the
morning. He told me it was necessary that he
should sleep there every night to make it his
domicile or home, and that he was acting under
legal advice. I knew the fact that his valet, who
slept in South-street brought his clothes every morn-
ing to him from South-street to Gloucester-place,
attended to him, and that he then went to South-
street to breakfast. I can't swear that he said " I
must go there every night, but I shall return home
every morning." I can't swear he said " home."
I think it was "my home." I don't know that my
brother kept his wardrobe, &c., at South-street,
and that the valet took down his dressing-case, &c.,
to Gloucester-place in a carpet-bag. I think he
came to town in April, 1858, and remained for the
season—till the end of June; that is, he spent half'
the week at Goring, and the other half in London.
He then went to Scotland, accompanied by myself
and cousin. Ho has shooting moors there. On
his return he went to Goring, where he entertained
some of his family and friends, the Swiss valet
acting as cook. My brother then left England,
early in December; but I don't know if the writ in
this action was previously- served upon him. I
knew Mrs. Lyon had been attended by Si:: James
Clark, Dr. Locock and Dr. Capes. He told me of
the certificates of Sir James Clark and Dr. Bird;
and that he engaged two females fit to look after
a person in Mrs. Lyon's state of mind. I once took
him home to Gloucester-place, and saw his bed-
room, which was the back room on the ground
floor. A few days before my brother went abroad
the last time he did not give a dinner party in
South-street. His brothers and sisters might have
dined there privately with him.
Re-examined by Mr. Lush—My brother said he
was acting under the advice of the Queen's Advo-
cate relative to the decree ; the medical gentlemen
above referred to attended in consequence of her
ill health, arising from a miscarriage on two occa.
sions.

Lord Campbell summed up, and the jury imme-
diately found a verdict for the plaintiff for £125
16s. 5d., the second part of his demand.

MIDDLESEX SESSIONS, Feb. 7.

The February General Sessions of the Peace for
the county of Middlesex commenced this morning
before Mr. Pashley, Q.C., Assistant-Judge, Mr.
Creasy, and Mr. Payne, deputies ; and Mr. Hogarth,
Mr. Henry White, Sir James Tyler, Mr. Sharp,
and other magistrates. There were 46 prisoners,
besides bail cases, for trial.

The Assistant-Judge delivered a short charge to
he Grand Jury.

John Jest, 7.'26, servant, was indicted for stealing
a revolver pistol and other articles, of the value of
£5 and upwards, the property of Captain Frederick
Sayer, in a dwelling-house of our Sovereign the
Queen (St. James's Palace), and also for stealing
five coats and other articles, value £5 and upwards,
the property of Sir Charles Beaumont Phipps, in
the said dwelling of her Majesty. -
He pleaded guilty.
Mr. Sleigh said he as instructed on behalf of
the prosecution, and it was his duty to submit to
the Court that the offence the prisoner had acknow-
ledged himself guilty of was one of an aggravated
nature. The prisoner was servant to Captain
Sayer, Peputy-Assistant Quartermaster-General,
who had apartments in St. James's Palace, de-
scribed in the indictment as one of the dwellings
of the Queen, as also had Sir C. B. Phipps, the
other prosecutor, Captain Sayer's father-in .law.
The prisoner had been treated by both these gentle-
men with great kindness, but during the whole of
the time he had been in Captain Sayer's service he
had stolen and made away with articles. belonging
to his master and Sir Charles Phipps, and Inspec-
tor Whicher, the detective officer, in whose hands

the case was placed by Sir Charles, when the pri-
soner was detected, had traced duplicates of articles
pledged for about £2O Which really were worth
over £BO, all the property of Sir C. Phipps and
Capt. Sayer. In addition to this, the prisoner had
been guilty of conduct of the most disgraceful cha-
racter to his master, whose kindness he had so ill re-
quited. Capt. Sayer had a stock of very splendid
sherry of almost fabulous value. This, or the-greater
part of it, the prisoner had appropriated to his
own use, or had made away with in some way, and
had replaced with bottles procured at a small price
from public houses--altogether a worse case of
larceny by a servant could not well be conceived.
Captain Sayer was then called into the witness
box, and ix answer to his lordship, said the prisoner
had £4O a year, with board and lodging, and £5
for beer money. He had been in his service about
six months, and the pawning of articles belonging
to himself and Sir C. Phipps commenced, as far as
could be ascertained by the duplicates found by
Whither, about a month after the situation had
been given to him. Really, he had scarcely any
duty to perform, but he was kept on out of consi-
deration, and from what had been discovered, it
appeared that lie had committed these depredations
to find the means of frequenting dancing saloons.
Mr. Sleigh said the prisoner had written a letter
desiring that a gold chain might be given to a
certain young laay, whom he would not name for
obvious reasons, and from that an inference might
be drawn as to how some of the proceeds had been
disposed of.
The Assistant Judge said this was a very bad
case indeed. It was a double case of larceny in a
dwelling house to the amount of over £5, and by a
servant, under very aggravating circumstances.
He had an easy situation, £4O a year, and £5 for
beer, as well as board and lodging, and in' six
months he had plundered to the amount of close
upon £loo,for the sake of frivolity and amusement.
The sentence upon him was that lie be kept in penal
servitude for four years, part of which term, how-
ever, might be remitted, in case of good conduct.
(Before Mr. Creasy.)
Win. Edgard Mitchell and Thos. Thorp, barmen,
were indicted for stealing the stem of 25., the moneys
of Edwin Winder, the master of Thorp. Thorp
was further indicted for stealing 25., the moneys
of his said master, and Thomas Gill was indicted
for stealing 25., the moneys of the said Edwin
Winder

Mr. Ribton appeared for the prosecution ; Mr.
F. H. Lewis defended Gill and Mitchell. The
Grand Jury ignored the bill as against Thorp.
The prosecutor, Mr. Winder, is the proprietor of
the Mogul Tavern and Middlesex Music-hall, in
Drury-lane, and the charge against the prisoners,
supported by the evidence of an accomplice named
Allbrow, was that they had acted in concert' to rob
Mr. Winder, by Thorp and the witness giving false
change over the counter to the other. In the result
the jury acquitted Gill and found Mitchell guilty
of feloniously receiving. Ho was sentenced to four
years' penal servitude.

PORTLAND HARBOUR OF REFUGE, Feb. 3.—The
wind, which has been blowing heavily from the westward
for some days, has Gonslderably moderated and veered
m
round to the rth, which has enabled a large number of
vessels, bound down Channel, to leave the anchorage.
Upwards of 80 weighed and sailed during the clay. Her.
Majesty's ships in harbour are the Blenheim, 60, the Liffey,
50, and the gwilmt Biter, 2,