The Sun.
London, England, 1861-12-17 00:00:00

--'EVENTNG, DECSIII3ER, 17, :1861.

called into active service by special appointment'
from the President. A generous pecuniary provi-
sion should be made for those who are retired after
long and faithful service. To satisfy the immediate
demands of the public service I recommend that a
grade to be designated flag officer be established,
and that the President, by selection from the pre-
sent list of captains and commanders, appoint a
number not exceeding seven, who shall each have
command irrespective of seniority or rank, of the
squadron to which he may be assigned, and the
appointment shalleease when the officer hauls down
his flag, unless for distinguished and meritorious
conduct in battle as flag officer, he receives, upon
recommendation of the President, the thanks of
Congress. In the coastwise and blockading duties
of the navy it has not been unfreytent that fugi-
tives from insurrectionary places have sought our
ships for refuge and protection, and our naval com-
manders have applied to me for instruction as to
the proper disposition which should be made to
such refugees. My answer has been that, if insur-
gents, they should be handed over to the custody of
the Government; but if, on the contrary, they were
flee from any voluntary participation in the rebel-
lion, and sought the shelter and protection of our
flag, then they should be cared for and employed in
some useful manner, and might be enlisted to serve on
our public vessels or in our navy yards, receiving
wages for their labour. If such employment could not
be furnished to all by the navy, they might be referred
to the army, and if no employment could be found
for them in the public service, theyshould be allowed
to proceed freely and peaceably, without restraint,
to seek a livelihood in any loyal portion of the coun-
try. This I have considered to be the whole required
duty, in the premises,of our naval officers. I have
been desired to invite attention to the fact that
there is no naval depot on the lakes, notwithstand-
ing the vast amount of tonnage on that frontier, and
to state that if there were one, and the ability to arm
the merchant marine, our rights on the lakes would
be made secure. The amount appropriated at the
last regular session of Congress for the naval ser-
vice fur the current year wet," 1.0,108,07 a duly 80c.
To this was added at the special session in July last
30,446,875 dols 91e, making for the fiscal year end-
ing June 30, 1862, an aggregate of 43,615,551 dols
77c. This sum will not be sufficient, however, for
the purpose, and therefore additional appropriations
will be necessary. There will be required to pay for
vessels purchased, and for necessary alterations in-
curred in fitting them for naval purposes, the sum
of 2,530,000 dols; for the purchase of additional
vessels, 2,000,000 dols; and for the construction and
completion of 20 iron-clad vessels, 12,000,000 dols ;
making a total of 16,530,000 dols. This sum is in-
dependent of the estimates submitted for the next
fiscal year, and being required for current expenses
as well as objects of immediate importance, it is de-
sirable should receive early attention from Congress.
The estimates submitted by this department for the
fiscal year ending June 30, 1863, amount to
44,625,655 dols 20—viz., for the navy proper,
41,096,530 dols 25c; for the marine corps, 1,105,655
dols 77e;. for navy yards, hospitals, magazines, and
miscellaneous objects, 2,423,478 dots."
Mr. George Opdyke had been elected Mayor of
New York.

Captain Gordon, of the slaver Erie, had been con-
demned to be hung on the 7th February next.
Recruits for the Federal army and navy were
very scarce. Many of the 'fexau soldiers on Go-
vernor's Island, Bedloe's Island, and at the West
Point, had deserted.
A large Federal force was being concentrated at
Louisville.

The accounts from Fort Pickens give us iv) definite
accounts of the engagement there.
A skirmish occurred on the 30th, near Rolla,
Missouri, in which the Confederates are reported
to have been worsted.

A vessel (name unreported) had run into a
Southern port with a cargo of salt. A Canadian
steamer, laden with arms, is said to have been cap-
tured off Maine by a Federal revenue cruiser.

COURT OF COMMON COUNCIL.

A special sitting of the City Parliament was
holden yesterday in the Council Chamber of the
Guildhall, for the purpose of considering a report
of the Markets Improvement Committee, presented
by Mr. H. L, Taylor, the chairman of that commit-
tee, relative td the proposed new dead meat market
in Smithfield, and the other matters connected with
that subject.
The right hon. the LORD MAYOR presided.
'RESOLUTION OF CONDOLENCE.

The LORD MAYOR rose, and with a deep feeling
of emotion, and in profound silence, referred to the
death 'of the Prince Consort. He then said—l think
from what I know of the feelings entertained by
the court, that the course they will be inclined to
adopt will be to agree at once to a resolution of
condolence to her Majesty upon this melancholy
event ; and then, to show the deep grief felt by all
in consequence of it, that they will adjourn the con-
sideration of the business for which we have been
specially called together. (Hear, hear.)
Deputy HAWTREY, Chairman of the City Lands
Committee, said he was sure he was speaking the
feelings of every member of the court when he
asked them to agree to a resolution of condolence
to her Majesty upon the great calamity that had
fallen upon her and the nation at large by the death
of his Royal Highness the Prince Consort. His
feelings would not permit him to say more at that
moment, and he should therefore propose that the
court should agree to a resolution expressive of its
condolence upon the death of his Royal Highness,
and on :the great calamity that had befallen her
most gracious Majesty and the nation at large.
Dr. ADRAHAM, in seconding the motion, said he
felt quite certain that there was only one feeling
pervading in that court, as well as throughout the
whole country, upon the melancholy event that had
just taken `place, which was one of the most deep
and intense regret—(hear, hear)—and that they
and the country would concur in an expression of
the deepest sympathy for her Majesty and her family
at having sustained so melancholy a bereavement.
(Hear, hear.)
Mr. Sheriff COCKERELL (the senior sheriff) said
he understood that it was not usual upon occasions
like the present for any one but the mover and
seconder to address the court, but in the position he
,occupied he could not refrain from expressing the
deep sympathy he felt at the loss that had been sus-
tained by our most gracious Sovereign by the death
of her revered husband. The virtues of his late
Royal Highness would never be forgotten—it was
almost impossible to do justice to them at the pre-
sent time, but another duty remained—a duty to
the living, and it was becoming in all to express the
deep sympathy that was felt for the great loss she
had sustained.
Mr. H. L. TAYLOR said he was sure there could
be but one feeling with regard to the melancholy
event that had taken place, which was to express
the earnest sympathy that was felt by every mem-
ber of the court, in the best mode, and at the ear-
liest possible moment.
The Town Clerk, accompanied by the Chamber-
lain and the mover and seconder, then left the
court for the purpose of agreeing upon the terms
in which the resolution should be worded. Upon
their return the resolution was read to the court. It
was in the following terms :

" Resolved—That this court has received with
feelings of profound sorrow the melancholy intelli-
gence of the decease of his Royal Highness Prince
Albert, the consort of her Most Gracious Majesty
the Queen. That this court most sincerely offers
to her Most Gracious Majesty, and every member
of the Royal family, its deep sympathy and condo-
lence upon the irreparable loss her Majesty, her
illustrious family, and the nation at large, have
sustained. That this court, in recording its high
admiration of the distinguished virtues of the late
Prince Consort, of his constant solicitude for the
protection of British interests, and his encourage-
ment of education, art, and science, desires at the
same time to express the deepest feeling of loyalty
and affection for the person of her Majesty, with
an earnest prayer that, under divine Providence,
her Majesty's life may long b© spared, and be blest
with tranquillity and resignation under her Majes-
ty's most afflicting bereavement."
The resolution was put to the court and agreed
to unanimously, and it was then proposed and car-
ried that the resolution should be signed by Mr.
Woodthorpe, the Town Clerk, on behalf of the
court, and transmitted to Sir G. Grey to be laid
before her Majesty, as was also a motion that it
should be advertised in the usual newspapers.

Mr. H. L. TAYLOR then rose and said that al-
though the motion for which the court had been
specially summoned was one of considerable im-
portance, he quite concurred in the feeling that was
entertained, that it might appear to show a want
of respect to his late lamented royal highness if it
were to be brought on on that day, and he would
therefore move that the consideration of the subject
be postponed.
This was agreed to, and the court then adjourned.

LAW INTELLIGENCE, Dec. 16.

COURT OF COMMON PLEAS.

(Sittings at Nisi Prius in London, before Mr. jus-
tice Keating and a Common Jury.)

WILLIAMS V. WARDS:-ANOTIIER ACTION FOR ASSAULT

AGAINST MR. WARDE.

The defendant in this case was a gentleman who
some time ago attracted much public notice as de-
fendant in an action for assault upon Miss Hooper,
a young woman, who had been living with him as
his wife. The present action was also for an as-
sault, and the defendant pleaded that the plaintiff
was trespassing, and the assault was committed in
removing him. The plaintiff denied the trespass,
and alleged that violence was used in excess of
what was requisite to remove him, and to this the
defendant pleaded not guilty.
Mr. Hawkins, Mr, I)igby Seymour, and Mr.
Gibbons appeared for the plaintiff; Mr. Karslake
and Mr. D. D. Keane for the defendant.

Mr. Hawkins stated that the plaintiff resided at
Hucklecot, near Gloucester, and he brought this
action againSt Mr. Charles Thomas Warde, who had
an estate of about £12,000 a year, who lived at
Clopton Hall, in Warwickshire, and who was at
one time high sheriff of the county and ono of the
justices of the peace. The circumstances were
somewhat peculiar. Mr. Warde, about 20 years
ago, married a lady who by means of his miscon-
duct was afterwards divorced from him, and about
10 or 12 years ago he formed an acquaintance with
a Miss Hooper, who at that time was living with her
mother at Brighton. Miss Hooper was first of all
engaged by Mr. Warde to attend to his children,
but they were soon removed, and Mr. Warde set
himself to work to seduce Miss Hooper. During
the time that she lived with him he was guilty of
great brutality towards her. He went so far as to
inflict personal chastisement with a large cart whip.
She left his house, and consulted a professional
adviser, who recommended an action, in which she
recovered 1:,500 damages. During the time Miss
Hooper lived with Mr. Warde she became the
mother of several children, and as they remained at
Mr. Wardo's when she left, she was naturally
anxious for their welfare. Mr. Williams, the plain-
-tiff, had been acquainted with Miss Hooper before
she knew Mr. Warde, and some communications
passed, which resulted in an interview between
Mr. Williams and Mr. Wards, at. Clopton Hall. Mr,
Warde treated him civilly, and requested him to
see if he could get Miss llooper to come back ;
but on going on a subsequent occasion, Mr. W.rde,
who was a powerful man, 6 feet 3 inches high,
struck him a violent blow upon the chest, and it
was for the assault that damages were asked.
Mr. Edward Lloyd Williams—l am the owner of
a small property at Huckle-Cot, and I have been
acquainted with Miss Hooper and her mother since
1848. After the action I wrote to Mr. Warde for
her address, and afterwards went to see her in
Hertfordshire. At her request I afterwards saw Mr.
Ward() at Clopton Hall, and conveyed to him a pro-
position from her I saw Mr. Warde first at his
house in February last, and thanked him for send-
ing me Miss Hooper's address. He asked me if I
could get Miss Hooper to give up the name of the
party who was the cause of all the mischief between
them. He mentioned three persons whom he sus-
pected—his wife, Miss Hooper's mother, and a per-
son
,whom he called " that scamp O'Brien." I had
biscuits and wine with Mr. Warde, several glasses of
wine, in tact more than I liked at that time of the
day. When speaking of Miss Hooper, he was at
times almost in tears. He said she was the only
woman he ever loved in his life, and he loved her
still. I spoke of the woman he was then keeping in
the house, and said he could not expect Miss Hooper
to return there whilst that woman and her child
were in the house. I called her a lady in deference
to him, and he said, " Do not call her a lady, for
she is not a lady." He said if Miss Hooper
would give up the name of the person who had
instigated the action, he would send the woman he
had with him iu the house away and provide for

her child. I promised to see Miss Hooper, and he I
asked me if I would bring her there, or he would
come to see her at my house. I saw Miss Hooper,
and she• was very willing to go beck to Clopton for
the sake of her children. I arranged to go with her
to Clopton Hall in the beginning of August. We
arrived at the Hall about 7in the evening. Miss
Hooper rang the bell and asked if Mr. Ward° was
in. The servant girl replied that he had gone to bed.
Miss Hooper then sent in her name, and in two
minutes Mr. Warde made his appearance. I was
standing on the gravel outside, and Miss Hooper
was just inside the door. Mr. Wardc said to her
" What do you want here ?" She said, " I want to
seo my children." He pa,,sed her, and said to
me, What the do you come here again for ?"
and he struck tue with his fist a violett blow upon
the chest. If I had not moved back a sholj distance
down I must have gone. He said if that we :e not
enough for me he would lay a stick about my back.
I became very sick, and spat blood very soon after.
I went away without saying a word, and I was
obliged to lean on the gate outside for some time
time until Miss Hooper came out and assisted me to
the hotel. I have been confined to the house more
or less ever since, and I have been taking medicine
ever since. _ _

Cross-examined—l am a small farmer. I never
went by the name of Jenkins. I was at Stratford as
long ago as February last, inquiring for Miss
Hooper 's address. I wrote to Mr. Warde for her
address, asking for an answer to be sent to the
Gloucester post-office, and I signed the name of
Jenkins. A lad named Williams was examined on
the former trial, and I knew if I signed that name
that Mr, Warde would not give an answer. I got
an answer to say that he believed she was at Mr.
Porter's, a shoemaker, at Ealing. I told Mr.
Warde I had been to Ealing, and that she had
removed and had taken a public-house between
Watford and Uxbridge, and there I found her.
I told him some other person had instigated
the proceedings against him. lie did not say
those proceedings had cost him £1,300, and he
would not see Miss Hooper again until he had been
repaid that sum. I did not say I sympathisen with
him for being struck off the list of magistrates.
did not say the lad Williams had since told a great
deal more than be said in court. I am not a married
man. I fetched Miss Hooper to my house, and she
has beon living there ever since. I:received this
letter

" 3d May, 1861.
" Mr. Warde hears from a person of the name of
Williams that Miss Hooper wants to give up the
name of the party who has caused the mischief be-
tween him and herself. This she herself promised
fifty 'times to do, and until this is done and £1,200
paid for her late action is restored to Mr. W arde,
he declines all correspondence and intervie we. The
children quite well."
In front of Mr. Warde's door there was an
orangery, and it was j ast outside the door of this
that Mr. Warde met me. Ido not know bow long
it was before Miss Hooper came out, whether it was
an hour or two. My medical man, Mr. Graves, is
not here. _ _

Re-examined—l have subpoenaed him, and tele-
graphic messages have br'en sent for him.
Miss Anna Maria Hooper—l am unfortunately
acquainted with Mr. Warde, and I also know Mr.
Williams. I have three children living with Mr.
Warde, and I asked Mr. Williams to go with me to
get an interview with my children, because I
thought it was not safe to go by myself. Mr. Warde
struck Mr. Williams a blow on the chest; and when
I saw Mr. Williams again outside he was violently
sick and complained of his chest. I saw him spit
blood frequently. He had not been ill before he
went to Clopton. He was attended by Mr. Graves,
a medical man at Gloucester. He had medicines
and laudanum fomentations.

Cross-examined—Reconciliation has never taken
place between Mr. Warde and me. I did go to Mr.
Warde's alone on the following day, and staid there
from 12 to seven. I have not been since.

Matilda Hemwood (a servant of Mr. Williams,—
He was in perfect health before he went to Clopton,
but after he came back he was sick and ill. I have
prepared fomentations of laudanum and water for
two or three months for him. Mr. Graves has at-
tended him down to the present time.
James Holder—l am in the service of the plaintiff,
who was in a very good state of health before he
went to Cloptti Since then he has been very bad
with pains in chest. I have fetched his medicine.
Dr. Meredith—Three or four days ago I saw Mr.
Williams, and found him labouring under a nervous
disposition, which might have been caused by a
blow on the chest. He was unable to write on ac-
count of trembling, apparently from nervousness. I
could detect no physical signs of a blow, but what I
saw might have been caused by a blow.
Mr. Alfred Haines said that he had caused Mr.
Graves to be subpcenaed, and had done everything
he could to secure his attendance.

Mr. Kerslake, in opening the defendant's case,
complained that circumstances had been imported
into the case which had in truth nothing to do with
it, and stated that Mr. Warde's account of the
matter was, that he gave Mr. Williams clearly to
understand that he would not be reconciled to Miss
Hooper until the name of the party who had insti-
gated her to take proceedings against him were
given up, and until he had been paid £1,200, the
expense to which he had been put by the proceed-
ings. According to his letter he declined all fur-
ther correspondence or interviews until this was
done, and therefore when the plaintiff went to
Clopton Hall on the occasion in question he went
as a trespasser. He asserted that the statement
that when the plaintiff went to Clopton Hall he was
in perfect health was untrue, and this was shown by
a paragraph in the letter of the plaintiff's attorney,
claiming compensation, in which he said, "He was,
at the time of the assault, in a very weakly condi-
tion, and just recovering from a previous illness of
some duration," Mr. Warde would be called as a
witness, and he would state that all he did was
this. Not choosing to have Mr. Williams there
accompanying Miss Hooper, he placed his hand upon
his breast and told him to go, and he went. This
was all that was done.

At this stage of the proceedings the further hear-
ing was postponed.

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT.—WARwIcrc, DEC. IG.
(Before Mr. Justice Willes.)
MURDERS AT BIRMINGHAM.

John Thomson, 42, wire-drawer, was indicted for
murdering Ann Walker, at Birmingham, on the
29th of September last. .
Mr. Spooner and Mr. Palmer were for the prose-
cution ; Mr. O'Brien defended the prisoner.
The prisoner had cohabited with the deceased for
about three months before the murder. On the day
in question the two came together from Sutton in
order to visit the fair, and having delayed until it
was too late to return, they went to No. 8, in
Tanter-street, which is kept by a woman named
Beresford, and is inhabited by several prostitutes,
and there got a bed. Next morning they had
breakfast in the house at about eleven o'clock, and
about noon they went out together. The woman
returned by herself at three o'clock, and was at
that time visibly the worse for liquor ; indeed, so
marked was her intoxication that she had been
hustled in the street in consequence. She asked
permission to go upstairs and lie down on a bed for
a few :minutes, and this being granted she imme-
diately went up. Soon afterwards. Thomson came
in, and went upstairs to her. It should be stated
that while out Mrs. Walker had met in the street a
man with whom she had formerly cohabited, and
that he threatkmed to ill-use her, and thus gathered
a crowd around them. Thomson and Walker had
not been long- together upstairs before the women
who were down below heard a noise of quar-
reling, mad. Beresford, . the keeper of the
house, went up and found that Mrs. Walker had
knocked her arm against the wall in some way, and
that Thomson was rubbing it. She heard him say.
" Will you go home to Sutton now ?" to which Mrs.
Walker replied, "No, I will not." Seeing that the
two were moderately quiet, Beresford went down-
stairs, but no sooner had she sat down again than
she heard a stifled scream.• A young woman named
Elizabeth Green,.an unfortunate, living in the house,
went this time, and was horrified by seeing Thom-
son, who was then leaning over Mrs. Walker on the
bed, stab the unfortunate woman in the neck with
an open pocket-knife, and then drag her off the bed.
Green ran downstairs screaming violently, while
Beresford ran up and saw Thomson, who seemed to
be quite cool, deliberately cutting the throat of his
miserable mistress as she lay on the floor. When
apprehended the prisoner said it was all through
drink.

Mr. O'Brian contended that there was no eviderce
of premeditation on the part of the prisoner, and
that the jury would not be justified in brirving in a
verdict of guilty of murder.
The judge said he could not see how cutting a
woman's throat could be made manslaughter.
The jury returned a verdict of wilful murder.-

His forciship then passed upon the prisoner
sen-
tence of death, telling him there was not the
slighteit hope of a mitigation of punishment.
John Grayson Farquhar, 38, was indicted for
feloniously, wilfully, and of malice aforethought,
shooting Elizabeth Brookes,'at Small Heath, near
Birmingham, on. the 29th of August last, being
charged with her wilful murder, on warrants of the
borough coroner and the stipendiary magistrate of
that borough.
Mr. Adams and Mr. Palmer prosecuted ; Mr.
Macaulay, Q.C., and Mr. O'Brien defended.
The prisoner lived in a retired manner at Small
Heath, ndaiTirininghain) on an income o' about

DM a year, Me was a widower with a daughter
of 12 years of ago when he met his victim, Eliza-
beth Brookes, who was then 19 years of age; and
the young woman, whose mother was dead, and her
family in Australia , entered his service as house-
keeper in January,
1860. She had one child by
'
him, which died. It
would appear that he mani-
fested uniform kindness to her except at such times
as ho was intoxicated, whw.'n he exhibited considerable violence of behaviour, .and this was far from
being a raro occurrence. It is worthy of remark
that he always kept loaded firearm o and a dagger ill
the house. His appearance is that of a man natu-
rally prone to anger, whom it would be dangerous
to offend; but his mistress appears to have lived
with him on the very best of terms up tto the day
and even the hour of the murder. On tho 2901 of
August he proceeded with her into Birmineam for
the purpose of ordering a new silk dress fo.r her,
and they returned in the afternoon in a cab,
bringing Nvith them a fowl, some cheese, and other
thirigs, l'ho cabman accompanied them into th©
house and haA some ale, whilst the prisoner sent
his daughter .upstairs for a large'and old-fashioned
horse-pistol, vir,hich he discharged through the open
window, and th en asked the man if he considered
the report undo was very loud: This singular
proceeding took place before Elizabeth Brookes.
The cabman w,as vaid his fare and retired. The
deceased took off. her bonnet and shawl, and tea was
ordered. Mary Phillips, the servant girl, brought
in the tea things
by and bye was sent by the
prisoner for a cab, ,Site noticed that her master
could not walk perfectly' .straight, and observed that
he seemed " quiet"--a sign that he really was under
the influence of drink. PhOlips ordered the cab at
the Small-heath Toll-gate, anal as she returned she
heard the report of a pistol. Pia one was there but
the deceased, who was bleeding from a wound in
the breast. There was a circular wound under the
nipple of the left breast, from which the blood was
freely flawing, and the horse pistol lay near her on
the floor. She was sitting at the piano, but turned
partly round. The affrighted girl fled from t his
chamber of horrors, and met her master coming in to
the house with Mr, Penny, a neighbouring grocer.
She told him ti`lat the cab, which had followed herr
had come; but the prisoner instantly countermanded
the order that Lt had previously given, and said the
cab was not wanted then. Almost immediately
after the ret.,ort of
st
houpistol Mr. Penny saw Farqu
go to his child, who was
har come out or h
playing in the front, and speak to her. He then
went across to Mr. Pei, nY, and voluntarily told him.
that " murder had be done." From this point
Farquhar continued to UM ke admissions which were
conclusive as to the crime a, nd its cause, which was
jealousy.
After a lengthy absence the,, -jury returned a ver-
dict of " Manslaughter ," and ti, e Jude
sentenced , remark-
ing on the prisoner's narrow escape,
hiat
to penal servitude for life.