The Sun.
London, England, 1861-04-02 00:00:00

FIELD-DAY AT MAIDSTONE.

A gathering of the 3d battalion of Kentish Volun-
teers took place in the Mote-park, Maidstone. This
battalion comprised the Ist (Maidstone), 9th (Chat-
ham), 12th (Dartford), 15th (Sutton), 19th (Roches•
ter), 20th (Northfleet), 22d (Sheerness), and 31st
(Leeds Castle), Kent corps, all of which had cor-
dially responded to the invitation to be present,
issued by Lieut.-Col. Scott, the commanding officer
of the battalion ; and as the 39th Kent (Mailing)
corps had also expressed a wish to take part in the
proceedings, permission was readily accorded. The
Earl of Romney kindly granted the use of his park
(in which the old volunteer force of the county were
reviewed towards the close of the last century by
his late Majesty George III.), and notwithstanding
the unfavourable weather, a large number of per-
sons assembled, the interest being increased from
the fact that this was the first aggregate gathering
of volunteers which had taken place in the locality.
Most of the corps arrived by train, and marched
through the town, preceded by their bands, playing
spirited airs. On their arrival at the park they fell
out for a time for refreshment, the number of men
upon the ground being about 600. They afterwards
reformed and marched into column shortly before 2
o'clock, the hour appointed for the review. Lieut.-
Col. Scott (in command) and Adjutant (Major)
Laurie, of the 3d battalion, were present, with the
officers attached to the various corps, and also a
considerable number of the military from the cavalry
depot. The usual battalion movements were gone
through, including skirmishing, hdvancing, and
firing by wings, &c., the whole being executed in a
manner which showed that the volunteers in this dis-
trict were determined not to be behind those of other
parts of the country in rendering themselves effi-
cient for the duties they had undertaken. At the
conclusion Lieut.-Col. Scott addressed the men in
terms of high commendation at the way in which
they had acquitted themselves, and which was the
more creditable from the fact of this being the first
time the whole of the battalion had had the oppor-
tunity of acting together. Provision had been made
for the volunteers and their friends to dine in a
marquee on the ground, but the state of the weather
prevented this, and the dinner consequently took
place in the Corn Exchange. The ground in the
park was kept by mounted troops from the depot.

ASSIZE INi ELLIGENCE.

HOME CIRCUIT-KINGSTON, April 1.

(Before Chief Justice Erie and a Special Jury.)
LOMAX V. NORTON.

This was an action brought by John Lomax, to
recover damages from Louisa Norton, for her breach
of promise to marry him.
The defendant first pleaded that she did not
make the promise in manner and form mentioned,
and she also pleaded that at the time the promise
was made she believed the plaintiff to be a man of
chaste and moral habits and decent behaviour, and
that she had since ascertained that he was a man of
unchaste and immoral habits, and on that ground
she justified her refusal to marry him.
Serjeant Ballantine, Serjeant Parry, and Mr.
Foster appeared for the plaintiff; Mr. Edwin James,
Q.C., Mr. Lush, Q.C., and Mr. T. Salter were coun-
sel for the defendant.
. The learned judge, before the trial commenced,
threw out a suggestion that the cause was of such a
nature as to render it necessary to avoid, if possible,
going into a public inquiry. The learned counsel
on both sides, however, stated that they could not
agree upon any terms, and the• cause consequently
proceeded.
Sergeant Ballantine, in opening the case for the
plaintiff, said he and his learned friend would have
been extremely glad if they could have avoided en
tering into the present inquiry, but he was afraid
that there was no alternative. it was, under all
circumstances, always a very painful matter. When
a gentleman brought an action of this description
against a lady, there were always unpleasant mat-
ters which it was as well to prevent being made pub-
lic, and he said his learned friends had done all in
their powerto avoid publicity on the present occasion,
but they had not succeeded, and it was therefore his
duty to lay the facts before the jury. The plain-
tiff, he said, was about eight-and-thirty years of age,
He was,connected with literary pursuits, as he was
instructed, and had considerable expectations of
property at the death of his mother, who was a very
aged lady. The defendant was ten years younger
than the plaintiff, her friends were very wealthy
and respectable, and she was also possessed of con-
siderable personal attractions. They first became
acquainted about 10 years ago, and they were on
very friendly terms, but the fan.ilies became sepa-
rated, and did not have any communication with
each other until February, 1858, when the defendant
met the plaintiff accidentally at a sale, and invited
him to her house. The intimacy then continued,
and there could be no doubt that a very strong
affection sprung up between the plaintiff and the
defendant, and that they were engaged to be mar-
ried, with the full consent of the parents of both,
and the present action was brought against the de-
fendant for having broken that promise. He thought
it right to state that there did not appear to be the
slightest mercenary feeling on either side, and he
would admit that there was no ground for suppos-
ing that the young lady was actuated in her refusal
by the slightest feeling of a mercenary character,
neither had the plaintiff any such object in bring-
ing the present action. All he desired was to obtain
such a verdict as would relieve his character from
the imputations that had been cast upon it during
these proceedings, and by the plea that had been
placed upon the record.
Lord Chief Justice Earle here interposed, and said
that after the statement that had just been made by
Mr. Serjeant Ballantine, he really thought it would
be much better for all parties that the inquiry
should not be proceeded with.
Mr. Edwin James said he had done all he could
to avoid having a public inquiry in a case of such a
nature, but the father of the young lady, who was
defending the action on her behalf, felt that there
were circumstances connected with the inquiry
which left him no alternative but to lay the whole
case before the jury. ,
Chief Justice Erle said he understood that no
money was desired to be obtained by the plaintiff.
Sergeant Ballantine said, certainly not. If the
young lady had said that she was tired of the plain-
tiff and wished to break off the connection, hia client
would have been perfectly content.
Mr. Edwin James repeated that he had done all
he could to induce the father of the young lady to
come to some terms, but he peremptorily refused,
arid therefore there was no alternative but that the
trial should proceed.

Sergeant i3allantine then proceeded with his ad-
dress, and he read some short extracts from conesd-
, pondence that had passed between the plaintiff n
the defendant for the purpose of showing that a
strong feeling of attachment had originally existed
between them.
Mrs. Lomax, the mother of the plaintiff, was then
called as a witness.
Chief Justice Erle, before she was sworn, however,
again f
interposed, and said tahterahtalotfhothue yoghthunisgalcatdioy,n
might be defended by the
still, whatever his feelings might be upon the sub-
ject, the young lady herself was the real party in.
terested ; and having considered the nature of the
action, and what had been stated by the learned
counsel on both sides, he had no hesitation in ex-
pressing his opinion that it would be very much to
the interest of Miss Norton, and to that of her
family also, if some arrangement were come to to
avoid going, into such a painful inquiry as this must
necessarily be. He at the same time said he enter-
tained a very strong opinion that if the young lady's
father persisted in proceeding, he would most as-
suredly one day deeply regret what he had done, as
he would find that he had caused his daughter very
much unnecessary pain and annoyance. By going
on with the case, annoyance and injury might un-
doubtedly be caused to the plaintiff., but it could not
benefit the defendant.
Mr. James said he was much obliged to his lord-
ship for 'what he had stated, which entirely coin-
cided with the view he had taken of the matter.
He and his learned friend Mr. Lush had strongly
advised Mr. Norton to come to some arrangement
that would prevent the necessity of going into a
public inquiry, but he appeared determined to pro-
ceed. He thought it right at the same time to state
that although at one time Mr. Norton was un-
doubtedly willing that his daughter should be
married to the plaintiff, he subsequently received
information respecting him which led him to be-
lieve that the marriage could not be a happy
.one,
and it was therefore through him that the marriage
was broken off, but with the full consent of the I

defendant, and he was now prepared with ail'
of evidence to justify the course he had taken'
The learned judge again intimated his swi
opinion that some arrangement might to be CO,
between the parties, and after some conferety,
was arranged that a juror should be withdrsl
that all the letters that had passed betwell
parties should be delivered up; that the defen
should withdraw all imputations upon the chlulid
of the plaintiff; and that the second plea sholl'
withdrawn.

---
NORTHERN CIRCUIT.—LIVERPOOL, API
CROWN COURT.
(Before Mr. Justice Hill.)
MURDER IN LIVERPOOL. cj
Thomas Donegan was indicted for the,e2
murder of James Cassidy, at Liverpool, on teed
January last. The prisoner was also ellarg
the coroner's warrant.
Mr. Aspinall and Mr. L. Temple were for
prosecution, and Mr. Little for the defence. j
On the 26th January (Mr. Aspinall inferred,
jury in opening) the prisoner was entering..,tPti
of a public-house at the corner of Dale-sure i
Johnson-street, Liverpool. The house 115'01
in each street, and both communicated W;rp
bar. A man named Heffman (a corn Periemed
coming out of the house at the time, and +l4h° e rd
pute having arisen between the two as t° f1,,-1100
allowed for each other to pass, a scuffle,'"neril
and several blows were struck. The Pr'B°-hisl
ceeded in entering; and the noise of the set— ell
attracted the attention of those inside "", veol
orpersons outside the house, a number el 80
entered by the door in Johnson-street, and..„1400
disturbance, in which the prisoner took aPA ",880
part, took place within the house, The deeetl4el
not there at all, and took no part in the tad
any time. After some time the landlord e)-10,9
the people from the house, and Donegan'4lthd,
who was near the spot at this time, seeing to,
soner in a very excited state, thought it best rierl
duct him home. 'He took hold of the rins°clk
the arm and was leading him away, when'Boe,
caught sight of Cassidy, who was standing 'er!
a wall quietly smoking his pipe, The pritbor
viously took Cassidy for one of the persona Abel
been engaged in the quarrel, as he said,
;,`"fit,
one of them ?" and though assured by J ~gd,,7
that Cassidy had taken no part in the 07,
prisoner nevertheless rushed at him, and strllo,
in the neck with a knife or some sharp ingl el!1
Cassidy fell, and never rose again. Indeeetlto
been wounded so severely that he died alb,
stantancously. The witnases would give Pni ,
rect
the same version of the case which he (Mr•Aeriejf
had just related, and the only question for oit)
would be whether or not anything had,;,,,b ,j,
between the prisoner and anybody else viii,'"ifr,
have brought him to that state of hot bloouee
under all thecircumstances, would reduce t,h,
from murder to manslaughter. The learned
man then called witnesses. ii'A kf IrA
Tto he first witness, James Barlow, son of Niorier4
of the public house, spoke generally 'hoof
and Heffman having been drinking in the '
~
the night mentioned. 09
Heffman (next examined), stated that he ,r,
H .j,
assailed, on entering the house, by the prie°,!tor
struck him in the face, and on effman I.'
the blow the barman turned them out.
Another witness, named Miller, who was
the the public house a little later, saw Cassil,o.„ll
out at a side door in a state of intoxiea-olv
leaned against a wall, and while in this ;,..011
Donegan came up to him, and after askingfrood
you one of them ?" struck him with a itni3O
left side of the neck, saying, " Take the:* a 1
blood gushed forth, and death took One" j
immediately. evil
John Jones, who was passing at the tintose,
the evidence as to Donegan giving the deaf
blow with a knife. The prisoner then ran
and Cassidy fell down and died. One of t7e4
officers who assisted to capture Donegan stet
there were about 30 people engaged in "„):11
within the public-house, and that when apP% hir
Donegan had a yellow mark, as if from "
round one of the eyes.
~. Vij
A surgeon from the Northern DispensaAlVoc
pool, stated that on examining the heuiaolv
deceased he found the jugular vein cut, d
this had caused death. tbe
Mr. Littler, for the defence, urged that 8 `'do
would not warrant a verdict of murder, :0,
was no evidence of there being in his minas 6
time that " malice aforethought," which Wtber)
tial to the crime of murder; and that ",
serious aspect of the case would not justify "
more severe than manslaughter, teo
The learned Judge, in summing up, sea tr
prima facie all killing was murder, but ,relfi
there waswvidence of aggravation or q 0 01011i1
leading to hot blood, the law, in mercy tee
infirmity, reduced the crime to manslaughis'ir
it was for the jury to say whether there 094
evidence of hot blood in the present case. i,ct,i
The jury retired to consider their ver,°,ltery
shortly afterwards retxrned, and aegnar
prisoner of murder, but found him guilt,' e i
vated manslaughter. 001/
The Judge, after commenting upon the efil 0
of the offence, sentenced Donegan to Pen
tude for life. i

ANOTHER TRIAL FOR MIJRDO‘ 101, fot
Joaquin Francisco, 27, a Brazilian 5e1.10,1
indicted for the murder of a Spanish sal 07
named Francisco, on the 17th of March, I/
pool. secov
Mr. J. B. Aspinall appeared for the Pl° fa
assisted by Mr. Conway; and Mr. Temple
defence. "adY
The jury were composed half of SParlitroi
half of Englishmen, and the necessity t(,),
by interpretere the evidence of nearly fuh
the
nesses (who were Spanish or Braziliae
greatly protracted the case.
ver ;e,
It appeared that the deceased and pri-e"ji
en the night mentioned at a boarding he-noe
of
by a person named Florentine, near the doe cori
that some dispute arose between them iiirb
quence of some gallantries offered by thee, 1;
to one of the female servants in the hone to:i
quarrel increased, and the two men went idece?
street to fight it out. Before, however, the ifo9
had time to strike a blow or to place binisevri
defensive, the prisoner rushed upon hire, „9
a knife or some other glittering weaP?7,o6l
deceased in the neck, causing him to fall :it
afterwards to die. The prisoner then vie„;,ria
and changed his clothes, but he was soon a".„etri
arrested, and was then observed to pass sewlie)
to a friend, and afterwards to throw a lve-SO;V
some kind into the fire. The fire was notes if
immediately, but when it was examined :oft
blade was found (the handle having been eeril9
and subsequent chemical tests bad prove' io)
had been stained with human blood. Aso tlero
previous case, it would be for the jury trojeoil
whether the act of the prisoner wasp erf°o9
that heat of temper which reduced the c_45,1,
11W to manslaughter, or whether there
o,
vPtrr
f. 4
malice which would justify a colinnithl for ,aw
Such were the leading facts, to which fl
e
witnesses deposed.
h 6
Mr. Temple, for the defence, though Te nor il,
deny that the wound inflicted by the Pries'seoy
caused Francisco's death, argued that thellinorii
razor by the prisoner was not with the hiligiltd
murdering, but merely of wounding and' isotro,
the deceased. The learned gentleman dwelt, died
upon the fact, elicited towards the close 01 a or"
deuce, that a large carving knife was form s,
the person of the deceased, beneath his cloth oPir
his death, and said that the presump •n lbeo,#
this knife was intended to be used again
ceased, between whom and the prisoner the
0/1
previously have been ill blood.
otte 1/t
His lordship, in summing up, drew
of the jury to similar legal distinction t° ,ho
had before noticed.
elle; j
The jury retired, and, after a brief 9.-„5213t,-.11,
turned with a verdict of guilty of m 8011700"
The prisoner was sentenced-to penal or
life.

GoitE.—On Good Frißdayl,HatTMliargate, the Wife °f
I'‘
Gore, E., of a son
KEMBLE. sq
On the 31st.
ult., at Bath the wife of
iteStrj
Charles Kemble, of a daughter.
RICHARDS.—On Easter-day, at •
4, Porches.ej
r 01°'
wife of Charles Richards, Esq., of a daughter.
MARRIAGES. tiberei
RAYNHAM—WILLIAMS.—On the 29th Ult., e' ,„
13
church. Clapham, Surrey, James, second ei—cuitig
Raynham, of Rectory-grove, to Eleanor, eldeF3-
of Mr. T. Williams, of North-street, COIP)
WE6T—EMERY.—On the 21st ult , at St. FainBTBl3lllt
town Mr. Edwin Francis West: of Clifton, t%.ap,
Emery, eldest daughter of Mr. Joseph Jain°
Westbury. terrace, Bayswater.
te, TliS, T raeo
CHABOT. —On the 29th ult at Camberwell, d Aef'
Chabot, Es., aged 72. .„03,
COTESWORTILq —On Ow 29th alt., at Cilelten-sq
rietta, daughter of the late Robt. Cotesgrole'
wander, of H.M.'s Packet Service, Falineutil. le
DAvis.—On the 30th ult., Captain George
Cheltenham, aged 60.
HOWDEN. —On the 30th ult., William Bowden' d~
Great George-street, Westminster, aged 36*
HENDERsoN.—On the 30th ult., suddenly, at
near Sandwich, Kent, William Henderson, '
74. r
"al
W ISE —On the 31st ult., in London, Fanny, W o
„se
late Rear-Admiral Wise, C. 8., of Hoe-gate
mouth, aged 68. Ot

LONDON : Printed and Published by 3.11.. RV) • A 0 Oreopf
No. 112, Strand, Printer, at THE SUN OtEce, Na • 11'0
in the Precinct of the Savoy, in the County
Tuesday, April 21 1861.

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