The Sun.
London, England, 1861-03-11 00:00:00

MIXED MiRRIAGE LAW.

The anomalous penalty for mixed marriages had
been the subject of serious attention here before the
Yelverton case brought it under general notice, the
Dublin Statistical Society having, through one of
its committees, under the presidency of Mr. Francis
Codd, furnished a report upon it, in which it was
recommended that the Penal Act should be re-
pealed, which would facilitate the public registra-
tion of marriages. Mr. James Moncrief Wilson.
the committee's honorary secretary, has republished
the report with the view of promoting the prosecu-
tion of its recommendation at the present juncture.
Great excitement was produced among the Pro•
testants in Armagh yesterday on account of alleged
jury-packing by the Crown in the trial of a number
of persons for taking part in an illegal procession
on the 12th of July. The Protestants complain
that in a Protestant county, and out of a jury list
in which Protestants are to Roman Catholics as ten

to one, the Crown managed to obtain a jury in
which the Roman Catholics are to the Protestants
as ten to two. A jury exclusively Protestant had
found one of the Orangemen guilty of manslaughter;
another jury with reference to which the Crown had
exercised the right of challenge had acquitted the
prisoner charged with a similar offence ; it was in
the swearing of the third jury that the packing is
alleged to have taken place. The long panel was
called over, and the first two jurors who answered
to their names being Protestants were set aside by
the Crown ; the third, being a Roman Catholic, was
sworn. The same process was carried on till a
jury consisting of ten Roman Catholics and two
Protestants was obtained, 19 Protestants having
been set aside.

The counsel for the defence stated that this was
the result of a conspiracy to obtain an exclusively
Roman Catholic jury. Certain gentlemen, he
asserted, including some of those placed on the
jury, had formed an association, and published a
document, and collected subscriptions for the pur-
pose of defeating justice, and to set aside the jurors
who were Conservatives, and get Roman Catholics
exclusively put on the list for this trial. One of
the Roman Catholic jurors indignantly denied the
charge, and thought it very hard that it should be
made. The judge agreed that he had reason to com-
plain, and said that it was a charge of conspiracy
that should be tried. The Attorney-General insisted
that it should be thoroughly investigated, and Mr.
M‘Mechan, the counsel for the prisoners, assented,
but withdrew his challenge when he learnt that
the triers—the first two jurors sworn—would be
Roman Catholics. In consequence of an observa-
tion of the judge he subsequently agreed to prove
the charge, out his lordship would not permit him
to do so at that stage of the proceedings. It should
be observed that the 24 gentlemen who had served
on the two previous juries were objected to by the
Attorney-General, and the judge admitted that
they ought to stand aside. It was on this ground
that some of the Protestants were objected to. All
publicans, though Roman Catholics, whose names
appeared on the list were set aside by the Crown.
The judge, Baron Fitzgerald, brother of the Bishop
of Cork, fully concurred in the course adopted by
the Attorney-General. There was someting like a
0 scene " between his lordship and the prisoner's
counsel.

" Attorney-General—l am quite willing, under
those circumstances, that the gentleman should
stand aside.

" His Lordship—Very well; let him stand by.
" Mr. M'Mechan—l object to it, my lord. I say
there is no reason for your lordship putting this
gentleman off the jury, and that it is contrary to
law.

" His Lordship—Mr. M'Mechan, with reference
to the statement you have now made, I think you
must be conscious, on consideration, of the impro-
priety of it.
" Mr. M'Mechan—My lord—
" His Lordship—l wish to hear nothing more on
the subject.
" Mr. MiMecban—l founded my observation on
cases decided in this court.

" His Lordship—Mr. *Meehan, you are in this
position—that you can make what statements you
please in reference to me, and I can make none in
the position in which I am in reference to you.
Into any discussion with you I will not enter. I
am endeavouring to discharge my duty to the best
of my power, and I must ask that when I have
ruled a point no observations shall be made.
"Mr. M'Mechan—My lord, I—
" His Lordship—l wish, Mr. *Meehan, that the
business of the court shall be proceeded with."

A report having been circulated that Sir John
Arnott, M.P., was about to abandon Kinsale, and
offer himself as a candidate for Cork, on the retire-
ment of Dr. Lyons, he has given the report a posi-
tive contradiction, adding, "My Kinsale consti-
tuents, unsolicited, did me the honour of electing
me for their ancient borough, and I have no idea of
deserting them while they continue satisfied with
me." It is announced that Mr. John Nicholas
Murphy will offer himself for the representation of
the city when Dr. Lyons retires.
The National Board of Education has got its now
charter, rendered necessary by the increase of the
number of its members from 15 to 20. On this
subject the Dublin Evening Post of to-day has the
following remarks :
"Considering the present fair and impartial con-
stitution of the Board on which Protestants and
Catholics arc equally represented—some of the most
faithworthy Catholics in Ireland being among the
latter—we look with strong hope to the salutary
effects of a system of administration in which the
legitimate claims of Catholics are now for the first
time recognised, whilo ample care is taken to protect
the rights and interests of all denominations."

LAW INTELLIGBNCE, March 9.

DIVORCE COURT.

(Before Sir C. Cresswell, and a Common Jury.)

SHABOT V. SHABOT.

This was a suit instituted by the wife for a di-
on the ground of her husband's adultery,
cruelty, anti
' desertion, to which the respondent
pleaded denial. Spinks appeared
Dr. Phillimare, Q C., and
for the re-
for the petitioner and Mr. M'lntyre
spondent.
From the evidence for the petitioner, it appeared
that the parties were married in October, 1847,and
Cohabited until the December following, since
which time they had lived separately. The adul-
tery was alleged to have taken place shortly after
the marriage with a female who was the tenant of
one of respondent's houses, and a married woman.
The discovery of this illicit intercourse led to
quarrels between petitioner and her husband, and
to a systematic coarse of ill-treatment on his part,
which consisted of knocking her down, giving her
black eyes, kneeling on her stomach, and other acts
of a similar character. This violence attained to
such a height that a separation took place. The
respondent then went to live with a woman named
Anthir, at hye. This fact coming to the know-
ledge of the petitioner, she went to Rye and
knocked at the house where she had been informed
he was residing. She vvaS accompanied by a
friend, who, on opening the door, asked if Mrs.
Shabot was at home, to which the respondent re-
plied in the affirmative. The petitioner then pre-
sented herself and said " That is not true, for I am
your lawful wife," upon which the respondeni
knocked her down and closed the door in her face.

In the cross-examination of the petitioner it was
elicited that ou one occasion of alleged ill-usage,
shortly subsequent to the marriag?, she had flung
the teakettle and a chair at her husband, and that
the respondent summoned her before a police court,
when she was fined £3 for the assault. It was
further extracted from the petitioner that a year
after the marriage a deed of separation was exe-
cuted between her and the respondent, and that he
had since allowed her £l9 10s. a-year.
For the defence the respondent was examined,
and denied most postively that any impropriety
took place between him and the female tenant, as
deposed by the petitioner. He admitted having
pushed the petitioner down on the occasion of her
calling at his place at Rye. He denied any antece-
dent act of violence towards her. He added that her
conduct towards him during their brief period of
cohabitation was of a nature calculated to en-
danger his life. On the occasion of the slightest
dispute between them every available domestic
utensil was thrown at him by the petitioner.
In his cross-examination he admitted that he
had written a letter to the petitioner after their
separation in the following terms :
" My DEAR WIFE,—I ask, as a small token,
some gift from you in remembrance of one I have
left behind, who is dearer to me than all the world
besides. The same gift will be held by me when
far away as the most precious token. I hope you
will not refuse.—Your affectionate husband,

" JAMES SHABOT."
The respondent did not admit having written this
letter nntil its production, and added that he had
forgotten the circumstance.
Sir C. Cresswell summed up, and with his usual
ability commented upon the salient points of the
evidence, and

The jury returned a verdict for the petitioner on
all the issues.

Sir C. Creswell then granted the decree nisi,
with costs, against the respondent.

BROWN V. BROWN AND BEDSON.

The suit was instituted by the hnsbaud, a lawyer's
clerk, to obtain a dissolution of marriage, on the
ground of his wife's adultery with the co-respon-
dent, to which there was no defence.

Dr. Spinks and Mr. Welsby were counsel for the
petitioner. _ _ _

From the evidence it appeared that the parties
were married in 1846, and they cohabited until
1853, when Mr. Brown took a house in the neigh-
bourhood of Red Lion square, which he let out in
lodgings. The co-respondent took apartments in
his house, and the alleged immoral intimacy took
place between the parties. Mrs. Brown ultimately
left her husband in 1856, and cohabited with the
co-respondent in Turnstile, where ho had opened
an eating-house.
The facts were fully proved, and
The jury found a verdict for the petitioner on
all the issues.

The learned Judge granted a decree nisi.

ASSIZE INTELLIGENCE.

OXFORD CIRCUIT.—WORCESTER, MARCH 9.
(Before Mr. Justice Wilde.)
DEFRAUDING A BANKRUPT'S CREDITORS.
John Humphries was charged with stealing sun-
dry dessert, dinner, and tea services, decanters, and
other goods, the property of the assignees of Joseph
Clarke, of Kidderminster, a bankrupt.
Mr. Powell conducted the prosecution, and Mr.
Kencaley the defence.
The bankrupt, who was a tanner, was involved
in the great leather failures of last summer. He
failed for about £66,000, and there were about
£13,000 of assets, but of these a large proportion
had been clandestinely made away with, and for
which parties have already been convicted at Wor-
cester Assizes. The prisoner was charged with hav-
ing stolen the articles named in the indictment.
Evidence was given to prove that the articles alleged
to have been stolen, together with 20 sovereigns,
were found in the prisoner's house, about nine miles
from Kidderminster. The defence was that the
articles had all been given by the bankrupt Clarke
(who died soon after his bankruptcy) to the sister
of the prisoner, who had been living with him as
his housekeeper for six years.
Miss Humphries was called as a witness, and she
swore that the articles had been given to her last
summer by Clarke, and that she was about to be
married to him when he got into difficulties.
Under these circumstances the judge directed a
verdict of acquittal.
Samuel Humphries, charged with stealing other
goods belonging to the bankrupt Clarke, was also
acquitted.
CRUEL TREATMENT OF A LUNATIC. Samuel
Vick, Joseph Lacey, and James Thomas were
charged with unlawfully and maliciously inflicting
upon one Patrick M'Kenna grievous bodily harm,
at Powiek, on the 3d ultimo.
Mr. Richards prosecuted, Mr. Powell defended
Lacey and Thomas.
This was a shocking case. The unfortunate man
M'Kenna was an inmate of the Worcestershire
Lunatic Asylum at Powick, near Malvern, and on
the 3d of February he had become a little refractory
and refused to put on his necktie. Vick was the
principal keeper in the particular part of the asy-
lum in which the man was confined, and he appears
to have lost his usual self-control, and to have used
M'Kenna in a most violent and brutal manner. He
had thrown him with great violence on the floor,
and on the ground kicked him on the breast and
ribs, bursting in his breast bone and breaking seve-
ral of his ribs, besides tearing the flesh under his
arm.
Dr. Sherlock, the medical superintendent at the
asylum, described the extreme violence to which
the unfortunate lunatic had been subjected, and
stated that for some time he was in extreme danger;
but he hoped no fatal results would now follow.
The fact of the cruel treatment of the man by
Vick was proved by two other of the inmates of the
asylum, who were considered competent to give
evidence.
One of these witnesses (Joseph Newman) deposed
that he saw Vick trying to put M'Kenna's necker-
chief on, that he resisted, and Vick then struck him
on the breast with his fist. The two other priso-
ners then came in and they threw him down and
kicked him.
Another inmate of the asylum, named Gillett,
corroborated the evidence, and both the unfortu-
nates (who were brought np from the asylum) gave
their evidence in a very satisfactory manner.
The jury acquitted Lacey and Thomas, and found
Vick Guilty. He was sentenced to a year's impri-
sonment.
William Underhill, George Cook, and Jesse
Rollason were found guilty of the manslaughter of
William Parsons, at Halesowen, in a fight. It
appeared to be a fair stand up fight. Three weeks'
imprisonment.

MIDLAND CIRCUIT.—NOTTINGHAM, March 9.
(Before Mr. Justice Crompton and a Common Jury.)
NEEDHAM V. TAYLOR—ACTION FOR BREACH OF
PROMISE OF MARRIAGE.

Mr. Mellor, Q.C., and Mr. Flower were for the
plaintiff; Mr. Macaulay, Q.C., and Mr. Mere-
weather for the defendant.

Plaintiff, Zillah Needham, is the daughter of poor
but respectable people at Leverton, and now 24
years of age. The defendant is 40, and an opulent
farmer. Zillah used to go out dressmaking at the
different farm-houses, and in 1858 Taylor, who had
lived in the same village of Leverton, became the
accepted suitor of Zillah, and upon his wish plain-
tiff ceased to go out dressmaking, as he said he cid
not wish her to do so, as she was about to become
his wife. They went to church and chapel together,
when he used tosee her home. He mostly came on
Saturday and Sunday nights, and they were then
left together. Taylor gave notice to a tenant to
quit one of his houses, as he wanted it himself, and
on being jocularly asked " Who is it to be ?—Zillah,
I suppose," he said, " Aye, I reckon so." He married
in April, 1860, a widow of the name of Wood, whose
husband died the January preceding.
The jury found for the plAintiff—dmuagee 4100,

POLICE INTELLIGENCE—March 9.

LAMBETH.--THE SUSPICIOUS CASE OF POISON-
ING AT WALwonm.—Mr. John Spain, a tall, portly
man, upwards of 60 years of age, and of gentle•
manly appearance, was placed at the bar before the
Hon. G. C. Norton, charged on suspicion with hav-
ing caused the death of his daughter-in-law, Mrs.
Joseph Spain, by administering some narcotic poison
to her.

Mr. Frederick Nott, a surgeon, residing in Lucas-
-Ind, Kennington-park, said on Thursday evening
he was ant for, and on going to the house or ,;cot-
tage, No. 6, Vtc?ria-terrace, Royal-road, he found
a female lying on her back on a sofa in a state of
perfect insensibility, with a bottle of hot water
placed at her feet. On examining her he at once
discovered that she was labouring under the
effects of some narcotic poison. Her pulse was
scarcely discernible, her countenance pallid, her
eyes closed, and the pupils dilated ; in fact, all the
symptoms of narcotism, and he did not perceive the
slightest smell of spirits of any sort. He adminis-
tered emetics, and used the usual remedies of rub-
bing and friction to restore consciousness, and
attended her fiequently up to 8 o'clock without
producing the desired effect, and on calling again,
shortly after 8 o'clock, he found her head. Death,
he had no hesitation in saying, was caused by some
narcotic poison.

Mary Ann Matilda Smith, niece of the deceased,
was next called, and the greater part of her evidenee
was a repetition of that given by her the day be-
fore. She further identified the prisoner as the gen-
tleman who had called on and went out with her
aiiLit on the Thursday after, and repeated that their
meeting seemed friendly, and that no expressions of
an angry character that she could hear passed be-
tween them. Her aunt, she said, complained some-
times of gout in the feet, but appeared perfectly
healthy. On leaving the house with the prisoner on
Thursday evening, she told witness she should not
be long out, and to have the kettle boiling for tea
by the time she returned.
Mr. Inspector Dann deposed to the fact of having
apprehended the prisoner on a warrant that morn-
ing, at the house of his brother, a respectable farmer
in Kent, where he was on a visit. On telling him
of the death of his daughter-in-law, and that he was
suspected of having caused it by administering
narcotic poison to her, the prisoner became very
. much affected, shed tears, and thanked God that
his conscience acquitted him of any such offence.
He said the purport of his calling was to get his
daughter-in-law to accompany him to the shop of
Mr. Vincent, pawnbroker, at Brompton, respecting
some jewels belonging to her husband, that were
pledged there for £l2O. He also said that on leav-
ing her residence bis daughter-in-law complained
of illness, and placed her hand to the region of her
heart, and from this circumstance he (the prisoner)
thought her death arose from heart disease.
On coming from the station-house to that court,
the prisoner further said his daughter-in-law com-
plained of great distress of mind, and told him she
felt as if disposed to make away with herself.
This being the whole of the evidence at present,
Mr. Norton gave the prisoner the usual caution,
telling him the charge was oue of a very grave and
serious character, and that what he said might be
taken down and used against him.
The prisoner replied that he was quite aware of
the serious character of the accusation, but he was
perfectly innocent of it, and had nothing on his
conscience to reproach him. The accused here be-
came much affected, shed tears, and on recovering
said he had no hesitation whatever in stating the
whole facts. He had, ho said, brought up a large
family in respectability, and amongsi them his son
Joseph, who for some years held a situation in the
house of Mr. Lusk (one of the present sheriffs).
For several years his salary had been £BOO a year,
and for the last two years it had been £l,OOO, and
this for a single man, as his family believed him
till recently to be, should have been ample for his
maintenance, but such did not appear to be the fact,
and he was deeply grieved to feel that his folly and
extravagance was the sole cause of his father being
placed in his present humiliating position. The
prisoner became again much affected and wept, and
on recovering proceeded to say that at Christmas
last this son Joseph, having previously intimated
his intention by letter, made his appearance at his
house in Canterbury with a lady whom he intro-
duced, and was received by him (prisoner) and
his family, as his wife, and they had no reason
whatever to doubt that she was not his wife. Soon
after, however, his son's mind became affected, and
it was found necessary to place him first in a private
lunatic asylum, and subsequently by the assistance
of Mr. Lusk in Bethlem Hospital, where he at pre-
sent is. The consequence of his affliction was the
discovery that the lady whom he introduced as his
wife was only his kept mistress, and also the disclo-
sure of his marriage with the deceased. The latter
information he (the prisoner) arrived at by receiv-
ing a letter from a solicitor, enclosing the .marriage
certificate, and demanding to know where his son
was, as well as a necessary support for his daugh
ter-in-law. The latter he was not ie circumstances
to comply with, and the consequence was that he
was visited by his daughter-in-law (the deceased),
whom he received at his house in Canterbury in a
friendly manner, giving her the refreshments which
she required, and seeing her to the railway station
in the evening, she having a return ticket. From
her he learned the fact that she had lived with his
son from 1848 to 1854, when he married her, but in
a fortnight after he deserted her to live with the
woman he had introduced to his family as bis wife
in Manchester street, Manchester-square. She fur-
ther stated that his son had made an allowance of
las a week, and that not having been paid from the
commencement of his illness, she had been obliged
to part with her things for her support. His son
had not only dissipated the whole of his large
salary, but had also spent £4OO which he (his father)
had given him to place at interest at 5 per cent.,
which he represented to have done, and £2OO be
sides, obtained on bills ; and, in addition, had
pledged his diamond rings and studs for £l2O at the
shop of Mr. Vincent, at Brompton. It was consi-
dered by himself and his family that his wife was
entitled to the ticket for those jewels, that she might
make something of it, and on Thursday last he came
to town for the purpose of handing it her. Their
meeting at her house was of the most friendly
character, and be asked her to accompany him to
the shop of Mr. Vincent, at Brompton, to introduce
her, as the person to whom he was to deliver the
jewels. Before leaving the house she complained of
internal pain, and placed her hand on the region of
the heart, and they then proceeded to, and after-
wards returned from, Brompton, in an omnibus;
that while corning along the park she complained
of illness, and got out of the vehicle. He got out
with her, and she became so ill that a crowd
gathered round them, and he called a cab, assisted
her, went with her himself as far as her residence,
though his intention had been to part with her at
Charing cross, and proceeded as far as Fenchurch-
street, and by railway into Kent. He considered
her illness was temporary, and that the cause of
his hurrying away was to reach the 4.40 train, and
have the advantage of the omnibus that met that
train, for after that he would have to walk seven
miles, and not 20, as had been stated. In conclu-
sion, he said the deceased complained of being low
spirited, and said she felt as if she could make away
with herself, and he therefore wished that a par-
ticular search might be made in the cottage for
poison, or any drug of a deleterious character.
Mr. Norton observed that he was in the hands of
an experienced and intelligent officer, Mr. Dann,
who, he felt satisfied, would do everything neces-
sary in the case.
The prisoner said he felt satisfied of that, and
begged to return his irst thanks to the Inspector
for the kind and courteous manner in which he had
discharged his duty, and the consideration he had
shown to his family.
Mr. Norton remarked that from the very candid
and straightforward manner in which he had given
his statement he was led to hope in his innocence of
the charge, and should accept bail for his appear-
ance on a future day.
The prisoner said he had hoped Mr. Lusk would
have been in attendance.

Mr. Lusk, the sheriff, made his appearance, and
stated that the prisoner called on him on Thursday
morning and told him what he intended doing for
hie daughter-in law respecting the jewels, and
further said that but for his position he should
have no objection to bail him.
Mr. Norton, under the circumstances, took the
prisoner's own bail, and he was liberated.

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THE BEV. C. 11. SPURGEOZT IN

SCOTLAND.

(Fro»1 the Glasgow Examiner.)

As a• worker, Mr. Spurgeon has no equal in his
particular line of things. Besides preaching some
dozen times a week—not to scanty handfuls,
but to crowded thousands —he superintends
the affairs of a large congregation, amounting-
to thousands. He has some 25 young men under
him in training for the Christian ministry. He is
editor of the Denominational Magazine ; and he is
constantly duresed by publishers for contributions;
for the press. Some of his discourses have passed
rapidly through many editions. Some volumes of
.his sermons sold in America to the extent of 250,000
copies but since his famous letter against slavery,
mat;ers have tisken such a turn as to give a melan-
choly view of the power of slavery. He has been
burned in every slaveholding State. His
sermons have been publicly burned as unfit to be
read in a State'
founded on the principle that all
,
men are free an,d equal ; and what is most mar-
vellous of all, the sale of the sermons has been cora-
pletely stopped I Sash is slavery in America at this
hour, and it is not wonderful that a nation that
tolerates such outrage
free opinion should be in
m,'
trouble, and about to expls,de. As much was got
from the saie of his works in America 'for though.
some will not believe it, he fovnd honest publishers
there) as went far to support his twenty-five stu-
dents; but that source of revenue has been dried
up, and these young men must be otherwise sup-
ported.
The visit of Mr. Spurgeon has beets most satis-
factory. Besides more endearing himse.q.publicly
and privately to his former and early SW ends, he
has allured a host of new ones, and scatters'd the
last remnants of parties opposed to him on foimer
visits. We have heard but one opinion of his
preaching—every one being more than delighted
with its brilliant, yet chaste and spiritual character.
11,m deep earnestness of the preacher caused gene-
ral ,semark ; and though at times his sparkling wit:
and humour could scarcely be concealed, there was
not one offensive word employed. Parties who
went to hear him expecting outre expressions
found them not, but many of them admitted that
they found what was better—sound common sense,
a scriptural theology, and matured ideas, couched.
in language s
isople, eloquent, and glowing.
We were gratified to see so many of our city
clergy present ort
all these occasions. Both the
language and the at.tion of the preacher were well.
worthy their attentio,The discourse on Monday
evening was especially distinguished by sublime
oratorical skill; holding
imagery and the highest,'
his vast audience entra.ncs'd, and listening with
breathless emotion to this ms-trvellous effusion. The
great charm of these productions is their simpli-
city. They are quite intelligible by the humblest
of the hearers, and yet grateful to the most culti-
vated and refined. His style well illustrates the
poet's conception—
" Though deep, yet clear ; though gentlel yet not dull;
Strong without rage ; without o'erflowing full."
On Wednesday and Thursday evening this gen-
tleman preached in Edinburgh to immense• crowds
of eager listeners. He is to preach twice at
Helensburgh on Sabbath (to-morrow), and in the
Music Hall, Aberdeen, during next week.