The Sun.
London, England, 1861-11-06 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, NOVEMBER 6, 1861,

LAW INTELLIGENCE.—Nov. 5.

COURT OF PROBATE AND DIVORCE.
(Before Sir C. Cresswell.)
ALLEGED COLLUSION.

The Attorney-General obtained leave to intervene
in the cases of Pollack v. Pollack and others, and
Hotine v. Hotine and Foxall, which have been
fully reported, on the ground of collusion.

WALKER V. WALKER, NICOL, CRAIG AND ANOTHER.
In this case the petitioner was the husband, and
sued for a dissolution of marriage with his wife on
the ground of her adultery with the two co-respon-
dents Nicol and Craig, and another person not
known. The case was heard last July before a
special Jury, and occupied the court two days, when
a verdict was found for the petitioner on all the
issues.

From the evidence adduced at the trial, it ap-
peared that all the parties lived in Liverpool, and
that Mr. Nicol was a builder and Mr. Craig a medi•
cal man. Various acts of familiarity were deposed
to on the part of Mrs. Walker with the co-respon-
dents, and, inter alia, it was alleged that she had
admitted Mr. Nicol into her house during the ab-
sence of her husband, and had been locked in
the dining-room, and that he had been frequently
seen to leave the house, the door being opened
to him by Mrs. Walker. Notes were also
read which, although not of an amatory cha-
racter, showed that a very close intimacy sub-
sisted between Mrs. Walker and Nicol ; but it was
attempted to be shown that these had reference to
business transactions. Mr. Nicol admitted having
written these epistles, and also that he and his wife
were on very friendly terms with Mrs. Walker,
even subsequently to his having heard that her
husband accused her of impropriety with him.
Mr. Coleridge, Q. C., on behalf of Mr. Nicol, now
moved for a rule calling on the petitioner to show
cause why there should not be a new trial, on the
ground that the verdict was against evidence. He
stated that Mr. Craig had also filed an application
for a new trial, but he did not appear on the pre-
sent occasion. The learned counsel then went
through the evidence in detail, and contended that
there were discrepancies in the testimony of the
principal witnesses which fully justified the applica-
tion. He also produced a plan of the house where
Mrs. Walker resided, to show that the evidence of
one of the females examined, a servant, who de-
posed to having seen Mr. Nicol leave the house on
one occasion, was not to be relied on, as she stated
that she witnessed the occurrence from the kitchen,
which was considerably below the surface of the
ground outside, and rendered it improbable that
any person could see who entered or left the house.
Sir C. Cresswell One pane of the window in the
basement story is above the surface, and a person,
by mounting on a chair, could see who left the
house. When female curiosity is excited there is
nothing improbable in its being gratified in a case
like the present, when the servant might have
knoWn or suspected that there was a gentleman in
the house. (Laughter.) I will consider before de-
ciding on the application.
Dr. Phillimore, Q.C., on the part of the petitioner,
applied to have the decree nisi pronounced, as there
was sufficient proof of the respondent's adultery,
even if it had not been established against Mr.
Nicol.

Sir C. Cresswell said he must decide the appli
cation on the other side before making anynsuch de•
cree.

COMPTON V. COMPTON AND BARING.

In this case, which has been fully reported in this
journal, the husband obtained a verdict and £6OO
damages, and the Court pronounced the decree nisi
dissolving the marriage, on the ground of the wife's
adultery with the co-respondent, who holds the
rank of captain in the English army.
Dr. Spinks applied to the Court to make the
decree absolute, and also that the damages should
be paid to the petitioner.
Mr. R. Searle said he was instructed on behalf
of Mrs. Compton to apply to the Court to direct
some provision to be made to her out of the money
in question.

Sir C. Cresswell—l cannot direct that she should
derive any advantage from her prostitution. I
think the husband is entitled to the decree being
made absolute, and also to the damages being de-
livered to him.

CITY SHERIFFS' COURT.
(Before Mr. Sergeant Wheeler.)
PEARSON V. MUGGERIDGE.

At the conclusion of the examination of witnesses
in this case, •
The jury, without a moment's hesitation, found
a verdict for the defendant.

The learned Judge said the other applicants
would have their remedy against Mr. Arland.
Defendant's counsel waived costs.

DESERTION BEFORE TilE ENEMY.

CHATHAM Nov 5

The members of the General Court-martial re-
sumed their sitting at 10 a.m., this day, in the Gene-
ral Court-martial-room, Chatham Barracks, for
the trial of Henry Warner, 17th Lancers, No. 1,224,
for having deserted from his regiment when in front
of the enemy at Kadikoi, in the:Crimea, on the Bth
of August, 1855,

Captain Congrave, Brigade Major at Chatham,
officiated as Deputy Judge-Advocate; and Colonel
R. N. Phillips, commanding 2d Depot Battalion,
was president.
The charge having been read,
The prisoner, who was dressed as a sailor, was
asked by the President whether he pleaded guilty
or not, and replied, in a firm voice, "Guilty."
Staff Captain William Miller, from the Cavalry
Depot, Maidstone, was the prosecutor.
The first witness examined was Sergeant John
Penn, 17th Lancers. He knew the prisoner, who
deserted from the regiment in August, 1855, when
the regiment was in active service at Kadikoi. The
prisoner was not seen again until he was in the
guard-room at the Cavalry Depot, Maidstone.
By the Prisoner—What state of mind and body
was I in when I deserted?

Sergeant Penn replied that he knew the prisoner
to have been in hospital a day or two before he
deserted, but could not say the disease ho was
suffering from.

Sergeant William Pervis, 17th Lancers, was the
sergeant of the guard on the 10th of October last
at Maidstone Barracks, when the prisoner was
handed over to him by a military escort.
Captain Miller said he had no more evidence to
offer.

The prisoner then handed to the Court a written
defence, throwing himself on the merciful consi-
deration of the Court. At the time of hi 3 desertion
he was labouring under an afflicted mind, in
consequence of receiving a letter from his mother,
giving an account of his father's death ; and being
just released from hospital, he wandered about for
two days, and did not like to return to his regi-
ment ; he therefore concealed himself on board Her
Majesty's ship Colossus, and subsequently served
on board as a stoker up to 1856, when the ship was
taken into dock at Portsmouth. He then gave
himself up to sergeant Irish, Roy-al Marine Artil-
lery, as a deserter from the 17th Lancers. He was
then placed in irons in the cockpit of the Colossus,
by order of Captain Turner, and there kept in irons
for 10 weeks and three days. He was released by
Captain Turner, who had him up on the quarter-
deck and told him that he had written to the Horse
Guards, and also to Colonel Benson, commanding
the regiment, which was then in Ireland, and they
disowned him. He was therefore set at liberty.
He also served on board three others of Her Ma-
jesty's ships and on being paid off from the last he
was sent to the Fisgard, at Woolwich, and after-
wards transferred to the Cumberland. Having
obtained a pass to see his friends in the beginning of
October last, he was going from the London-bridge
station, when he was taken as a deserter from the
17th Lancers. The prisoner then called Captain
Turner and put several questions to him. Captain
Turner said that he was in command of Her Majes-
ty's ship Colossus in 1856. He did not recollect the
prisoner joining that ship, neither did ho recollect
the prisoner being brought to him on the quarter-deck
by Sergeant Irish, Marine Artillery, nor yet the
circumstance of Mr. Griffin, the master-at-arms, re-
leasing the prisoner, and having the prisoner before
him on the quarter-deck and saying that he had
written to the commanding officer of the prisoner's
regiment and he refused to claim him. Nor did he
recollect any correspondence having been entered
into on the subject of the prisoner by himself to any
one.

By the Court—Do you recognise the prisoner as
having served on board the Colossus in 1856?-1 do.
By the Court—For what length of time in 1856
did the prisoner serve ? I cannot say. I know he
served in that ship.
By the Court—Was he a prisoner during any
part of the time he was on board the Colossus ?—I
do not recollect.

By the Court—Could the circumstances have oc-
curred on board the ship of which you were the
commander which have been mentioned by the pri•
soner,—of his being delivered over to you as a de-
serter, and you having placed him irons, and your
having written to the commanding officer of the
17th Lancers, and having released him, without
your knowledge P—The circumstances might have
cannot recollect.
The
Gored, but I have no recollection of them.
cow-
fined Court—Could the prisoner have been col-
. n board your ship for ten weeks and more in
an:our:leased wihout your knowledge P—l
irons
on application to the
information as alleged b
Captain Turner whether he
T: Admiralty, obtain the
tt s
Colossuso n cr hisan a having
been put into irons on boyard7
after-
wards liberated, and other records concerning the

prisoner on his surrendering as a deserfer.—Pos-
sibly I might ; it is doubtful.
Sergeant Isaac Irish, Royal Marine Artillery, was
called by the prisoner. The sergeant stated that in
August, 1856, he took the prisoner by order of the
adjutant. at Portsmouth Barracks, and deliveredhim
over to the commanding officer of the Colossus, when
that officer said to the prisoner, " You have made
a pretty mess of it." Captain Turner sent for
the master-at-arms, and the prisoner, by
order of Captain Turner was put in irons.
The next time he saw the prisoner was within
three months. He was then in barracks at Ports-
mouth, dressed in the uniform of the Colossus.
The prisoner told him that the commander of the
ship had written to the commanding officer of his
regiment, who had disowned him. The prisoner
was then on leave from the ship.
Patrick Foley, No. 1,452, private, 17th Lancers,
said that he served with the prisoner during the
camp at Kadikoi. The prisoner was in hospital
two or three days before he went away. The pri-
soner complained of pains in the head and giddi-
ness.

Captain Turner was recalled.
The prisoner put the following question :—Do
you recollect my stating the reason for giving my-
self up as a deserter from the 17th Lancers after my
being away so long from the corps ?—i have no re-
collection.

By the Court—Captain Turner, do you recollect,
as you were the commander of the Colossus, any one
being brought on board the ship by an escort of
Royal Marine Artillery at Portsmouth as a pri-
soner ?—I do not recollect.

By the Court—When did you leave the Colossus?
—Some time in October, 1857.

A gentleman from the Admiralty produced a
War-office letter, dated the 19th of August, 1856,
wherein it stated that the prisoner, Private Henry
Warner, alias Fisher, 17th Lancers, deserted in the
Crimea, and he afterwards surrendered himself as a
deserter to her Majesty's ship Colossus. The com-
munication was made by the Secretary of State to
the Admiralty to his Royal Highness the General
Commanding-in-Chief, who said that he had no
desire to claim him. The letter was signed "B.
Hawes." The back of the letter showed that a
communication had been received from the com-
mander of the Colossus on the subject of the pri-
soner.

The Court was then closed. The issue of this
extraordinary trial will not be known until the
proceedings have been laid before her Majesty.

POLICE INIELLFIENCE, Nov. 5.

LAM BETH.--IMPORTANT IMPROVEMENT IN
TIIE LAW.—TIIE OMNIBUS AND TIIE TRAMWAYS.
—George Phillips, the driver, and Charles Smart,
the conductor of one of Mr. Ball's Brixton omni-
buses, No. 6,006, attended before Mr. Elliott, to
answer to two summonses taken out against them
by Mr. Knell, a gentleman residing in Abbey-gar-
dens, St. John's-wood, and charging them, the
former with wanton driving, and other misbe-
haviour, and the latter with using insulting and
abusive language, contrary to the statute. •
Mr. John Scard, of St. Mary-axe, attended as the
attorney of Mr. Knell, the complainant, and Mr.
Beard for the defendants.
___ _

The present proceedings, it will be recollected,
arose out of a case in which Mr. Knell had been
summoned by the defendant Smart, for the refusal
to pay fourpence fare by his omnibus on the day in
question ; and the summons in that case was ordered
to stand over to abide the present investigation.
Mr. Scard having briefly stated the.nature of the
complaint, called
Mr. Knell, who said that on Monday fortnight
he got into a Brixton omnibus, of which the de-
fendants were the one the driver and the other the
conductor, in Oxford-street, and the vehicle went
on at a regular steady pace until it had reached the
Westminster-road ; the driver then urged his horses
on, and got before one of the tram cars then pro-
ceeding the same way, and, getting on the rails,
did all that he could to annoy the driver of the
tramway carriage. While driving, the defendant
Phillips pulled up several times so quickly, that the
poll of the tramway carriage had narrowly escaped
running into the omnibus, and had it not been for
the caution and dexterity of the tramway car
driver, serious injury would have been done.
Mr. Elliott—Was there any necessity for the
driver of the vehicle you were in to pull up in the
way you have stated ?
Mr. Knell—Not at all, sir, there was plenty of
room at the time on both sides of the rails for
different vehicles, and therefore the act was done
wilfully and wantonly. One one occasion the driver
drove partly off the rails, and drove quickly on again,
and had it not been that Mr. Train's man had pulled
his horses on one side, a serious collision must have
taken place. Considering that we must have an
accident, I called out to the conductor to let me out,
but he appeared so excited by chaffing the driver of
the car that followed, knocking on his own vehicle
and bawling out to his driver, that' he did not pay
any attention for two or three times I called to him,
but at last stopped at the Horns, where I got out,
with four or five other persons. When I got out I
at once gave the conductor my card, saying that I
should bring his misconduct before the public, and
therefore I should not pay him. I did not us© an
offensive expression to the conductor, but he used ,
several towards me when I refused to pay him. He
said he would have it out of me, and called me a
scamp and no gentleman.
Mr. Elliott—Had you an opportunity of seeing
the driver, or observing his conduct ?
Mr. Knell—No, I had not ; but being seated next
to the door, I had ample opportunity of seeing the i
conductor, and from his knocking on the omnibus
and calling out to his driver, I have no doubt he it
was who egged the driver on.
The witness was cross-examined at considerable
length by Mr. Beard, who did notsucceed in eliciting
anything favourable to his clients. ,
Mr. Knell said he was not interested either
directly or indirectly in tramways, and all he knew
of them was his riding twice in the carriages on
them. He denied having called the conductor a
d—d. scamp and a blackguard, or using any offen-
sive expressions towards him. Ho did not ask the
number of the conductor at the time, nor had he
taken any steps to bring the defendant's conduct
before the public as he threatened, until the con-
ductor had summoned him to this Court for his
fare.
AIN Davis, a gentleman who had been a passenger
on Train's car on the occasion, and who having been
in front with the driver, had a perfect opportunity of
witnessing all that took place, corroborated much of
the statement of Mr. Knell, and said that had it
not been for the care and dexterity of the driver of
the tramway carriage, a collision and serious acci-
dent must have resulted from the misconduct of the
defendants.
Police-constable, 137 L, said he was at the Horns
between eleven and twelve o'clock -on the day in
question and saw a crowd of persons collected there
npassengers getting out of the
omnibus
the
by the defendants, The persons
iwheoogno secltoauutettneie o
of
df
the omnibus complained of the mis-
conduct, and the conductor seemed a
gooddeaolfexthcieteddriver,
but he did not hear any bad lan-
guage. From what took place he felt it necessary
to take the number of the vehicle, as well as those
•of the badges of the defendants.
Mr. Beard addressed the bench for some time on
behalf of the defendants, and said that the real
parties to the present complaint were those con-
nected with the tramway, which he designated as a
perfect and dangerous nuisance, but one which he
hoped the public:would soon get rid of, as it, as well
as the parties who sanctioned it, were at present the
subject of an indictment. He contended that his
clients had as perfect a right to drive along the
tramway as Mr. Train, and the real danger, if there
had been any, was occasioned by the tramway-car
keeping so close to the omnibus. In conclusion, he
said that nothing would have been heard of the pre-
sent proceeding if his client had not thought proper
to summon Mr. Knell for the fare due from that
gentleman to his master.
Mr. Elliott observed that there could not be the
slightest doubt from the evidence that the conduct
of the defendants was most improper, and it would
be well that such persons should know that in the
last session of Parliament an act was passed, which
came into force on the first instant—a clause from
which he should read, and which stated—" Who-
soever, having the charge of any carriage or ve-
hicle hall, by wanton or furious driving or racing,
or -other wilful misconduct, or by wilful neglect,
do or cause to be done any bodily harm to any
person whatsoever, shall be guilty of a
misdemeanour, and being convicted thereof,
shall be liable, at the discretion of the Court, to be
imprisoned for any term not exceeding two years,
with or without hard labour," and this he hoped
would cheek the reckless conduct of those entrusted
with public vehicles. it was not for him to offer
any opinion respecting the tramroad, but it was
his duty to protect the public from such conduct as
that of which the defendants had been evidently
here guilty. The conductor, being the greater
offender, must pay a penalty of 405., or 20 days,
and the driver 205., or 14 days, and the summons
against Mr. Knell be disharged.
The penalties were paid.

THAMES.—FEARFUL CASE.—Annie Vale, a
midwife, aged 39, late of No. 3, Henry-street,
Limehouse-fields, near Stepney Old Church, who
has been in custody since the 14th ult., was brought
up on remand before Mr. Woolrych, charged with
administering to Anne Horne, a noxious drug, with
intent to produce abortion, whereby the life of the
said Anne Horne was endangered.
The prisoneeo husband, Benjamin Vale, an

apothecary, who received his diploma as a licentiate
of ffie Apothecaries' Company in 1839, is now in
Newgate, awaiting his trial on a charge of man-
slaughter, for having by his mal-treatment and the
use of instruments, caused the death of a poor
woman, named Eliza Garrett, of No. 9, Coventry-
court, Three Colt-street, Bethnal-green. The grand
jury returned a true bill for manslaughter at the
last Old Bailey Sessions, and his trial, on the appli-
cation of counsel, was postponed.
The evidence of the witnesses taken on pre-
vious examinations was read by Mr. Bowdler, the
second clerk, and their testimony made out a
strong case against the prisoner of having admi-
nistered a powerful and noxious drug to Anne
Horne to procure abortion, in which she unfor-
tunately succeeded, causing frightful suffering to
the patient, and nearly causing her death. Four
days after the noxious drug was administered by
Annie Vale, Mr. Robinson, the senior medical officer
of the Stepney Union, found her in a bloodless,
blanched condition, and thought she would
die. Continuous hemorrhage had taken place for
five days, the consequence of the powerful drug ad-
ministered to the unfortunate woman by the pri-
soner. The patient had been since kept alive by
the skill and attention paid to the case by Mr.
Robinson, and the use of a very nourishing diet.
The poor creature is still in a weakly condition,
and Mr. Robinson said if she had not been a strong,
healthy woman she would have perished.
Mrs. Horne was brought to the court in a cab,
and gave her evidence for the first time. She was
as pae as a spectre and very languid. She stated
that she had been dwelling with her husband and
three children;at No. 43, Edward-stree,t, Limehouse-
fields. Her husband was a labourer, and for some
time past he :had very little work. On the last
Thursday in September she went to the prisoner's
shop, in Henry-street, and asked her for a penny-
worth of pills. The prisoner elicited from her that
she was in the family way, and then said that a
draught would do more good for her than pills, and
would operate more quickly. The prisoner also
said, poor people are fools to have so many children
as they did ; if they came to me they would not
have so many. The witness then related some other
conversation with the prisoner, which we cannot
print, but it meant in effect, that the draught she
was mixing would prevent the child the prosecu-
trix had conceived arriving at maturity, and would
restore her to the state she was in before pregnancy.
The proseculrix took the draught prepared by the
prisoner in the shop. She was very ill afterwards.
On Sunday, the 6th of August, she was in great
pain, and the prisoner was sent for, and brought
some medicine, and gave it to her in a cup. The
prisoner said that will fetch it away bit by bit.
Mr. Woolrych—What did you understand by
that ?

Witness—l believe the prisoner meant abortion,
sir. Mrs. Horne then described the abortion ; the
dreadful sufferings she endured, and the frightful
hemorrhage that ensued after swallowing the drug.
She was very ill, very weak, and felt she was
dying at times. On the day after she re-
ceived the drug from the prisoner she sent her
sister-in-law, Anne Kent, who gave evidence three
weeks ago, to the prisoner's shop for some medicine.
It did her no good. She had been very ill and weak
ever since. The regular functions of her body were
not restored. She was continually weak.
Mr. Woolrych directed Mrs. Home to leave the
witness box and be seated.
Anne Kent was recalled, and in answer to Mr.
Woolrych said—l went on Monday, the 7th of
October, to the prisoner's shop for some medicine.
Mrs. Home was then very bad. I saw Mrs. Vale,
and said to her my sister-in-law is very bad. The
prisoner said to Mr. Vale, her husband, " Oh, it is
the young woman who miscarried." She took the
eup out of my hand and gave me some medicine. It
was darker than the stuff which the prisoner gave
to Mrs. Horne on Sunday.
Inspector Griffin, of the K division, said he took
the prisoner into custody on the 14th of October,
and told her she was charged with administering a
noxious drug, with intent to procure abortion. The
prisoner said that all she administered was a pre-
paration of soda and oil of cloves.
The prisoner, after receiving the usual caution,
entered into a long defence. About five weeks ago,
on a Thursday or Friday, Mrs. Horne called upon
her, and said she was suffering from head to foot,
and could net hold a joint still. She also said that
she had been bad above a week, and her husband
had scolded her very much because she did not get
some medicine. She asked Mrs. Horne why she
did not come before, to which she replied that she
was too poor, and could get no money, and that her
husband had only work for about a day and a half
every week. The prisoner described the treatment
of the sick woman, and denied administering
noxious drugs. She asked Mrs. Horne how many
children she had, to which she replied three. She
then remarked to Mrs. Horne, " It is a great pity
the rich don't have more children than the poor,
for it is worse than starvation for the poor to have
them." _ _

The depositions having been completed,
Mr. Woolrych committed the prisoner for trial
at th© next sessions of the Central Criminal Court.

THE NEW AGRICULTURAL HALL AT

ISLINGTON.

The ceremony of laying the foundation stone of
this edifice took place yesterday afternoon. It did
not occupy more than ten minutes. Owing to the
unfavourable state of the weather the attendance
was not so numerous as it would, no doubt, other-
wise have been, though it included some of the
leading members of the Smithfield Club. The stone
was laid with the usual formalities by Lord Ber-
ners, to whom an address waspresented by the pro-
moters of the undertaking, and who made a few
congratulatory remarks in reply. We believe that
the project thus quietly inaugurated owes its exist-
ence to a growing conviction that the Christmas show
of the Smithfield Club has outgrown the space and
accommodation of the Baker-street Bazaar. It was
at one time proposed that the new hall should be
erected by the club itself, but on second thoughts
the members of that body came to the conclusion
that it ought not to enter into any 'building specu-
lation. Under these circumstances, early in the
spring of last year, a number of gentlemen who,
either as breeders or exhibitors of stock, or as manu-
facturers of agricultural implements, are deeply in-
terested in the prosperity of the club, formed them-
selves into a company for the purpose of providing
a suitable building for the Christmas shows. They
elected Mr. Jonas Webb as their chairman, issued
a prospectus explaining their intentions, and invited
subscriptions for a capital of £30,000. Since that
time all the shares have been taken up, a conveni-
site has been chosen, and in less than 12 months the
building will be ready to receive a greater multi-
tude of visitors and a larger collection of stock and
implements than have ever been accommodated in
any country at a winter show. It will be a plain,
but not ungainly edifice, composed chiefly of brick,
iron, and glass. The principal front will be in
Liverpool-road, and its most striking features will
be two towers, one on either side, each 95 feet in
height. The space between will be partially occupied
by the spring of the roof, the arch being filled in with
wrought-iron foliage and glass. On one side of the
main entrance there will be a police-office and a
parcel and cloak room ; on the other side there will
be an inquiry-office, a post-office, and a telegraph-
office. The body of the building will be fitted up
for the exhibition of cattle. A space of 384 feet in
length and 217 feet in width will be covered by an
arched roof of iron and glass, and will be sur-
rounded by a gallery 36 feet in breadth, supported
by iron columns 24 feet apart. The span of the
roof will be no less than 130 feet. Behind the
cattle show there will be a place for the exhibition
of pigs. This division will be 100 feet square, and
will have a ridge and furrow roof of wrought-
iron. Ample provision will be made for light-
ing and ventilation ; for, in addition to the glass
in the roof, the walls will be pierced by numerous
windows. The plans also include first and second
class refreshment-rooms ; in short, no pains will be
spared to promote the comfort of visitors. The
entire length of the building will be 500 feet ;
breadth, 220 feet ; superficial area, 110,000 feet.
The architects are Messrs. Peck and Stephens, of
Maidstone ; and the builders are Messrs. Hill, Ked-
dell, and Robinson. The cost of the edifice is esti-
mated at £25,000, exclusive of the site.

A MYSTERIOUS RING.—The London correspon-
dent of the Belfast News Letter tells this story :—On Tues-
day a well-known auctioneer of Bond-street submitted for
sale, b y auction, a quantity of miscellaneous property,
ccreceived from the country." The sale included a library
of books, some costly furniture, a quantity of plate, and
several articles of personal jewellery. The effects were evi-
dently of a very superior description, and must have be-
longed to persons of some social position. Among the lots
was a ring, described in the catalogue as " an ancient gold
ring, set with diamonds." The upper part of the ring was
oblong in form, and the diamonds were set in a hard ena-
melled substance, made to represent emerald. Tho intrin-
sic value was said to be about £l2 or £l3. Several persons
present bid for the ring until the price went up to £l5,
when two gentlemen were observed to bid against. each
other with great pertinacity until it reached 170 guined as.
The secret history of the ring did not transpire, an the
auctioneer very properly declined to give the name of the
owners of the property.
BENSON'S WATCHES AND CLO —‘‘ Perfection of
mechanism."—Morning Post. Gold watches, sto ICO guineas;
silver watches, 2 to 50 guineas. Benson's new Illustrated
Pamphlet, free for two stamps, descriptive ofo everyf
the construc-
tion of watch, enables persons in any part world to
select with the greatest certainty the watch best adaptd. to
their use. 'Watches sent free and safe by post on receipt of
a remittance.—J. W. Benson, 33 and 34,97, CVruhlll, Ludgate-hill, 10 and
Lond9D, EtC. E3tablioned 1719.

-FROM THE GAZETTE OF .. LAST EVENING.

CITY OF CARL ISLE.

The Gazette contains the Spealra warrant for issuing
a new writ for the electing of a me 3 giber to serve in Parlia-
ment for the city of Carlisle in dm: room of Sir J. Graham,
Bart., deceased.
WAR-OFFICE, PALL-a lALL, Nov. 5.

3d Regiment of Dragoon Guards— Cornet Francis Anthony
Strickland Mannock to be Lieut 3nant, by purchase, vice
Nathaniel Gould, who retires ; 'Charles Henry Collette,
Gent., to be Cornet, by purchase ‘, vice Mannock.
17th Lancers—Carnet George Res. ser to be Lieutenant, by
purchase, vice Young, whose pre 'motion, by purchase, on
the 23d July, 1861, ha.l been can celled.
Royal Engineers—Second Captain Charles John Fowler
to be Captain, vice Frederick Henry Rich, seconded;
Lieut. Charles Anne law do Montmorency to be 2d Cap-
tain, vice Fowler.
4th Regiment of Foot—Captain Augustus Edward Henry
Ansell to be War, by pun lase, vice Brevet•Lieut.-Col.
George Henry Tyler, who, ,retires ; Lieut. Daniel Geran
Clery to be Captain by purchase, vice Ansell ; Ensign
Francis Robert Sandyss to be Lieutenant, by purchase,
vice Clery.
sth Foot—Staff Assistant-Surg eon Charles Henry Leet, to
be Assistant-Surgeon, vice T. somas Ravenscroft Whitty,
who exchanges.
6th Foot—Captain St. Andrew 13. St. John, from the 10th
Foot, to be Captain, vice John Grahame, who exchanges.
Bth Foot—John Barton Sterling, Gent., to be Ensign, by
purchase, vice John George Brown, who retires.
10th Foot—Captain John Grahame, from 6th Foot, to be
Captain, vice St. Andrew B. St. John, who exchanges.
11th Foot—Lieut. Roper Dacre Tyler, to be Instructor of
Musketry, vice Capt. F, T. Lyster, who resigns that ap-

pointment.
13th Foot—Lieut. George Hibbcrt Anchitel Kinloch, from
the 2d West India Regiment, to be Lieutenant, vice Ed.
ward Bolger, who retires upon. half pay.

.
19th Foot—Lieut. Samuel Gordon. M'Dakin, from the 42d
Foot, to be Lieutenant, vice Duncan Campbell Affleck,
who exchanges; Ensign Robert Gayer Traill to be Lieu-
tenant, by purchase, vice Dickinson, whose promotion,
by purchase, on Aug. 23, 1461, has been cancelled; Lill-
wall Scott Powell, Gent., to be .Ensign, without purchase,
vice Traill.
26th Foot—Major Shurlock Henning, from the 88th Foot,
to be Major, vice Wm. Thos. Betts, who exchanges.
32d Foot—Lieut. Henry Sparke S.tebb to be Captain, with-
out purchase, vice Brevet-Majo.r Wm. Ruddman, who
retires upon full pay ; Ensign 'W alter Philip Walsh° to
be Lieutenant, without purchase; vice Stabb; Lieut.
Cornelius Francis Clery to be Adjutant, vice Lieut. Stabb.
promoted.
33d Foot—Ensign Rowland Hill Fawcett to be Lieutenant,
by purchase, vice Arthur Marmaduke Peter Browne, who
retires ; Charles Malan Tubbs, Gent., to be Ensign, by
purchase, vice Fawcett.
42d Foot—Lieutenant Duncan Campbell Affleck, from the
19th Foot, to be Lieutenant, vice Samuel Gordon
M'Dakin, who exchanges.
67th Foot—James Heydon Archibald Ruttledge, Gent„ to
be Ensign, by purghase, vice George Charles Henry
Holmes, who retires.
88th Foot—Major Wm. Thomas Betts, from the 2Gth Foot,
to be Major, vice Shurlock Henning, who exchanges.
90th Foot—Captain Arthur George Evelyn Morley, from
half•pay, late 43d Foot, to bo Captain, vice Win. Knight,

who retires upon half-pay.
93d Foot—Ensign Robert Wm. Thew Gordon, to be Lieu-
tenant, by purchase, vice Charles Dennis Potts, who
retires ; Charles Wm. Selby Lowndes, Gent., to be En-

sign, by purchase, vice Gordon.
96th Foot—Lieutenant James Morrison Kirkwood, to be
Captain, by purchase, vice Walter Barnes Pugh, who
retires; Ensign Justinian Henry Strong, to be Lieu-
tenant, by purchase, vice Kirkwood ; Lientleman Cadet
Arthur George Hay Church, from the Royal Military
College, to be Ensign, by purchase, vice Strong.
3d West India Regiment—Ensign Arthur Howard Southey,
from tho 28th Foot, to be Lieutenant, by purchase, vice
Sykes, who has retired.
Royal Newfoundland Companies—Chas. Coghlan Smyth,
Gent., to be Ensign, without purchase, vice Cavanagh,

promoted.
Gold Coast Artillery Corps—Lieut. Edwin Hewett to be
Captain, without purchase, vice Edward Nathaniel Robt.
Gatehouse, deceased; Ensign Francis Charles Gavegan
to bo Lieutenant, without purchase, vice Hewett.
UNATTACIIED—Capt. and Brevet-Major Samuel Burgos
Lamb, from the 10th Foot, to be Major, without purchase.
MEDICAL DEPARTMENT. ASSifitiUlt• Surgeon Thomas
Itavenscroft Whitty, from the sth Foot, to be Staff.
Assistant • Surgeon, vice Chas. Henry Leet, who exchanges.
BREVET—Captain and Brevet-Major William Rudman,
retired full-pay 32d Foot, to have the honorary rank of
Lieutenant-Colonel.
BANKRUPI S.
Samuel Day and Joseph Thomas Thackray, plumbers,
Fenton, Staffordshire.
William Burgess, grocer, Hanley, Staffordshire.
William Smith, jun., grocer, Longton, Staffordshire.
Charles Davis, upholsterer, Bath.
Nicholas Lomas Hiorns, stationer, Exmouth.
Henry Johns, shoe dealer, Camborno, Cornwall.
John Neale, druggist, Doncester.
John Bennett, builder, EvertGn, Liverpool.
Charles Smith, commission merchant, Liverpool.
William Cosby, plumber, Manchester.
Thomas Brown, woollen warehouseman, Manchester.
Henry SchCiefield,*merohant, South Shields.
John Evans, provision dealer, Hulme.
John Coulter, boot maker, Salford.
Jonathan Cox, commission agent, Higher Broughton.
James Foster Wilkinson, commission traveller, Hulme.
Benjamin Swift, salesman, Cheetham.
John Forbes Hopwood, book-keeper, Hulme.
Joseph Kelly, journeyman joiner, lulme.j
William Barnes, provision dealer, Newton, Lancashire.
James Reeves, licensed victualler, Willenhall, Stafford
Joseph Lovegrove, yr., spirit merchant, Wolverhampton.
John Lewis, ale dealer, Bushbury, Stafford.
John Starling Day, surgeon, Brentwood, Essex.
John Peter Bibb, inspector of railway police, Lancaster.
William Fletcher, late of Liverpool.
Isaac Fish, clerk, Rutland-street, South Lambeth.
Wm. Foster Smith, hosier, Coventry-street, Haymarket.
Solomon Davis, corn dealer, St. George's-street, St.
G eorge-in. the -East.
James George Pickering, gentleman, Dalston.
Thomas Barker, tailor, Station-road, Reigate.
Francis Hewer, butcher, Hereford.
Stephen Nicholson, solicitor, Leeds.
Christopher Smith, commission agent, Huddersfield.
Henry Wostenholm, cutlery manufacturer, Sheffield.
Luke Frith Bingham, auctioneer, Bakewell, Derbyshire.
Wm. Wood, butcher, Leeds.
John Chappell, mungo manufacturer, Horbury, York-
shire.
Thomas Austwick, farmer, Monk Fryston, Yorkshire.
John Henry Welchman, general agent, late of Upper
Stamford-street, Surrey.
Robert Eden Hope, oil merchant, Mark-lane, City.
Richard Deacon Dodge, commercial traveller, Southwark
Charles Roe, schoolmaster, Roydon, Essex.
Charles Cowdery, licensed victualler, Bloomsbury,
James Moss Sperling, late of The Grove, Clapham.
William Babington, provision dealer, Lower Walton,
Lancashire.
Robert Kelly, grocer, Liverpool.
Walter Lepard Crockford, milliner and laceman, Bir-
mingham.
John Smith, farmer, Longworth, Lancashire.
Edwin Bendall, carrier, Blaisdon, Gloucestershire.
Thomas Henry Bates, coal dealer, Walsall.
Richard Hall, builder, Walsall.
Isaac Lewis, baker, 3, Langdon-place, Camberwell.
John George, baker, 2, Providence-buildings, New Kent-
road.
George Richards, licensed victualler, Billingsgate
market.
William Stoten, baker, 18, Backchurch-lane, St. George-
in-the-East.
Charles Williams Brown, clerk, 14, Morden-grove,
Lewisham-road, Greenwich.
Phillip Bastard Peek, commercial traveller, 100, Drum.
mond-street, St. Pancras.
William Kennedy, bricklayer, Lancaster.
William Wade, baker, Wickham Market, Suffolk.
Thomas Ridgway Coles, printer, Brighton.
Morris Goddard, greengrocer, Brighton.
Edward Hea'es, shipwright, Devonport.
William Jessup, blacksmith and grocer, Ryarsh, Kent.
John LaJd, builder, Turner's-road, Limehouse.
James Suthorland Menzies, private tutor, Kilburn, Mid-
dlesex.
Samuel Shickell, licensed victualler, Blackman •street,
Southwark.
Henry Mort Feist, newspaper reporter, Cleveland Cot-
tage, Sutton, Surrey.
Bernhard Behrenz, brush manufacturer, Southampton-
street, Camberwell.
John Henry Gibbons, chemist, Chesham, Bucks.
Henry Tuson, printer, Cettage-place, Salmon-lane, Lime-
house.
Christopher Storry, mess master, Winchester.
Ercole Mecath, professor of singing, Brighton.
Henry Adeane and William Baker, iron bedstead-
makers, Stanhope. street, Hampstead-road.
William George Bartlett Harbord, ship chandler,
Tooley-street, Southwark.
Charl©y Wray Lewis, barrister-at-law, Barnes-terrace,

Barnes, Surrey:
James Scraggs, draper, High-street, Watford, Hertford-
shire.
Samuel Francis Hooper, commission agent, Bernard-
street, St. George's Bloomsbury.
William Henry Chapman, livery-stable-keeper, Garway-
road, Westbourne• grove.
George Green, upholsterer, Hertford, Hertfordshire. t
William Simmonds, builder, Little Peter's-street, es -
minster.
Henry Albert Ball, dairyman Brixton-road, Surrey.
William Winnictt, 14, Chap° -place, Cavendish-square.
Michael Duffy, beer-house keeper, 73, Wapping-wall,
Shad well.
henry Nodes, undertaker, Rert-street, Chelsea.
Alexander Cohen, marine store dealer, Now-street,
Gravel- yard, Houndsditch.
James Holroyd, warehouseman, Bagingliall-street, City.
Thomas Bonham, baker, Brighton-road, Aldershott.
Edward Davies, boot maker, Townshend-road, St. John's
Wood.
Henry Garrott, attornoy's clerk, Upper North-place,
Gray's-inn-road.
SCOTCH BANKRUPTS.

John Scott aul Sons, shipbuilders, Greenock.
William Forrest, grocer, Brokley, Lanarkshire.
Patrick Durnan, boot maker, Glasgow.
William Young, builder, near lgm.

[ADVERTISEMENT.]—HoIIoway's Ointment and Pills.—
Chest Preservatives.—As the termination of each year ap•
proaches the rate of mortality from diseases of the lungs in-
creases week by week. Holloway's ointment, well rubbed
upon the chest, aided by hispills, arrests all mischief. These
cleansing medicaments exercise the most salutary and res-
torative influence over the entire contents of the pectoral
cavity. Air-tubes, nerves, bloodvessels, and all other tis-
sues feel their wholesomely potent power, more particularly
in their thoroughly purifying both venous and arterial blood
by promoting the free circulation of air. Neither ointment
or pills contain any vicious ingredient whatever ; but their
balsamic nature nourish rather than irritate the system, and
kindly subdue all untoward symptoms till all is well once
more,

LOSS OF TEE BRIGANTINE EMILY,
OF CORE ,-OFFICIAL REPORT.

TO THE BIGHT HON. THE LORDS OF THE COMMITTEE OP

PRIVY COUNCIL FOR TRADE.

My Lords, —ln compliance with your lor dships' commands,
communicated to me by Mr, O'Dowd, the solicitor for the
Merchant Shipping Department of the Customs, I have, in
conjunction with Inspecting Commander Thomas Goss, of
the Queenstown Coastguard Division (Nautical Assessor)
made inquiry into the circumstances attending the recent loss
of the brigantine Emily, of this port, and have the honour
to submit the following as my report of the circumstances,
and my opinion thereon :—Tho Emily was an American-
built vessel, and registered as of the port of Cork, in 1859, in
the name of Mr. George Howe, and commanded by Mr.
Timothy Beaso, who holds a certificate of competency, No
12,885. She proceeded from Cork on the 20th August, on
a voyage to Miramichi, under command of Captain Bease,
with a crew of five able seamen and one boy. Sbo carried
neither cargo nor passengers, but had on board 90 tons of
ballast, which, adverting to the fact of her total register
tonnage being only 150, may be considered an adequate
quantity. The weather during the early part of the voyage
was variable, but not unfavourable. On the 14th of Sept.,
however, it began to blow freshly from the westward, and
the first casualty then occurred—viz., the breaking and
working of the cap of the mast—increasing in violence
'until the 24th, when the ship had proceeded on her voyage
I as far as lat 47 3, and long 36 55. She then appears to have
laboured heavily, drifting in the course of the two following
days about 50 miles to leeward. Deeming it impossible to
pursue the voyage to America at that advanced period of
the year, and the more especially as the vessel was leaky,
they made the Fastnet Rock, bearing E.S.E. seven miles
distant, the wind then getting round to the south, with
every appearance of a bad night. Failing to weather the
Fastnet, they bore up for Berehaven, and rounded the
Roancarrig Light to the eastward at 11 30 p.m., passing be-
tween Roancarrig, and in close contiguity to it. This is
not the passage which a prudent seaman should have
chosen. Tho passage recommended by the sailing directions
being north-westerly of Roancarrig Island, the latter would
have been a safe and direct course to the anchorage. After
rounding Roancarrig Light, they hauled up on the port tack
under single-reefed topsail and mainsail, standing towards
main land. As they approached the Haven the wind veered
to the westward, which broke the ship off when within
about two cables' length of the mainland. They then put
the helm down to throw the vessel on the other tack, but
finding that she would not stay, and there not being suffi-
cient room to wear her, they hauled the jib down, let go the
port anchor, which brought her head to wind, and veered
out:3o fathoms of cable, the wind still blowing strong from
the S.W. The anchor was, however, brought home, and the
vessel's stern touched upon the rock, or the mainland, hav •
ing then 4ft. of water in the hold. Obtained the assistance
of two shore boats and 14 men, and carried out a stream an-
chor and 5-inch hawser, which hove the vessel off the rock ;
but owing to the heaVy strain, the hawser parted, and she
went broadside on the rocks, where she bilged, broke her
keel, stern post, and stern frame, unshipped her rudder,
filled with water, and became a total wreck. It appears in
evidence that the lead, instead of being ready for use, was
stowed away in a locker below, and that on way to Bore-
haven, though the master was not acquainted with the lo-
cality, and the night very dark, the lead was not used. It
also appears in evidence that the only chart on board the
vessel was NoHe's General Chart of the English Channel
—altogether on too small a scale to show the master any of
the difficulties ho was approaching. It may also be added,
that the chart was so old and obliterated as to render it im-
possible to distinguish the rocks in the vicinity of Roan-
carrig. It also appears that the master was; ignorant of
the safe anchorage which he would have found in the har-
bour of Crookhaven, after passing the Fastnet. Under all
the circumstances, I regret to have to report to your lord-
ships as my opinion that the loss of the Emily is attri-
butable to the default of Captain Bease, either in. not hav-
ing gone into Crookhaven, or omitting to do so; in not
having taken the approved established passage between
Roancarrig and Bore Island; as also for not having used
his lead, as he ought to hayed ono under the circumstances.
Several testimonials having been produced in favour of
his antecedent character, and it appearing that he and his
crew suffered great bodily exhaustion prior to the oc-
currence of the wreck, I submit as my opinion that the
case is one in which your lordships might deem it expedient
to adopt a lenient course.
I have, &c., EDWARD ORME.
I concur with Edward Orme, Esq., R.M., in the fore-
going report. THOMAS Goss, Corn. R.N.,
Inspecting Commander Queenstown Division.
Cork, Oct. 29, 1861.

COUNTRY MARKETS.

BRISTOL—Nov. 5.

Our market this morning was fairly attended, and the
wheat was in good inquiry. Both new and old samples
of flue:quality brought fully late lulus.

LEEDS—Nov. 5.

Wo have had a good show of grain to-day, and but a
very moderate attendance. A limited business was done
in wheat of fine quality at an advance of is per qr upon
last week's currencies. Fine barley is lower. Oats and
beans at fully late rates.