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

LAW INTELLIGENCE-( THIS DAY.)

DIVORCE COURT.
(Before Mr. Justice Wightman, Mr. Baron Martin, and

Sir C. Cresswell.)

PETITION FOR DIVORCE,--ARMITAGE V. ARMITAGE AND

MACDONALD.

This was a petition by the husband against the wife for
divorce, for adultery. The wife did not appear. The co-
respondent, Colonel Macdonald, by his counsel, pleaded
accord and satisfaction bypayment of XlOO damages, awarded
by the jury in an action of damages tried before the Court
of Common Pleas against the co-respondent.
Counsel for the petitioner, Mr. Wandsworth and Mr.
Pullen, read several affidavits to prove the fact of the mar-
riage, and the acts of adultery at Inverness, Edinburgh,
and London, in Pimlico and Stanhope-street, from 1851 to
1&56.

Dr. Deane appeared for the co-respondent, and pleaded
that he should not be made liable to pay the costs of the
action of divorce, because he had already paid the costs of
the trial of the action of damages at common law, and it
would be very heard to bring him again into court and
make him pay double costs. There was no evidence to
prove that Colonel Maoilonald knew that Mrs. Armitage
was a married woman.

Mr. Pullen, for the petitioner, replied. The learned
counsel contended that there was fair inference to infer,
from the evidence produced, that Colonel Macdonald was
aware that Mrs. Armitage was a married woman at the
time tho adultery was committed, and therefore liable to
pay expenses of divorce. The petitioner was a retired soli-
eitor, from Bombay, who came to Scotland and married his
wife at Inverness, in 1849.
Mr. Justice Wightman said the petitioner, on the
evidence of adultery produced, was entitled to a decree of
divorce. With respect to the liability of the co-respondent
to pay costs, he did not mean to lay down any general rule
as to payment of costs by co-respondent, but looking to the
particular circumstances of this case, that Colonel Mac-
donald had already paid damages and costs, and looking to
the fact that Mrs. Armitage was seen in company with
another man at the theatre, before the cohabitation with
the co-respondent, and that she then took the name of Mac-
donald, baptised her child Macdonald, he did not think
that Colonel Macdonald knew that Mrs. Armitage was a
married woman, and therefore he was not liable to pay the
costs of this action of divorce.

Mr. Baron Martin and Sir C. Creswell entirely con-
curred.

The Court decreed the dissolution of the marriage, with-
out costs against the co-respondent.

SECONDARIES' COURT.
(Before Mr. Sergeant Potter and a Jury.)

OMNIBUS OPPOSITION AND A CCIDENT.-DAMAGES, n 25.-

HILCOCK V. FROWNE.

Mr. Robinson appeared for the plaintiff, and Mr. Ser-
geant Ballantine for the defendant.
The action was brought to recover damages sustained
through the reckless conduct of defendant's servant.
Mr. Robinson said this action arose out of a system
fraught with much danger to her Majesty's subjects. He
alluded to the system of opposition and racing by omnibus
proprietors and their servants, Plaintiff was a sufferer by
the systeM, and he now sought at the hands of tho jury
substantial damages for injuries inflicted. •On the 25th of
August plaintiff, a wine and spirit merchant in the City,
was driving down the Clapham-road, in a gig, and he was
met by three omnibuseS (one belonging to the defendant)
which were racing. One stopped to set down a passenger,
one went safely by, but defendant's 'bus, though called
to by plaintiff and a friend who was with him, came into
such violent collision that plaintiff and his friend were
dashed out 'of the gig, which was completely turned over.
Plaintiff was stunned and one of his legs cut opeu. Hs
kept his bed for six weeks, and being a middle-aged man,
the injuries would be permanent. The injury to his head
in particular was very severe.

Mr. Sergeant Ballantine here stopped the learned counsel
for plaintiff, and offered terms, to which Mr. Robinson, on-
behalf of hifi client, assented.

Mr. Sergeant Ballantine said his client had always been
to admit that plaintiff had been a sufferer by the act
of his (defendant's) servant, and had, in fact, upon being
applied to, offered £100; now he had consented to a ver-
dict fOr £125. He (the learned Sergeant) had been instructed
to say that defendant discountenanced all opposition by his
servants. • -

The learned Secondary then entered a verdict for plain-
iff—danages £125.

C.RI3IINAL COURT.-(THIS DAY.)

OLD COURT.
(Before Mr. Baron Martin and Justice Byles.)

John Williams and Robert Frost were indicted for a bur-
glary, Ind also with cutting and wounding Eversted, a
police officer, while in the execution of his duty.
Mr. Cooper conducted the prosecution, and Mr. Ribton
defended the prisoners.

From the statement of the learned counsel, it appeared
that the offence for which the prisoners were charged was
one of a very serious character, and the police officer was
most cruelly ill-treated. The prosecutor was a lady re-
siding in Devonshire-place, Victoria-park, and early on
the morning of the 30th of Nov. last was awoke by hearing
cries of " murder" and " stop thief," and upon looking
into the garden she saw the constable in the act of pur-
suing two men, who jumped upon the garden wall, and
shortly afterwards constable Eversted came to her covered
with blood, and produced the decanter stand that had been
stolen from a cheffioner on the ground floor. The constable
said, while on duty he was passing the house of the prose;
cutrix, when he saw a light, upon which he went to the
back of the premises and saw the prisoner Williams coming
down stairs with a lighted candle in his hand. He got in
at the back door and seized Williams, who immediately
threw the candle down, and then the prisoner Frost came
up, but on seeing the policeman he threw away a quantity
of plate which he had in his possession, and endeavoured to
rush past him. Eversted knocked him down, and
both prisoners then made a most desperate attack
upon him, and struck him several times with
a "jemmy," which inflicted very severe wounds. He,
however, continued to retain his hold for some time,
but loss of blood rendered him faint, and eventually both
men got away. He pursued them as long as he was able,
and during the pursuit Williams dropped the decanter,
which was identified by the prosecutrix as her property.
The prisoners were not apprehended until the 4th of
December, when both men, although differently dressed,
were at once identified by Eversted as the men who
assaulted him.

At the termination of the evidence, which clearly brought
home the offences charged,

Mr. Ribton addressed the jury for the prisoners, and the
learned judge having summed up the evidence, the jury,
without hesitation, found both prisoners guilty of the capital
offence.

A former conviction was then proved against both pri-
soners.

Baron Watson, in passing sentence, highly eulogised the
conduct of the police constable, and ordered sentence of
death to bo recorded against each prisoner, but the punish-
ment the prisoners would have to undergo would be ten
years' penal servitude.

Mr. Cooper drew the attention of the learned judge to the
power he possessed of rewarding the conduct of the police-
constable.

Baron*Watson said, in rewarding the meritorious conduct
of the officer he felt the greatest pleasure, in which he felt
assured every person in court participated. He had shown
great courage, and had acted with such credit that he should
order that a gratuity of £2O be paid to him•
The announcement caused the greatest satisfaction.

NEW COURT.
(Before the Recorder.)
THE ST. PANCRAS DEFICIENCIES.
Thomas Birchmore, lately relieving officer and overseer
of the poor of the parish of St. Pancras, surrendered to an
indictment, charging him with appropriating certain sums
of money received on behalf of that parish to his own pri-
vate purposes. There were five indictments against the
prisoner.
Mr. Gifford and Mr. Poland appeared for the prosecu-
tion. The prisoner was defended by Mr. Metcalfe.
The learned counsel for the prosecution having stated the
charges against the prisoner, called

Mr. Griffiths, a scripture reader, who stated in evidence
that for some time he had paid to prisoner certain small
sums of money, none of which were entered in the prisoner's
receipt-book.

Mr. Wyatt—l amo. director of the board for the relief of
the poor of St. Pane- ts, and a magistrate of the county.
The prisoner was the relieving officer and overseer of the
parish. The prisoner's appointment waste,written one, and
part of his duty was to receive money on' the part
of the parish, and he has told me he has done
so. He paid the money in he collected from
week to week, or I should say his receipt book
in which he ought to enter all monies received on behalf of,
the parish, and then pay them over to the clerk of the direc-
tors, who transmitted them, with the book, to the audit
committee. I never knew him to pay over to the clerk any
monies except those entered in the book. He never told
me he had done so. On the 15th of Oct., 1858, the audit
committee made a report concerning Mr. Birchmore. On
the 16th he called at my house and told me that he had
received the half-yearly dividend of one of the pailsY
legacies, and had not accounted for it: I told him (not
thinking that there were any other deficiencies) he had
better tell the audit committee all about it. I said I would
summon the audit committee for the next week, when I
would give him all the benefit of any statement he made.
Some other deficiencies were discovered, and he asked for a
few days, when he would state exactly the position ho stood
in with respect to the moneys he had received on behalf of
the parish. His request was granted, and in a week after-
wards the board re-assembled. On the morning of the day
the board was to assemble ho called at my house and told
me he wished to make a statement ; but I told him I Would
rather not hear him. He pressed me very much to hear him;
and said he was a defaulter to about £lOO, but his securities
were good. He asked me if I thought the directors would
consent to liquidating it by his receiving half salary. I
toad him they would not do that, and the least punishment

would be his dismissal. He said he hoped they would not
prosecute him, and I replied tharpersonally I had no wish
to do so, but I could not tell what- restilt the committee
might arrive at, but I advised him to appear hefbrE; the
board and state the whole truth. When the prisoner earns
before the board he made a request that he might be allowed
to liquidate his deficiencies by receiving only half salary.
The proposal was rejected, and he was told the result
of the meeting would be reported to the board on the fol-
lowing Tuesday. He said he should make the same pro-
positions when he appeared before it. lie never appeared,
and in a few days after instructions were given to the police
for his apprehension.

Mr. Metcalfe—Wore the prisoner's accounts, as relieving
officer, correct.

Witness—l believe so.

Mr. Metcalfe—Then the charges we are investigating are
those committed by him in the capacity of overseer, not as
relieving officer.
Witness—l can't say that. He received the monies as a
servant of the directors of the poor.
Several other witne9.es were examined to prove the pay-
ment of certain small sums of money to the prisoner, for
which he had not accounted in a proper manner.
(The trial was proceeding when we went to press.)

THIRD COURT.
(Before the Common. Sergeant.)
Elizabeth Stowe, 18, was indicted for stealing, and
Bridget Woodhouse, 48, for feloniously receiving, a quan-
tity of articles, the property of Mrs. Collington.
The prisoners pleaded not guilty.

The evidence was of a very slight description, and the
Common Sergeant, in his summing up to the jury, said
before the prisoners could be found guilty of stealing they
would have to decide whether the articles alleged to have
been stolen were of such a worthless description as the
prisoner Stowe, being a servant to Mrs. Collington, might
consider she was doing no wrong in giving away.
The jury, without hesitation, returned a verdict of not
guilty.

POLICE INTELLIGENCE.-(THIS .DAY.)

MARLBOROUGH-STREET.

CHARGE OF STEALING AN EARILING.---SITSPICIOHS
CONDUCT OF A SHOPREEPER.—AIMe Snelling, s young
girl, servant to Mrs. Cook, of 18, ,Berwick-street, Sohorwas
charged with stealing an ear-ring, the property of her
mistress.

The prosecutriJe said that the previous morning, having
missed one of her ear-rings from the place where she,had
deposited it in the parlour, she went, accompanied by the
prisoner, to a shop in Wardour-street, and asked if they
had an ear-ring like the one she produced. Sho was told
thoy had not, but that a girl resembling the prisoner had
offered one for. sale on the previous day. That induced her
to go to the shop of Mr. Borley, 17, Prince's-street, and on
asking that person whether he had purchased one of the
girl he hesitated, and denied at first having done so, but
after about a quarter of an hour produced it, with the stones
taken out.

-Mr. Borley said he believed the prisoner to be the person
he bought it of.
kr. Leadley, the chief clerk, asked the witness why ho
hesitated when the prosecutrix spoke to her about it.
Mr. Borley denied having done so—he was at his dinner
at the tithe.

The prosecutrix said he hesitated and seemed to wish to
induce the girl to say she had not sold it to him.
Prisoner said she was guilty.
Jacob Turner, 77 C, said hebelioved the prisoner's friends
were respectable though poor.

Mr. Beadon (addressing the witness 13orley)HMore assist-
ance ought to be given when a person came and asked for
anything. . A respectable shopkeeper would do so.
Inspector Bowles said the stones had been changed and
inferior ones substituted.

The proseerutrix said they were not the same stones.

Mr. Beadon said he would have no tricks of that sort—
the ring was broken up immediately. There could be no
difficulty in the case when the companion one was pro-
duced. The prisoner must be committed for 14 days.
Mr. Borley said the -stones were a no value.
Mr. Beadon said he did not care what the value was—the
ring was broken up and the stones taken out. It was any
thing but creditable.

ENGLISH PASSENGERS AT FRENCII

PORTS.

The complete statistics of the passenger traffic
with England at the principal continental ports in
1858 have not yet been made public, but the fol-
lowing figures show the number of passengers at
the French ports as compared with the preceding
year :

1853. 1857. Decrease.
Boulogne
Calais
Dieppe
Havre. .. 15,446 .. 17,550 .. 2.214
Dunkirk. - 1,878 .. 2,279 .. 401

T0ta1.... 204,725 .. 234,243 .. 29,518

It thus appears that there is a decrease spread
overall the ports, amounting to 10 per cent. on'the
past year's traffic at Boulogne, exceeding 18 -per
cent. at Dieppe, and amounting to 121 per cent. on
the aggregate. Nearly the whole of this falling off
occurred in the early part of 1858 during the ex-
ceptional rigours of the passport system, which were
put in force after the attempt of Orsini. As these
were little by little relaxed the traffic gradually re-
Covered its former activity, so that there is reason
to expect it may once more resume_ a condition of
progressive increase. under the facilities recently
granted to travellers in France. The Customs' duties
paid at Boulogne amounted to £167,563 in 1858,
against £195,315 in. 1857. At Calais they were
£68,069 against £73,241, showing a reduction at
both ports easily accounted for by the diminished
activity of trade in general during the greater
part of the part year. In 1858 gold was im-
ported into France to the value of £22,144,000,
and silver to that of £6,424,000, making the
total importations of the precious metals £28,568,000.
The exports of gold were £2,660,000, and of silver
£7,028,000, making a total of £9,688,000. In the
nine years from 1849 to 1858 the imports of gold
into France were £120,040,000, and the exports
£26,200,000. In the same period the imports of
silver were £48,600,000, and the exports (exclusive
of amounts that may have been privately carried
out of the country), £88,160,000. It would thus
appear that during the nine years the circulation of
gold in France has increased 93,840,000, while the
amount of silver in circulation has diminished
£89,560,000 ; and that contemporaneously with the
gradual substitution of a gold for a silver currency
there has been an increase in the total amount of
the currency of £54,280,000.

THIS DAY'S MARKETS.

CORN EXCHANGE.

The supply of English wheat on offer here to-day wag
only limited. For good and fine qualities of both red and
white the demand ruled steady, at full prices ; but inferior
samples moved off heavily, at Monday's currency.
Fine foreign wheats were held at extreme rates ; but all
other kinds were quite neglected. Floating cargoes of
grain were inactive.

There was a fair demand for barley, at full quotations ;
Malt, however, was a dull sale.

The oat trade was somewhat inactive. In prices, how-
ever, no change took place.

Beans and peas movod off steadily at very full currencies.
There was a moderate business doing in flour at late
rates.

ARRIVALS TRTS WEEK.

Wheat. Barley Malt. Oats. Flour.
English ' 1,560 1 450 i 3,210 ' 2,670 i 630
Irish
Foreign 3OO 1 430 i 1 •--8,550 1 220 sks
I I hlr

BOROUGH HOP.
Good and fine new hops continue to move off steadily at
full prices. Otherwise, the trade is heavy.

IVIIITECHAPEL.

There is a moderato business doing in each kind of meat.
—Beef, from 3a Od to 4s 4d ; mutton, 38 2d to 4s 6d ; lamb,
Os Od ; veal, 38 4d to 4s 6d ; and pork, 3s 2d to 48 4d Per
81b., by the carcase.

COURSE OF EXCHANGE.—YEarenoAv.
Amsterdam
11 17
Ditto- 3 Months. 11 17
11 17
Rotterdam — • I/
327 25 37
1
Antwerp
Brussels — 25 32 25 37 t
.., 13 a 6
Hamburgh
Paris Short. 25 7i 25 15
Ditto 3 Months. 25 32i 25 371
Marseilles.. .
Frankfort on Maine — 11
6i
1181
Vienna
Trieste .. .
Petersburgh ........ 35 36
Madrid
49 491
Cadiz - 491 49
Leghorn .— 29 0
Genoa — 29 77
Naples
401 401
Palermo — 121 121
Messina .....
Rio Janeiro
...... l2ll 122
Lisbon
53
521
Oporto
53
60 rays st. ..
New York .. ........

E.I. Co's Ws. muse bis. 60d.
Calcutta Co.'s ru ee 26 24.
l3orabay,ditto l3
261 24
Mdras ditto • 26 24
'East Indis‘ COmpany's Bills drawn, from the 24th ult.
- the Bth inst.

Bengal LO 0 0

Mndras 0 0 0
Bombay

£0 0 0

1
z. 7 9
Fcreign Gold in Bars (Standard) • • •13'r o
co 0 0
M(xican Dollars
0 0
Silver in Bars (Standard) ll