The Sun.
London, England, 1861-02-13 00:00:00

LATEST PARTICULARS.

During the height of the 4li;tUAances yesterday
one of the convict-keepers, named Goad, was
severely injured by the convicts, and now lies
in a
very precarious state. On the outbreak occurring
the convicts demanded that Mr. Kinch, the chief
warder, and Goad should be given up to them, as
they intended to hang them. Goad, had he been
recognised,, would no doubt have fallen a victim to
their fury, but after being severely treated, he was
forced into a cell, where he was locked in.
This morning Major-General Sir Joshua Yebb,
K.C.8., the Inspector-General 'of Prisons, arrived
at the prison to institute an investigation into the
outbreak, in conjunction with Captain Gambier.
The result of their investigation was made known
this evening, 90 of the ringleaders being ordered to
be flogged, and afterwards sent to Millbank and
Pentonville. Twelve men have been flogged at the
prison this afternoon, including Bassett, who was
the ringleader in the outrage on St. Mary's Island,
a notorious convict named Butt, and 10 others, each
of whom received three dozen lashes.

The ringleaders in the mutiny yesterday are still
securely. chained together, awaiting their punish-
ment. A guard of 100 soldiers, with loaded rifles,
will remain on duty at the prison tolaight.

THE CHARGE AGAIN-ST A CITY

MERCHANT.

Mr. Robert North, a partner in the firm of Niekoll
and North, Russia brokers, who stands committed
upon the charge of stealing a large quantity of tallow
value nearly £9,000, was yesterday again placed at
the bar of the Mani on-house, before the Lord

Mayor. Alderman Sir R. W. Carden, and Alderman
Rote, in order that the depositions in this particular
case might be completed, and also that further evi-
dence might be adduced in support of another
charge of defrauding Messrs. Goss and Co., Russia
brokers, Old Broad-street, of £1,497, under similar
circumstances.

Mr. Giffard, the barrister, instructed by Messrs.
Freshfield and Co., the solicitors to the Bank of
England, again attended on behalf of the prosecu-
tion. Mr. Metcalfe, the barrister, instructed by
Mr. Baylis, solicitor, of the Poultry, appeared as on
the previous occasions for the prisoner.
Mr. George Goss deposed that he carried on the
business of a Russia merchant at 98, Old Broad-
street, and in November last the prisoner purchased
of him a quantity of tallow, at the rate of 60s. per
cwt. The transaction took place on the 26th, and
he gave the prisoner a contract note, a copy of
which he produced.
The contract was put in. It was in the usual
form with this exception, that the bargain was
expressly stated to,be for " ready money."
Mr. Goss then went on to state that this trans-
action would have come to a conclusion on Jan. 30,
and he sent the prisoner the usual notice that he was
ready to deliver the tallow on the 16th, and on
Jan. 28 he met the prisoner at the Baltic Coffee-
house, and he asked him whether, he would be in-
clined to advance money on tallow ? Witness in-
quired whether he referred to the tallow he had
purchased of him, and he said he did not, he meant
to pay for that, and they parted. On the following
day witness received from his clerk a cheque for
£1,497 14s. lid.,, signed by prisoner, which was
the price of the tallow, deducting one day's interest.
The vitt! ~.,' i ghetild certainly not have given
an order for the ,Liivery of the property if he had
not believed that there was money at the prisoner's
bankers to meet the cheque. It was paid into his
own- bankers, Messrs. Williams, Deacon, and Co.,
and was returned unpaid the following day.
Mr. Goss was subjected to a severe cross-exami-
nation by Mr. Metcalfe, and in answer to various
questions that were put to him, he said that in the
Baltic trade it did frequently happen that at the
time the cheque was given in a transaction of this
description the money to meet it was not at the mo,.
meat at the bankers, and it vas understood that
the cash would be provided in the course of the day
and that some arrangements would be made for
that purpose. In the ordinary course of bush: 0s the
broker would give the delivery order to his princi-
pal, and ho would hand him his cheque in return.
The witness also said that it was a customary ope-
ration in thetradetoborrow money upon the tallow
that bad been purchased, and use that money to
meet the cheque that hadbeen paid for it. Witness's
firm only acted for principals, but he said he was
quite aware it was customary-for Russian brokers
to speculate, and he also said it was quite common
for principals to ask brokers to advance them money
to meet the engagements they had made.
Mr. Metcalfe inquired whether a fall in the mar-
ket, or the circumstance of the tallow purchased
not turning out as good as was expected, would not
materially affect the position of any person who
wished to borrow .money upon the article P
Mr. Goss said no doubt it would, but an honest
man could at all events return the property to the
parties from whom he had received it, or if he had
pledged any portion of it he would not keep it, but
would hand it over to the owners of the property.
In answer to further questions, Mr. Goss said
that at the time the delivery order for the tallow
was given to the prisoner it had not been transferred
to his own order, but this mole from the fact of the
prisoner pressing to have the order very early, on
the day before the transfer could be effected. Ihe
transfer was, however, sent to the wharf (Scovell's),
where the tallovi was lying in the course of the day.
The Lord Mayor inquired of Mr. Goss whether
he was to understand that at the time he gave the
delivery order to the prisoner there was no tallow
deliverable under the order.

Mr. Goss said that was the fact, but it arose
solely from the prisoner pressing to have the order
so early, and before they had time to get the pro-
perty transferred to their firm.
Evidence was then given that upon the receipt of
the delivery order the tallow was transferred, by a

fresh warrant to Mr. Dalton, a solicitor, the same
gentleman who name was referred to in the inquiry
that took place on Monday relating to the other
transactions. It was &so proved, as in the former
case, that on the day the cheque was given, the
whole amount standing to the credit of the prisoner
at his banker's was £8 13s. 4d.

---
The Cord Mayor (Mr. Giffard having previously
stated that this was all the evidence he proposed to
adduce on the'part of the prosecution), intimated
his opinion that the case wax one which ought to
be submitted to the consideration of a jury.
Mr. Metcalfe then addressed his lordship, and
said he was certainly surprised that his lordship
should have come to such a determination, as it
appeared to him that there really was no legal evi-
dence whatever to support either a charge of lar-
ceny, which appeared to be the present form of
charge against the prison er,or one of obtaining goods
by false pretences. In order to make out a false
pretence, within the meaning of the statute, and
according to all the case that existed upon the sub,
ject, it was necessary that there should be a false
representation as to some existing fact to support
such a charge. If the. prisoner at the time he gave
the cheque had stated that it would be paid, and
there was money at the bankers to meet it, it would
have been very different ; but it was admitted by
the manager of Mr. Hubbard on Monday, and by
Mr. Goss to-day, that in these transactions it was
understood that at the time the cheque for such a
purchase was given the money was not ready to
meet it, but that some arrangement would be made
in the course of the day to provide for the cheque.
He then proceeded to argue that there was no pre-
tence for charging the prisoner with larceny, and
he said that if such a course could be taken upon
such evidence as had been produced in this case,
any broker engaged in the Baltic trade, as it was
termed, who, from the failure of his principal to
provide the necessary funds, or from the inferior
cnaraeter of the article rendering it difficult to
obtain an advance of money upon it, was unable to
meet payment, might be placed in the felons' dock
upon a similar charge. The learned counsel con-
cluded-by stating that if, as he gathered from the
the course that had been taken, the prisoner would
he charged with stealing the order for the delivery
of uh: tallow, he would remind his lordship that at
the time was given Mr. Goss had none of the
tallow in his pth.gsession, and upon this technical
ground he submitted hat there was no foundation
for such a charge, and than upon all the facts there
was not the slightest probabr.Lity that any jury
would convict the prisoner, and he I,`..her!fore called
upon his lordship to dismiss the complaot_
Mr. Giffard, in reply to the address of Mi".• Met-
calf, said that with regard to the technical point
that had been raised by his learned friend as to the
delivery order being of no value, he would merely
state that in a very important case that was argued
before the Court of Criminal Appeal, where a per-
son named Watts, a clerk to the Globe Insurance
Company, who was charged with larceny in steal-
ing a piece of paper of the value of one penny,
that piece of paper being a cheque that had been
returned and re-issued by the prisoner, the court
decided that the count charging this offence as lar-
ceny was a good one, and that the prisoner was
properly [convicted. With regard to the other
topics that had been urged by his learned friend, or
with reference to the morality of the speculative
transactions that had been suggested too place in
this particular trade he had nothing to address to
his lordship ; bat he might be excused for observing
that in most cases where people were inclined to
speculate, they did so with their own money' and
their own property, whereas the prisoner appeared
to desire to do so with that of other people.
The Lord Mayor then left the court for a short
time, for the purpose of conferring with Mr. Good-
man in reference to the case.

His lordship upon his return said that the result
of the deliberation with Mr. Goodman had been to
confirm him in the intention he had before formed
in his own mind to commit the prisoner for trial.
He had looked very carefully at the wording of the
original contract under which the transactions took
place, and he could not fail to see that the bargain
that was made was one for " ready money," and
the evidence given by Mr. Goss was distinct and
clear, to the effect that :he would not have parted
with the property if he had not believed that he
would hove got the money. With regard to the
technical form in which the charge would ultimately
be made he had nothing to do ; that was a question
for the consideration of the gentlemen who would
have to draw the indictment, and all he had to do
was to commit the prisoner for trial.

The e.L,arge upon... Which the prisoner was formally
committed v: as that of stealing a piece of paper of
the value of twoi;ence, and in answer to the usual
formal question whet::
er he desired to give any an-
swer to that charge; he inlied that he had nothing
to say.
Mr. Metcalf made an urgent application to his
lordship to allow the prisoner to 13%.' admitted to
bail.
_

The Lord Mayor said he thought he should
.not
be doing his duty if he granted the applicatli.m.
He should be sorry to give any reasons for this de-
tirmination, which might be painful to the prisoner,
but he had quite made up his mind not to take bail.
The prisoner was then fully committed on both
charges.

WILLS .4YI) BEQUESTS.

(From the Illustrated London News.)

The will of the Rev. Dr. Croly, LL.D., rector of
St. Stephen's, Walbrook, and late of Queen-
, square, Bloomsbury, was proved in the London
Court of Probate on the 4th of this month by the
, acting executor, Frederick William Croly, Esq.,
the testator's son. The personalty was sworn under
£B,OOO. The dispositions contained in the will are
exceedingly brief, the whole being confined within
four folios. It bears date the Ist of September last,
and at the commencement has words usual in these
documents but not often so closely brought into
operation, " being Sound in mind and body,
yet aware of the uncertainty of life, make this
my last will and testament," and then proceeds
by bequeathing his plate and some family paintings
to his son Frederick. His furniture and books he
directs to be equally divided among his three sons.
To his son Pelham he bequeaths a legacy of
£3,500, and leaves the residue of his property
between his two sons, Frederick and Julian.
There are na other bequests or directions con-
tained in the will, which was attested by Clement
U. Price, solicitor, Bedford-row, and by G. P.
Wright, his clerk. Dr. Croly was the rector for a
period of twenty-six years of a parish which is
decorated with one of the finest specimens of
Sir Christopher Wren's church architecture, and
maintained a high reputation as as author and was
equally distinguished and popular as a preacher.
This eminent man, whose death, on the 24th of
November last, was so sudden as to have created a
great shock at the time, had attained the advanced
age of 76, and was in the enjoyment of good health
and strength up to the period of its termination.
The will of Sir Richard Puleston, Bart., of Em-
ral-park, in the county of Flint, was proved in
London on the 2d of tills month. The personalty
was sworn under £lO,OOO. The executors nominated
are Lieut. Gen. Sir Richard England, G.C.8.,
LH.; Henry Bailey, sen,, Esq., of Nant-y-glo ; G.
Barker, Esq., of Stanlake, Berks ; and the Rev,
Theophilus G. H. Puleston, the testator's son.
The estates of inheritance situate in the counties of
Flint, Chester, and Denbigh are entailed on the
issues of the eldest son, Sir Richard Price Pule-
ston, Bart. To his second son, John P. B. Pule-
ston, the deceased baronet has left all his other
estates and disposable property, real and personal.
The will, although of great length, containg no
bequests to other members of his family. It bears
date the let of June, 1355, and was attested by
Frederick Peake, Gray's Inn-square ; and Henry
Penlington, coachman to Sir Richard. The de-
ceased baronet, who was twice married, died a
widower, the 'late Lady Puleston having prede-
ceased him in 1847. Re has left three sons and
three daughters. Sir Richard died on the 19th of
December last, at West Kirby, Cheshire, at the
age of 71.
The will of Sir Matthew Edward Tierney, Bart.,
of Chapel-street, Belgrave-square, was proved in
the principal registry, on the 28th of last month,
by Lady Tierney, his relict, the sole executrix. It
was execut'd on the 21st of March, 1857, and
attested by W. Watkins and F. P. Hooper, solici-
tors, Sackville-street, and is very concise, the
Baronet having bequeathed the w hole of his estate,
real and personal, over which he had a power of
disposition, to his wife, for her sole and absolute
use. Sir Matthew died on the 28th of December
last, at the age of forty-two, and has left no issue,
The deceased Baronet was the only son of the late
Sir Edward Tierney, Bart., and the nephew of Sir
Matthew J. Tierney (the first Baronet), Physician
to King George IV.

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HEALTH OF LONDON DURING THE WEEK.

(From the Rivigtrar-Gewrars Weekly _Return.)

The rate of „mortality in London was higher
last week than it usually is in the first week of
February ; but since by a grateful change fine
weather has reigned, the weekly number of deaths
has rapidly fallen. In the .week that ended last
Saturday 1,459 deaths were registered ; in three
preceding weeks the numbers were 1,926, 1,783
and 1,544. In the five weeks ending January 19t
the mean weekly temperature ruled from 25.9
deg. to 32.4 deg. In the last three weeks it has
been about 42 deg.
The average number of deaths obtained from
the returns of the weeks corresponding with last
week in the ten years 1851-60, and corrected for
increase of population, is 1,360. The present re-
turn, therefore, shows an excess of almost a hun-
dred deaths over the calculated amount.
The deaths from pulmonary diseases, exclusive
of phthisis. decreased from 447 in the previous
week to 362 last week, w.hich latter number may
be compared with the corrected average, for ten
corresponding weeks, 321. The mortality from
bronchitis is on the decline, though it is still above
the average. This disease numbered 210 deaths
last week, pneumonia 94, asthma 32, whooping-
cough 81. There were 10 deaths from small-pox.
Seven nonagenarians died in the week, the oldest
of whom was a man aged 97 years. and two
widows aged respectively 97 and 99 years. Six
deaths are referred to murder or manslaughter, 4 of
which are deaths of infants. Nine deaths 1(6 of
infants) aro ascribed to syphilitic disease. Two
persons died from privation, viz., the son of an ex-
cavator, aged 6 years, who was brought to West-
minster Hospital from, Dacre-street, Westminster,
and died on the 3d inst. of "privation, tuberculous
disease ;" and the widow of a wine cooper, aged 65,
who died on the 18th tilt., at 19, Rushton-street,
St. John's-road, Shoreditch, from congestion of the
heart caused by want of food and exposure. There
were also two cases of privation in which verdicts
of murder or manslaughter were returned. A jour-
neyman wood carver and his wife died, the latter on
the 7th inst., the former on the Bth inst. of typhoid
fever, at 99, Mansfield-street, Haggerstone.
A female servant wiAO had been brought to the
Smallpox Hospital, where she died, had been living
in a family in Kensington where there was small-
pox, and when she was attacked by the' disease it
is stated she was turned into the street. A state-
ment of so grave a character requires investigation.
Of 15 children, who died by suffocation, 12 were
suffocated in bed.

Last week the births of 1,067 boys and 999 girls,
in all 2,066 children, were registered in London.
In the 10 corresponding weeks of the years 1851-60
the average number was 1,774.

COUNTRY SI ARKE'arS.

BRISTOL-Fri 3. 12.

At our market to-day there was a large attendance of
country buyers, who were more anxious to buy than for
some time past ; a fair business was done in wheat at is
more money on the week. Grinding barley 6d dearer.
Beans, peas, and oats firm. To-night it has commenced to
snow, and it looks likely to continue..