The Sun.
London, England, 1859-06-16 00:00:00

HOUSE OF LORDS-APPEALS.

Peers present—The Lord Chancellor (Chelmsford), Lord
Brougham, Lord Cranworth, Lord Wensleydale, Lord
Kingsdown, and other peers.
(First and Second Appeals.)
LIVINGSTONE (OR FENTON) V. LIVINGSTONE.
The further hearing of these important appeals was re-
sumed this morning.
These are appeals from a decision of the first division
of the Court of Session in Scotland, sustaining the validity
of a marriage with a deceased wife's sister, and legitimacy
of a son of the marriage.
_ _

Sir Richard Bethell resumed his arguments for the re-
spondent.
The case is not concluded, and is expected to occupy the
attention of their lordships several days.

COURT OF DIVORCE.
(Before Lord Campbell, Lord Chief Baron Pollock, and

the Right Hon. Sir Cresswell Cresswell,

JUDGMENT.-CUNNINGTON V. CUNNINGTON AND NOBLE.
The full Court sat to-day at 10 o'clock to give judgment
in this case.

It will be recollected that the husband, the petitioner
was in the employment of the Post-office, and was
tried and convicted of opening a letter, and ab-
stracting therefrom one shilling in money, and was
sentenced to penal servitude for 10 years. He ob-
tained a ticket of leave, and presented a petition for
divorce against his wife for adultery with the co-respon-
dent during his absence, and the question raised was
whether he was legally entitled to prosecute a divorce,
being a convicted criminal, and not being able to provide
his wife with the means of subsistence. The case was fully
argued last term, and judgment was reserved.
Lord Campbell and Sir Cresswell Cresswell were 9f
opinion that under the 31st section of the Divorce Act, cap.
35, the petitioner was entitled to prosecute for divorce for
adultery notwithstanding his criminal conviction. And
their lordships were also of opinion that the adultery of the
wife with the co-respondent was fully proved, and that
there was no connivance and no condonation of the adultery
proved by the wife on the part of the husband.

The Lord Chief Baron entertained very. grave and serious
doubts of the petitioner's right to prosecute for a divorce
under the particular circumstances of this case. The peti-
tioner had been wilfully guilty of a crime for which he was
separated from his wife and did not maintain her, and his
conduct was conducive to the adultery committed, of which
he had little or no right to complain, but his lordship would
not dissent from the opinions already delivered.
Their Lordships decreed divorce against the wife, with
costs against the co-respondent.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Evans.)

IN RE RACOLD.
This bankrupt was described as a tailor of Leadenhall-
street, and came up for his certificate. The debts are stated
at £1,500 ; to creditors wholly 'secured, £1,750 ;' assets—
good debts £3,215, doubtful £26; property in the hands of
creditors £1,700. The balance-sheet, commencing July,
1857, shows a deficiency of £969.

There was no opposition, and his honour granted an
immediate certificate of the second class,

TRADER-DEBTORS SUMMONSES

Mr. Columbine appeared for the defendant, in a case in
which his client had been summoned, and put in an affidavit
that he had a good defence to the action. In fact, the claim
was wholly unfounded. Defendant was a respectable
licensed victualler, in a most extensive way of business,
perfectly well able to meeet all claims upon him.
His Honour having read the affidavits, said that he would
not allow any proceedings on the point, as an action had
been brought, nor would he allow costs until the result was
known.

CRIMINAL COURT.-(THIS DAl'.)

OLD COURT.

Before Mr. Justice Crompton. and Mr. Baron Bramwell.)

THE RICHMOND MURDER-DR. SMETHURST.

This morning Dr. Thomas Smethurst was placed in the

dock, and indicted upon the charge of having murdered
Isabella Bankes, at Richmond. He is a man of gentle-
manly appearance, having a lightish brown moustache.
He was dressed in black.

When asked to plead, he said not guilty.
Sergeant Ballantine, who appeared for the prosecution,
said an affidavit was put in yesterday containing grounds
on which the Court was asked to postpone the trial.
This affidavit—made by Mx. Teesdale, the solicitor of the
prosecution—stated that he had been necessarily engaged
since the inquiries which had been held before the magi-
strates and the coroner, in preparing this case for trial.
That, in addition to the case which was already made out,
it would be necessary to prove something about some
property of which the deceased was possessed, which
came to her from
_her gran a c•n-}..r,

had been lent out on mortgage, and also about some pro-
perty from her uncle. Ho stated that he was unprepared
with this evidence, but he had every reason to belieVe
that he should be ready with it by the next session of
the Court. He had not been able to prepare briefs
for counsel, and there were thirty witnesses whose
proofs he had not yet been able to lay before counsel. He
considered that it was absolutely necessary for the ends of
justice, and due to the painful and intricate circumstances
of the case, that further time should be given to develop the
whole of the evidence which he firmly believed could be
brought for the prosecution.
Sergeant Ballantine said that, in addition to the state
ments in the affidavit, he knew that the circumstances—
Mr. Justice Crompton—l think we ought to attend to
the affidavit alone, and not be guided by what counsel
may say on the point. Is there any affidavit on the other
side ? '

Mr. Sergeant Parry, who appeared for the prisoner,
said there was not, as he did not conceive that there
was any case to answer. His client was most anxious
to be tried, • and he had a right to be tried unless suffi-
cient ground was shown to the contrary. In the affidavit
it appeared that the prisoner was committed by the magis-
trates on the 20th of May, and that the verdict of the
coroner's jury was found on the 31st of May. Mr. Teesdale
stated that he had attended with counsel at each of the ex-
aminations, and therefore had had a full opportunity of
becoming acquainted with the evidence. The committal by
the magistrates was the most important step, and that from
which the proceedings of those who eonducted the prosecu-
tion should date. No doubt had they asked for a further
remand by the magistrates they would have got it, but they
completed their case on the 20th of May. Sergeant Bal-
lantine and Mr. Teesdale were at all the examinations, and
the matter should have been ripe for trial on the 16th
of June. Mr. Teesdale, in his affidavit, did not give the
name of a single witness whose evidence was essential
to the prosecutor, who was not now ready, nor did he show
any necessity for postponement, except by vague statements
that he had made every exertion. But that would be a most
dangerous plea incases of this kind. On such trivial grounds
as this their lordships would not postpone an ordinary
case at Nisi Prius unless the names of witnesses were given,
and unless it was explicitly stated what had been done to
secure their attendance and their evidence, or why their
attendance and their evidence were not forthcom-
ing. All he stated was, there were certain formal
matters which it would be necessary to prove. He did
not state what those matters were, or whether the
deeds connected with them were at Manchester or York. He
asked their lordships most respectfully whether they could
conceive of any formal matter that could render it neces-
sary to postpone this 'trial. He could not help thinking,
that if any formalities were necessary, the prosecution
must have been guilty of a ladies in not having completed
them between the 20th of May and the 16th of June.
Then there was another statement of a most dangerous
character, which he trusted their lordships would not
encourage, that it was abSolutely necessary for the
ends of justice that the prosecution should have more
time to develop the evidence. What was the meaning
of developing the evidence ? He knew the meaning
of the word of course, but he ,could not attach any
legal meaning to it. His client urgently desired to be
tried, and he trusted that their lordships would look upon
this affidavit as too vague to induce them to postpone the
trial.

Mr. Sergeant Ballantine urged that as no affidavit had
been put in on the other side, there really was no opposi-
tion to the postponement. It was the clear duty of the
attorney for the prosecutor to bring forward all the evi-
dence he could obtain for the guidance of the counsel.
Mr. Justice Crompton, after consulting with Mr.
Baron Bramwell, said the affidavit disclosed grounds
upon which the trial should not be proceeded with
directly. Perhaps it would be advisable to postpone the
trial until the first day of next session. He had heard from
Mr. Straight, the Clerk of the -Arraigns, that that would
suit the convenience of all at the Old Bailey.
Sergeant Parry inquired whether their lordships would
object to the trial proceeding on Monday next.
Mr. Justice Crompton said that would be too soon.
Public justice demanded that such a case should be fully
investigated. Monday, July 4, would be the day.
Sergeant Parry—That would be granting the application
in full.

Mr. Justice Crompton—Yes, that was so. The trial
would proceed on the morning of Monday, July 4, subject
to the convenience of the Lord Chief Justice.
Mr. Sergeant Ballantine—Which Chief Justice—of the
Queen's Bench or of the Common Pleas ?
Mr. Justice Crompton—l really don't know which.
(Laughter.)

The trial was then postponed until Monday, July the 4th

CHARGE OF MURDER.
Samuel Adams, shoemaker, 3a, Was indicted for the
wil-
ful murder of Martha Christmas Page, in the parish of
llornsey.

Mr. Bodkin conducted the prosecution, and. Mr. Sleigh
defended the prisoner.
The learned counsel, having stated the case to the jury,
called

Mrs. Elizabeth Reynolds, who said—l resided in the
Neckinger-road, Bermondsey. On the sth of May I was
at No. 2, Howard-road, Kingsland. My daughter was
with me. We were going to Abney-park Cemetery, On

that day I saw Martha Page. She was a servant at No. 2,
Howard-road. She was going a short distance to show
us the way. Just before we were going to start there came
a knock at the door. Martha Page went to open it. When
I was leaving the house I saw the prisoner standing at the
door talking to the deceased. Page had been stending at
the door about ten minutes before I went out. I asked the
prisoner to allow Martha to show us to the cemetery. I
don't recollect that he made any answer. Martha Page then
left me and my daughter, and shut the door after, her. After
we had gone a short distande the prisoner came up and
spoke to us. He said, " Will you tell Me where she is F"
The deceased said, "No ; I will not." He made a
step forward and drew a knife from his breast
pocket' with his right hand, and then made a thrust
at the lower part of her person. He struck at her
three times.- She immediately screamed out " Oh, he's
stabbed me." The prisoner used some very bad expres-
sions-at the time about his wife and sister. Page was un-
able to proceed from exhaustion. A conveyance was pro- I
cured, and she was taken,to the German Hospital, Dalston.
When she was undressed, I saw a wound in the groin. It
was in the same place as I saw the prisoner strike the
deceased. The prisoner was taken into custody immediately
after he had stabbed Page.
Cross-examined—l don't know what the prisoner was
saying to the decased. I could scarcely hear them
talking. I never heaid him use the words "my
wife." When he spoke 'to Page in the road, I
then heard him ask about his wife, but only once.
It was not in a beseeching tone. I should not imagine from
the manner in which the prisoner spoke that he was over-
anxious. She spoke kindly to him in reply. He never said,
after he had stabbed her, " I begged of you to tell me where
my wife was." He said something about his wife keeping
a house of ill fame. When he struck the woman he was
calm and collected. I perceived no signs of passion. He
was not the least excited by drink.
Elizabeth Jane Reynolds, daughter of the last witness,
was next examined. She confirmed in every particular the
evidence of her mother.
Mr. Edward Cartwright said—l reside at 3, Howard-
road, next to the house in which the deceased was stopping.
On the sth of May I was standing in my shop. I saw the
prisoner talking to some person at No. 2. He remained
talking about ten minutes. I heard him swear at• the person
towhom he was talking, and ask where his wife was. In about
ten minutes after I saw Mrs. Reynolds, her daughter, and
Martha leave the house,and cross the road,prisoner following.
After they had gone about 20 yards from No. 2, I saw the
prisoner advance to, and strike three times at the deceased.
She screamed out, and said he had stabbed her. I then
ran up. The prisoner began to curse and swear, and said
his wife had been taken away to keep a bad house. A
policeman came up and took him into custody.
Mrs. Scovill—l reside at Mary-street, Hoxton. The
prisoner is the landlord of the house. His wife lived with
him until a week before this affair happened. They sepa-
rated through drink. I saw him leave the house on the
morning of the melancholy occurrence. I saw him shar-
pening a knife. After he had done so I saw him put a
cork on the point of the knife, and then put it
in his pocket. Before he left home he' asked
me if I had seen his wife. I said no, but I had seen his
wife's sister (the deceased). He asked what she had to say
for herself. I said nothing particular; but she said his
wife would never return. He said he would look for his
wife, and if he found her he would lay her a corpse. He
said if he met Martha Page and she said two words to him
he would "rip her up." begged of him not to do so, as he
would be hanged. He said he would rather be hanged
than live as he was living. He did not do any work that
morning

Cross-examined—I never knew him go out to work. I He
always worked at home. I have blown him to go out to
buy leather, but I never knew him to take his knife with
him. He sharpened his knife upon the ordinary rubber.
He.might have carried the knife about with him, but I don't
know that he did. When sober he was very kind to his
wife. I never knew the prisoner had received any injury
on his head. He used to blame Page for his wife leav-
ing him.

This closed the case for the prosecution.
After Mr. Sleigh had addressed the 'jury for the
prisoner,

The learned Judge summed up, and the jury returned a
verdict of Guilty.

Proclamation for silence having been made,
Mr. Justice Crompton, put on the black cap, and, addres-
sing the prisoner, saiff—Samuel Adams, the jury have,
after a very patient trial, found you guilty of the crime
of murder, and I am bound to say I entirely agree with
that verdict. I could not for an instant imagine any other
' result could have been arrived at. This is another instance
of the fatal effects of indulging in drink, for in your sober
moments you appear to have been a well conducted man.
Nothing like provocation was given by the unfortu-
nate woman, yet you hastily sent her to her
eternal account. The law is more merciful to
you as it allows you time :to repent, and I eittnestlY.
implore you to avail yotirsaf of ft....Nothing further
t to pass upon you the dreadful sentence
of the law, which is, that you be taken from hence to the •
place from whence you came, and from thence to the
place of execution, and that you there be hanged
by the neck until you are dead, and your body afterwards
be buried within the precincts of the prison, and may the
Lord God Almighty have mercy upon your soul.
The prisoner throughout the whole of the proceedings
manifested the utmost unconcern.

POLICE INTELLIGENCE,(T_HIS Day:

MARLBOROUGH-STREET.

- .
ROBBERY AT A SILVERSMITH'S.—Joseph Hill, of 21,
Pitt-street, a journeyman silversmith, in the employ of
Mr. Emmanuel, silversmith, of Hanover-square, was
charged with stealing two unfinished silver spoons, the
property of his employer. •

Mr. Edward Lewis, of Great Marlborough-street, ap-
peared for the prosecution.

Mr. Francis Higgins, in the employ of Mr. Henry
Emmanuel, of Hanover-square, said the prisoner had been
in prosecutor's employ for about five months. He had not
seen the spoons produced, which were the property of his
employer, for six weeks, and about three weeks ago they
were missed from a box in the workshop in Riding-house-
street, near the part of the shop where the prisoner was at
work. In consequence of a communication he gave the
prisoner into custody.
Mr. George Seymour Chapman, pawnbroker, of London-
street, Fitzroy-square, said that on Tuesday prisoner offered
the spoons, bent double at the time, for sale. Thinking
they were not silver, he returned them to him. The as-
sistant put some questions to him, and he said he was a
journeyman silversmith. He took them in to show his
father, in consequence of seeing that they were new, and
when he came back the prisoner was gone., He had told
his foreman that he had bought them for ss. His father
then gave information to the police.
Prisoner said the witnesses were all mistaken, and that
spoons of the description of those produced were kept in
another place.

Mr. Bingham said he seemed to know well where they
were kept.

Lambert, 68 G, asked for a remand, which was granted.

THAMES.

PLUNDERING LUGGAGE FROM INDlA.—David Adams,
aged 49, a dock labourer, was brought before Mr. Yardley,
on remand charged with stealing a valuable diamond ring,
a pair of gold-mounted spectacles in a green case, and a
quantity of gold coins, the property of Mrs. Barbara `Vile
son Morant, a widow lady, residing at Rodmishara Lodge,
near Sittingbourne, Kent; and Susan Bruson, a fat, vulgar,
and dissipated-looking woman, for many years a thief and
brothel keeper, of No. 24, John's-place, Baker-street, Step-
ney, was also brought up on remand charged with feloni-
ously receiving the property well knowing it to be stolen.
The facts of this case are somewhat singular. On 17th
May last the female prisoner offered in pawn to Mr. Red-
fearn, a pawnbroker, of 7, Cannon-street, St. George. in-the-
East, a pair of gold-mounted spectacles in a green case.
She asked for a loan upon the spectacles, the value of
which was stated by Mr. Redfearn to be at least £4. The
prisoner could not describe the value or know what sum to
ask as a loan upon them. The prisoner said the spectacles
belonged to her husband who was a searcher or labourer
in the docks, and that he had had them for some time. Mr.
Redfearn was not satisfied with the woman's account, and
, he detained the spectacles and handed them over to the
police. The robbery, of which the spectacles were partly
the produce, was not discovered until several weeks after-
wards. It appeared that Mrs. Morant was the widow of
an English clergyman who died in the East Indies, where
she had been staying for twenty years with him. Soon
after the lamented death of her husband Mrs. Morant pre-
pared to return to her native country, and in May, 1858, she
packed up her luggage and consigned it to her agent in Eng-
land. Mrs. Morant came overland to this country, and her
luggage did not arrive here until September last, and it was
landed from the ship Hydaspes, in the Victoria Dock. There
were 15 packages. A few days since Mrs. Morant, on exa-
mining her late husband's luggage, missed his gold-
mounted spectacles, a diamond ring, and a quantity of gold
coins. Information was given to the police, and upon the
spectacles which Mrs. Bruson offered in pawn being shown
to her she immediately identified them as her property
which she had packed among her luggage in India 13
months ago. On the prisoner being taken into custody on
the Bth inst. by Police-sergeant Stimpson, 21 K, she said
that the spectacles had been given to her by a sailor who
had been staying in her house four days, and who had no
money. Stimpson added that the prisoners had cohabited
together as man and wife for many years, and that he
knew them both for a considerable time. Ho had
taken thieves out of their house, and many robberies had
been committed in it. On Thursday last he found the
male prisoner at work in the Victoria Dock, Plaistow. On
making him acquainted with the charge, Adams said he
knew nothing at all about the robbery. He then asked
Adams where he lived, to which he replied, in John's-
place, and that he had cohabited with Bruson many years.
Evidence was given that when Mrs. Morant's luggage
was landed from the Hydaspes the packages were opened
and examined by the Customs' officers in the usual manner,
and afterwards repacked by the Dock Company's men.
The prisoner Adams was one of the men who assisted in

re-packing the goods, and had an opportunity of stealing
the articles and coins missing.
Stimpson said there were two former convictions against
Bruson for felony.

Mr. Yardley committed the prisoner for trial, and
directed Stimpson to produce evidence of the former con-
victions when they were tried.

THIRD EDITION.

SUN OFFICE, &e'en o'clock.

ASCOT RACES.-(THIS DAY.)

Kinnersley .
Odd Trick ..
Commodore .

Fisherman .
Saunterer...

Tournament

(BY ELECTRIC TELEGRAYII.)
VISITORS' PLATE.

Eleven ran.
GOLD CUP.

1

Five ran.
STAND PLATE.
Dead heat with Fright and Wild Rose.
Seven ran.
NEW STAKES.

Rupee .....
Thormanby
Contadina .

Twenty ran,

MANCHESTER .RACES-(THIS DAY.)

(BY ELECTRIC TELEGRAPH.)
CHESTERFIELD HANDICAP.
Jack Spring
Knockburn

Eight ran.

TWO-1-EAR-OLD STAKES,

Trovatore.
Birdcage .

Eight ran.
TRADESMEN'S CIIP
Little Agnes
Heir-at-Law

Six ran.
Underhand was scratched at 1.30 this day,

EXTRA ORDINARY ROBBERY OF £4OO.

One of the most extraordinary and at the same time
daring robberies that has occurred has come under the no-
tice of the inhabitants of Plaistow and Stratford ; and the
facts adduced as evidence against a person now in castody
are most novel. An old lady named Martindale, who is
above one hundred years of age, occupied a house
(with her two daughters aged sixty and seventy)
in the Plaistow Broadway. Another daughter named
Sutton, also 70, lives at No. 20, High-street, Hoxton.
Mrs. Sutton, having been a sufferer on two occasions from
the visits of thieves who must have known she kept large
sums of money in her house, entrusted her mother with a
cashbox containing £4OO in notes and gold, some silver
spoons, and the probate of her husband's will. This she
did because her mother never left the house, and also be-
cause she imagined that no one would believe Mrs. Martin-
dale kept such an amount in her house. Some few days
ago one of the daughters, who is paralysed and half
blind, was sitting by the parlour window about half-past
six in the evening, and she observed a figure dressed in a
gown, and with a shawl thrown over its head, enter the
apartment. This figure went to the drawers, and taking
out something left the room, closing the door, which before
was open. When the other daughter came in she was told
of the fact, and seeing a bonnet and shawl in the passage
exclaimed that a man had been there. Upon making fur-
ther search, the loss of Mrs. Sutton's cash box,
and its contents was announced, to the dismay
of the poor old woman, who was half mad at the ill news
Now the person in c ustody, named Hagerbotham, who is a
nephew of Mrs. Sut ton, was positively sworn to, by these
witnesses living nea r the snot of the depredations, as being
the person who entered the house about the time mentioned
by the afflicted daughter. One of these witnesses declared
that she saw the prim ener enter the house about half-past
five and leave about; half-past six. One of the daughters
missed a sum of £5 from her bed-room, from which the
gause shawl had be a n so unceremoniously borrowed by the
thief or thieves.

Before the last ex; urination Mr. Beard, who attended for
the prosecution, asked for a remand that the depositions of
the afflicted daughter might be taken.
Mr.' Soloman, ,for the prisoner, urged that the evidence
was purely circumE ttantial, and objected, to any further re.
mand, but the mag ist rate (Capt. I'ellatt) said it was a case
of too great importance, and a robbery of too extensive a
character to be hur; led over, and he should grant the re-
mand.--Bail refuse( L.

Sutton was, in court, and was much excited at the
loss, this being the third time she has been plundered of a
large sum. The xi( rtes are stopped at the Bank of EnglaL d
and strenuous exer dons are being made to trace them. At
least £l7O of the £4 00 was in gold.