The Sun.
London, England, 1861-12-17 00:00:00

"Yw--i.

I"HE SUN, LONDON, TUESDAY EVENING, DEC E VIBE R 1 17, 1861.

FINSI3UI P _ELECTION.

711 E. WIT D 112131 CASE—(2his Day).

OFFICIAL DECLARATIDN OF THE POLL.

COMMISSION OF LUNACY.

The official declaration of the numbers polled by the
candidates for representation of tie borough of Finsbury in
Parliament took place this morning at the hustings, Clerk-
enwell-gr e en.

At twelve o'clock the Returning Officer made his appear-
ance, and declared the numbers t. be—
Cox
Mills

Majority for C0x..... 42
The announcement was received with great cheering by
the friends of Mr. Cox.

Mr. Cox then presented himself, and was received in a
very enthusiastic manner. He said he really could not find
words to express himself in adequate terms for the handsome
manner in which he had been seleted to represent Fins-
bury iu Parliament. He looked upon himself as the mere
instrument of the will and pleasure of the electors. He
had thrown himself into the gap when there appeared no
chance of success, and yet the electors had worked out a
glorious victory entirely unaided. (Cheers.) He begged
them for a moment to look at the position in which matters
stood at eight o'clock yesterday morning. His opponent
had the benefit of an active and energetic Parlia men tary agent
—a complete organization which bad taken three weeks to
perfect, cabs, committee •rooms without number, paid can-
vassers, and, to back all, an unlimited sum of money for
disposal. (Cries of "Honour to Finsbury.") During the
three weeks he had spoken of, Mr. Mills's agents had waited
upon nearly 500 of his (Mr. Cox's) s•ipporters and solicited
their interest, and they, believing it was not his intention
to come forward, had promised Mr. Mills their votes ; and
if the majority for him was not so large as could be desired,
if they took the 500 votes from Mr. Mil's and added them
to:those polled for him, they would, instead of a majority
of 42, have one of 1,042. (Cries of " That's
right, that's right.") Now, how had he met the organisa-
tion be had spoken off ? He had had no staff, no committee
rooms, no vehicles—all the world to nothing—(cheers)—
nothing but the support of the free and independent electors,
and nobly had they performed their duty. (Cheers.) They
knew they had rights, and they were determined to main-
tain them. He assured them, honestly and truthfully, that
he had not spent one single shilling more than the actual
legal expenses. (Cheers.) The electors had achieved the
victory all themselves, and he did not know sufficiently
how to thank them. He regretted his hon. opponent was
not down there—(a cry, " He's looking for the
money bag he lost yesterday")—and ho regretted
his absence, because he was anxious to tender him his
thanks, and to acknowledge how courteously and gentle-
manly the contest had ban conducted—(cheers)—and he
trusted that all future elections would be conducted in the
same peaceable manner. (Cheers.) In the House of Com-
mons it would be his duty to represent the minority that
had not voted for him, as well as the majority that had, and
he assured them that it would be his constant and unceas-
ing thought how he could further and benefit the inte-
rests of all. (Cheers.) With these few observations he
begged most heartily to thank them for the distinguished
honour they had conferred upon him.
A vote of thanks to the returning officer concluded the
proceedings.

The case was proceeding when we went to press.

LA TV INTELLIGENCE—(This Day.)

CRIMINAL COURT.-(THIS DAY).

OLD COURT.
(Before the Recorder.)
STABBING -WITH INTENT, &C.

A lad named Spaule was indicted for stabbing George
Wigg with intent, &c.
Mr. Honey prosecuted, and Mr. Lewis defended the
prisoner.

ROLLS COURT.
(Before Sir John Romily, Master of the Rolls.)

The evidence of the prosecutor was to the effect that the
prisoner and the prosecutor were engaged at the shoemaking
at a 'lace at Ilford, when, on the 12th of December, a
quarrel took place between himself and another boy. The
prisoner occupied the next seat to Wigg, and as he (Wigg)
was trying to put the boy down with whom he had
been quarrelling, Spaule stabbed him in the lower part
of his body with the knife he was using in his work.
A little boy, named Smith, stated that he saw Spaule with
the knife in his hand, but he could not say whether there
had been any quarrelling with Spaule before Wigg was
stabbed. All he could say was that as Spaule was getting
up he saw the knife very near the lower part of Wigg's
body. After some time Wigg came into the shop, and he
saw blood flowing down his leg.
The surgeon to whom Wigg went for assistance said the
wound was of a trivial description.
Tho Recorder said the question the jury had to deter-
mine was whether there had been an unlawful wounding,
or whether the injury had been the result of accident.

ASSOCIATION.

The jury found the prisoner guilty of unlawfully wound-
ing, but strongly recommended him to mercy.
The prosecutor said he was induced to give the prisoner
into custody because he had on other occasions threatened
him, and he thought that if he was warned in time he
would mend his bad ways for the future.
The Recorder told the prisoner that as he had been row
commended to mercy both by the jury and the prosecutor
he should pass a very lenient sentence on him ; but in the
event of a second offence of the same description being com-
mitted he would be very severely punished. The learned
judge then sentenced the boy to one month's imprisonment
with hard labour.

POLICE .INTELLIGENCE.—(This Day.)

MARLBOROUGH-STREET.

OMNIBUS ROBBERY—A LADY THIEF.—EIIen Laurence,
a respectably-attired female, was charged before Mr. Mans-
field with robbing Elizabeth Southgate, of West-road,
Forest-hill, Sydenham, while in an omnibus.
Mr. Edward Lewis,. Of Great Marlborough-street, ap-
peared for tho prisoner.

From the evidence of the prosecutrix, a governess, it ap-
peared that she got into a Waterloo omnibus at Camber-
well-gate, and after she got past the Itegenttircus, the
prisoner sitting next her, she found her pocket hiAging out,
it having been cut: The prisoner when she g'ot into the
omnibus did not sit near her, but afterwards got
close to her. Her purse was left open in her pocket,
but all her money, £2 35., gone. She then-opoko to
the conductor, and the prisoner was given in charge.
While on the way At the station prisoner called her " Ny
dear" several time and offer her several things if she
would not press the charge, such as her watch, and a ling
(she was wearing five at the time).
Mr. Lewis cross-examined the prosecutrix with the view
of showing that some other females left the omnibus, but
the prosecutrix said her purse was safe after they left, and
not open.

Tho conductor of the omnibus said—On the omnibus
arriving at Camden-town, prisoner was eager in pointing
out money lying on the floor of the omnibus among the

straw.

Weston, 171 S, proved finding some money at the botinm
of the omnibus, and said the prisoner offered her gold
watch and all her money, saying if she was locked up it
would be the death of her, as she had two children ; then
put some money in his hand, and stated that if the lady
settled it with her she would give him a half sovereign
more. Prisoner declined to give her address.
The depositions having been read over, the prisoner (who
has before been committed of a robbery in an omnibus),
after an able address from Mr. Lewis, was committed for
trial.

THIS DAY'S MARKETS.

HAY MARKETS.

SMITHFIELD.—Meadow hay, £2 to £5 ; clover, £3 10s
to £6 Os Od ; and straw, £1 8s to £1 16s Od per load.
Both hay and straw sold slowly, at late rates.
CUMBERLAND.--Meadow hay, £2 Os to £5 Os; clover
do., £3 lOs to £6 Os; and straw, £1 8s to £1 16s per load.
Trade inactive.

WHITECHAPEL.—Meadow hay, £2 Os to £5 Os; dove?,
£3 108 to £6 Os Od ; and straw, £1 8s to £1 15s per load.
A slow demand.

COLONIAL.
TEA—The market has continued very quiet, and prices
have exhibited no change of importance.
SUGAR—For refining descriptions there has been a better
demand, and late rates are well supported.
COFFEE—The operations have boon on the most limited
scale, but colonial descriptions have fully supported pre-
vious prices. The stocks on hand, compared with those
of the same period of last year, show an increase of 1,635
tons.

RlCE—There has been some inquiry for East Indian,
but few sales have been effected, and quotations are un •
altered.

SALTPETRE—The market has remained very inactive,
and no business of importance has been recorded.
TALLOW—In consequence of the advices from New
York a firmer tone has prevailed in the tallow market.
P.Y.C. on the spot is quoted 61. s 9d to 625, and spring de-
livery 52s fid to 53s 6d per cwt.

HIS ROYAL HIGHNESS PRINCE LEOPOLD.—
Colonel W. H. F. Cavendish, Groom in Waiting to the
Queen, leaves for Cannes immediately to take charge of
the Prince in the place of General Sir Edward Bowater,
whose death we announced yesterday.
THE KING OF THE BELGIANS.--We learn from
good authority that the King of the Belgians will shortly
arrive on a visit of condolence to the Queen. His Majesty
on embarking at Ostend will go direct to Osborne.
THE KING OF HANOVER.—His Majesty is ex-
pected to arrive in London in a few days from Hanover.
His Excellency Count Kielmansegge is expected at the
Hanoverian Legation to-morrow, in order to welcome the
King, who will reside at the legation during his sojourn
in this country.

Lady Marian Alford's party at Ashbridge Castle,
Herts, to meet their Royal Highnesses the Duchess of
Cambridge and the Princess Mary, which was to have as-
sembled yesterday, has been put off altogether, by the
lamented death of the Prince Consort.

The Earl and Countess of Hardwicke's intended
grand party at Wimpole Hall, Cambridgeshire, has been
countermanded, owing to the death of the Prince Consort

(Before Samuel Warren, Esq., Q.C., Master in Lunacy.)
The special jury, of whom Sir George Armitage, Bart.,
is foreman, were in their places at eleven o'clock, and the
inquiry was resumed.

The Rev. H. J. Cheales, who was examined in chief yes-
terday afternoon, was cross-examined by Sir H. Cairns on
behalf of the alleged lunatic. He said he was engaged by
Mr. Balaton to act as private tutcr to Mr. W. F. Windham.
Mr. Balaton engaged him on behalf of his mother (Lady
Sophia). He was first engaged as his tutor at Eton on the
27th of April, 1857. Mr. Windham had been at Eton
about half a year before that time. He had been doing Caesar,
Ovid, lEsop, &c. He remained in the fourth form, having
missed his remove. There were very seldom boys of 14 or 15
in the fourth form. Occasionally there were. He complained
to his mother about her son's dirty habits, and she said, "You
must try and cure them." He could not remember what
Mr. Windham said to him when he remonstrated with him
about his gluttony. Usually he did nothing more than grin
when he was remonstrated with. He had heard persons of
unsound mind laugh, and he compared such a laugh with
Mr. Windham's laugh. Laughter would seize him like a
fit, ho would dance about the room, and laugh wildly. He
never reported Mr. II indham to the head master for acts of
untruthfulness, He reported him to Mr. Balaton on ac-
count of the noises he made Mr. Balstou reported him to
the head master, and ho was flogged for it. Other boys were
occasionally flogged at Eton. He should not be surf. riser]
at a boy contracting habits of swearing if his father was in
the habit of indulging in such expressions. He saw Mr.
Windham (the father) when he went with the son to Fell-
bryg, and dined with him every day. He never heard him
use profane language, or get into a passion. Ho did not
think there was anything in a desire to drive a railway en-
gine, taken by itself, as indicative of mental unsoundness.
Mr. Windham would ride very fast with a loose rein over
rough ground. Witness rode with him, and did not dislike
the pace. (Laughter.) He did not ask Mr. 'Windham for
any explanation of the occurrence at Torquay when he
seized the gentleman by the whiskers. His mother was in
the room at the time, and witness told her that he was dis-
satisfied with his pupil's conduct. Mr. Windham was very
extravagant in money matters. He got into debt. He ran
up a bill of 189. at the pastrycook's. (Laughter).
The Master—That is not a very uncommon occurrence at
Eton, is it? Mr. Cheales—Oh, no.

Tne Rev. Edward Hale, Mathematical Master at Eton,
in his cross-examination said—There might be bullying at
Eton, but ho did not think Windham was bullied.

The Master—You have been a master at Eton nearly 12
years, and have seen many hundreds of boys. Have you
seen any boy like Windhnm in his general characteristics ?
Mr. Hale—Never one so bad mentally, or so odd in his
habits.

A Juryman—How was he treated by the other boys ?
Mr. Hale—He was treated as a buffoon, and was the butt
of the school. He was called " Mad Windham."

COURT OF COMMON PLEAS.
(Before Mr. Justice Keating.)
'WILLIAMS V. WARDE.
The jury in this case (the facts of which will be found in
another column), gave a verdict for the plaintiff, assessing
the damages, which hal been laid at £5OO, at 405., each
party to pay their own costs.

IN RE THE NATIONAL ASSURANCE AND INVESTMENT

This being the clay appointed by his honour on the ap-
plication of the official manager for the winding up the
affairs of the association, and for the examination of the
directors, the court was crowded with persons interested in
the case.

Mr. Selwyn, Q.C., represented the official manager, Mr.
Rolt, Q.C., Mr. Jessell, Mr. Giffard, and several other
learned gentlemen represented other parties interested.
Mr. Selwyn said what he proposed was, in the first in-
stance, as they could not find the only person who could
have given the best information, the managing director,
`Mr. Morrison, to call the chairman of the directors. They
had tried and made every effort to find Mr. Morrison, but
without effect. He then called,
Lord Keane, who deposed—l was elected a director of
the association in 1852, and afterwards became chairman in
May, 1857. The deed put in is the deed of the settlement
of the aompany, and was signed by me. lam not aware of
any other deed, it is the book referred to in the Minute
Book. I find an entry in the Minute Book, in which A 500
capital stock was allotted to the bank, but it was without
my consent; I did not pay for it. I believe that other
directors had capital stock allotted to them. The way
in which it was paid for was, as I understand, the
amount was borrowed as a loan of the association, and
then he was debited with the dividends on the stock,
and credit given on the other side for interest on
the loan; the same course was adopted with respect to the
other directors. The directors were paid two guineas for
each attendance, and the chairman three guineas. The
same amount was paid for attendance on committees. I
believe the first time of my attendance as a director was on
the 15th of Feb., 1853.
Mr. Selwyn—l find an entry in the minute book of the
22d of February at a'meeting of directors at which you were
present, a proposal by Lord George Paget for the surrender
of an annuity on the life of Mr. Jos. Macartey for £3,000.
Lord Keane—l believe there was such a proposal.
Mr. Selwyn—Mr. Macartey was instrumental in getting
up the association, and had received a policy of insurance
on his life for £2,500 and an annuity of £2OO for his ser-
vices.

Lord Keane—l know nothing of that of my own know-
[edge, it was before I had anything to do with the associa-
tion.

Mr. Selwyn—Can you give any explanation of the entry
on the 22d of Feb.: 1853, of the proposal of Lord G. Paget
for a surrender of the annuity to Mr. Macarte for the sum
of £3,000, and for which £3OO had been paid a :short time
before, Lord George being himself the claairman at the
meeting,

Lord Keane—l cannot give any explanation of that
.ransaction.

Mr. Selwyn—l understand that Lord George Paget ex-
pects he shall be examined to-morrow, and that he would
give every explanation.

Examination of Lord Keane continued—l attended very
frequently the meetings of the directors, all proposals wore
brought before the board by Mr. Peter Morrison, the manag-
ing airector, who certified their correctness. The circular
produced he had seen before, he know that resolutions were
passed for the insertion of advertisements in the daily and
London papers of the association, in which it was stated
that interest would be paid at the rate of per cent. on all
deposits, out of the profits. I was a member of the finance
committee, and signed the books certifying the accounts
were correct. I was not aware that in Dec:, 1853, the assist-
ant was insolvent. I only knew it from Mr. Harding's re-
port. lam not aware that any investigation was gone into
by the directors to ascertain the financial state of the associa-
tion. In March, 1853, ho mado a proposal for a policy on his
own life for £999, which was granted. There was a proposal
for the allotment of £5OO capital stock to Lord Temple-
more. There were also allotments of £5OO stock to Mr.
IV. L. Fetter, Major Adair, Mr. Hobhouse, and Mr. Wills,
they were entered and debitted and paid for by loans, as in
other cases. Could not recollect the proposition for a con-
version of the capital stock into 2,000 shares of £4O each.
He knew nothing of any bye-laws nor saw any, the adver-
tisements and the almanack were the work of Mr. Morison.
The witness was then examined at considerable length as
to various entries into the minute-book of the meetings of
directors, but he could not give any satisfactory explana-
tions of the entries as a member of the Finance Committee.
(Tho case was proceeding when we went to press.)