The Sun.
London, England, 1859-08-05 00:00:00

THE SUN, LONDON, FBIDAY EVENING, AUGUST 5, 1859.

ANIVELL COLLEGE SCHOOL, Middlesex'.
L Principal—The Rev. J. A. EMERTON, D.D.

PURSUANT to a Decree of the High Court of
Chancery, made in a cause " Parsons against Peters,"
the Creditors of JOHN WESTON PETERS, late of Bridge-
house, South Petherton, in the county of Somerset, gentle-
man, who died in or about the month of July, 1859, are, by
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peremptorily excluded from the benefit of the said Decree.
Monday, the 7th day of November, 1859, at One o'Clock in
the afternoon, at the said Chambers, is appointed for hearing
and adjudicating upon the claims.
Dated this 15th day of July, CHAS. PUGH, Chief Clerk.
W. HARRIS, 5, Stone-buildings, Lincoln's-inn,
Agent for ROBERT LOWMAN of Crewkerne,
Somersetshire, Plaintiff 'a solicitor.

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London, W.C.

THE AUSTRIAN ARMY IN ITALY.

(From the Correspondent of the Times.)
Field-Marshal Count Schlick, once, on a visit to
Englanzi, having heard much in military circles of
the discipline of the Guards, proceeded to Hyde-
park to see them drilled. The men went through
their exercise admirably, and Count Seblick ex-
pressed in appropriate terms the pleasure he felt at
the precision of their movements. One thing, he
confessed, excited his wonder. There s but one
officer present, and the parade was directed by a
sergeant-major with a walking-stick. " Howe"
said Could Bchlick, " can an army produce Gene-
rals when the officers of a crack corps are absent
from drill, and the men are commanded by a man
with a walking-stick ?In Austria officers of every
grade go through the same fatigues as the men
they command. Whether in peace or in war, the
private and the subaltern, the captain and the
colonel, rise at the regulation hour and take part
in the duties of the day. They are initiated
from the first to the simplest forms of exercise
and the most complicated evolutions of masses."
The natural inference from remarks such as
these is, that Austria has excellent Generals as
well as first-rate subalterns in her armies. But
the campaign suddenly terminated by the peace
of Villafranca has practically demonstrated
that the Austrian armies had no leaders worthy the
name. Their vaunted experience has invariably
led to defeat. To what cause can this result be
assigned ? The Austrian army had the reputation
of being the best drilled and disciplined and the
most admirably organised army in the world. The
Staff was a specially instructed Staff, intimately
acquainted with all the duties of the field. Its
materiel was perfect. From the smallest cooking-
pot to the largest transport waggon everything
was in order. It could be ascertained with mathe-
matical precision where the regimental farrier
would stand in the lines of a camp, where the
smallest baggage-waggon would be placed. How
came it that an instrument so perfect worked so ill ?
Various causes combined to produce this result.
We have had complaints of favouritsm in the Eng-
lish army ; but in Austria the system is carried to
a point unknown in this country. The right man
is never in the right place.
There is a story current in Austrian circles not
complimentary to the noblesse of that country, but
which indicates a truth that no one will feel inclined
to disbelieve. An officer, discussing Count Cavour's
policy, and dilating for the benefit of his hearers
upon the horrors of the " Constitutionschwindel,"
exclaimed, "Let these principles but gain a little
more ground among us, and the heads of our
noblesse are not worth a day's purchase." " You
forget," cried a wag, " that the Austrian noblesse
have no heads." The joke is, unfortunately, true.
The Austrian noble is of a peculiar type. He is
brave as a lion, almost always a soldier, car it ne
faut pas deroger. The Palffys, Schwarzenbergs,
wstihlol thele adPatlhffeys a, Srmchie wsar ozfenthbeer gAso,
and Lichtensteins led the armies of the Kaiser in
bygone centuries against the Janissaries, and it is
andst Austrian a Ln
ic h en s tei
Emperors.ns
The Austrian noble is a
pleasant companion ; his
politeness is excessive, his wealth great, but his
education is too often superficial. His
acquaintance
with literature, science, or art, if it exi • sts at all, is
of the slightest nature. His conversation is of balls
and parties, the Opera, or the last little social scan-
dal. Even after a battle he will talk more freely
of these things than of the tactics which directed
an action, or the faults which produced a defeat.
Like a party of Melton " swells " of the dandy
day who would meet at dinner, and would be
shocked were you to speak of the day's run, Aus-
trian nobles will spend the day after a battle in con-
versation upon solemn trifles. It is in favour of
this class of men that the higher ranks of the Aus-
trian military hierarchy are monopolized. The pay
of the service being altogether inadequate to secure
a decent livelihood for officers, none but wealthy
men have a chance of rising in it, and the posses-
sion of talent, vversatility, or acquired advantages is
an exception. We need not, for this reason, won-
der at finding in the Austrian army numerous
examples of the Gyulais, Lichstenteins, and Zed-
witzes, but we should rather be surprised that
like
in
an army so officered men of military genius
Prince Eugene or the Aic • hduke Charles should
ever be discoverable.
That Count Gyulai possessed all the pride and in-
capacity of his class is proved by a fact as yet
known to a few persons only.
On the morning of the battle of Magenta Count
Clam, with a portion of his corps, found himseif
engaged with an overwhelming force of the enemy.
He despatched an aide-de-camp with a note to Count
Gyulai, earnestly pressing fir assistance. The aide-
de-camp rode the 10 miles which separated him from
the headquarters of the Commander-in-Chief in
little more than 20 minutes, and presented his letter
to Count Gyulai, who read it and put it into his
pocket. It was then respectfully suggested that
Count Clam would esteem it a particular favour if
some assurance could be given him at once that the
assistance he so much. needed would be speedily
forthcoming, as in that case he would. be able
to infuse new vigour into his exhausted troops.
Count Gyulai's reply was characteristic—" I shall
proceed at once to dinner, and then give the neces-
sary orders ; and, by the way, vou must be hungry
(addressing the aide-de-camp) ; you shall dine also."
Whereupon his Excellency sat down, and quietly
partook of his meal, leaving Count Clam to wait for
the reinforcements and the comforting assurance
he was so anxious to obtain. Well might Count
Clam exclaim on the evening after the battle, when
he received orders from Count Gyulai to put his
corps in readiness for a renewal of the battle on the
morrow—" Tell his Excellency that I shall be too
happy to take a musket in ray ttand,and fight with
the rest of the army, if it can be brought together,
but as for my corps, it is in no state to do anything
at present." What, one may ask, would have been
the condition of Count Clam's corps had Count Gyuali
condescended to forego his dinner ? In 1848 Venice
was lost to Austria because the General in coin-
wand loved his supper too much. In 1859 a pro-
vince is lost for a dinner. Count Gyulai retired in
disgrace, but to wipe away the reproach that he was
a General of parade, and that lie had never seen a
shot fired, he refused the Banship of Croatia, and
returued to his regiment 'willing to serve as Colonel,
since he could no longer be accepted as Commander-.

in-Chief. How few old soldiers would have had
the courage to do this ! At first his misfortune
hung heavily upon him, but it was remarked that
after the battle of Solferino his spirits revived. A
shrewd observer said, after that battle, that it was
remarkable how much of the Gyulai incubus still
weighed upon the Austrian army. The Count,
however, consoled himself with the thought that
Hess had done no better.
The retrospect of Solferino must be very irritat-
ing to all who feel interest in the military fame of
Austria. It is needless to dwell on the well-known
fact that the Austrian army was forced into-
action in positions most disadvantageous to them.
That fact has been' explained and commented on.
It has been shown how difficult it was to defend a
series of heights like those of Solferino, which,
lying at an angle oblique to the front of the attack-
ing force, were easily assailable on both flanks. But
other causes besides these combined to produce a
catastrophe. At Magenta the incapacity of the
Commander-in-Chief produced its natural conse-
quence—defeat. At Solferino, where there was no
Commander-in-Chief, and where each General did
pretty much what he pleased, too many of the
leaders proved themselves the worthy emulators of
Gyulai. It was peculiarly unfortunate that among
all the corps of the Austrian army that of Count
Clam should have been chosen to hold the position
in which most energy and decision were required.
Clam's corps had never recovered the shock it re-
ceived at Magenta. It supported but feebly the
efforts of the sth Corps. The weakness which it
evinced and the confusion into which it fell at the
most critical part of the day's operations proved
that Count Clam was not the right man in the
right place. A General, however brave he may be
in the field, cannot be said to possess the necessary
qualities of command unless• he possesses, in addi-
tion, coolness, decision, and keen observation. A
General who does not know where his reserves are
placed incurs blame of no ordinary kind. Such,
unfortunately, was the case with Count Clam.
When his corps yielded and fell back the reserve
of six batteries (36 guns) might, if forth-
coming have retrieved, the disaster. But when
that reserve was wanted it was not to be found
Precious time was lost in searching for it, and Sol-
ferino was already in the hands of the French,
when the discovery was made that the reserve lay
at Volta, four or five miles from the spot where it
ought to have been. It was enough to raise a smile.
on the countenence even of an Austrian.to hear a
colonel say, at four o'clock in the afternoon, as he
rode over the hill of Madonna delle Piave, that he
was going for the artillery reserve of the First
Corps at Volta.
This, however, was not all. General Zedwitz, with
six regiments of cavalry and six batteries of artil;
lery (about 15,000 men and 36 guns), unaccountably
remained at Goito, and paralyzed by his absence all
the efforts of the divisions forming the Austrian left.
The Generals, of the 3d, 9th, and 11th Corps were
waiting all day for Zedwitz. Inferior to the French
in artillery, they longed for the moment when the
heavy cavalry and artillery should appear and
restore the equilibrium of the battle. But they
waited in vain. No cavalry, no artillery,
came on. Lichtenstein, too, with his 25,000 men,
where was he all this time ? Why had he not
come up ? While the battle raged many a glance
was turned towards the quarter whence ht. was ex-
pected, but he came not. Like Zedwitz, he never
moved. It is very small consolation to the Aus-
trians to know that Clam, Lichtenstein, and Zed-
witz shared the fate of Gyulai. Their removal
from the army could not repair the losses caused by
their incapacity or neglect.
The French said of the Austrian army, " The
cavalry is superb, the artillery is admirable, the in-
fantry are children." The children fought Solfe-,
rino, and fought it alone, for the superb cavalry and
admirable artillery were not there. What a com-
ment this on standing armies! For years Austria
has sacrificed her treasure and lavished her atten-
tion on this cavalry and artillery. It was of little
moment whether the country were well or ill
governed. "It is true," an Austrian might have
said, " we have a bad Administration, hand taxation,
a hateful police ; but, on the other hand, we have
a splendid army, cavalry unsurpassed, and artillery
famous all the world over." The time comes when

this army, maintained at countless cost, is to prove
that it is worth the sacrifices made in its favour ;
and behold, when it is wanted, the unrivalled ar-
tillery and cavalry are away, no one knows where !
Is this melancholy result only due to the fact that
commands have been intrusted to incompetent
hands, or is it possible that other faults are com-
mitted which cannot be excused ? One example
alone will prove that the experience of years has
not preserved the Austrians from gross military
errors. When the batteries of the 9th Corps opened
fire on the plain.of Medole, they were so quickly
mauled by the superior number of the French
guns that it was found necessary to withdraw
them. In order to do this with effect Mensdorf's
cavalry was ordered out into the plain, and the
hostile fire was then divided, with so much, success
that the batteries were limbered up with smaller
loss than might have been expected. But military
men very properly inquire whether heavy Dragoons
were not organised for a different purpose than that
of drawing off an enemy's fire from artillery ? The
veriest tyro understands how troops may be
moved under cover of artillery, but what shall
we say of artillery moved out of fire under
cover of cavalry ? Had Count Mensdorf been
near the enemy, there would have been some
sense in ordering him out into the plain ; but
it was really too bad to send him into a plain
covered by hostile balls fired from a distance of
3,000 yards, and out of range of any guns such as
cavalry divisions generally take with them. One
can fancy the rage of the officer in command of the
battery that first accompanied Mensdorf when, in
five minutes after he entered the plain of Medole,
five of his guns were dismounted, at a distance
which rendered any attempt on his part to fire per-
fectly useless. A second battery took the place of
the first one. In less than a minute three of the
guns were dismounted. The officer in command
asked permission to dash forward regardless of all
odds, and fire a volley at close quarters. Count
Mensdorf refused, thinking, doubtless, that if three
guns could be dismounted in a minute at 3,000
yards, the remainder would be disposed of long
before they could have got into range. Finally, the
cavalry division retired without coming in contact
with the enemy. With regard to the purpose with
which its movement was undertaken, that cer-
tainly was effected. But this purpose was not
worth the cost. To save one set of batteries an-
other set was sacrificed, and, in addition, a vast
number of men and not less than 500 horses. It
was here that the superiority of the rifled cannon
over ordinary artillery was finally and decisively
proved. The horizontal fire on the plains of Medole
dismounted guns more than 3,000 yards off. At
Solferino the practice was by no means so success-
ful, and the French, firing from heights against
heights, did no' aim well. The rifled guns may be
said, however, to have rendered invaluable service.
If a military man were to be asked what ground he
would choose in Italy for the evolutions of cavalry
he would at once pitch upon the plain of Medole as
combining all the advantages that could be desired.
The Austrians had the best opportunity of using
thatplain. Their cavalry was not forthcoming in
sufficient numbers to neutralise the effects of the
enemy's artillery ; but even had they been in force
on that plain it is doubtful whether they would
have done much, unless they had been fortunate
enough to turn the French right.
It is not alone the rifled cannon that has changed
the conditions upon which modern armies must now
fight—the use of rifled arms of every description must
alter the,pld system of manceuvring in the field.
Austria, ,with its fondness for old established rules,
had not realised this is as the French have done. An
Austrian soldier retiring from the field at Solferino
remarked that the French fired much quicker than
their opponents. Numbers of them, he said, fire
from the hip without taking aim.. This is true.
The French, instead of a simple line of skirmishers
in advance of their columns, had a double line, the
rearmost of which fired over those in advance of
them. Thusit was that the ground in rear of the
Austrian front was alive with projectiles, which,
although propelled without aim, did not fail to
annoy severely the regimental reserves. It Ns as
this system of firing at high elevation which ren-
dered the Rocca-hill at Cavriana untenable by the
Emperor of Austria and his staff long before the
French were in close proximity to the spot. It was
this system of firing which made the Austrian sol-
diers remark that they preferred fighting in the
foremost rank to standing in regimental reserve.
Other curious facts may be mentioned as illus-
trating the condition of the Austrian army. It has
been said, and is quite true, that there are no
field hospitals in the Austrian army. This is
part of a system upon which much play be
said on one side or the other. The Austrians
never carry tents in Italy. They say that
field hospitals for the sick and tgnts for the healthy
are not required, because Italy is so thickly studded
with villages that shelter can always be obtained.
for the troops, and the system of transport is so
perfect that the sick can always bg carried to hos-

pitals in large towns. Unfortunately, the
,hospitals
of large cities like Verona and Mantua, though vast
and airy, are not capable oreontaining one-quarter
of the sufferers in such an engagement as Sollerino;
and after every ward in Verona had been filled it
was found necessary to send off the majority of the
wounded to Vicenza, Venice, and -Innsbruck. How
many men perished of exposure to heat and fatigue
consequent upeon travelling under suffering it is
almost impossible to say, but this and the absence of
a sufficient number of medical men caused the loss of
many soldiers whose state was not such as to render
it impossible to cure them. , Again, the perfection
of the Austrian transport is not an unmixed benefit.
It encumbers the roads and prevents rapid motion.
This was seriously felt at .Solferino, where the
transport trains impeded the movements of the
columns. The small-arm ammunition also, being in
carts, was so not easily supplied to the men in battle
as it ought to have been. It may give some insight
into the condition of a country through which an
Austrian army of 150,000. men moves to s'ay that
"were the whole of it marching upon one road the
head of the column would be . 120 miles from the
rearmost file. It is calculated. that, independently
of the cavalry" and artillery, the transport train of
the Austrian army in Italy employed 100,000
horses.

Finally, as to the condition of the Austrian
soldier going into battle. There is no doubt that
an ill-fed army does not fight so well as one
which freely partakes of food. Now, the Aus-
trian army is an ill-fed army. The rations of a
soldier in Italy consisted .of *lb, of beef and a pro-
portional quantity of bread. Neither wine, nor
spirits, nor coffee are part of the bill of fare. If
the Austrian soldier wants more than his ration he
buys it. This is a fruitful source of disorder. On
a march the soldier falls out of his rank-to buy
cheese or bacon. He. must run to resume his_place,
and he eats in the ranks. He is obliged so to
satisfy his appetite and quench his thirst 'because
the regulation is that he shall cook but once a-day.
In time of peace the meal is cooked and served at a
regular hour. In time of war, on a march, the cook-
ing takes place in the evening, after the bivouac is
prepared. The meal having been eaten, the soldier
lies down, and is not entitled to another for 24
hours. The result of this at Solferino has already
been mentioned. The soldiers ate their dinner on
the evening of the 23d, and were not entitled to
another.-until the evening of the 24th. In the
meanwhile a battle was to be fought on an empty
stomach. Much was said of the hardships endured
by English soldiers in the Crimea because their
coffee was not roasted and ground for them. The
Austrian army get no coffee at all, and receive no ra-
tions ofspirits or wine. " It is shameful," said Count
Rechberg (a civilian) at Verona, " that the Com-
missariat should not feed the army better." " The
Commissariat is not to blame," was the reply ;
"it is the system. For 40 years and more
the Austrian army has been so fed, and
it is only now you discover that the ration is insuf-
ficient." The result of this discourse was that ad-
ditional rations were served out to the troops, which
is very like beginning to train a horse after he has
lost a race.

This generosity as to rations gas, only visible,
however, after the signature of the - armistice of
Villafranca, for previous to the suspension of arms
there was every reason to fear that the supply of
food to the army would be diminished rather than
increased. It is a remarkable example, indeed, of
the improvidence of the Austrians that their sup-
plies were failing at the very moment when provi-
sions were becoming most necessary. Their impro-
vidence had been equally great in another direction.
In their anxiety to strengthen Pavia and Piacenza,
they took a vast number of guns out of Verona
-to arm the walls of those cities. When they
retired those guns were blown up, or sunk in
canals and rivers. Verona remained imperfectly
armed armed ; but, as it was not anticipated that
the war would be so unsuccessful as to make a
siege of Verona imminent, this unreadiness was not
a subject of much anxiety. For the same reason
the victualling department of the fortresses had
been neglected. The disaster of Solferino brought
these omissions into serious notice. •To defend
Verona without guns or provisions was impossible.
Those who have attentively read the history of the
siege of Sebastopol know that the Russians con-
stantly renewed the ordnance of their works from
the inexhaustible supplies of their arsenal. At
Verona, on the 25th June, 150 guns were still
wanting to cOmplete the defences, and as for re-
serves in the arsenal, there were none. Again, with
respect to food, if the French had commenced the
siege at once it was a certainty that the supply then
at hand would not last six weeks. It is not extra-
ordinary, under these circumstances, that the Em-
perorFrancisJosepli should have desired an armistice.
It has been said that the first overtures for a sus-
pension of arms came from Louis Napoleon, but,
this is a mistake. The Emperor of Austria asked
for and obtained the armistice, which was for him
an absolute necessity. Why the armistice was
granted by France is not so well known. The
armistice caused no surprise in the Austrian army,
except in so far as its duration is concerned. The
signature of the peace did create surprise and in-
dignation, but it may be assumed with certainty
that Francis Joseph would not have accepted it had
he not felt that it was the best thing he could hope
for under the circumstances. The reasons which
swayed his decision were partly military, but
mainly political, and these last it is not the purpose
of the present statement to touch upon.

..4SSIZE INTELLIGENCE.

HOME CIRCUIT.—LEwis, AUGUST 4.
(Before Mr. Justice Crowder.)
James Mitchell, 29, a young man of gentlemanly
appearance, described as a land surveyor, pleaded
guilty to a charge of forging and uttering a cheque
for £4O, with intent to defraud.
It appeared that the prisoner had taken up his
abode at the Marine Hotel, at Hastings, in com-
pany with a female, and that he represented him-
self to be Lord Charhille, and was consequently
treated with all the respect becoming the position
he had assumed. He and his companion lived on
the best of everything the hotel could produce until
the bill amounted to £35, and he then borrowed
£5 of the landlord, and gave him a cheque for £4O,
signed " Charlville," which turned out to be of no
value.
The prisoner put in a written statement, which
represented that his friends were highly respect-
able, and he had himself been educated at Cam-
bridge, and had followed the occupation of an estate
agent, but from unavoidable causes he had become
reduced, and distress had driven him to commit the
offence to which he had pleaded guilty. Upon these
facts he entreated his lordship to pass a lenient
sentence upon him.
The learned judge said the prisoner hae. pleaded
guilty to a very grave offence' and it was painful
to see a man apparently of good education, and who
seemed to have formerly filled a respectable position,
in such a situation as he stood at present. With
regard to the condition in which he represented
himself to be at the time he committed the offence,
he could not help expressing his opinion that no
one could be reduced to such a condition unless he
had been guilty of some great misconduct, and he
should have felt it his duty to pass a much more
severe sentence than the one he was about to pro-
nounce if he did not consider that the punishment
of imprisonment to a man in his condition was much
more severe and irksome than it would be to a per-
son in a lower condition of life. He then sentenced
the prisoner to be kept to hard labour for twelve
months.
James Goble surrendered to take his trial for the
manslaughter of Charles Hammond.
Mr. Wyatt prosecuted ; the prisoner was de-
fended by. Mr. Roupell.
The prisoner, it appeared, was the landlord of
the Wheatsheaf public-house at Arundel, and on
the night mentioned in the indictment, the de--
ceased, who was his brother-in-law, and several
other persons, were at the house, and the whole
of them were more or less the worse for liquor. In
the course of the evening a quarrel took place be-
tween the prisoner and the deceased, and the former
struck his brother-in-law several violent blows, and
he died soon afterwards of congestion of the brain,
the death being apparently partly attributable to
the condition of drunkenness of the deceased, no
doubt accelerated by the injuries he had received..
Mr. Roupell, in his address to the jury for the
defence, endeavoured to show that the death of the
deceased arose from the drunken and excited con-
dition he was in at the time, and that the prisoner
therefore ought not to be convicted upon the pre-
sent charge.
Mr. Justice Crowder having summed up, the
jury retired, and were locked up till nearly ten
o'clock at night, when they, agreed, and were con-
ducted tc) the judge's lodging and gave a verdict
of guilty,
The prisoner was this morning sentenced to be
imprisoned and kept to hard labour for three
months.
Jokn Harman surrendered to take his trial for
wilful and corrupt perjury.
Mr. Robinson and Mr. Merrifield conducted the

Pluck', 4D. STAMPED, SD.

prosecution,; Mr. Digby Seymour, of the Northern
Circuit, was specially retained, with Mr. Pearce,
for the defence.

' The defendant is a man of some position and
.property at Brighton, and it was stated that at the
last election for the western division of Sussex he
set off in 'a carriage,' drawn by four greys, to offer
himself as a candidate. The offence imputed to him
was, that upon the hearing of a summons before
the Brighton magistrateti, which "charged Mr.
Cheat, the landlord of the Sun Hotel, at Brighton,
with an offence under the Victuallers Act, he swore
that on the 12th of May, xklieh was 11 Sunday, per-
sons had been Served with spirits and wine after
twelve o'clock on :Saturday and before one o'clock,
p.m., on the day named. It appeared to be very
clearly made out that the defendant had made a
statement to this effect, and that it was not true;
but at the. same time it appeared that there was a
good deal of party feeling involved in the inquiry,
and that the defendant had been imbibing pretty
plentifully and was a good deal excited, and it
;was very prob,-ble that at the time .he made
the statement . he . really believed lie was speaking
the truth, but was mistaken in the hour.
Mr. Seymour made a very able address to the
jury for the defendant, and he contended that there
was no evidence to show that the statement
in qtiestion was made wilfully and corriiptly, and
said unless that was established he ought not to
be convicted.
Mr. Justice Crowder having summed up, the
jury returned a 'verdict of not guilty.

OXFORD CIRCUIT.—HEREFORD, Aug. 4.
CRIMINAL COURT.
"(Before Mr. Justice Byles.)
THE LEDBURY MURDER.
Yesterday, after the despatch of our parcel, Mr.
Huddlestun continued the defence of the prisoner-
He proceeded at some length to analyse the evi-
dence upon which the prosecution relied. He con-
tended that there were plenty of other persons, and
some of them of the lowest possible character, who
frequented the office, and had opportunities of
seeing money taken from the drawer which was
robbed, and that part of the case therefore fell to
the ground. A tramp or stranger, knowing the
place was only protected by an old woman, might
have teen the light upstairs when the child was
put to bed, might have got in by means of a com-
mon latch- key, and secreted himself; or a man
might have come to the woman with a false tale ;
or some one Might have obtained possession of the
key in the daytime, and watched his opportunity
to use it, and have thus committed the crime.
Nobody could say that Mrs. Baker had no gin in
her h.)use before the murder. Where was the pre-
tence for supposing that the prisoner put the packet
of silver in Cabbage•lane ? If he had murdered
the woman, and had had 'the whole night to him-
self, he would have selected some more distant
spot to deposit coin that was marked. The evidence
with regard to the stamps had entirely failed ; au a
it was appalling to think that a man might be,
hanged upon such testimony as had been produced
with refe-ence to the cheques. He concluded by
expressing a hope that God would guide them to a_
right verdict.
The court then adjourned until this. morning,
when the greatest excitement prevailed in the
neighbourhood of the densely crowded court.
His lordship summed up with great solemnity.
He said that probably the jury would never again
in their liVes have to enter upon such a momentous
inquiry, and no time could be wasted and no labour
misemployed in endeavouring to come to a right
conclusion. He did not think it right for the in-
terests of the prisoner or the public that they
should enter upon the last part of the investigation.
The evidence in this case was of a circumstantial'
nature, but if they found all the circumstances
tending to the conclusion of the prisoner's guilty,
it would constitute a case upon which the jury
might safely act. They were to dismiss from their
minds everything relating to the prisoner's former
life, because nothing of that had 'been proved, and,
as far as they were concerned, there was nothing
against him but this terrible charge. His lordship
then proceeded to comment upon the voluminous
evidence, scanning the circumstances with great
clearness, the prisoner leaning his face upon his
arms on the rails of the dock, never once raising
his head. The other clerks in the office (said his
lordship) came out of the investigation without a
stain upon them,,and it was painful for them to
have to give evidence upon a capital charge against
their former companion. 'rhe life of the prisoner
was in their hands, and he thanked God it was not
for him but them to decide. They, had a solemn
duty to discharge to the prisoner, not to convict
him on suspicion, but they had also a solemn duty
to discharge to the public, not to acquit him if they
believed him to be guilty. Direct evidence'
there was none, but if juries always waited for
direct evidence, very few criminals would ever be
convicted. He could see nothing in reference to
the notes and cheques upon which it would be
safe to rely. It depended entirely upon the credit
they thought they might repose in the witnesses
Seers and Thomas. He could hardly think that
they had come to swear away a man's life
on this occasion by swearing that which they had
never seen. If they believed those witnessos, the
prisoner was proved to be in possession, not of the
stolen cheques, but of a cheque which was burnt
in his room. That was what the evidence amounted
to. He had, in the course of his remarks, said all
he could say in favour of the prisoner. If the jury
thought he was guilty, they must do their duty to
their country and find him so. If they entertained
any doubt, not a capricious, but a reasonable and
übstantial doubt, they would give the prisoner the
benefit of the doubt. With the counsel on both
sides, he wished that God might guide them to a
right conclusion.
The jury retired to consider their verdict. In
about forty-five minutes the bailiff came back and
said the jury could not agree. There was no action
taken upon this announcement, and the jury con-
tinued their deliberations.
At three o'clock his lordship sent a message to
the jury that he would retire to his lodgings, and
would return to court to receive their verdict. At
ten minutes to four it was announced that the jury
had agreed, and a message to that. effect was sent
to the judge, who immediately returned to court.
The foreman then announced that they found a
verdict of not guilty.
A fearful scene followed, for the prisoner, who
had been led up in a state of exhaustion, was seized
with a fit, and it required the utmost exertion of
three strong men to restrain his violence. This was
on his recovery from a kind of fainting fit, in which
he fell when the verdict was delivered. A glass of
water was procured, part of which he drank eagerly,
and recommenced' struggling. At length he arti-
culated "I am innocent, lam innocent. He ap-
peared not to comprehend the verdict, until it was
repeated to him by Captain Glenn, the governor of
the gaol, whom he clutched by the hand, and said,
" God reward you for your kindness." He was
removed from the dock with great difficulty, his
face wearing an expression of terrible ghastliness,
and his whole demeanour presenting the idea of a
man whose reason was suddenly lost.

MIDLAND CIRCUIT.—WAnwicK, AUG. 4.
(Before Justice Williams.)
RIOTS AT FOLESIIILL.

----- ---
James Cooke, 22, miner, Sarah Bartlett, 35, mar-
ried woman, William Lenton. 22, miner, and Joseph
Ward, 30, miner, were charged with having riot-
ously assembled with others, on the 14th of April,
at the parish of Foleshill, and did then and there
assault and beat one Thomas Leadbitter, contrary
to the statute.
Mr. Spooner appeared for the prosecution, and
Mr. O'Brien for the defence.
The offence arose out of an attempt on the part
of a number of people to prevent the proprietor of
a colliery—the Victoria Colliery—employing eel..
tain people in his colliery, and the prisoner Cooke
took the part of a ringleader, and threatened a man
named Leadbitter, and pushed him into a ditch.
The jury found Cooke guilty of a common as-
sault. the other prisoners not guilky.
Thomas Dutton, 34, weaver, Anti& Golby, the
younger, 30, miner, and Margaret Golby, 69,
married woman, were charged under similar cir-
cumstances.

_
Thejury, after a short deliberation, returned a
verdict of guilty against all the prisoners.
Sentences deferred.

NORFOLK ClRCUlT.—lrswicu, AUG. 4.
CROWN COURT.
(Before the Chief Baron.)
FARROW T. BLOOMFIELD.—SEDUCTION AT FRAM..

LINGHAM.
Mr. Couch and Mr. Brown appeared for the
plaintiff ; Mr. H. Mills appeared as counsel for the
defendant.
Th. 3 action was brought to recover damages from
the defendant for having seduced the daughter of
the plaintiff, whereby he had lost the use of her
services in hi 3 business.
The defendant pleaded not guilty ; secondly, that