The Sun.
London, England, 1861-07-04 00:00:00

LEWIS V. LEWIS.-JUDGMENT.

HILL V. FIILL.-JUDGMENT.

Dr. Tristram said that, before his lordship de-
livered judgment in this case, in which the wife
had obtained a judicial separation, he had, on behalf
of the husband, to move for a rule, calling on peti-
tioner to show cause why there should not be a new
trial. He founded that motion on the affidavit of
his client, who stated that he had consented to any
opposition to his wife's suit being withdrawn on
the condition that there were no witnesses to be
examined at the trial. This was promised by his
solicitor, and on the strength of that promise he
did not produce any evidence, which he could have
done, to disprove his wife's allegation of cruelty.
He went to Boulogne before the trial, but, much to
his surprise, saw a report of the trial, from which
it appeared that witnesses had been examined.
Sir C. Cresswell said there was no ground what-
ever for the application, for the consent of the
respondent to a decree against him for judicial
separation, in consequence of cruelty, on condition
of their being no oral evidence, was evidently given
for an improper purpose, so that he must refuse
that application. The question on which he had to
deliver judgment was, whether, after the verdict
for the petitioner, he should make the decree. He
wished to give full consideration to the fact elicited
at the trial, namely, that the wife had lived in the
same house at Boulogne with her husband for some
time subsequent to the acts alleged ; but under the
circumstances detailed at the time he did not think
that residence established condonation on her part.
He must, therefore, pronounce the decree for judi-
cial separation, with costs.

BUSINESS OF THE COURT.
Several decrees nisi were made absolute.

POLICE INTELLIGENCE=--July 3.

MARLB °ROUGH- SiREET.--THE WINE
FRAUD. —FRESH EVIDENCE.—COMMITTAL—Louis
Moniville or Moniller, the Bavarian, charged with
defrauding Mr. Attenborough, the pawnbroker, in
his establishment in Greek-street, of £3O, under
the false assertion that two casks, really containing
in bulk water, were of choice port wine, was again
brought forward in custody, having failed to put in
bail as agreed to.

Mr. Drew, of Basinghal)-street, as on previous
occasions, appeared for the defendant.
On cross-examination, Mr. Attenborough said he
tried the casks on hearing of a similar fraud prac-
tised on another in the trade. He only found the
means of trade, and left the active part of his busi-
ness to his managers. He had known the defendant
about twoyears,and had previous transactions with
him. Was sure no degree of heat could evaporate
the wine. There had been a fire near him, but it
could have no effect on his casks.

The manager was called and asked if the casks
were not pale sherry, and he replied, " No, it was
represented to be full port, as per sample," and said
that a note was given on its delivery that it should
be redeemed in three months from its date.
Mr. Attenborough said a cooper, in his and the
officer's presence, after twenty-five pails of water
had been drawn off from each, examined the casks.
There was a bladder and small pipe taken by him
out of each cask, containing about half a pint of
port.

CrosE-examined—Was sure they were the iden-
tical casks brought by the prisoner, which he had
seen him try by means of a gimlet. The prisoner
at the time owed an account, which his manager
deducted from the sum, giving him the balance.
The bla,.:der was sealed inside, nearer the side than
the centre, the part tried by the prisoner, the orifice
of which he had sealed with sealing-wax after the
operation. When taken in, the hogsheads con-
tained wine, but a remarkably small quantity. (A

Sheppard, 2 L, apprehended the prisoner at his
house, at Kennington-green. He tried to make his
escape over the garden wall, but he secured him,
and told him the charge. He begged to be let go,
and said he would settle with Mr. Attenborough.
He knew it was water, and so did a friend of his.
Mr. Drew slid if, as it seemed, it was he inten-
tion of the bench to commit in this case for trial, he
should reserve the defence.
_ _

Mr. D'Eyncourt said it was undoubtedly a case
for a jury ; and the depositions being read over and
signed, committed the defendant accordingly.
Mr. Parry, of Ironmonger-lane, said he had a case
against the prisoner, for fraudulently obtaining from
Mr. Charles Raymond Le Forest, of Margaret-
villas, Peckham, a bill of exchange for £2O, some
six months ago.
Evidence was given by the prosecutor of the
obtaining the bill, on pretence that he could directly
get it discounted, and that the amount had never
been paid him, though some months had elapsed;
and by Mr. George Mitchell, an auctioneer, of
Great Russell-street, Bloomsbury, that he dis-
counted the bill for £l5 of the prisoner shortly after.
Mr. D'Eyncourt thought there was not sufficient
evidence under section 4 of the Act to constitute
the case as laid by the prosecutor, but he would
leave it for trial, and committed the prisoner on this
charge also.

LAMBETH.—.THE LATE FIRE AND THE FAT
FLOWING FROM IT.—George Coleman, a labourer,
residing in New-street, Vauxhall, was charged, be-
fore Mr. Elliott, with having in his possession from
four to five cwt. of refuse taken from the common
sewer, and alleged to contain a quantity of fat or
tallow that had floated from the destructive fire at
Cotton's wharf.
Mr. Edwin, a solicitor, attended on the part of
a person named Harradine, whom he described as a
general agent, and who, he said, claimed a pro-
perty in all the tallow found in the sewers in right
of purchase as salvage for £73, and from the evi-
dence it appeared that the prisoner had bees
stopped in James street, New-cut, driving a cart
containing the mixture above mentioned, and when
questioned about it he said he had been employed
by some men to take it from Bermondsey to his
own house.
After hearing the case through, Mr. Elliott ob-
served that there was no evidence before him of the
ownership of the property, or where it had been
got from, and he must, therefore, discharge the
prisoner.
George Clutterbuck, a labourer, was charged with
a similar offence, and in the absence of evidence that
the stuff had been taken from the sewers, he was
also discharged.
Three men. named William Day, Chas. Woods,
and Patrick Riley, in the employment of the Com-
missioners of Sewers, were next put to the bar, on
a charge of having in their possession about two
tons weight of tallow, the alleged property of Mr.
Harradine.

Sergeant Miller, 20 L, said that about 10 o'clock
on that morning he found the prisoners and two
or three other men, who had made their escape,
taking bags of fat from the sewer in St. George's-
road. He asked them if they were employed by
any one to collect the fat, and they replied that
other people were collecting fat from the sewers,
and they thought they had as good a right to do
so as others. He then told them that they must
accompany him to the station-house and satisfy
the inspector on duty of their right to collect the
property, and they did so.
Mr. Edwin, as in the other cases, claimed the
property as belonging to his client, and produced a
large handbill issued by Mr. Harradine, cautioning
all persons against collecting the tallow from the
sewers, and also stating that convictions had taken
place before the magistrates for that offence, and
insisted therefore that the prisoners could not have
acted in ignorance of the consequences of what they
had done.

The prisoner Day said, that if they had not
stopped it the tallow would have floated into the
Thames, where it would be collected, as more had
been, in boat loads, and they therefore thought they
had as good a right to it as others. They had, he
said, to labour very hard, and for several days and
nights, to get it together, and they did not think
they had done any harm.
Mr. Elliott observed that they must have known
they had no right to the property, and convicted
them in a penalty of 20s. each or 14 days' impri-
sonment,

Application was here made to deliver up the pro-
perty to Mr. Harradine, but the magistrate refused

lnspecter Judge, of the Thames Police, said that
about a quarter to 6 o'clock on the morning of
Tuesday, the 25th ultimo, he was on duty on the
River Thames, in the police-galley, and passing the
great fire he saw a boat alongside the remains of
the sloop Albert, which had been partially con-
sumed at Hay's Wharf. He proceeded to the spot
and saw the prisoners at the bottom of the vessel
removing bottles of pickles, which they were
washing. He secured them, and in Alford's boat
alongside ho found fifteen bottles of pickles similar
to those be had seen them washing on board.
Walter Clark, the captain of the vessel, said that
on Saturday afternoon, prior to the fire, she was
laden with a general cargo, and he was about to sail
on the Monday following. The fire, however, broke
out, and the flames partially consumed the vessel
and a great portion of the cargo. There were cases
containing bottler; of pickles left at the bottom in
the water.

The prisoners said that they went on board the
ship through curiosity, and were looking at the
pickles when the inspector came. They denied
moving any into the boat alongside.
Mr. Burcham observed that 15 bottles of the
pickles were found in Alford's boat.
Alford said he did not put them there ; the in-
spector must have done that.
Mr. Burcham told him that, according to the
inspector's evidence, they removed the pickles from
the bottom of the vessel, and the fact of some being
found in Alford's boat made the case strong against
him. Under these circumstances he should commit
both prisoners for trial.

THE TALLOW IN THE SEWERS.--Joseph Byford,
a marine store dealer, carrying on business at 109,
Bermondsey-street, was charged with having in
his possession three tons weight of tallow, taken
from the sewers in an unlawful manner.
West, 136 M, said he found the tallow in a tan-
yard in the prisoner's occupation, and he at once
identified it as some of the tallow floated into the
sewers from the great fire. The sewer passed under
Mr. Byford's premises, and there was a man-hole
there.

Mr. Binns for the prisoner contended that the
sewer got choked up, and his client was compelled
to clear it for the purpose of his own business. He
bad the tallow taken out, and he considered he was
entitled to it.

Mr. Burcham told him that the sewers were
under the authority of the commissioners, and the
tallow in question had been sold by the insurance
offices to Mr. Harradine. It was his property, and
the prisoner had no right to it. He should dis-
charge him, and order all the tallow to be delivered
up to Mr. Harradine.
John Conway, a labourer at Hay's-wharf, was
charged with having in his possession a piece of
lead pipe, the property of Alderman Humphrey,
and Thomas Harrigan, another labourer, was
charged with having in his possession two candle
lamps, at Cotton's-wharf.
The warehouses at both the wharfs were de-
stroyed by the groat fire, and the prisoners, with
many others, were employed in removing some of
the rubbish, and on the previous afternoon were
detected in carrying away the property.
Mr. Burcham fined each of them 10s., and in
default of payment committed them for 14 days,
with hard labour.

---
THAMES.—THE TABLES TURNED.—ASSAULT
AT SEA.—William Foley, a seaman, was brought
before Mr. Selfe, ,charged with assaulting Mr.
Robert Tunis }haunch, chief officer of the ship
Thomas Whitby, now lying in the Blackwall Basin.
The complainant said that on the 10th of June
last, at sea, he was standing on the poop, and
ordered the prisoner to haul the spanker out. The
prisoner, who was on the main deck, paid no atten-
tion to the order, which he repeated, and then called
him, and after finding fault with him kicked him
behind. It was a very slight kick. The prisoner
said he would not be imposed on on board the ship,
and he did not come there to be abused. Witness
then armed himself with an iron belaying pin, and
struck the prisoner a slight blow on the top of the
head with it. He held on to the prisoner, who
threatened to stab him ; took out his knife, and
said he would stab him. At the same time the pri-
soner held on to the belaying pin to prevent his
using it, and he then hit the prisoner again upon
the head, threw him down, and put him in ir•ns.
Tho prioonor had boon in irons ever since until that
afternoon, when he was given into custody.
Mr. Selfe—For what ?

Witness—For assaulting me.
Mr. Selfe—You are about as cool and impudent
a fellow as ever came into a court of justice. You
assault him by kicking him, and then take up an
iron belaying pin and strike him with it, and put
him in irons.

Witness—He threatened me—to stab me.
Mr. Selfe—Not until after you had kicked him
and took up the belaying iron. If he had been out
of irons I think he would have applied here for a
summons against you. You are an impudent fellow
—go about your business.
The decision was followed by loud clapping of
hands.

Selfe—This is not the place for any demon-
stration of this kind. I must have silence here.
The Prisoner—Will you hear me, sir ? The mate
had his knee on my breast, and my head was bleed-
ing dreadfully.
Mr. Selfe—You may have a summons.
The Prisoner—l am without a farthing.
A gentleman in court immediately gave the sea-
man 2s. for a summons.

Mr. Selfe—Let him have a summons, returnable
for Saturday.

THE CHARGE AGAINST A MOTHER OF
ATTEMPTING TO MURDER HER INFANT.

Ellen Connor alias Ellen Grogan, a washerwoman,
residing at 10, Payne-street, Islington, was placed
at the bar of the Clerkenwell Police-court yesterday,
before Mr. Barker, for re examination, charged with
attempting to murder her infant, 18 days old, by
suffocating it with a piece of a man's shirt.

Mr. Inspector Judge, N division, attended to
watch the case on behalf of the Commissioners of
Police, and Mr. Wakeling for defendant.
The evidence taken on the former examination,
and which has already appeared in this journal,
having been read over by Mr. Alexander, the second
clerk,

Mrs. Manley added to her former deposition
the fact that when she turned the bed clothes
down she did not at first see the prisoner's child.
When she found it it was in the middle of
the bed, its eyes projecting, as if starting from its
head, and its face was nearly black. She found
the child lying on its face, and when she took it up
she found a piec9 of a man's shirt twisted up and
pushed into its mouth, the lips being stretched each
way. Witness gave the child to another woman,
who pressed the unfortunate child's eves in, and
afterwards wiped away a skim of corruption which
had collected over the eyes. The child was very
thin ana dirty, and when the woman who took the
child from witness gave it her breast it sucked very
ravenously, and appeared half starved.
Mrs. M. Gannon said she lodged in the same
house as the prisoner, in fact the prisoner was her
lodger, and occupied the back parlour. The pri-
soner resided there with a man who passed for her
husband. On Monday morning, about a quarter
past 11, the previous witness spoke to her, and told,
her that she had heard a strange noise in the pri-
soner's room. The previous witness got into the
room first and she followed. She saw the child
found in the bed. It was about half-way down the
bed, the' clothes were closely tucked at the bottom
and sides, and the sheets were over the pillows.
its
mouth, the child was picked up it had a rag in
mouth, and it fell over its face. She (witness)
thought that the child, from its appearance, would
die in Mrs. Manley's hands, and she therefore
fetched a person who was suckling to give the child
some milk. The prisoner did not return home until
about half-past one, when she was at once taken
into custody.
Mr. Wilson, surgeon, of 22, Brunswick-place,
Barnsbury-road, said—About two o'clock on Mon-
day last he went to the police station and examined
the prisoner's child. He found it in a very ema-
ciated and exhausted state, evidently from want of
nourishment. It was also very dirty, and there
was a large sore forming in the right groin. It
was suffering from inflammation of the eyelids from
neglect, and discharging a great amount of matter.
From the convulsed state of the body, he should
say that the infant was suffering from want of
breath, and that respiration had been suspended.
There was a certain amount of lividity about the
face and body. He had examined the bed, and
o
found it on the floor, so that there was no occasion
to tuck the child in.
Mr. Barker—Was it possibles
dfoersetrhibeedchbiyld
have put the rag in its mouth,
Mr. Wilson—lt would be quite impossible.
witnesses P theto
Mr. Barker—lf the child had been left lying

Mr. Barker—Was it possible for the child to have
lived a quarter of an hour if it had been left in
the bed in the way the witnesses described find-
ing it ?
Mr. Wilson said it was just possible that the
child might have lived the time stated by the
witness Manley.
Mrs. Collins, also a lodger in the house, said on
Monday the prisoner, about 11 o'clock, went into
her (witness's) room, and said she had had a very
bad night's rest with the baby ; and she wished it
was dead and in Heaven. That was all she heard
her say about the child.
Mr. Wilson, in answer to further questions, said
that when he examined the prisoner at the station-
house, he found that she had a very full breast of
milk, and in fact must have been suffering pain
from not having it drawn.
Police•-constable Forth, 380 N, said when he
took the prisoner into custody he told her it was
for attempting to suffocate her child by putting
a rag into its mouth. She said she was not aware
that the rag was in its mouth, but that she gene-
rally placed a rag under its chin, as it frequently
vomited.

Mr. Barker cautioned the prisoner in the usual
terms, telling her that what she did say might be
used in evidence against her at her trial, and
then asked if she had anything to say in answer to
the charge.
The prisoner reserved her defence.
Mr. Barker fully committed the prisoner to
Newgate for trial.

COUNTRY MARKETS.

SHEFFIELD-JULY 2.

An very small supply of English wheat to-day, with
dull trade. The better descriptions sold at the prices of
last week; inferior samples unsaleable. Flour stationary
in price. Beans and oats at former prices, with a dull in-

ited-Wheat, per lead of 3 imperial bushels...24s Od to 28s Od
White 2) f) ...25s Od to 28s Od
7 f
New red
...20s Od to 228 Od
New white „ 1) ...22s Od to 26s Od
ff 77
Beans
...16s Od to 18s Od
Peas, per qr s4s Od to 55s Od
Grinding barley, per qr 33s Od to 35s Od
Malting ditto, y 3ss Od to 43s Od
Oats 2ss 6d to 34s Od
91
Millers' prices for flour-2s 2d, 2s 4d, and 2s 7d per
141 b.