The Sun.
London, England, 1857-01-07 00:00:00

LONDON, WEDNESDAY ,EVENING, JANUARY 7, 1857.

TILE SAMARITAN INSTITUTION.

GUILDHALL-JAN. 6.

[The following appeared in part of our impression of
yesterday :—]

To-clay being fixed for the further investigation of
the charges against Mr. Surr Edward Pack Barber, the
-Tcretary to this institution, the defendant appeared
before Eir R. VT. Carden and Alderman Humphrey, at
Guildhall. There were four sepaoate charges of obtain.
mg under false pretences one barrel of porter of Messrs.
tiianners and Wells, one sack of flour of Messrs. Pons.
ford and Co., of the City Flour Mills ; one barrel of
porter of Messrs. Hoare and Co., and one barrel of
biscu:ts of Messrs. Huntley and Palmer, of Reading,
with intent to defraud those firms.

Mr. Sle;g1), instructed by Mr. Buchanan, appeared
)T the prosecution, and Mr.,Joyce appeared for the

defence.

It will be recollected that the proceedings of the last
examination terminated with a speech from Mr. Joyce,
on the part of the defence, in which he said he should be
able to show that the case against Mr. Barber was one
of the most flimsy character. To-day the learned gen-
tleman commenced the investigation by detailing the
nature of the evidence he intended to call.

The first witness called was Mr. Charles Horsley,

of Staple-inn, who said—l am attorney fnr Mr. Barber.
I have known him for about two years. I am a sub-
scriber to this institution. After the place had been
opened I became a subscriber. I have visited the in-
stitution. The arrangements were quite to my satis-
faction. In consequence of some difficulty in getting
evidence in this case, I visited the institution on the
28th Dec. last, yesterday week. Mr. Barber, his wife,

and brother, were present. I went with them on to
the platform in the middle of the dining ball. The

place was then filled with destitute poor old women.
Mr. Barber asked if any persons were there who

had received the Christmas dinner and beer of

1855. He desired those who were there (if any) to
stand up. A number rose simultaneously. Mr. Barber
spoke to several of them, and my attention was called

by him to the girls Ayres and Daly, who were sitting
close to my left band. Upon something which bad
passed, and which I did not know, I was asked by Mr.
Barber to speak to them. Daly was sitting next to
Ayres. Ayres said she had had her dinner and beer on

Christmas-day, 1855. Daly said the same, and, she
added, it was given to them out of yellow mugs. I then
desired them to wait till all the wo en had left the insti-
tution who had not received beer. They did so. Subse-
quently T. spoke to several other females up stairs.
Mr. Sleigh, who was absent when the case commenced,
at this point entered the Court, and the evidence that
had been taken was read over. Mr. Sleigh objected to
that part of Mr. Horsley's evidence respecting two wo.
men being received.

Sir R. Carden said that a serious charge had been
made by witnesses on a former occasion, and this evidence
was to contradict that statement.

Mr. Martin read the words of the statute.
Mr. Sleigh still objected to the reception of the evi-
dence.

Sir R. Carden said a licence ought to be given in this
case, as a very serious charge bad been made. His ob-
ject was to have a full and impartial inquiry.
Mr. Joyce maintained that he bad a right to offer the
evidence.

At length it was agreed that the evidence should be
read. At the termination of the reading of the evidence,

Mr. Horsley proceeded as follows :—Mr. Barber went
upetai:•s with we. In consequenc's of certain reasons

I determined not to make aoy further examination then,

but I went again to the institution yesterday at three
o'clock, and on being told that the girl Ayres was there

I saw her. She said—

Mr. Sleigh objected to this mode of proceeding. Here
Ls a statement about to be made in contradiction to what

she had stated when she was examined ,for the prosecu-
tion. The girl bad been abducted by the Barber party.

Mr. Martin said if the statement related to the matter
in issue the statement could be read.

It was finally arranged that Ayres's statement should
be described by the witness. Mr. Horsley said it
stated Phe was in Farringdon-market on Monday, the
sth inst., after she had slept at Playhouse-yard. She
there met two girls named Gunn and Bailey. They
asked if they would go to Mrs. Barber and beg her
pardon for having taken the falSe oath about
the half-crown and pair of boots. She said
she would as she was led into it by a man named

.1 Eloppie" Pettit. It was merely through the induce-

ment of Pettit and Daly that she had swore that she had
offered to her half-a-crown and a pair of boots. She
said Ellen Daly said she bad had beer, but she meant to
swear she bad not ; that Pettit and Bailey both said
to her it was better to have halt-a-crown a day every
time they went up for Mr. Pottar than to give evidence

for Mr. Barber. The statement concluded with the
assertion that it was in consequence of the persuasion of
these two parties that she had told Mr. Potter what she
had done.

Mr. Sleigh (to Mr. Elorsley)—Have you seen Ellen

Mr. Horsley—No.
Mr. Sleigh here made an application to the magistrate
to order an officer of the court to see if Ayres was in
the vicinity of the court, and that she did not leave with
out permission.

The girl was brought in, and ordered not to leave
without perraisaion.

Mr. Sleigh (to Mr. Ef orsley)--You are a member of
he finance committee ?
Mr. HorOey—Yes.

Mr. Sleigh— What was Mr. Barber??

Mr. Horsley—He was the director under the.com•
mittee of managers. He was not the manager of the
society. It was his duty to take charge of the stores so
far as they were under his control, but the flour and
biscuits were under the control of the matron. Such
articles were always taken to the matron's room and

locked up.
Mr. Sleigh—Were the duties of Mr. Barber laid down
in any book ?
Mr. Horsley—l believe so. I was never present at
any meeting at which he was re-elected or re-appointed.
I do not know anything of his original appointment.
Mr. Sleigh—Have you the book of the institution in
Court!
Mr. Joyce—The book is here. You can see it, but
it is not intended to put it in evidence.
Mr. Sleigh took the book, and was about to show it
to his client, when it was objeCted to his seeing it.
Mr. Joyce—l do not object to your seeing it, but I
object to its being examined by your client.
Mr. Sleigh returned the book, and said he did not
wonder that the books were objected to be examined.
The learned counsel was about to examine the witness
relative to the action for slander which was pending,
when

Mr. Joyce objected, and
Mr. Horsley said, with great emphasis, " I decline to
answer anything which is not strictly evidence."
Mr. Sleigh—Oh, that comes well from a member of
the finance committee of this philanthropic institution.
(Laughter.)
The witness was further examined at great length
upon the way in which the examination of the girls
alluded to was taken down, but nothing material was
elicited.
Sir R. Carden—Was there any regular financial re-
port made to the committee ?
Mr. Horsley—None has been issued this year.
Sir R. Carden—Have you ever seen a financial report ?
Mr. Horsley—l have seen one in manuscript, but
never saw one printed. I have only been connected
with the institution for about a year.

Sir R. Carden—Do you know whether Mr. Barber
has received his yearly salary ?

Mr. Horsley-No.-
Sir It. Carden—As one of the Finance Committee,
you ought to know.
Mr. Horsley—l believe the institution is deeply in
debt to Mr. Barber.
The witness then stood down.
Mr. Sleigh said the girl to which Mr. Joyce had alluded
to, viz., Daly, was now in court, and he proposed that
the worthy alderman should rr-ex amine the girl, without
either himself or Mr. Joyce interfering, but it was ar-
ranged that this course should be adopted at a future
stage of the proceedings.
Mary Ann Gunn was nex:-, called. She said—l have
nti home. I slept in Gray's-;nn-lane Union last night.
I knew the Samaritan Institution before 1855, and I
have received relief from it up to the present time. I
rernembtr being at the institution on Christmas-day,
7855. 1 Q'ot in at half-past 1. I had beer, potatoes—
Sir R. Carden—You did not begin with the beer, did
you ? (Laughter.)
Witness—No ; I had meat, pudding, and bread. All
present bad the same. I did not dine there this year.
On the 29th of last month I was there, and bheard Mr.
Barber tell those who were present at the dinner of 1855
to stand up. Two gentlemen were with him. Mr.
Horsley, Mr. Barber's brother, and Mrs.
Barber were the persons. About ten persons
stood up. He said to me, " Did you have beer ?" Ayres
and Daly said they bad had beer. I did not hear any-
thing more, as I bad to leave the room. On the 31st of
last month I slept again at Playhouse-yard. I saw
Ayres and Daly there. On Friday, the 2d Jan., I saw

them again at Playhouse-yard. That was the day they
had given their evidence. I asked Ayres how Mr. Bar-
ber ha i got on. She said the evidence was such as
it would floor 'em. Daly said Mr. Potter had taken
her to his house, and had given her food, and would
continue to do so until the case was settled, and that
would pay her better than going for Mr. Barber. I
said to them, "And could you take a false oath that you
did not partake of the beer '?" and Daly said, " Never
mind that." That was all that passed. Ayres said, how.
ever, that she wanted two shillings to take a furnished
room, to prevent her knocking about, and the half
crown she should get from Mr. Potter would ju do.
They then asked we to go up on Mr. Potter's behalf,
and I said, no ; if I could not go for Mr. Barber, I
would not go against him.
Mr. Joyce—Did either of them say what evidence
had floored Mr. Baner.

Witness—No ; they said that the magistrate said
they should not want the half. -crown if their state•
ment was correct. I saw Mr. Pc' l,er at the institution
on the Wednesday before coming to the Court. On
Monday, the sth, I saw Ayres in Farringdon-
market. I asked her where her mate (Daly) was I She
said she was in St. Luke's Workhouse ; that they had
both been taken there by the police on Saturday even-
ing. I asked her how she could take a false. oath, and
she said she had been completely led into it by Daly and
a man known by the name of " Ileppie—his real name
is Pettit. She said Pettit and Daly came to
her to the market, and said lialr-a-crown would
be better in her pocket than el;ting in the
market, and that she had bet er go up for Mr.
Potter, and Pettit said he would take her to the house

if she would go. I asked her .if she would con-
fess she had taken the false oath, and she said
"Yes." I asked her if she would go lo the insti-
tution and say so, she said be wen eraid,
and would run away, as Daly intended to do, from
the workhouse. She cried, and i..id she was very sorry
for what she had done. I askei her if she knew the
nature of an oath, and she said she was ignorant of it. I
went to the institution with Ayre,, and a girl named
Bailey went us. I had not had amy communication
with Mr. Barber. When we gat to the institution, I
saw Mrs. Barber, and Ayres said she was Lorry she had
sp ken false, and Mr. Barber said she had better
watt and see a gentleman in the afternoon. We went
away and returned when the soup was ready. After we
had had the soup, Ayres spoke to Mr. Horsley, but I
don't know what she said. I have not seen Hoppie sinc3
the last examination.

Cross examined—My husband is still alive. He is not
able to work. • I have been in custody for breaking win-
dows in Northumberland-alley, and have been sent to
prison. It was through destitution. Bread was the
relief we got. They would not give us bread
so we broke the windows. I got six weeks' imprison-
ment for breaking the glass. That's three years ago. I
have been in prison more than once—about three times.
I have never done twee'pone days. I never had bread
and water diet in any r icon. I went in with the first
lot to the Christmas dinner in 1855. There were a great
many persons present. All the persons that sat at the
table I did had the beer. I had rather better than
half a pint. The beer stood on the table in little mugs.
It was all ready poured out. Some were yellow, and
some blue and white. The mugs would not contain a
pint, but more than half a pint. I did not see any
policemen inside when I went out. They did not come
in while we were eating our dinner. Upon my oath
there were no policemen in the room while we were
eating our dinner. The beer was not brought in after
they sat down to dinner. The moment we went
in and were seated the policemen went out.
One of the tables was within two or three feet
of the door. I did not sit at that one. The yellow
mugs were on all the tables, as far as I amid see. I did
not dine last Christmas ;my mother did—l did in 1854.
I don't recollect seeing either of the girls Ayres or
Daly at the dinner in 1855. Bailey and Ayres were
not on the same side of the platform that I was when
the people were told to stand up. Nobody took down
the names of the persons standing up. ThOre were
about 50 people present when they were ordered to
stand. I do not know what was said to those
ten persons because I did not stop till the last. I did
not see anything of Ayres or Daly any more hat day.
The conversation I had with the two girls was principally
with Ayes, but Daly must have heard it. On Wed-
nesday when Ayres asked me if I had partaken of my
dinner and beer, I said " yes," r.A she then said I had
better go up for Mr. Barber, as they were going
i up. They said they had seen J 3ar er about
it on the Monday. They said Mr Barber
was going to give them half-a-crown and a pai of boots.
On the Friday night Ayres was sitting by t e side of
Daly when I spoke to her, but there was plent of other
people at Playhouse-yard that night. They ould not
hear the conversation because of the noise. T:. ,ve not
asked any of the women who were sitting or
bench that I was on that evening to come ui
evidence in favour of Mr. Barber. Nobody a
room of the institution when Mr.-Iforeley w
down the evidence. Mr. Barber was prese
time, but he did not remain the whole
time. lam positive that when I asked Daly -

that she could take a false oath, she said 1" '1

that."

Re-examined by Mr. Joyce—My examit
,aken by Mr. Horsley once beforj I took Ay
nstitution and once slime. Up to the tim,
elling me that she had taken a false oath ]

seen Mr. Barber, and it wasfrom what Ayresi
I went to Mr. Barber and told him wil

prove. The persons belonging-to the institul
Chriitruas-day of 1855 kept order inside, and
outside the building. The people were let
servants of the institution. There was no trot
out—the difficulty was to get in.
Mr. Sleigh—What are the names in whicl
l'een convicted ?
Witness—Cooper was one of them, and
another of the names generally taken• (Lati
Mr. Sleigh—Where did you last lodge wit
band ?

the same
and give
is in the

!is taking
a short
of the
3W it was
ever mind

ation was
es to the
of Ayres
bad not
old me that
E I could
lon on the
the police
at by the
,ble to get

you have

Witness—ln Ormond-yard.
Sir R. Carden—Was there on the occa,
dinner ou Christmas•day, 1855, a mug to ea'

Smith wag
liter.)
your hus•

ion of the
11 plate ?

Witness—Yes. - 1
Alice Bailey—l am destitute, and have home. I
am 19 years of age. Co Saturday and Su ay last, I
was at the Refuge in l'ayhouselard. I s w the wit-
ness Ayres at the Refuge on Sunday. On t e Monday
morning, I saw her in Farringdon-mark . It was
then rainin2 hard. I was with Gunn whiz! she spoke
to Ayres. I don't recollect what Gunn said, but I beard
Ayres say, "She had been completely led in o it" by the
men Pettit and Bailey. Ayres said she was
sitting in Farringdon-market on Thurad4s' morning,
when Pettit carne to her . and asked h to come
to Mr. Potter. He told her a half-crown was etter in her
pocket then sitting in a—. market. e said she
then went to Mr. Potter's house, where he received
her dinner and tea. This convereati n occurred
yesterday. She said Harry Pettit told h to say she
had bad no beer, and to go on Mr. Potter' ..ide, as she
would get more than she would on Mr. Ba bees.
Sir It. W. Carden—l only think it right 0 Mr. Bar-
ber to say that not the slightest imputatio rests upon
him in consequence of the evidence of the e two girls,
therefore the charge of subornation of pelury fails to
the ground. (Loud and continued applaut
The further hearing of the case Was aga

'adjourned.

had entered the house by a hack window, who had mur-
dered both her children, and endeavoured to cut her
throat. The witness further said that the prisoner had
not enjoyed good health sine the birth of her youngest
child, and in June la,t she Was sent up from SttmioTd
to St. Luke's Hospital, and she (witness) accompanied
her there. She also frequently visited her while at St.
Luke's, and on each occasion she used to inquire most
affectionately for her children. She (the prisoner) was
in the hospital from June to the 27th of October last,
when she left, and after leaving accompanied her hus-
band into Lincolnshire, and brought her children to
town. Her husband and herself at that time went to live
in the neighbourhood of Covent-garden, and subse-
quently at Kennington.
?,Iliott—Y,,u say the prisoner always anxiously
inqu; -I about and evinced great love for her childre❑ ?
Witness—Yes, Sir ; she always did: _

Mr. WOodward declined putting any question to this
Witness.

l'Ace-constable W. 11. Cook was next called, and, in
addition to his former evidence, said that he took away
two of the three knives he found on the breakfast table
in the back parlour, where the eldest child wax found.
There were three knives on the table, but he only took
two, as those were closest to the body of the child. The
eldest child when found was sitting in an easy chair, a
table placed close up to him, and his head was resting on
his arms on the table. There were some toys or play-
things on the table at the time, and more nn the ground.
• In reply to the questions of the wagistrate this wit-
ness further said he had carefully examined the garden
and back part of the house, and could not trace the
slightest marks of footsteps. He also examined the bacsk
windows, and found them so secure that no person could
have entered the house by them. Of this fact the Wit-
ness was the more certain from there being a quantity of
dust on the window sills which had not been disturbed
for a considerable time, and which must have been re•
moved had anybody got in.
Mr. John Bushell, surgeon, of Kennington.lane, was
next called, and the evidence he had given on the rues.
day before read over to him. In addition to it he said
that since the last examination be bad examined the two
knives produced by the constable with a powerful micro-
scope, and on one of them he could clearly discern
globules of human blood, while the othtr was perfectly
free from any such stains.
Mr. Elliott—Did the knife marked with these globules
appear sharp /
Mr. Bushell—lt was sharp, and it appeared to me as
if it had been recently sharpened on a steel, or some-
thing of that kind. Mr. Bushell further said that on
examining the bottom part of the nightdress belonging
to the prisoner, and found in her bed in her room, be
found it deeply stained with arterial and not venous
blood, and it appeared to him as impelled on the part in
a spirt, or jet, and not dropped there.
Nlr. Elliott—ls it your opinion, Mr. Bushell, that
the prisoner inflicted the wounds on her throat herself.
or that they were done by somebody else ?
Mr. Bushel—lt is my decided opinion that they were
done by herself, for had they been done by another her
exertions to protect herself and prevent them would have
caused them to he much more severe. Besides, she
would have used her bands as her natural defene, and,
if so, they would have been injurer'. ; but on examining
them I cannot discover a scratch. On Tuesday last, on
examining her hands, I clearly saw the marks of blood
about them, particularly on the left hand and US finger
nails, though the hands had been washed.
Mr. Elliott—Was the knife you have described such
an instrument as the injuries inflicted on the deceased
children, and which caused tbeir death; might have in-
flicted with ?
Mr. Bushell—Oh, certainly. Indeed, the prisciner her-
self said the injuries upon her were done with a nife.
Mr. Woodward—l understand, Mr. Bushel, you
avoided putting any questions to the prisoner.
The case was then adjourned to a future day.

From the London Gazette of Last Night.

REDUCTION OF THE NATIONAL DEBT.

The Lords Commissioners of her Majesty's Treasury
havi,,c, certified to the Commissioners for the reduction of
the National Debt that there was no surplus of actual re-
yen no over the actual expenditure of the United Kingdom
of Great. Britain and Ireland, for the year ended the 30th
September, 1856,
The Commissioners for the reduction of the National
Debt hereby give notice, that no sum will he anplie.l by
them on account of the Sinking Fund under the provi-
sions o`: the Act, 10 Geo. IV., cap. 27, between the Ist
day of January, 1857, and the 31st day of March, 1857.
A. Y. SPEARMAN, Comptroller-General.
National Debt Office, sth Jan., 1857.

WAR DEPARTMENT, JAL 6.
6th Regiment of Dragoons—Lieut. Henry Timson to be
Captain, by purchase, vice Paxley, who retires ; Captain
Richard Henry Currie, from half-pay 6th Dragoons, to be
Captain, vice Timson, placed upon half-pay.
Grenadier Guards—Lieutenant•Colonel Thomas Hynde
King, from half-pay Unattached, to beCaptain and Lieut.-
Colonel, vice Brevet-Colonel S. Brewnrigg, 0.4, who ex-
changes.
sth-Regiment of Foot, Ensign Edwin Fell ifaig to be
Lieutenant, by purchase, vice Ross, promoted by purchase
to an Unattsched Company; George Alexander Shegog,
Gent., to be Ensign, by purchale, vice Haig.
24th Foot—Assistant-Surgeon Richard Wolseley, from
the Staff, to be Assistant-Surgeon, ♦ice Clarke, appointed
to the Staff.

27th Fed—Captain Herman Stapylton to be Major,
without purchase, vice Brevet Lieut.-Col. Durnford, de-
ceased ; Lieut. John David Downing to, be Captain, with-
out purchase, vico Stapylton ; Ensign Robert Lloyd to be
Lieutenant, without purchase, vice Downing; Gentleman
Cadet Laurence William Desborough, from the Royal
Military College, to be Ensign, without purchase, vice
Lloyd.
32.1 Foot—Lieutenant James Dugald Thomson to be
Adjutant, vice Rudman, who resigns the Adjutancy only.
41st Foot—Major Henry. W. Meredith, from half-pay,
Unattached, to be Major, vice R. 0. F. Steward, who ex-
changes.
43.1 Foot—Assistant-Surgeon John Duffin from the
Staff, to be Assistant-Surgeon, vice Croker, resigned.
filth Foot—Lieutenant George Lilly Mellish has been
permitted to resign his commission.
74th Foot—John Henry Tuke, Esq., Paymaster of De•
tachments on the Coast of Africa, to be Paymaster, vice
Dunbar, deceased. _ _ _

77th hoot—Lieut. and Adjutant W. S. Le Fouvre has
been permitted to resign his commission.
81st Foot —Ensign Frederick Schlotel to be Lieutenant,
by purchase, vice Frank Brown, who retires.
87th Foot—Lieut. Colmar Lynch to be Adjutant, vice
Gibson, who resigns the Adjutancy only.
21 West India Regiment—Henry Albert Pratt, Gedt., to
be Ensign, by purchase, vice Henry John Barker, whose
appointment on the let August, 1851, has b: 3n cancelled.
Ceylon Rifle Regiment—Joseph Albert Denton, Gent.,
to be Ensign, without purchase, ♦ice Hervey, promoted.

[PRIOR 4D. STAMPED 5

IntePlgence.

In cmsequenes of the large number of troops who
were required in the Crimea during the late war the
authorities at the War.offiee were unable to complete
the regiments serving in India to their proper establish-
ment, but the Duke of Cambridge has now given direc-
tions for the whole of the regiments on the Indian es-
tablishment to I,e raised to their war strength as early
as possible. With this view volunteering has com
menced from all those regiments on the home station
which are above the prescribed establishment. Up-
wards of 600 volunteer, have arrived at the Provisional
Battalion, Chatham, for the purpose of joining the
'various Indian depots of that garrison.
Her Majesty's steam sloop Hermes, G. Commander
Gordon, embarked a party of Royal Marine Artillery
yesterday morning at Portsmouth, and left Spithead in
the afternoon for the Cape of Good Hope.
The Primrose, 2,steam gunboat arrived at Portsmouth
yesterday afternoon from the east ward to be laid up.
The Stromboli, 6, steam sloop, Commander Burgess,
will be paid off this day at Portsmouth.
Her Majesty's steam blockship Pembroke, 60, Capt.
Fraser, will be " paid down" or " advance" this day at.
PArtsmouth, after which she will proceed for Leith
Roads on Coastguard service.
Tye iron steam troopship Megaira, 6, Commander
Purvi,, is getting nn very fast in her rigging and outfit
at Portsmouth. She has her topmasts pointed and top
mast rigging over the mastheads.
The Simoorn, 18, iron steam troopship, Commander
Cooke, is taking in provisions and stores at Portsmouth
for foreign service.

All the mortar vessels moored off Hard way (Gosport
i;Tion7) bhve been shifted out into Portsmouth harbour
wrenin on account of their swinging foul of the ships of
the line and others moored in ordinary when the wind is
from the westward.

The Spirit of the Age, from London for China, arrived
off Portsmouth yesterday with loss of anchors, chains,
&c. (slipped from in the Down,).
Tile gun-boats Pheasant, Master-Commander Henry
W. Allen, and the Pickle, in pilot charge of Mr.
Stewart, Queen's pilot of Woolwich, arrived at Sheer-
ness nn Monday evening, having put back from Mar-
gate Roads from stress of weather, while bound from
Woolwich-for Portsmouth—the Pickle with the loss of
one anchor and chain cable. The gun-boat Promi t
was lett riding in Margate Roads when the Pheasant
and Pickle put back. The weather has been excessively
boisterous, with the wind from north-ea:4 to east, with
heavy snowstorms.