The Sun.
London, England, 1850-05-21 00:00:00

THE SUN, LONDON, TUESDAY EVENING, MAY 21, 1850.

joint account. In addition to this, there was found
the sum of 5,0001. as a gift to Webster. True, it
might be said that these items together did not exceed
the sum Delafield had inherited from his ancestors.
He would now turn to the expense sheet, which
showed the personal expences to amount to 22,288/.
Bs. 91.; and another very startling item, 8591. for the
rent of a house in Berkeley-square.
His HONOUR—That was quite reasonable, seeing
that the bankrupt's income was 7,5001. a year.
Mr. LAWRANCE—Bat it would be remembered
that the capital was being exhausted. While
this sum was being spent the capital was being cast
abroad. The expenses included 2,8001. for carriages
and harness ; expenses to Brighton, 973/. ; expenses
to Hastings, in 1847, upwards of 2,000/. Then, after
that, there was an item which, to use the words of
Mr. Commissioner Goulburn, in a recent case, must
be termed a waste paper, amounting to 4,368/.
His HONOUR, looking at the expenses, wished to
know where the twopences and threepences came
from ?
Mr. COOKE said that those items were vouched.
His HONOUR said that the bankrupt's expenses
were 6,0001. a year.
Mr. LAWRANCE said that had the bankrupt lived
within his income there would have been no com-
plaint, but it would be found that his capital was ex-
hausted, and that it was the creditors who were pay-
ing the 6,0001. The outlay on the estate at Willow-
bank alone amounted to 8,0001. It was impossible
to look at the bankrupt's balance-sheet without being
not only struck, but staggered at the extravagance
disclosed by it, and the only apology that seemed to
Mr. Lawrance that could be urged in his favour was,
that he was extremely youthful, but he had kept no
account of the outlay, and he had daily monitors of
his personal expenses, not profiting, however, by
them.
His HONOUR—Then they ought to have been me-
morandums in two senses of the word.
Mr. LAWRAXCE—Yes. There were some facts in
the bankrupt's examination which he ought to have
the benefit of. When he was examined he showed
the greatest anxiety to give all the information in his
power, and unfortunately it was the only reparation
he could give. The bankrupt's examination showed
that he had been a partner with Messrs. Combe and
Co., and retired from the firm with a capital of
100,0001. There was no deed of dissolution. He
Was entitled to a reversionary interest of 6,0001. under
the will of his father. The bankrupt owed Beale,
senior, 3,0001. on bills of exchange which he pro-
posed to pay at 5001. a month, and in the event of not
keeping the payments up, the reversionary interest
was to become Beale's. Ultimately it did. Dela-
field gave Henry Arthur Webster, whom he had
known three or four years, the money to pay for the
mansion at Willow-bank. The conveyance was not
made to him (bankrupt). The mansion, which was
purchased from General Conyers, was pulled down,
and rebuilt at a cost of about 6.0001. From time to
time had lent Webster about 8,0001. He gave no
receipt for the loans. He was not returned as a
debtor. He had advanced him (Delafield) money
before he was of age.
His HoNouu asked how it was that Webster was
not returned as a debtor ?
Mr. COOKE said that an account had been filed re-
specting it. He owed Webster 1,5001. or 2,0001.
The matter had been investigated at a previous
meeting, and Webster had not been examined on the
other side.
His HoNona—But after paving all these expenses,
the bankrupt did not return Webster a debtor ; but
yet he sass that he recollected lending him 3,000/.,
and that the money Webster advanced was between
1,5001. and 2,0001. Why, the account was worth
looking at as a matter of curiosity.
Mr. LAWRANCE—If there was anything pleasing
in Willow-bank, the account might as well be looked
at; and it would be seen that that which was good
enough for General Conyers was not good enough
for the bankrupt. It would be seen that in addition
to the gift of 5,0001. to Webster, and the outlay of
6,0001. or 7,0001. on the premises at Willow-bank,
there was a sum for liabilities, principally on account
of Webster—.
Mr. COOKE said that none of the liability creditors
had been allowed to prove.
His HONOUR supposed that the proofs were re-
jected on the ground that their remedy was against
Webster.
Mr. LAWRANCE then referred to the bankrupt's
examination of the 18th of August, from which, he
said, it would appear that the bankrupt had fallen
into the hands of those older and wiser than himself.
It appeared that he first became acquainted with
Beale, who was then manager of the Opera House, in
the spring of 1847. In August, 1847, Beale came
to him in his box at the theatre, and said that they
were at a loss for money to pay the money due to the
artistes ; and, after some conversation, the bankrupt
agreed to give his promissory note for 3,0001. The
whole of the account fell on the bankrupt. The opera
season terminated in 1847. In November, 1847, the
bankrupt and Beale entered into partnership, and in
December Beale went out of the firm.
Mr. COOKE—One month after it was formed.
Mr. LAWRANCE—The debts fell on the bankrupt.
Beale had no money, but some time afterwards he
made an advance to pay Grisi and Mario. Bankrupt
told Beale that he was going to get out of the way
from arrest, that he had made an account of the
salaries, which were 4,000/. He received nothing
from Mr. Beale. He then left the country and went
to Brussels. He had had a great many actions against
him between March, 1848, and August, 1849.
During the season of 1848, Delafield had said he was
utterly ruined.
His HoNouß—Ho said " I was, in fact, entirely
ruined at the end of the season of 1848."
Mr. LAWRANCS—On being ruined, according to
his own showing, a man ought to have called his
creditors together and put the theatre in their hands,
but he had continued to go on recklessly and improvi-
dently, or, if that was not strong enough, the con-
traction of any debt by him after that period was
dishonest. The bond as to the money coming out of
the brewery was pledged, as was also his reversionary
interest.
Mr. COOKE—That was in the middle of 1848.
Mr. LAWRANCE—And after this, when he was re-
ceived, it was not shown that he had even given up
his horses, or in any way broken up his establishment.
llis HONOUR--I see it was in 1848 when he exe-
cuted the assignment of the reversionary interest in
favour of Beale.
Mr. LAWRANCE—And it was quite evident that
Delafield must have known the state of his affairs, for
the books of the theatre were kept with singular
accuracy. He (Mr. Lawrance) considered that from
the season of 1848 the bankrupt was not justified in
spending one shilling, and what he was spending was
at the expense of the creditors, and it was shown that
he had expended 22,000/. in two years. It was again
complained that the bankrupt had pursued a reckless
course after he knew he was ruined and irretrievably
insolvent. He had also executed an assignment in
July, 1848, in respect of a debt for which he was not
liable, and he might have saved the creditors ex-
pense by calling them together. The season of
1849 was disastrous, the losses being 25,0001., and
the whole of the assets had gone into this ruinous
engagement. It might be said that engagements had
been made for a series of seasons, and that he could
not get rid of them, but he ought then to have
become bankrupt, and not at a time when he had
not got a shilling. In March, 1849, he also exe-
cuted an assignment in favour of his own attor-
ney, to secure a debt of 1,7501. Webster was
engaged in that as well as Delafield, and it was
proposed that the household furniture and plate should
be assigned to him (Appleby). If this was Webster 's
property, why should Delafield interfere ? By a deed
signed on a Sunday morning, at Mivart's Hotel, De-
latield disposed of all interest in the Willow Bank
property, and there was no opportunity of the cre-
ditors questioning it.
His HONOUR—That was to Beale ? Mr. LAW-
RANCE—Yes. On the 21st April, 1849, he assigned
every shilling to Mr. Beale.
His 'lom:suit—And then disappeared.
Mr. LAWRANCE—This was an assignment to secure
not only the 1,000/., but any future advances. It was
said by Beak, that he had advanced on account of the
theatre
evr 7,000/. That made it all the worse, for what-
was advanced after 1849 was at the expense of
the creditors. The bankrupt had also quartered
Webster on the theatre for a maintenance, for he was
otoperne.ceivTen7astlw. aasmaol
also
hat as long
exp e an ss thee o f
the theatre ae tr re ed
creditors,
who were most reasonably complaining. He would
now come to the grievance complained of by Mr.
Eversfield. He was at the University of with
portionarch,
in
Delafield, who had certainly brought w
of its follies, not to say vices—he borroweai ay
1846, 5,000/. Mr. Eversfield was now a creditorl4,6oo/. A memorandum was drawn up, and interestfor
at 5 per cent. was to be paid, and the principal to be
paid that day twelve months, but, as Mr. Lawrance
was instructed, his client was not aware of the
limitation.
Mr. COOKE—That is an assumption. The docu-
ment is signed by himself.
Mr. LAWRANCE—In February, 1848, Eversfield
instructed his attorney to take proceedings against
Delafield for 5,0001., and the latter pleaded to the
action that he did nut promise in manner and form
except as to 4501., the
action, amount
he g
interest.ave the
Eversfield
e
being defeated inthat
letter,w as a
forwh
cphay4 ern
itk, e
,a,n,
asd stthaet e
dr eisnu lat
secondh c tni tni,c ien
i i
appeared as the bankrupt's solicitor.on D Delafield
12th
d took no
step to pay him a single shilling, of
April, 1849, a few days before the assignment
Beale, he pleaded the general issue,
but
soignntmheenlt7ttho
of April the bankrupt gave a jud e s
payment order forthe
amount. amount. The judge's order was for
on t
e Dispatches we
re received yesterday, at the Colonial-
24th of April, and on the 23d Delafield left tne coup- office, from the Governor of the Cape of Gcod Hope,
try. (Mr. Lawrance) complained that a gross and also from the Lord High Commissioner of
the
Who bran Islands, fraud had been committed ou Mr, Lversfield,

klpersestetnracdeinfogr.
say-
iwnagythbaet h e attacked,had
beenan d
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of
r reckless
In
he
bt hoioskcsa s
hade there
nwaadsmni or
aabcl
yc o mw
eml
lo dkae ti
p to.n
Hp ai
sp eprr,i
vaant
ed
et
penses were vouched, with the exception of the 4,0001.
called a waste paper, which was a mere nothing,
seeing that the bankrupt had 100,0001. Character to
this young gentleman was of the utmost importance,
and there was not a single person who came forward
to say that he had deceived them.
His HONOUR wished to know something about the
2,0001. lost by the performance of the Brussels
operatic company ?
Mr. COOKE said that they were considered to be the
best in Europe. The climate did not suit them ; they
caught cold and could not sing.
His HONOUR said that there was another advance to
Mr. Charles Mathews, at the Lyceum season in 1849.
Mr. LEWIS said it was in 1848, before the ruin took
place.

His HONOUR said he would defer giving judgment
for the present.

~3

•[AN` ,

_

•~•+ic'gwi.

had been treated by him at defiance. He trusted
that this case would be treated without regard
to the bankrupt's position, and looking at the
figures, he thought that a strong case had been made
out against him. It was not for him (Mr. Law-
rence) to deal upon judgments the Learned Commis-
sioner had given, but he must name a case of' a trader
whose debts were only 4001. or 5001. In that case
the bankrupt had delivered over a valueless agree
ment to his friend, and some miserable articles of do-
mestic furniture. The certificate was there suspended
for two years. The complaint against the bankrupt
was, gross and reckless extravagance, improperly
making away with property, and aggravated miscon •
duct towards Eversfield; and from the manner in
which he had disposed of his property, showed that
he was not a person entitled to go into trade again.
The bankrupt was a'young man of health and energy,
and therefore ought to be compelled to mortgage a
portion of his future earnings. The same course had
been adopted in two cases before Mr. Commissioner
Fonblanque, viz., Hensman and Hensman and that of
Lord lluntingtower. Delafield stood alone in the
'world without encumbrances, and something like res-
titution was necessary for the creditors.
His HONOUR was not aware that any case had been
decided, so as to enable him to make any difference
between Eversfield and the other creditors.
Mr. LAWRANCE thought not. He then made some
observations upon the judgment given by his Honour
in the case of Martin Luther Pritchard, showing that
the proceedings in this court were looked to with ab-
sorbing anxiety out of doors. Having mentioned the
case of a trader who had obtained a first-class certifi-
cate before Mr. Commissioner Holrovd, and in which
two large houses had immediately given him credit,
the Learned Advocate concluded.
His HONOUR then remarked upon two gentlemen
having met him in the street and complimented him
upon a judgment which appeared in the morning
journals, but that was due to Mr. Commissioner Hol-
royd, for it referred to the case of Gibson and Sturt.
Mr. COOKE quite agreed with his Learned Friend
as to the interest the proceedings in this court excited
in the public mind. This Court was to see the dis-
tinction marked between a man who had commenced
trade recklessly and dishonestly, without a shilling
of capital, between a man advanced in years, of
long experience in trade, and with a perfect dis-
regard to his own character, and incur debts to a
large extent, without giving the creditor any advan-
tages. The public like to see a distinction from the
case of a young gentleman who had had no experi-
ence in trade, who had been brought up in the lap
of luxury, a man who had a large fortune, and who
had been brought in by experienced men to stop a
gap they had caused and could not fill up, and all his
friends had been engulphed. That was the case in
which the public did like to see a distinction. With
respect to the cases before Mr. Fonblanque, it was
different when a man came to be relieved by a pro-
cess called white-washing, and if a man can do any-
thing through the exercise of his judgment, it was very
proper to make future exertions for his creditors.
Was this the case of a dentist seeking protection
from the law (giving up nothing to his creditors, and
never would lose) to prevent oppression from
the law. In such a case a man ought to do
something hereafter for his creditors. In the
case of Hensman, that was where a young man
had great expectations from an aged aunt, and
came to this court to be relieved, expecting the
death of that aunt. The Court, however, said it
would refuse the certificate, or suspend it from time
time till she did die. The case of Lord Hunting-
tower was, where there was a large family fund, and
great expectations there were from that fund. He
would remind the Court of a case in which it had
been asked to annex certain conditions. It was that
of M. Jullien, and after consideration his certificate
was granted withoutany conditions.
his HONOUR—That was a case in which he was
shamefully defrauded.
Mr. CoOKE—By the great talents he possessed he
was likely to realise a large amount of money. With
respect to Mr. Delafield, it was deemed advisable, that
he should have a first-class certificate, and an offer
was made to the creditors. He had nothing to offer,
and what there was would have come from his friends,
but as he could not have a first-class certificate, they
said it would be useless to pay their money for his
debts. In the first instance it was said that the bank-
rupt was not fit for trade, and then directly after-
wards it was asked that he should set aside a portion
of his future earnings. There was no chance of an
arrangement in any way, and with respect to the
4,600/. advanced by his old friend, he did not ask for
any certificate. If any arrangement could be made
in respect to that, it would be paid, for Mr. Delafield
felt that claim as strongly as anybody. He (Mr.
Cooke) expressed his surprise at the quarter from
which the opposition came, and when none of the
other creditors complained, and when the trade debts
were not more than' 100/. or 2001. Instead of this
gentleman commencing without capital, it was pain-
ful to him and all persons to know that he had lost
100,0001., and there was really nothing in this young
gentleman's conduct deserving censure. When he
was at Oxford he contracted debts, and had every
facility for so doing, but they had all been paid. He
came of age in 1845, and being then in possession of
106,0001., was it not likely that he was pointed at by
the clever people of this city as being a gentleman whom
it would be advantageous to look after ? It was through
his own good feeling that he did not go to the gambling
heu,e but unfortunately he had a delight for music,
and he: took a box at the Opera House, which was
the cause of his career. He was sitting in his box
when Beale went in, and one could help the little
flattery and delicate talk, when he was pointing out
the splendour of the scenery, the beauty of the actors,
and charms of the dancers. At present, said Beale,
(as alleged), they were in difficulties, and could the
bankrupt give his note for 3,000/., which would
shortly be paid. Now, there was a flattery in that.
He gave it ; and when they found they had that faci-
lity, it was not likely he would be allowed to remain
quiet. They led him daily, in innocence of the snare
prepared for him, until he found himself totally
.engulphed. At last he was to come into the
theatre, and pay no more than 15,0001., but he
was left, and lost his all. It was all very well
i,seamrci.o ccTsiao x
npdn
these s of
to say, why did you not go to some friend to
s
advise you to have nothing to do with it? He was
unwise enough to take it, and that was his only
fault ; but such words as dishonesty were not to be
applied to this bankrupt, whose very feelings ab-
horred it, and who had as high a character as any
man. No evidence of dishonesty had been given, and
he defied the world to say that he had given any
fraudulent preference, or that he had contracted a
debt by means of any misrepresentation. It had
been said that he ought not to have kept in the theatre
so long, but he had no time to leave it. He had
made no engagements, they having all been made
prior to his taking it. He had lost 59,000/. before
one year was over. He was in the wheel, and could
not stop himself ; the machinery worked with that
rapidity that he could not get out of it. The other
parties did not like the machinery; they could get
out of it, and got him into it. The artistes had
got 59,000/. out of Delafield, and if he had
stopped in 1848, the result would have been the
gettingrnaso Hleusgs
uutephnaont operanla4n,doopop
orL Were
c,a
el
eecanar sli e
yf
there o
a af heavy,
case
hyoungoasf
apniyiy,
dishonest gentlemanan d not
, scit r
Wasut mustnitn
i si
nbo et
every little thing in a man's career ? He (Mrg.
Cooke) contended that there was no impropriety in
the case, and that there was a large debt due to
Webster, who was an old friend of the bankrupt's.
It was expected that there was about to be a marriage
in the family, and was it astonishing that Delafield,
who then scarcely knew how easily 100,000/. might
be got rid of, should lend his old friend 5,0001? Then,
with respect to Appleby, he had paid liabilities for
neweadaaloso ef
the bankrupt, and would not go farther without se-
curity, it was to be expected he would require it,
and it was given. What assignments the bankrupt
had given was in no way disadvantageous to the cre-
ditors. Then, as to the action of Eversfield, there
appeared to be some angry feeling between the at-
torneys; and when these monarchs of the law quar-
relled the unfortunate clients often suffered. The
debt due to Eversfield was a friendly one, and the
bankrupt still felt it as such. His money, as if by
some magic stroke, had all disappeared ; and, with
respect to not coming to the Court before, there was
no doubt that Mr. Delafield was not aware that
be was amenable to the bankrupt laws. He spe-
culated with his own money, and, if its awaking from
a feverish dream, all had gone. His conduct as a
trader, which the Court had to consider, could in no

George ced at the bar, charged with
having stolen Lewisleltis
olena'g:lads brequet chain and key, the pro-
perty of Miss Harriet Jane Butler, of 152, Albany-
street, Regent's-park.
Prosecutrix stated that on Saturday night last,
after winding up her watch, she put the gold chain
and key in a box in her bedroom, and that on the
following night she missed the said articles ; on the
next morning (to-day), after breakfast, she went up
into her sleeping apartment to make a further search
for them, and found the prisoner under her bed,
when, being terribly alarmed, she gave a loud scream,
and assistance speedily arrived.
Mr. John Blaekwall said, that in consequence of
the cry which was raised he went into the house, and
assisted in pulling the prisoner from his hiding-place
beneath the bed.
Police-constable 191 S said that when he went
into the premises he found the prisoner secured in
the parlour by the last witness and another ; prisoner
told him (the officer) that he had been in the house
two whole days. At the station he was searched,
and the stolen property was found in his possession.
It was further stated that the prisoner was the son
of an old servant in the family, and that he (the pri-
soner) had upon a former occasion been charged with
felony and cunvic'ed.
The property was produced by the constable and
identified by the prosecutrix ; and the prisoner, who
had nothing to say, was remanded, in order to insure
the attendance of the officer who could give full proof
of the previous conviction alluded to.
LAMBETH.

William Knight and _Henry Stark, two notorious
burglars, who have been in custody for some days,
on suspicion of being concerned with a third party,
not in custody, in committing a robbery at the house
of Mr. Maddle, 14, Caremont-place, Wandsworth-
road, on Sunday the 28th of last month, when Sarah
Snelling, the housekeeper of that gentleman, was
found dead in so mysterious a manner, were brought
up for re-examination. The prisoners, with a third
man, having been observed in the Wandsworth-road
in the forenoon of the day of the robbery, and not a
great distance from the house of Mr. Meddle, by
Cook, the gaoler of this court, the circumstance, to-
gether with the notoriety of their character, caused
suspicion to rest on them, and in a few days after
Stark was secured, but the fact of his apprehension
was kept secret, so as not to drive the other away.
On the evening of Sunday week the other prisoner,
Knight, was secured, and on his person was found a
perfect set of house-breaking implements. The third
man, who was the most remarkable of the three, and
who, it was said, could have been spoken to by more
than one person who had seen him close to the house
of Mr. Meddle, during church hours on the morning
in question, has managed to evade the vigilance of the
police. The officers engaged in the case said they had
no more evidence to offer.
Mr. ELLIOTT, addressing the prisoner Knight, ob-
served that there could be no doubt, from the imple-
ments found upon him, that his intention was to com-
mit a robbery at some place on the evening he was
taken into custody, and he should therefore commit
him to the House of Correction for three calendar
months. The other prisoner he should discharge.
SOUTHWARK.
Yesterday Jonas Hickey, a
powerful young man,
was brought before Mr. A'Beckett, charged with
violently assaulting Mr. Henry Da Costar and his
wife, and attempting to rob the former, on the pre-
ceding night.
The complainant stated that as he was returning
home the preceding night, accompanied by his wife,
the prisoner came up to them near the obelisk at the
bottom of Blackfriars'-road and solicited alms, saying
that he was a hard-working mechanic in distress, and
had not the means of getting a night's lodging. Coin.
plainant having no change, went into a public-house
near the spot, and called for a pint of porter, which
he gave to the prisoner, who drank it off, and then
gave him twopence besides. He and his wife then
walked on towards Great Union-street, where they
lived, but had not proceeded many yards when the
prisoner came up to them again, and, taking off his
cap, said that twopence was of no use to him, and
begged that he would give him sixpence. Com-
plainant, astonished at the impudence of the prisoner,
said that he certainly should not give him any more,
upon which the latter ejaculated, " Then I will have
what you have got." The moment he uttered
these words he struck Mrs. Da Costar a blow on the
breast which knocked her down, and he then
rushed upon him,' struck him several times,
when he loudly called for assistance, and fortunately'
a policeman, 272 M, hearing his cries, came up and
secured his assailant on the spot. The complainant
found that his watch bad been dragged out of his
waistcoat pocket, and was hanging by the guard-
chain to which it was attached round his
e timely
arrival of
neck, and he added that the prisoner must have fol-
lowed them for some distance, and availed himself of
the opportunity of attacking him and his wife when
they got to a rather unfrequented spot, and not far
e
from his abode ; that he (complainant) had not lost
any mow—Y which
,assistance,
as h
he hado
stod n
attributedo chancetoth
of de-
fending himself against so powerful an assailant as
the prisoner.

Policeman, 172 M, deposed that on hearing the cry,
of " Police," he ran to the spot, and saw the com-
plainant in the act of defending himself as well as he
could from the prisoner, whom he charged with
attempting to rob him. He (policeman) saw com-
plainant's watch hanging loosely by the guard chain
outside his waistcoat, and he at once took his assailant
into custody. When they got to the station-house he
heard the prisoner exclaim " that he knew where the
complainant lived, and that he would serve him out
when he got his liberty.
- The prisoner said that he had been drinkirg; that
he was never in custody before, and that had he not
been in liquor he would not bate acted as described.

POLICE INTELLIGENCE.
MANSION-HOUSE.
John and Mary Smith were brought before the
Lord Mayor.
Michael Haydon, the officer, said—Knowing the
prisoners to be thieves, I watched their movements on
the Old Swan Pier upon the arrival of a steam-boat.
The woman tried the pockets of several ladies, while
the male prisoner screened her, and looked round to
see whether she was observed. At last I saw the
woman follow a lady up the gangway, put her hand
into the lady's pocket and move it about, take out
something, and pass it to the male prisoner, who was
behind on the watch. I then spoke to the lady, and
in consequence of what she told me, I took the wo-
man into custody. The man contrived to get away.
I told the woman I charged her with stealing a purse
containing 83. 6d. from a lady. She said "Sure you
are mistaken ; lam a respectable woman." I lodged
her in the station-house, and at night I went to No.
11, Clement's-lane, Strand, where I knew the pri-
soner lived. At eleven o'clock I saw the male pri-
soner come up, and I took him into custody, and told
him what for. He said, " You surprise me." At
the station-house I found upon him six shillings in
silver, a sovereign and a half in gold, and some cop-
pers. I then returned to No. 11, Clement's-lane, and
with a key which I found in his pocket, I opened
the door of his shop, which is a sort of general
dealer's place, and I found there twenty-six dupli-
cates and a wig (here the witness produced a light-
coloured wig). I also found a silver watch and
guard. The female prisoner had a massive gold ring
in her hand.
The male prisoner frequently said, as the officer
gave evidence, that nobody could say a word against
him or his wife.
The LORD AlAvoa—Do you wish to ask the wit-
ness any questions ? John Smith—Certainly I do.
I wish to ask him how he knew me and my wife to be
thieves ?
having seen your wife in your com-
pany putting her hands into people's pockets.
Smith—When did you first see us do so?
Haydon—lnni
Jyl
oa
hy n d o n —l3y
Hungerford-market. You had been
both pointed out to me as thieves before that.
John Smith—And why did you not take us into
custody then ? Haydon—l had very good reasons
for not doing so. There are officers here now who
know you.
George Trew, the officer—l hare known the
woman for seven or eight years as the associate of
common thieves, and I have known the man for two
or three years. The man who used to live with the
female prisoner was tried and convicted at the Old
Bailey fur robbery.
John Smith—l defy any man to prove that lam
a thief, or that she has been a thief since she mar-
ried me.

I In reply to the magistrate, the policeman said that
" the prisoner might have been slightly under the
influence of liquor, but he appeared to be in that
state that he knew perfectly well what he was about.
Mr. A'BECKETT said that it was a very daring as-
sault, with intent to commit robbery, and that upon
that charge he should send the prisoner for trial.
Committed accordingly.
James Denham and James Wilson, two well-
dressed men, were brought up for re-examination,
the former charged with assaulting Mrs. Christina
Scowler, No. 32, Commercial-road, Lambeth, and
attempting to rob the house, and the latter prisoner
with being concerned in the offence.
John Scowler stated that he is a letter carrier in
the General Post-office, and that on Tuesday last,
about eleven o'clock, while in the kitchen, he heard
his wife call out " Murder," and he immediately ran
up to see what was the matter, and saw her lying in
the passage, and the prisoner Denham kicking her.
She had hold of Denham by the leg, but he broke
away from her and rushed out of the house. He
(witness) pursued her assailant and secured him, and
brought him back to the house, and upon hearing his
wife's statement he gave him into custody.
Mrs. Christian Scowler stated that Wilson was
lodging in her house, and that he came there without
a reference, as he asserted that he was a stranger in
London, and had just come up from Southampton.
Of late, however, she had reason for suspecting the
character of the man, and hearing him about the
house on the day in question, she left her husband in
the kitchen, and went up stairs to see what he was
about. She found Wilson standing at the street-door,
which was open, and he made some frivolous excuse
about being there. She was not satisfied, and she
opened the parlour-door, and saw the other prisoner
Denham walking from the back into the front room.
Upon this discovery he exclaimed that he came there
to look at the apartments, but she accused him of
being there for a very different purpose, and seizing
him by the coat, said that he should answer for his
conduct. He, however, resisted, and threw her down
in his attempt to escape ; but while she was down she
caught him by the leg, and held him, when he com-
menced kicking her, and she was at length compelled
to let go her hold of him as he dragged her along into
the passage, and he rushed out of the house, pursued
by her husband, who soon brought him back. The
complainant added that during the proceedings above
related, the prisoner Wilson stood at the street-door,
and ran up-stairs, and did not attempt to interfere or
protect her from the violence of her assailant ; and
that from that as well as other circumstances she
strongly suspected that they were associates, and that
it was their intention to rob the house.
The prisoner's solicitor contended that Denham had
walked into the house to view the apartments, as
lodgings were to be let, and that while so doing he
was seized and pulled about by the lady of the house,
and that it was the resistance of such an attack that
caused him to be rather rough in extricating himself.
With respect to the other prisoner, he was not
affected by the evidence, for it had not been found
that even the prisoners were known to each other, and
the circumstance of Wilson being at the door of the
house where he lodged had nothing extraordinary in
it, and could not be construed into any offence by
which he rendered himself punishable.
The complainant said that there was no bill to le
lodgings at her house.

Trew—Twelve months ago the prisoners were
turned out of St. Paul's, as they were known to be
common thieves.
John Smith—l have a right to go into a place of
worship as well as any one.
Robinson Webb—At the last celebration but one
of the Sons of the Clergy Anniversary, I pulled the
prisoners away from a crowd, and told them we would
have no thieves there. "Very well," said they,
" we'll go away quietly."—(Laughter.) The woman
is well known as " Hopping Hannah," one of her legs
being shorter than the other.
Mrs. Handcock said that upon landing from a
steamer at the pier, she was asked by Haydon whe-
ther she had lost anything, and upon putting her hand
to her pocket she missed her purse.
The prisoners were remanded.
Timothy Calabar was brought up by Deedy, the
officer, on suspicion of having stolen cash to the
amount of 401. in Cork. The officer had seen some
public notice of the robbery ; and having accidentally
seen the prisoner, and found that he was spending
money very profusely, accused him of the theft, as-
certained that there was foundation fur the suspicion,
and took him into custody.
A constable from Cork attended to-day, and the
prisoner, who was identified by him, was delivered
into his custody.
MARYLEBOIVE.

Coombs, a policeman of the L division, stated that
he had known Denham for some time to be the asso-
ciate of thieves ; that he also knew Wilson, and had
frequently seen him in the company of the swell mob.
Mr. ATECHETT sentenced Denham to two months'
imprisonment for entering and being found in the
complainant's house for au unlawful purpose; and
added that, although there were circumstances of sus-
picion against his fellow-prisoner, still that they were
not sufficiently strong to bring him under the pro-
visions of the Act, therefore he should discharge him,
and at the same time cautioned him as to his future
conduct, as he was now a well-known and suspected
character, and that if he were brought there again
he would probably not be so fortunate.

[The following appeared in ,our Third Edition 0:
last night :—]

FRANCE.

The Pope's Nuncio in Paris has addressed a cir-
cular letter to the Bishops of France, announcing to
them that the Pope having carefully considered the
Bill on Public Instruction, passed by the Legislative
Assembly, and having been apprised of the religious
scruples entertained by some prelates against sitting
in the Superior Council with Protestant Ministers
and a Jewish Rabbi, his Holiness recommends the
Bishops to make all the sacrifices consistent with
their duty in order to save society from the dangers
to which it is exposed at the present moment. The
Nuncio reminds the Bishops that France, at the
commencement of the present century, gave an ex-
ample of as severe a sacrifice in order to preserve
and to restore the Catholic religion. His Holiness
expresses his disapprobation of mixed schools, and
exhorts the Bishops, in case such should be esta-
blished in any diocese, to take measures to secure for
the Catholic children the advantage of a separate
school. " For," says the Nuncio, " the Holy Father,
bitterly deploring the progress which indifference in
matters of redgion has made in France, as in other
countries, and which has produced terrific evils by
the corruption of the faith of the people, anxiously
desires that on this important point all pastors shall
profit by every opportunity carefully to instruct the
faithful committed to their care on the necessity of a
single faith, and a single religion—truth being one—
to remind them frequently of their duty, and to ex-
plain to them the fundamental dogma, that out of the
Catholic Church there is no salvation."

emplification of the best manner of presenting sur-
faces to resist the force of the wind, Professor Fara
day adduced his personal experience during the past
week on Woolwich-common. He said he had put
up his umbrella to screen himself from the wind, but
when in the first instance he held it to windward, he
found that the umbrella afforded very imperfect pro-
tection. He then placed himself between the wind
and the umbrella, and in this apparently exposed
position he found himself much more protected
than before. To illustrate this effect a convex glass,
to represent an umbrella, was fixed on a rod, and
a lighted candle was placed near the middle, and
the light was moved against the air backwards and
forwards. When advanced with the glass screen
before it, the air rushing in to supply the place occu-
pied by the glass caused the flame to flicker; but
when the candle was advanced in front of the screen
the flame burned steadily. The application of a jet
of steam to increase the blast of locomotive engine fur-
naces was illustrated in a variety of ways. In the
first place the lower end of a bent glass tube was
placed in a dish containing coloured liquid, the upper
end being inserted into a larger and horizontal tube.
A jet of high-pressure steam was then directed
through the larger tube, which carried such a rush
of air to supply the place of the air expelled by the
steam, that the coloured liquid rose to nearly the top
of the perpendicular part of the tube. The effect
of the steam jet was shown by the direction of a large
coloured flinie, and by the smoke of ignited gun-
powder, the latter being blown out at the further ex-
tremity like smoke from a cannon, though the gun-
powder was exploded at the opposite end. Professor
Faraday concluded by showing a very curious experi-
ment illustrative of the force of a jet of steam. The
jet from a strong digester having been directed up-
wards, he placed an egg in the issuing steam, by the
force of which it was sustained in the air, dancing
about with great briskness.

INSTITUTION OF CIVIL ENGINEERS.
On Tuesday, May' 14 (William Cubitt, Esq., pre-
sident, in the chair), the paper read was " On the Con-
struction of the Permanent Way of Railways; with
an Account of the Wrought-iron Permanent Way,
laid down on the Main Line of the North Midland
Railway," by Mr. W. H. Barlow, M. Inst, C. E.
The author commenced by entering into the ques-
tion of the maintenance and renewal of the ordinary
railways, analysing very minutely the expenses
under the different heads, and showing to
what causes the derangement of the line
might be attributed. The cost of maintenance was
stated to be dependent on two causes, the effect of
weather, &c., and the disturbance produced by traffic;
and from a summary of the expenditure of the dif-
ferent lines belonging to the Midland Company, it
appeared that the former amounted to 201. or 301. per
mile per annum, and the latter varied from. 2d. to
2.7 d. per train per mile. After a line was consoli-
dated, by far the greater part of this expenditure was
due to the derangement caused by the passage of the
trains, which first produced an uneven joint, then
loosened the joint key, and then disturbed the sleeper,
so that at length the whole of the permanent way ge-
nerally was degraded.
With regard to renewal, it had been estimated by
the officers of the London and North-Western Rail-
way, that on their line the rails would last twenty
years, and the sleepers, if " creosoted," twenty years,
but if unprepared only, twelve years ; now as the
duration of service of the rails was dependent on the
amount of the traffic, and that of the sleepers on the
weather, it was quite evident, that on lines having less
traffic than the London and North-Western, the pro-
portionate expense of renewing the sleepers would be
much greater, and would increase as the amount of
traffic diminished.
In endeavouring to seek a remedy for this, the
author conceived, that, by increasing the dimensions
of the bridge rail, sufficient width might be obtained
for it to take its own bearing in the ballast, without
the use of either transverse sleepers or longitudinal
supports ; and, moreover, that such a construction
would possess great strength, be very durable, and be
capable of being renewed at a moderate expense.
He therefore proposed a bridge rail, 13 inches
in width, 5i inches in depth, and weighing
1261b5. per lineal yard. There was some difficulty
at first in getting it manufactured, but Messrs.
Bolckow and Vaughan, of Middlesborough-on. Tees,
had overcome all the practical difficulties, and now
produced rails of the required size, with hard metal
in the uppor portion, and ductile metal in the lower,
by which both durability and strength were insured.
The joint was made by either a cast, or wrought-iron
chair, or saddle, which received the ends of the rails,
and into which they were keyed with wooden keys.
The gauge was preserved by means of
,a tie-bar, fitted
and keyed into sockets on the chairs.
An experimental length of road on this construction
had been laid down on the main line of the North
Midland Railway, the cost of which was 3,3231. per
mile ; but it was thought, that in future this might
be reduced to 2,487/. per mile, by reducing the
weight of the rails to 1001bs. per yard, and the chairs
in proportion, as it was found by experiment, that
these rails were greatly in excess of strength, being
as much as three times stronger than that of the ordi-
nary double-headed rail.

A mile of road had also been laid upon the same
ine, with cast-iron sleepers, adapted to the ordinary
rail, as introduced by Mr. P. W. Barlow, M. Inst.
C.E.; and another mile had been laid with these cast-
iron sleepers at the joints only, but having interme-
diate sleepers of timber.
The motion of the trains over their several experi-
mental lengths was firm and steady, there being no
perceptible difference between the two latter descrip-
tions.

In the discussion which ensued, in which Messrs.
Hawkshaw, Brunel, Locke, M.P., P. W. and W. H.
Barlow, and Glynn, took part, the relative advan-
tages and disadvantages of the different systems of
perminent way in present use were discussed, and
also in some slight degree compared with that pro.
posed by Mr. W. H. Barlow ; but it appeared to be a
general opinion, that no one system of laying a per-
manent road could at present claim a great superiority
over any other; and that, in reality, much more de-
pended on the good quality of the materials used in
its construction, than in any particular way of
laying it. The objects to be attained were—simpli-
ci'y of construction, so that there should be as few
parts as possible to get out of order, a perfect joint,
and economy of maintenance; and though the two
first of these desiderata were admitted to be obtained
in a permanent way with bridge• shaped rails and
longitudinal timber sleepers, it was contended that
they were, to some extent, counterbalanced in a road
laid in the ordinary manner, with double-headed rails,
and cast-iron chairs, as, in some instances, after being
turned, the second table was found to be more durable
than the first.

Whatever might be the result of the discussion, it
was admitted that the subject was one of great im-
portance, and that the introduction of any improve-
ment in so vital a point as the " permanent way"
would confer a great boon on railway property.
It was announced from the Chair, that the Presi-
dent's annual Conversazione would be held on Tues-
day evening, May 28th, for which the co-operation
of the members was sought, so that an interesting
collection of models or engineering constructions, and
of specimens of works of art, might be made • and the
meeting was adjourned until Tuesday next, May 21st,
when the ballot for members would take place, and
the following paper would be read :—" On, Printing
Machines ; especially that usftd in the Printing of the
Times newspaper," by Mr.,Ed ward Cowper.

RAILWAY SHARE MARKETS.
LIVERPOOL. MAY 20.
STOCK EXCHANGE.—The market has been dull to-day at
the quotations. The transactions were as follow:—London
and North-Western, New Quarters, 6s. 3d. dis.—Lancashire
and Yorkshire, Quarters. 16% dis.—Ditto. Fifths, 10 dis.—
Ditto, 'Halves (Huddersfield and Sheffield), 1734 Ditto,
Fifths (West Riding. Union), 834 dis.--Mieland, Halves, 28%
—North Union (A), 2321 A—York, Newcastle, and Berwick
(G. N. E. Purchase), 6 per cent. till 1850, 6% C. dis.
MANCHESTER, MAY 20.
Srcicir ExerrAscug.— Our share market was dull to.day,,
but prices remain firm. The most remarkable feature is the
rise in the price of .Lancashire and Yorkshire .Fifths, from.
some cause which is not known beyond Change.. The.
transactions were as follow :—London and North-Western,
New Quarters, 114 dis.—Ditto, Manchester and Birmin*
ham, Quarters (C), 7-16 p.--Manchester. Sheffield, and Lin;
colnshire, 133/—Lancashire and Yorkshire, Fitths, 97-16--
Birkenhead, Lancashire, and Cheshire Junction,' 19%' dis.
BIRMINGHAM, MAY 20.
STOCK EXCHANGE.—The amount of business transacted
to-daY,^Paitiv owing to the Whitsun holidays, was.small, bat
prices were Arm, and, in some descriwtions of railway stock
there was a decided improvement. The immense increase in
the traffic of the London and North-Western, as shown by
the last published weekly returns, has produced a• favpurable•
effect upon the shares of-that company.

' THE CAPE' OF LiOOD gopE.--- w e have received
' files of papers from the Cape to the 20th March inclusive,
but they bring no news of interest.
A VETERAN.--One of the most remarkable men
, in the British army for his services is 'Wm. Lyons, late set.-
, geant 88th or Connaught Rangers, and now barrack-sergeant`
at Mallow. The following is a summary of his military.,
life:—He entered the service in the year .1799. Served in"
the East Indies. Was with the expedition to Egypt in 1804,
under the command of Sir David Beard, in the first.l3ritish
regiment that ever travelled the long deserts of Egypt. Ac-
companied the Expedition to South America in 1807, and
the attack on Buenos Ayres. Proceeded to Portugal in 1809,
and thence to Spain and France. Fought in the whole of
the Peninsular campaigns under the Duke of Wellington.
Proceeded to North America in 1814, and was at the attack
on Platsburg. Returned to England, and again proceeded to
Flanders in 1815 and France. Had the honour of' being pre-
sented with a silver Maltese cross, from the gallant old officers
of that brave corps, for twelve general engagements on the
Peninsuls, with the following_ inscriptions :—Egypt, Talavera,
Busaco, Fuentes d'-Onor, Roderigo, Badajm, Salamanca,
Vittoria, Pyrenees, Nivelle, Nive, Orthes, and Toulouse. He
has been recently presented with the Penindala medal and
12 clasps for his distinguished conduct, and is iii daily ex..
peciation of another honour being conferred- on Jilin for
Egypt. Besides the general actions in which be was en.
gaged, he _fought in •innumerable skirmishes. He was be-
trayed in South America, and was taken prisoner in North
America, and encountered a great Tariety pf other lonia_
tws,.....CorhAgatnityr. ,