The Sun.
London, England, 1850-04-02 00:00:00

March 30.

The business of the assizes was brought to a close
this afternoon. Both Judges sat till near three
o'clock. Before Mr. Justice Matteson three men were
tried successively on charges of rape, and each sen-
tenced to fifteen years' transportation.

NORTHERN ClRCUlT.—Liverpool, April 1.
CROWN COURT.—(Before Mr. Baron ALDER..
80N.)

John Johnstone, aged 53, the actuary of the St.
Helen's savings Bank, and William Johnstone, aged
42, the under-secretary of the same bank, were to-day
brought up for judgment on the charge of having
conspired together to retain and use the moneys of
the depositors of the bank for their own profit, con-
trary to the Savings Bank Act, to which on Saturday
they pleaded Guilty.
_ _

The ATTORNEY-GENERAL said there was one fact
of which his Lordship ought to be informed, and
which did not appear on the depositions, namely, that
the younger prisoner had been in his brother's ser-
vice from the age of 16 until the year 1843, when
the younger prisoner succeeded him at the bank as
under-secretary, and all the defalcations occurred be-
fore that period.

His LORDSHIP, in passing sentence, said,.it was
distressing to see two persons who had borne excel-
lent characters, and had moved in a respectable sphere,
brought up to receive the sentence of the Court for
having committed a misdemeanour. He could not
but regret that so many cases of the same kind of
breach of duty bad recently been discovered, and
which had arisen, no doubt, from the common vice of
the country—the desire to acquire wealth too
quickly. That inordinate desire to acquire wealth
verified the Scripture saying, that "Nobody that
hasteneth to be rich will be innocent." It often hap
pened that the transactions which in the first instance
led to frauds of this kind turned out wholly different
to what was expected, and the parties were compelled
in the end to do that which at the commencement
they would have shrunk with horror from. His Lord-
ship then sentenced each to be imprisoned in Lancaster
Castle for six months amongst the first class of mis-
demeanants.

His LORDSHIP then proceeded to try several com-
mon jury caules of no interest.
NISI PRIUS COURT. —(Before Mr. Baron
ROLFE.)
RUMMENS V. ()EPLEY AND OTHERS.
This was an action on a contract to recover back
1341. liks, paid a quantity of wine alleged to be sold
on the terms that, if not approved, the price with in-
terest was to be returned.

Mr. Atherton and Mr. Milward appeared for the
plaintiff; and Mr. Martin, Q.C., and Mr. 11. Hill for
the defendants.

It appeared that the plaintiff is a zinc-merchant in
Liverpool, and that the defendants, klessrs. Utley,
Webber, and Co., are wine-merchants in London.
The defendants being anxious to form a connexion
for the sale of their wines in Liverpool, sent down a
very active salesman from their house, named For-
rester, who held an auction of some of their wines
which were in bond at the Albert Docks, at a public
auction-room in Liverpool called the Portico, and
announced to the buyers that if they were dissatisfied
with the wine they bought they should have the
option of returning it in three years, and should re-
ceive their money back, together with interest at 6 per
cent. Accordingly, at one of these sales in July, 1848,
the plaintiff was induced to buy several pipes and hogs-
heads of port wine i❑ bond at the Albert Docks, for
which he paid the defendants 1341. 15s. From that
time to the present the wines had remained in bond.
The plaintiff; for some reason not wishing to retain
the wine or to consume it, had offered to return it on
the terms of the contract under which he alleged he
had bought it, but the defendants refused to pay him
back his money and interest as he demanded, and
thereupon the present action was brought. For the
defence it was contended that the sale of the wine to
the plaintiff was on the ordinary terms, and without
the condition the benefit of which the plaintiff
claimed; but that the offer to receive back the wine
and repay the money with six per cent. had relation
to prior sales within three years, and was made be
cause the trade had said that Messrs. Offley's wines
had not turned out well and had been mismanaged.
In answer to which the defendants said, " We will
take back our wines and repay the price and six per
cent. interest to any one who has bought wine
of us during the last three years, and is dissatisfied
with it."

The jury found a verdict for the defendants.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET.
CAPTURE OF A BATCH OF GAMBLERS.—James JOHet.,
James Iteinsford, Wm. Smart, Charles .Green, Louis
Laws, Wm. Johnson, Henry Doncaster, Abraham Good-
man, Henry Seymour, and Maurice Moss, most of whose
names were assumed, were placed before Mr. Bingham
charged with being found in a common gaming-house
fur an unlawful purpose.
Mr. Superintendent Beresford, of the C division,
stated that he produced a report made by him to the
commissioners, and their orders for entering the
house, No. 14, Jermyn-street, signed by Mr. Mayne,
one of the commissioners. Is compliance with
that order, he went, about half-past one,
on Sunday morning, to the house, accom-
panied by Inspector Lester and several constables.
On arriving there he rang the bell at the front door,
which was immediately opened by the defendant Jones,
the door-keeper. Witness at once apprehended him and
gave him in charge to a constable, and directed him to
be taken away. On passing along the passage he found
a door covered with green baize cloth. In this door was
a small wicket, which was open, and on looking through
it he saw the defendant Goodman come down stairs and
run into a parlour. He then knocked ut the door, and
obtaining no answer ho commenced forcing the door
with tools he had for that purpose. With the exception
of breaking one of the bolts, the door resisted all their
efforts to break it open. At this moment some ono
called out, " Wait, I will open the door," which was
eventually opened. Witness then entered and found
three of the defendants in the parlour, but he could not
identify them. The remainder he found in a room on
the first floor, sitting round a table at supper. He di-
rected the constables to take them into custody, and he
proceeded into a back room to see if any other persona
were there. On his return to the fcont room he took
the names of the defendants, and sent them all to the
station. He then examined the house, and found in a
back room on the first door a long mahogany table.
The blanket and green baize produced were lying at the
end of it. He also found, lying on the stairs, a painted
table-cover, which exactly fitted the table. It was torn
as it is now. The blankets also cover the table com-
pletely, so that no noise could be heard. He examined
the windows and found the front-room shutters secured
by strong bolts and bars, in the back room the
window was permanently closed by boards bound
strongly with iron. The doors leading to the upper rooms
and the roof wore all secured by iron bars. Ho did
not find any gaming implements, but he found several
cards with horses racing engraved upon them; some
were smaller than the others, and some were cut in
halves. There appeared to be the remains of paper
burning on the fire.

In cross-examination by Mr. Clarkson (who, with Mr.
Roberts, appeared for the defendants), Mr. Beresford
said the table was like a dining-table, and had nothing
peculiar in its construction. The door on the first flour
was open, but the others leading to the second floor were
shut and secured.

Mr. Clarkson then addressed the magistrate at some
length for the defendants, against whom he contended
there was not the least shadow of a charge. They were
found at supper; no gaming implements had been brought
forward, nor had any been found. ll° therefore consi-
dered the case at an end, and hoped that the defendants
would he at once discharged.
Mr. BINGHAM said he should take until tomorrow
(this day) to give his decision. In the meanwhile he
would take moderate bail for the whole of the defen-
cantz,' appearance at three o'clock this day.
Bail was immediately procured, and the defendants
left the court.

THAMES.,
Jane Kirtland, aged 39, was brought before Dlr.

Yardley, charged with the wilful murder of her bus-
band,William Kirtland, who was better known by
the name of Cutler, in which he carried on busine•Js
for many years as a butcher at 153, High-street,
Shadwell.

The prisoner and her husband had led a very un-
happy life for some time past, and he had been com-
pelled to take out warrants against her in consequence
of the violence of her disposition. The neighbours
had also been frequently called to the house to settle
their domestic brawls. The last quarrel, which
ended fatally for the unfortunate deceased, occurred
on the evening of Saturday the 23d ult., when the
prisoner took up a chopper and cut her husband
across the right arm, inflicting a very deep wound.
Inflammation supervened, and he died on Sunday
morning in the London Hospital.
James Kirtland, an intelligent boy, the son of
the prisoner, and who was very deeply affected,
said be was present during the quarrel between his
parents. His mother was the worse for liquor, and
his father called her a drunken b-. At that time
his father was chopping a sparerib of pork, and his
mother said if his father called her by that name again
she would chop him. The offensive expression was
repeated, and his mother took up the chopper and
struck his father across the arm with it. His father
immediately ran out of the shop and came back again,
and went to the doctor's to get his arm dressed.
In answers to questions by the Magistrate, the
lad, who sobbed loudly, said he knew his father was
dead, but he had not; seen his corpse.
Mr. Y A.r.nr.Er asked the prisoner if she would put
any questions to her son ; and she interrogated him
relating to a joint of meat sent to his aunt and re-
turned. He was somewhat confused as to whether
the quarrel commenced before or after a calf's head
had been sent to his aunt and returned.

Mr. YARDLEY said the boy had made rather a mess
about the affair, but he did not think the point was
material to the prisoner.
The prisoner said that some meat had been sent to
her husband's sister, contrary to her wish, and that she
accused her husband of studying his own family more
than herself and her children, and that was how the
quarrel began.
Mr. W. Medhurst, a hairdresser said he lived in
the house adjoining the late Mr. Kirtland's shop, and
that the deceased came into his shop with his arm
bleeding on the evening of Saturday week, and said
his wife had done for him at last. His arm was then
hanging powerless by his side. There bad been un-
happy differences between the deceased and his wife,
and they had struck each other.
Police-sergeant Sutherland, who had charge of the
case, here said the deceased's hands were chopped as
well as his arm.

Mr. li. Farish, officiating house surgeon at the
London Hospital, said the deceased was brought there
on the night of the 23d ult., with a very deep wound
on the back part of his right arm, which brought on
erysipelas and death.
The prisoner was asked if she had anything more
to sap; and she coolly answered, " No, not at pre-
sent."

Mr. YARDLEY.—When is the inquest to be held ?
Sutherland—To-morrow, Sir.
John Kirtland, the brother of the deceased, said
that he saw and identified the body in the London
Hospital, and knew his relative had been very seri-
ously wounded.
Mr. YARDLEY—Let the prisoner be remanded for
a week.