The Sun.
London, England, 1857-12-19 00:00:00

MIDDL ESEX SMSIONS—Dec. 19.

(Before Mr. Creasy, at Clerkenwell.)
Hugh Brady, formerly a constable of the H divi-
sion, who had been brought in custody from Dub-
lin upon a judge's warrant to take hip trial, was in-
dicted with George Queenby, police-constable 125
H, who surrendered, for having, on July Bth last,
unlawfully and maliciously inflicted grievous bodily
harm upon Diedrich R Abgen.
The prosecutor upon the present occasion, it will
be remembered, was tried for an assault upon the
two constables, now the defendants, and acquitted,
on the ground that they had been guilty of bruta-
lity to him, and had acted greatly in excess of their
duty. Brady was allowed to resign ; Queenby was
retainei, pending this trial.
Mr. Sleigh, who defended the prosecutor on his
trial, and Mr. Lawrence were for the prosecution ;
Mr. Metcalfe appeared for Brady, and Mr. Ribton
defended Queenby.
Mr. Sleigh, in opening the case, said it involved
an inquiry of the gravest possible character, both as
regarded the interests of the public at large, and the
conduct of tie police force of the metropolis. That
force was composed of a body of men who were ex-
posed to considerable danger in the discharge of
their duty, and the law very properly surrounded
them with great protection, and inflicted severe pu-
nishment on persons who improperly interfered with
them or prevented their performing their office ;
but, on the other hand, when they were found
_ .

abasing the powers which were vested in them, the
law also afforded the means of bringing them to pu-
nishment. In this case he was afraid he should have

to lay before the jury such a state of facts as could
leave no doubt that the two defendants had been '
guilty of most disgraceful conduct, first to a
married woman, and then to her husband when
the latter threatened to report such conduct at the
ataion, inflicting such injury upon him that
he was disabled for many weeks, and was still
suffering from the effects of their violence. If
this were proved the jury would do their duty
and find them guilty, without. regard to the con-
sequences, although they were officers charged with
the protection of the property and interests of the
public.
The Prosecutor—l am a bag-maker, and reside
at No. 9, Old Montague-street, Whitechapel. I
have resided there some years, and my name is on
the outer door. On the Bth of July last I went
with some friends to a German festival held at
Highbury-barn, and I, my wife; her sister, and
friends returned home in cabs between 3 and 4
next morning. We all got out near Whitechapel
Church, about four minutes' walk from my house.
A young woman was with us, and my wife and her
sister went to see her home. While waitin; for
their return I heard an altercation in Hope-street,
close to my house, and on going there I found the
defendant Brady, the policeman on duty, and my
wife and her sister. My wife complained to me
that Brady had insulted her, and had thrown her
cape over her head. She said he had called her a
soliciting prostitute. I said " Why did you do
that 1" He said " What is that to you I'll give
you a spank on the face." I then told my wife to
come home. A young man named Conrad was with
us. He lives in our house, and we all four went in
together. As we were leaving Hope street Queenby
came up. I had not struck or done anything to
Brady. Nothing occurred till we were inside my
house. When Queenby came up I said I had got
Brady's number and should report him. When we
went in Conrad shut the gate acid was leaning upon
it. Both defendants came up to the gate. I was
standing in the passage with my pocketbook in my
hand, writing the number of Brady, but before I
could do so I was struck a blow on the heal with a
truncheon. I cannot say which did it, but both
rushed into the passage at the same time. Conrad
came in bleeding. He had been struck on the head
and elbow by Brady, and he ran upstairs. The de-
fendants broke down the gate. (It was produced.)
When they rushed in I received several blows on
the head, but I could not see, for my eyes were
filled with the blood flowing from my head. Some-
how I got up and laid hold of Brady's truncheon,
when the other defendant s ruck me six times on
the arm. I struggled with Brady from the passage
to the kitchen, and held on to the truncheon to
save my life, but was compelled at last to let it go ;
and Brady then gave me a blow on the top of the
head, and I fell down from the effect of it. Both
of them then went out into the street. I remained
inside some minutes, and thin went out to go to
the station to complain. I got as far as the corner,
but, finding I was covered with blood, I wont back
to get it wiped. The defendants were then iu Old
Montague-street, and I told them I should go to
the station, when they laid hold of me and said
they should lock me up. They did so, and charged
me with having assaulted them with a poker. I
did not do anything of the kind. The doctor cam©
and cut the hair from my head where I was hurt. I
was detained half-an-hour, and was then bailed out.
I appeared at the police-court to answer their
charge, but was so bad that the magistrate ordered
me to be taken to the hospital. I was an in-patient
till the 23d July, but was under medical care some
time after, and now feel the effects of the blow.
Sometimes it is so bad that I nearly faint. I was
tried in this court for assaulting them, but ac-
quitt3d on the evidence of my witnesses. I then
charged them.
Mrs. Rathgen gave evidence fully bearing out that
of her husband. As to the cause of the affair she said
—When I returned from taking the girl home I saw
Brady at the bottom of Ely-place. He followed us to

the top of Hope-street, when he came up behind me
and threw my black cloth mantle over my head. I
said, " What have you done that for ?" He said,
" You know what I did it for." I said, " I don't
understand you, sir." He said, "I know you, and
if you don't go on I'll lock you up." I said, " I
have lived in my house over the way eight years,
l_nad you cannot lock me up, for l' ve done nothing."
Ile said "You are out soliciting prostitution." I
• then said in a loud voice, as I got very excited at such
an ivanit, " I'll take your number and report you,"
4t that
up and momenttold
my husband and Conrad came
took
....2-,t0y1.(?, them what he had said. My husband
said re
wuoutmarm and told me to go indoors, and
Queenby came up, and I
told him of BraMehim.
home, and we went hoonnideucti He told ins to be off
4hey came up to the door, n three or four minutes
..1
the
mime
account
The rest of her evidence was with reference to L er
assault—pr
by the prosecutor.ven
Mrs. Rathgen's sister,
t as that gi
E LII in. 4 Roberts,
threw up her
saidtnarde,\''all:ciw's
- with her when Brady L
she was soliciting prostitution, entirely eeerob.,_
rated her account of what had occurred, and oun_
rad Wendenheirn gave evidence as to the assault
upon the prosecutor and himself.
Mr. Adams, surgeon at the London Hospital,
stated that he attended to Mr. Rathgen on his ad
mission to that institution, and found that he had a
severe laceration of the scalps
which VMS cut in three
or four places. He left ou the 33d July, but the
wounds were not then healed, and he was an out-
patient.
The cross-examination of the witnesses was founded
upon the evidence given by the defendants on the
former trial—to the effect that Brady in the first
instance civilly asked the parties, who had been
drinking and were making a noise in the street at
an advanced hour of the morning, toyg9 home ;

that he was struck by the prosecutor with a poker
and that Queenby went to render him that assist-
ance which he was bound to give a brother officer
under such circumstances, when he also was as-
saulted with the poker, but the facts given in evi-
dence were not in any degree varied, although there
were some minor discrepancies as to certain parts
of the transaction._ _

Mr. Metcalfe addressed the jury at length on be-
half of Brady, who, he said, had served creditably
in the police force, in the Bth Hussars, and the
Land Transport Corps in the Crimea, having left
the police to join that service, and wits again re-
ceived into the force. He contended that it was
clear upon the evidence that there were grounds
for the constable interfering—to induce disorderly
persons to go home, and that he used his staff only
after he had been struck with a poker, as he had
solemnly sworn upon his oath, supported by the
testimony of the other defendant.
Mr. Ribton, on behalf of Queeuby, urged that
whatever view the jury might take of the case against
Brady, it was totally different with respect to his
client,who had nothing to dowith the original cause of
quarrel, and acted, as he considered, properly in
aiding a brother officer whom he believed, and
knew, indeed, to have been assaulted, and was as-
saulted himself. He dwelt with great force upon
the circumstance of both defendants having sworn
to their account of the occurrence, and submitted
that they were as much entitled to be believed as
the witnesses now brought against them. Queenby
was entitled to his acquittal if the jury thought he
acted in the honest belief that he was rendering
proper assistance to his fellow.officer.
Several sergeants and an inspector of the H divi-
sion gave each defendant an excellent character as
an efficient and well-conducted officer. The regi-
mental sergeant-major of the Land Transport Corps
spoke of Brady while in the Crimea as a quiet, well-
behaved man.
Mr. Creasy summed up with great care and mi-
nuteness. He said the importance of the case could
not be well exaggerated, and drawing the distinc-
tion between the conduct of Brady and that of
Queenby, as deposed to by the witnesses, told the
jury that Queenby ought to be acquitted if
they really believed that at the time he was
acting under the impression that he was aiding a
brother constable who had been awed. _ _

The jury retired, and, after some consideration,
they came into court with a verdict of guilty
against Brady, and not guilty with respect to
Queenby, whom, nevertheless, they censured for
not restraining the violence of his brother con-
stable.

Mr. Creasy said'he would consult the Assistant-
Judge as to what sentence should be passed upon
Brady.

POLICE INTELLIGENCE.—DGc. 19.

MANSION-HOUSE. —Frederick William Web-
ster, a broker, was charged before the Lord Mayor
whit robbery under the following circumstances :
W. Henry Clarke—l am an accountant and re-
side at 5, Brunswick-square. In the early part of
October last I employed the prisoner to value some
office furniture, at No. 1, Anchor-alley. He noticed
a quantity of charcoal there, and asked if it was for
sale. I replied that it had been consigned to me
from Ireland for that purpose ; that he might tako
a sample of it, and if he could get a customer I
would let him know the price. He accordingly took
a sample. I paid him fur his valuation, and saw
nothing further of him till I received from him a
note, on which were the words " credit charcoal
55." with his signature. I then ascertained from
the landlord of the premises that the prisoner had
taken away the charcoal, which he had no autho-
rity to do.
The Lord Mayor inquired how much charcoal
there was, and its value.

Prosecutor—There were about 20 bushels. It is
a new smokeless charcoal, and it cost me about 2/.
for its package and freight from Ireland. I met
the prisoner in the street an hour ago and gave him
into custody.
Prisoner—My lord, I can prove, I am sure, to
your entire satisfaction that he gave me authority
to sell the charcoal, and the reason why he has
given me into custody is that I have taken out a
summons against him for 1/. lls., the balance of
my charge of two guineas. The case is to come off
at Wandsworth County Court to-morrow, and he
wants to prevent my being there to establish my
claim. (To the prosecutor.) Did you not give me
authority to sell the charcoal by auction ?
Prosecutor—Certainly not.
Prisoner—The night previous to the sale did you
not receive a notice from me, that unless you fixed
a reserve the charcoal would be sold by auction for
what it would fetch l
Prosecutor—No.

Prisoner—Did. you not receive a bill from me
after the sale, in which I told you to deduct 7s.
from my account, less 24. expenses ?
Prosecutor—l believe there was something of
that sort on the note.

The prosecutor then called into the box the land-
lord of the premises for the purpose of supporting
his charge. The witness, however, swore most
positively that the prosecutor had authorised him
to deliver the charcoal to the prisoner whenever he
chose to take it away.
The Lord Mayor—Prisoner, you are discharged.
Prisoner—l trust, my lord, you will do me the
justice to say that I leave the court without a stain
on my character. I declare most solemnly that
my county court summons against Clarke has been
the real reason of his giving me into custody.
The Lord Mayor—All I can say is that the
charge against you is not proved.

GUILDHALL—Riohard Paternoster, barrister-
at-law, was charged with publishing a libel on a
police-constable. Mr. Sleigh appeared for the de-
fence ; Mr. Lewis, of Ely-place, for the prosecution
The libel which the defeutian twas charged with
was the following letter, received by the Commis-
sioner of Police :

" M. Temple, 3d Dee., at 2 p.m. Fountain-court.
"A boy plays with a ball as he goes along in the
court of the Temple. He makes no disturbance. No.
384 coming up, steals the boy's ball and walks away.
I think, so far as I could see, he put it in his pocket.
He does not turn the boy out for noise or disturbance,
or playing ; the boy remains there. Finding ho is
detected, and his number about to be taken, he gives up
to the boy his ball, in the while I am going down stairs
after him. Then he has his number taken. Now,
then, is this also in execution of his duty—to be coining
in hero to thieve ? If he bad done right in taking the
ball why did he give it up? If wrong, the sooner such
a character is struck off duty ie the Temple the better.
We don't want thieves here under pretence of protecting.
No doubt at all of the fact that he would have kept the
ba'l if he had not been found out.—probably for Lis own
children if he has any.—l make the above report.
" RICHARD PATERNOSTER, Barrister-at-law.
" 2, Essex-court, Temple, Dec. 4 "
After witnesses had been called to prove the
publication and handwriting,
Philip Monk was examined, and said—l am a
police-constable, No. 334, and have lately been
doing duty in the Temple. I have been on duty
there about three months. On the 3d of the
present month I saw a boy in the Temple playing
with two marbles, bowling them along the pave-
ment one after the other. From a conversation I
had with the boy, I took one of the marbles away,
but I did not put it in my pocke% I afterwards
returned it to him.

Cross-examined—The boy was by himself play-
ing with the marbles.
Mr. Sleigh—l suppose there is no great harm in
playing at marbles.

Witness—He was making a noise with them, and
laughing, and our orders are to prevent any noise
being, made.

Sleigh—TLe:e is no great harm in laugh;nz
in the Temple. I should think the plwe is dull
enough.
Witness—l am ordered to act as I have done.
Mr. Sleigh—There is not much to do in the
Temple, is there There is not much variety
You have not made any arrests during the three
months you have been there ?
Alderman Wire—They are there to scare the
disorderly characters away.
Mr. Sleigh—Was not this boy the child of one
of the porters of the Temple ?
Witness—l have since found he was.

Mr. Sleigh—And do you consider it your duty
to put his marble in your pocket and walk away
will. it ?

Alderman Wire—That is hardly a fair way of
putting the question.
Witness—This took pltce under the defendant's
window, but I neither saw nor hel.rd him at any
time while I had the -marble in my possessiot,. I
li
did not w.lk more than thrce or four yards tefore
I returned the. marble to the boy. After I had
given the boy his marbly the defendant came up
and took my numbor, but did not say what for. He
said nothing about a marble.
Mr. Lewis—He speaks of a ball in his letter.
Mr. Sleigh—Oh, yes, but that is a mistake.
defendant is constantly annoying
Re-examined—The boy did not cry or make any
appeal to the defendant, and upon his promising
hnioltnthoip3
da
ing, with the de r.
lamyarwbliethath9m 4ain in the Temple I gave
t. I afterwards saw him talk-
Mr. Sleigh contended that the letter in question
privileged communication from a person feel-
sent ui ged and acting in a bona fide spirit,
sent to a person in a.uthority in the form of a com-
p laiutaryl as such it could not be construed into
alibci. He repudiated the charge of malice or any
1' intention to injure the complainant, and concluded

his observations by calling upon the magistrate to
dismiss the summons.
The matter was ultimately settled by the defen-
dant making an apology, and paying the costs.

BOW-STREET.—Thomas Pickering, a tall,
strong-looking man, of respectable appearance, de-
scribed as a private in the Grenadier Guards, and
wearing a profusion of beard, was brought before
Mr. Jardine upon a warrant, charging him with
having sent a letter to His Royal Highness the
Duke of Cambridge, containing threatening lang-
uage in reference to Augustus Frederick Foley, a
colonel in the Grenadier Gourds.

The letter was put in evidence, and read by Mr.
Burnaby, the chief clerk. It was as follows :
" Dec. 12, 1857.

" Your Royal Highness,—l am informed by Colonei
Pipon that you can adopt no further proceedings in the
matter before Major Foley and myself, therefore leaving
no other course open to me but that of wild revenge,
When my case is before the public, I question if your
royal hienass will hold so high a position in the minds
of the people as at present. You have in my case pro-
tected an officer against a man most unjustly. All that I
have accused Foley of is the truth, and you know that—
the blackest part being that of a liar as well as a robber.
" I may add, my only reason for not taking the law
into my own bands at the time the event occurred, was
to see if it was possible for a man to get any justice
when opposed to an officer ; and there is none. But as I
have said from the first, I will have justice at any cost.—
I am your humble servant, " T. PICKERING.
" You need not trouble anyone to answer this."
Defendant—l admit that I addressed that letter
to his Royal Highness. It is my writing.
Colonel Foley examined—l am a colonel in the
Grenadier Guards. The prisoner was a private in
the same regiment. He was discharged by his own
request. I received the letter produced from his
Royal Highness the day before yesterday, and I am
apprehensive of the threat contained therein.
Defendant—My object in writing that letter was
simply to bring my case before the public. On the
6th of December, 1855, while I was on duty in the
Crimea, Colonel Foley directed a body of armed
men to rob me of a aovereigri. I have never since
been able to get any redress, and I wrote that
letter on purpose to get apprehended. Col. Foley
has written letters upon this subject to the Secre-
tary-at-War, containing statements wholly untrue.
I only r:quire the matter to be investigated.
Colonel Foley—His complaint has been already
submitted to the authorities, and fully investigated.
Mr. Jardine—l have no doubt of that. Such
matters are generally inquired into, and the pri-
soner should have been content to abide by the de-
cision. As to getting his case before the public, no
advantage would be likely to result to him from
that. As public opinion is nowconstituted it would
no doubt agree with the conclusions formed by the
tribunal appointed with the public sanction, to in-
vestigate such matters. At all events I cannot
listen to your nonsense about an officer setting on
a body of armed men to rob you, and the public
are too sensible to believe it either. You have been
very foolisb, and got yourself into a serious scrape,
for you will have to find sureties to keep the peace.

Defendant—l can offer no sureties except my
own.

Mr. Jardine—You must enter into your own re-
cognisances in 801., and provide two sureties of 401.
each to keep the peace towards Colonel Foley and
all her Majesty's subjects for twelve months.
A voice in the crowd exclaimed " I'll be one,"

but the individual who spoke, and who afterwards
addressed the court upon a grievance of his own,
was evidently suffering under some mental delu-
sion, and was gently handed out by direction of
the magistrate.
A short, well-dressed man, who gave the name
of Thomas Mark Wheeler, and described himself
as a gentleman, although better known as the Se-
cretary of a National Friend in-need Association,
carrying on its operations in the Exeter Change,
Upper Wellington-street, Strand, was charged with
a violent and cowardly assault upon Mrs. Lilly, a

respectable married woman.
The complainant said that she was walking
quietly through the Change, between 7 and 8
o'clock the previous evening, when the defendant
came up to her and put his arms round her neck.
She relented this insult by pushing him from her,
upon which he struck her a violent blow, twisted
her arm, and knocked her down. He was evidently
drunk.

A lad who happened to be in the Change at the
time, deposed that he witnessed the assault. There
was a ladder in the Change and the defendant
pushed the complainant over it and struck her
after she was upon the ground. He fell with her.

The defendant said he had been drinking rather
too freely, there having been a wedding in his family.
The complainant's statement, however, was exagge-
rated. She fell, he did not knock her down. The
fact was, owing to a railway accident which hap-
pened to him a few years ago, a little drop took
a serious effect upon him- Bo he must pay what-
ever fine his worship might choose to fix.
To the astonishment of the defendant, however,
Mr. Jardine committed him to prison for one
month, without th© op`ion of a fine, he having
been before in custody.

LAMBETH.—Richard Birken, a well-dres3ed
man of respectable appearance, was charged before
the Hon. G. C. Norton with knocking v.o!ently at
the door of a Mrs. Smith, on the night before, and
disturbing the neighbourhood.
The complainant deposed that at a late hour on
the preceding night the prisoner thundered so
violently at her street door that the whole neigh-
bourhood was disturbed, and many persons awoke
from their sleep in perfect alarm, believing it to be
a fire.

Mr. Norton—What did he kuock at your door
for ?

Witness—For his wife, sir. He thought she was
there, and demanded her ; but she was not.

Mr. Norton—Did she live at your house
Witness—She was compelled to leave her husband
on account of his ill-treatment and drunkenness.

Mr. Norton—ls the wife here ?
Witness—She is, sir, and she wishes to ask for
your protection.

The wife, a decent looking woman, said she had
suffered a perfeA martyrdom from the prisoner,
who was a lazy, drunken, and violent person, and
she was determined not to submit to his cruelty any
longer. He had been in tha habit of taking knives
and forks to b©d with him and placing them under
his pillow, so that she did not, know the moment
when he would take it into his head to cut her
throat or stab her to the heart.

The prisoner here imploringly begged that his
wife would forgive him, saying he would conduct
himself kindly and properly for the future.
Mr. Norton replied that ho certainly should not
part with him so easily, and ordered him to find
bail for his good conduct for six months.

SOUTHWARK.—Frederick Diefke, a man with
sandy hair and moustaches and light complexion,
stated to be a native of Berlin, was charged with
having in his possession a gold watch, chain, and
fancy clock, a dressing-case, several articles of
jewellery, wearing apparel, and other property of
considerable value, supposed to have been stolen
and obtained fraudulently from various tradesmen
about the metropolis.
Bell, a detective officer, stated that on the pre-
vious evening, from information ho rzceived, ho
went to a house in Elizabeth-street, Dover-road,
which was tenanted by the prisoner, and met him
as he was going out. He told him he wanted him
on a charge of being concerned in stealing a large
quantity of jewellery, watches, sod wearing appa-
rel. He made no answer, and witness took Lim
into custody. On him he found a new gold watch
and chain, and a pocket-book containing two pass-
ports and several memoranda. In searching the
house he discovered a dressing-case handsomely
fitted up, two lady's companions, a fancy clock, a
small timepiece, a gold locket and chain, a pair of
bracelets, two valuable parasols, several fancy
woollen shirts, drawers, 13 tiwels, 14 silk hand-
kerchiefs, 2 coats, and other articles—all of which
were quite new. Bell informed his worship that
he had no doubt the prisoner belonged to a gang
of Prussian swell mob who had been in Louden
about 6 months, carrying on a successful system of
plunder among jewellers and all sorts of trades-
people. They took houses in respectable neigh-
bourhoods, and kept up a very fashionable appear-
ane.. The wife of the prisoner was examined at
Bow-street, on Wedmsd.ty, for stealing an um-
brella from a shop in the Strand, value 305., and on
Tuesday a Prussian female, who gave the name of
Betsey Euston, was chargel with stealing a dia•
mond ring, worth twelve guineas, from the shop
of a jeweler in the Railway-arcade. 'Witness
was in possession of such facts about her as left no
doubt she was connected with the gang. She me-
sided up to Vie time of the robb ry with the pri
soner, and one of the passports in Lis possession
was hers, and li;s real namo was Poulin: 1u ; he was
a native of Berlin. Witness also believed that lie
should not only be able to trace more of the gtng
with the assistance of the Berlin defec, ire plice
who were in London, but find a great deal of other
valuable property, consequently he asked his wor-
ship fur a remand.
The magistrate accordingly remanded the case
until Thursday next.

BAMMERSMITH.—James Fawcett, toll col-
lector at the Kensington gate, was charged with
having demanded and taken toll which had been
already paid.
The facts of the case were these :—A waggon of
coal, belonging to the Clay Cross Coal Company,
was driven through the Earl's-court bar on its way
to Pimlico, and toll was po,:_d on it, The man had

orders not to deliver the coal without receiving
payment, and, in obedience to them, drove back
vith it, passing, on his return, through the Ken-
sington-gate, where a second toll was demanded.
The driver of the waggon produced his ticket, but
was not allowed to go through till, as he had no
money, he gave the toll-keeper an empty coal sack
for the toll. Both gates belonged to the Kensington
turnpike trust.
Mr. Dayman said in reading the act the words
were in favour of the complainant, but ho really
thought the legislature had intended that the
same vehicle going and returning loaded should
pay two bills. He would, however, take time to
consider the:point, and accordingly adjourned the
summons for that purpose.

THE JEUFOSSE TRIAL.

FOURTH DAY.

This affair was continued yesterday, before the
Court of Assizes for the Eure. Theevideuce for the
prosecution having closed on the preceding day, M.
Berryer said that a number of witnesses had been
summoned in behalf of the prisoners, but that he
would only call very few. Iler then examined Mine.
Duclos and M. Leblanc. The latter, director of the
prison at Gaillon, deposed that Mme. Jeufosse was
virtuous, pious, and charitable, and had brought
up her daughter carefully. A woman named Lau-
fray, who had been four years in the service of the
lady, declared that never did she allow her daugh-
ter or Laurence to go out alone, awl that the
daughter had always slept in her mother's chamber.
M. Lefebvre-Durufle, a gentleman of property of
Evreux, stated that he was on a visit at the chateau
when it was :discovered that the apartments had
been entered, and that dirt had been cast on the
portrait of Mine. de Jeufosse's husband; also, that
be had been with that lady when in her drives she
had gone out of her way to avoid Guillot. M.
Miguel, receiver of registration dues, gave Guillot
a very bad character, and said that he had had the
impudence to pay attention to witness's wife ; ho
spoke highly of the Jeufosse family ; and added
that he knew it had sustained great losses in the
revolution. Some witnesses described Crapel as a
quiet, well-conducted man. M. Cresson, advocate
of Mme. Guillot, then . pleaded at considerable
length in support of the indictment. He main-

tamed that, from a review of all the circumstances
of the case, it could not be doubted that Guillot
had conceived a violent passion for Blanche de
Jeufosse, and that be had secret correspondence and
interviews with her; that her mother and brothers
having become acquainted with this, were so deeply
wounded in their family pride that they resolved to be
avenged; that they with premeditation planned
the killing of the man ; and that it was °repel who
on their instigation and by their encouragement
did the de: d. In the course of his speech he made
some very severe comments on the two young men,
especially the elder; he described Mlle Rauch() as
ill brought up and ill educated ; and he dwelt on
the brutality which he said had been displayed by
Mme, Jeufosse in not causing anything to be done
for Guillot when lying in the agony of death in her
grounds.
M. Berryer, advocate of Mine. de Jeufosse, next
rose and said : "My client, gentlemen, is ac-
cused of being an accomplice in this affair, but she
presents herself before you through me as the prin-
cipal author of the act reproached against her ; she
desires that my voice shall be raised the first, not
so much to justify herself as to cover by her re-
sponsibility the other prisoners. It is to protect
what is dearest to her in the world, the
honour of her daughter, she now invokes my voice.
It was by her order that a man's hand was armed,
and if her sons excited the vigilance of that man,
a servant, it was because they respect their
mother ! It is then to her that all responsi-
bility must ascend, and she now tells you that
she fully accepts the responsibility 1 Yes,
gentlemen, it is she who supported the cruel,
the terrible conflict in which she so long lived,—
a conflict of upright, and maternal sentiments, of
dignity and honour, against infamy, with which
it was endeavoured to stain the chastity of her
house ! From respect to Madame Guillot, here
present, I will not enterinto disgusting details, but
I must tell you that Madame de Jeufosse was con-
stantly menaced, attacked in her repose, and in
her dignity, was, so to speak, besieged in her own
house, and consequently not only possessed the
right of legitimate defence of her family and her
household, but was placed under the necessity of
exercising it 1 That right I maintain was incon-
testable, that necessity I shall show was impera-
tive 1" The learned gentleman then went on to
argue that it was clear from the evidence that after
persecuting Mdlle. Laurence, the governess, and
beinc, very properly repulsed by her Guillot paid
attentionp to Mdlle. Blanche ; but Math.. Blanche
told her mother and had never given him any en-
couragement.lt was in consequence of that , dis-
closure, and of something which Guillot had 'said
at his club at Gallon, that Madame de Jeufosse
determined to break off her acquaintance with
him ; but in order not to compromise her daughter
in any way, she desired to do so as quietly as
possible. "What, however," asked the learned
counsel, "was the conduct of Guillot ? Was it
that of a man who, being engaged in an intrigue
with an innocent young person, sought silence
and mystery? No—it was a series of odious
manceuvres to compromise the Jeufosse family.
To do so, be climbed over walls—that is to say,
violated an enclosure, a domicile, an inviolable
asylum ; and ho acted so in order to cause noise
and scandal—he did it in order to be seen—ho
made marks in the snow, and blew his horn, in
order that none might doubt that it was lie ! And
under such circumstances could it be maintained
that his client had not the right to protect her
household, as she would have protected her crops,
herfiu fruit trees,
l,
or
After
other
little value dwellingat some length on
the manner in which Guillot bad persecuted Mlle.
Blanche ; and after stating that Mme. de Jeufosse
could not, as had been suggested, excite her sous to
fight him in a duel, since that would have been
risking the honour of one child and the lives of the
athoe fireco could
him ; yet s, the learned counsel went on to contend that
Mme. de Jeufosse was under the necessity of pre-
venting Guillot from hangingthheeorderrgamekeeper byek whichepe r s
to d
about theoso h 4 had
chateaus at
night, and that the onlymeans
to be asked if she
hdoso was
before
bbeyix trueting
giving
caused an examiningmagistrate
had the right to do it, and was answered in the affir-
mative. Arriving at the shooting of Guillot, M.
Berryer said that his client had been reproached for
not having given assistance to him when ho fell
wounded. " But what could she do? Was it
possible that she could have the bleeding body
brought into the chateau, to be seen by Blanche
and the governess 7 Besides, she was distracted,
and she had cried to one of the Witnesses,
most unfortunate of women, the most afflicted of
mothers !' What bad happened," continued the
]earned gentleman, "was a great misfortune, no
doubt, but was it not caused by the victim himself?
Have you riot heard that he took pleasure in brand-
ing the innocence of Mdlle. de Jeufosse ? Have you
not seen that though he pretended to love her, ho
had described her to every one he knew, even per-
sons of the lowest class of so:dety, as a most aban-
doned character ? And yet she never gave him the
slightest encouragement, none ; she never wrote
him a word, for, if she had, it would have been
produced. But suppose that she were guilty
—" Here Mine. de Jeufosse exclaimed, " Oh,
never, sir !" "I beg your pardon, madame, but
let me suppose for a moment that Blanche was
guilty, and oven then r say that her mother was under
the necessity of defending her. She, however, was
pure, and It as it not the duty of her mother to pro-
t•ct her character ?" Al. Berryer then proceeded
to argue that Mine. de Jeufosse, iu can=ing Guil-
lot to be fired at, was acting in h
says that "resistance
her legitimate de-
fence,to a forcible entrance, a
nocturnal entrance," is legitimate •, and ho again
asked if what was justitiade for protection of pro-
perty was not infinitely more so for the protection
of a daughter's honour? Ho reminded the jury
that a husband has iu all countries in the world the
right of killing his wife found in adultery, and her
lover as well ; and he asserted that a parent had an
equal right, and the solemn duty of defending the
honour of her children. After speaking in cede-
gistic terms of Mme. Gullet, and expres4ng regret
for her loss, he said in conclusion :—"I know that
you will declare that no crime, no offence has been
committed—that no culpability exists : but after
your verdict, what will b 3
the existence of this
mother and her daughter? I see in it sorrow in-
curable and of immeesurable depth 1 Oh, you wi 1
fe ,1 as I do that there is a victim who deserves
more regret than the husband—more even than ilia
unlitppy widow, whose heart I
pray Gad may he
spared the tortures which cause that of this m,..ther
ti bleed 1"
When the learned €,l.onileman resumed his sea',
loud cries of " Bravo, bravo," broke forth from
all parts of the court.
The Advocate General declared that such mani-
festations were improper.
The Court then adjourned.

TURNING THE TABLES.—We learn that, if Lord Shat
tesbury's Act be passed and come into operation, a Chris-
tian Mission will at outs be started in Islington, where
for so many years the "Gospel a2cJrding to Calvin and
Luther" has had undisputed sway. High Churchmen
have acted on the defensive long enough ; some of them
at all events are now prepared to adopt another policy.
Their work will be strictly of a missionary character
amid the swamp of ultra-Protestant misbelief, and we
diaily wish them success,—Union.

THE LONDON AND EASTERN BANK.

COURT OF EXCHEQUER.

[The following appeared ix part of our impression of yes-
terday

THE LONDON AND EASTERN BANKING COMPANY V.
J, B, STEPHENS.

This was an act'ion arising out of the transactions in
reference to the London and Eastern Banking Com-
pany, which are now so well known to the public by the
recent ewninatioo of Mr. Stephens in the Scotch Bank-
ruptcy Court. A fter the failure of the bank it appeared
from the opning statement of the learned counsel for the
plaintiff, the Oriental Bank took, under certain condi-
tions, the business of the London and Eastern Bank, an
arra•igement having been come to tbut the shareholders
in the latter should pay up the remainder of the calls
due on the shares. Under that agreement the defendant,
who was the holder of 172 shares, gave a promissory
note for 8,6001. to the Oriental Bank, the amount of the
remaining 501. due on each share. Of the 172 chary,
150 of them belonged to a gentleman named Glriffithp„
of whom the defendant purchased them for 6,0001.,
drawing a cheque on the bank for that amount. The de-
fendant pleaded a variety of pleas, and amongst others
that the shares were purchased on account of the bank
to secure a certain gentleman being on the direction ;
and, furthermore, that he had given a bond for the
amount, which bond was for an illegal purpose.
Mr. Bovill, Q.C., Mr. Lush, Q.C., and Mr. Honey-
man were counsel for the plaintiff.
Mr. M. Smith, Q.C., and Mr. Maud were counsel fcr
the defendant.

Mr. Bovill called the following witnesses :
George Clough said he was a clerk in the London and
Exeter Banking Corporation till May, 1857. Mr.
Stephens was manager of the bank and a director. He
had a drawing account there. Mr. Griffiths had also a
drawing account. The balance on Mr. Stephens's
drawing account was 11g. Gs. 51. The last entry was
on the 11th of April.

The Lord Chief Baron—How came Stephens to cease
to be manager 4

Witnem-II don't know. By resignation I suppose.
Ex urination continued—This cheque (6,0001) was
given to him to enter in the journal to the debit of Mr.
Stephens and credit of Mr. Griffiths. Referring to the
deposit ledger Le found this entry-1856, July 22,
120 shares London and Eastern Bank, purchased of
Mr. Griffiths, 6,0001. This was carried to Mr.
Stephens's floating account first, and then transferred
to the six per cent, share account. The signatures to
the various receipts to the cheques and dividend warrants
were in the handwriting of Mr. Stephens.
Cross-examined by Montague Smith—He did not keep
the ledger himself.
Mr. Smith—When that .6,0001. was carried to the
credit of Mr. Stephens in the share account, was there
a sum of 5,0001. to the credit of Mr. Stephens on the
current account ? Witness-4,0791. 7d.

Mr. Smith—Were there similar accounts k ept between
other directors 1 Witness—l don't know of any other.
George Harrison said he was a clerk in the London
and Eastern Bank in 1857. He filled up a demand of
payment on Mr. Stephens.
The notice to produce this document was admitted by
the council for the defendant, but it was not forth-
coming.

Witness—The amount claimed in that notice of
demand was 6,0111. 6s. sd. In March, 1857, Stephens
held 172 shares in the bank, including the 120 shares
bought of Mr. Griffiths. The promissory note given to
the Oriental Back for the calls of 50 per cent, on the
shares was in Mr. Stephens' handwriting. He signed
it in witness's presence. The promissory note was for
8,600/.
Cross-examined by Mr. Smith—When he filled up the
notice he po.Aed it to Mr. Stephens, at Gothic
Lodg3, Twickenham. Mr. Stephens' bond was given
at the time the transfer of shares was made, but it
was not executed till September following. It was a
cash credit bond.
Mr. Smith—Do you know that the shares bought of
Griffiths by Stephens were bought for the bank ?
Witness—No, I don't. I know the contrary.
Mr. Smith—Was this transfer approved of by the
Board of Directors
Witness—lt was approved of after the transfer was
eat red. A resolution approving of it was passed on
the 10th of August, and it was signed by Mr. Morris,
the chairman.
Re-examined by Mr. Bavill—The bond was signed
by Mr. Stephens soon after the British Bank broke,
and Stephens directed witness to place it amongst his
private securities.
The bond was produced, and it was found that there
was no stamp or seal to it.
Mr. Bovill—As this is not a bond, we will call it the
cah credit paper.
Tne Lord Chief Baron—Yon may call it a bond just
as you call a thing a bad shilling. (Laughter.)
Mr. Smith contended that the plaintiff could not re-
cover on the bond, although the defendant admitted it.
The bond on the firm in which it was given, was to
secure a balance on the account credit on which there
was only 11.1. due. The other was a separate account.
The learned gentleman read the terms of the bond, which
was to cover any account current.
The Lord Chief Baron said that all accounts were
covered.

Mr. Bovill said he feared that in his opening speech
be bad thrown more discredit on Col. Yates. That was
very far from his intention, as Col. Yates was a most
honourable man.

The jury returned a verdict for
.the plaintiffs, for
6,0111. ss.
Immediate execution was applied for.
The Lord Chief Baron—Certainly.
The ark—lmmediate, or in four days.
The Lord Chief Baron—lmmediate.

From the London Gazette of Last Night.

NOTE.—For " Harhood," in page 4434, No. 5, of the
supplement to the Gazette of the 15th instant, read "Har-
good." •
FOREIGN-OFFICE, DEc. 16, 1857. _ _

Th© Queen has been pleased- to approve of Don Juan
Pico y Villanueva as Consul at Cardiff for her Majesty the
Queen of Spain.
FOREIGN-OFFICE, DEC. 17.

The Queen has been pleased to approve of Mr. Alfred
Winter Evans as Consul at Port Natal for his Majesty the
King of the Netherlands.
The Queen has also boon pleased to approve of Mr.
Antonio Pisani as Consul at Malta for his Majesty the
King of Hanover.
The Queen has also been pleased to approve of Mr. An-
tonio Pisani as Consul at Malta for the Free Hanseatic
City of Bremen.
CROWN-OFFICE, DEO. 16.
MEMBERS RETURNED TO SERVE IN THE PRESENT
PARLIAMEN P.

Borough of Ashton-under-Lyne—The Right Hon. Thos.
Milner Gibson, in the room of Charles Wadley, Earl.,
deceased.

DECEMBER 18.
Borough of Whitehaven—Goorge Lyall, of No. 17, Park-
crescent, in the county of Middlesex, Esq., in the room of
Robert Chas. Hildyard, Esq., deceased.
BOARD OF TRADE, PHITEHALL, DEC. 18.
The Right Honourable the Lords of the Committee of
Privy Council for Trade and Plantations have received,
through the Secretary of State for Foreign Affairs, a copy
of a Despatch from her Majesty's Minister at Copenhagen,
reporting that the Danish import duties on bran, oatmeal,
oilcake, and husks and brand of rice, are provisionally
suspended.
BOARD OF TRADE, WHITEHALL, DEO. 18,

The Right Honourable the Lords of the Committee
of Privy Council for Trade and Plantations have re•
ceived, through the Secretary of State for Foreign Affairs,
a copy of a Despatch from her Majesty's Consul at the
Cape Verd islands, reporting that in consequence of the
recent inundations, no salt can be shipped from the Island
of Sal, until the month of March next.

WAR-OFFICE, PALL-MALL, DEa. 18.
3d Regiment of Foot—Major-General Sir Henry Have-
lock, Bart., and K.C.8., to be Colonel, vice Lieutenant-
General Nicholas Wodehouse, deceased.

WAR-OFFICE, PALL-HALL, DEC. 18.
Royal Etogitnent of Horse Guards—Lieutenant R. M. L.
Williams-Bulkeley to be Captain, by purchase, vice F.
W. Fitzhardingo Berkeley, who retires. Cornet "Walter
Palk Carew to be Lieuttnaut, by purchase, vice Wil-
liatos-Bulkeley. John Albert Craven, Gent ,to be Cor-
net, by purchase, vice Carew.
sth Dragoon Guards—Gentleman Cadet Charles Walter
Lee, from the Royal Military College, to be Comet,
without purchase, vice Daveney, appointed to the 3d
Dragoon Guards. _

7th Dragoon Guards—Gentleman Cadet John William
Zorapore Wright, from the Royal Military College, to
be Cornet, without purchase, vice Echalaz, deceased.
4th Light Dragoons—The future designation of Captain
Keith to be "The Hon. Charles James Keith-Falconer,"
and not Keith only, as hitherto st:►ted,
7th Light Dragoons—The Hon. Walter Harbord to be
Cornet, without purchase.

Military Train—C.aptain John W. McFarlan, from the
9th Foot, to be Captain, vice Rogers, who exchanges ;
Lieutenant Noel Alleyne Harris, from 34th Foot, to be
Lieutenant, vice Rutledge, who exchanges.
Grenadier Guards—Lieutenant and Captain and Brevet-
Major Ed wyn S. Burnaby to be Captain and Lieutenant-
Colonel, by purchase, vice Roue, who retires ; Ensign
and Lieutenant William Henry Parnell to be Lieutenant
and Capt tin, by purchase, vice Burnaby ; Charles
George Henry Viscount Hinehiubrook, to be Ensign and
Lieutenant, by purchase, vice Parnell.
6th Regiment of Foot—To be Ensigns, without purchase
Oliver Robinson, Gent. ; George William Morland,
Gent. ; William Lowe Butler, Gent. ; Charles Edward
Whitaker Roworth, Gent.; Johu Giffard, Gent. ; David
B trry Moriarty, Gent. ; William Seymour Selby
Lownles, Gent.
iGnesto.rge and
•ihosm the 9z,o;t Thei,
) John,os-c as C
irenids
Georgetii
na nthneamAo Gazettejie Lieut.oltfogheer s Aunt3l;sfti
Mili-
tary Train, to be Captain, vice M`Farlan, who ex-

changes.
20th Foot--Paymaster John Matthew Gibbs, from the 24
West India Regiment, to ba Paymaster, vice Mosley,
a ppehOe 1 Paymaster of the 7th Foot; Lieut. John James:
S. O'Neill, to be Instructor of Musketry, vita Captain.
Lutyens, who resigns that appointment.
26th Foot—Gentleman Ca let Lancelot Algood Gregsou,
from the Royal Military College, to bo Ensign, without.
purchase, vice Barton, promoted.
29th Foot—Gentleman Cadet William Boycott, from the
Royal Military College, to be Ensign, without purchase,
vice Hart, promoted ; Gentleman Cadet Howell Davis,
from the Royal Military College, to be Ensign, without
purchase, vice Winn, promoted; Assist -Surgeon William
Alex. Mackinnon, from the Staff, to ba Assist.
-Surgeon
vice Chartres appointed to the Staff. ,
30th Foot—Gentleman Cadet Malcolm M`Neill, from the
Royal Military College, to be Ensign, without purchase,
vice Wray, promoted.
31st Foot—James G. Hamilton, Gen,., to be Ensign,
without purchase, vice Inge, appointed to the Bth Light.
Dragoons.
34th Foot—Lieutenant Jan Bruen Rutledge, from the

Military Train, to be Lieutenant, vice Harris, who ex-
changes.
36th Foot—Ensign C. S. T. Sale to be Lieutenant, by pur-
chase, vice Hugo, who retires.
37th Foot—Gentlowan Cadet Henry A. Ingles, from the
Royal Military College, to be Ensign, without purchase,
vice Jarvis, who resigns._

44th Foot—Ensign Heiiry Leake to be Instructor of Mus-
ketry, vice Captain Staveley, who resigns that appoint-
ment.

45th Foot—Robert J. Callwell, Gent., to be Ensign, by
purchase, vice Webber, promoted.
52d Foot—Gentleman Cadet Charles Middleton Prender-
gast, from the Royal Military College, to be Ensign,
without purchase, vice Beattie, promoted ; Gentleman
Cadet Thomas Brett Cowburn, from the Royal Military
College, to be Ensign, without purchase, in succession
to Lieutenant Hallam, deceased.

58th Foot—Lieutenant G. J. R. Wynyard to be Captain,
by purchase, vice Isaac Rhodes Cooper, who retires.
69th Foot—Gentleman Cadet John East Hunter Peyton,
from the Royal Military College, to be Ensign, with-
out purchase, vice Hatchell, promoted.
61st Foot—Lieutenant Thomas Maitland Moore to be Cap-
tain, without purchase, vice Dely, deceased ; Ensign
Edward W. Ramsey, from the 91st Foot,"to be Ensign, in
succession to Lieutenant Moore ; Gentleman Cadet
Frederick John Fane, from the Royal Military College,
to be Ensign, without purchase, vice Casement,
promoted.
62d Foot—Jules Victor Le Blond, Gent., to be Ensign,
without purchase, vice Clay, appointed to the 78th Foot.
65th Foot—Lieutenant Thomas George Strange to be Cap-
tain, without purchase, vice Bazalgette, deceased.
67th Foot—Gentleman Cadet George Baker, from the
Royal Military College, to be Ensign, without purchase,
vice Kingsley, promoted.
70th Foot—William Henry Ralston, Gent., to be Ensign,
without purchase, vice Backhouse, promoted.
78th Foot, Thomas Hinde Thompson, Gent., to be Ensign,
without purchase, in succession to Lieutenant Swanson,
killed in action.
79th Foot—Lieutenant Arthur Walker to be Instructor
of Musketry.
91st Foot—Gentleman Cadet Horace Ralph Spearman,
from the Royal Military College, to be Ensign, without
purchase, vice Ramsey, appointed to the 61st Foot.
97th Foot—The second Christian name of Ensign Crespin

is Champante, and not Chawpante, as stated in the
Gazette of the 11th inst.
98th Foot—Gentleman Cadet William Moffett, from the
Royal Military College, to be Ensign, without:purchase,
vice Gregory, promoted.
99th Foot—Gentleman Cadet Albert Lancelot.. Walker,
from the Royal Military College, to be Ensign, without
purchaso, vice Jacob, promoted.
2d West India Regiment—Paymaster William Neilson,
from the sth Lancashire Militia, to be Paymaster, vice
Gibbs, appointed to the 20th Foot.
3d West India Regiment—Lieut. John O'Flanagan to be
Captain, without purchase, vice llingston, deceased ;
Ensign George Stow Beet to be Lieut. nant, without
purchase, ♦ice O'Flanagan; William Gair, Gent., to be
Ensign, without purchase, vice Beet.
Royal Canadian Rifle Regiment —Paymaster Luke Fitz-
gerald Bernard, from the 68th Foot, to be Paymaster,
vice Wardell, who retires upon half-pay.
HOSPITAL STAFF.

Staff-Surgeon of the First Class, James Henderson,
M.D., to be Deputy Inspector-General of Hospitals, vice
Barry, promoted.
Staff-Surgeon of the First Class, Richard Dane, M.D.,
from half-pay, to be Staff-Surgeon of the First Class, vice
Henderson.

Assistant-Surgeon John Smith Char!.res, from the 29th
Foot, to be Assistant-Surgeon, vice Afackiunon, appointed
to the 29th Foot.

BREVET.

The undermentioned promotions to take place conse-
quent on tho death of Lieutenant-General Wodehouso, on
11th December, 1857 :
Major-General Sir Duncan McGregor, K.O 8., to bo
Lieutenant-General.

Brevet-Colonel Frederick Charles Griffiths, 12th Light
Dragoons, and Commandant of the Cavalry Depot, at
Maidstone, to bo Major-General.
Brevet Lieutenant• Colonel Charles Barry, half-pay as
Captain, Unattached, to be Colonel.
Major Charles Lavallin Nugent, 58th Foot, to be Lieu-
tenant-Colonel.

Captain Henry Montagu Smyth, half-pay, 41th Foot,
and Staff Officer of Pensioners, to be Major.
ADMIRALTY, DEC. 14.
-

Corps of Royal Marines—Gentleman Cadet Duncan
Gordon Campbell to be Second Lieutenant,

COSIMISSIONS SIGNED BY LORDS-LIEUTENANT.

Royal Rifle Regiment of Militia of the County of Den-
bigh—Lieutenant George Tyrwhitt Drake to be Captain,
vice John Jocelyn Ffoulkes, promoted.
East Kent Regiment of Militia—Robert Owen Hordern,
Gent., to be Ensign, vice Brodrick, appointed to the Rifle
Brigade.
Inverness, Banff, Elgin, and Nairn Regiment of Militia
—Captain the Hon. James Grant, to be Major, vice Sir
Alexander Penrose Gordon Cumming, Bart., resigned.
4th or Royal South Middlesex Regiment of Militia—
Willoughby Burrell, Gent., to be Ensign, vice Scriven,
promoted.
2d Regiment of the Duke of Lancaster's Own Militia
Lieut. Edmund Molyneux Seel to be Captain, vice Lam-
bert Disney, resigned.
Royal Lancashire Militia Artillery—Daniel George At-
chison, Gent., to be Second Lieutenant, vice Ford, re-
signed.
2nd Devon Regiment of Militia—Henry Smith to be
Ensign ; Henry Downs C. Barton to be Ensign ; Henry
Wm. Barbor to be Ensign ; Christopher Wolston to be
Lieutenant, vice Godfrey, resigned; John P. Burnett to
913 Lieutenant, •ice Parr, resigned ; Arthur Wbulfe Bell
Wilson to be Ensign, vice Wolston, promoted; Hugh C
Vaughan to be Ensign, ♦ice Burnett, promoted ; Clarence,
H. Irvine to be Ensign ; Edwav d M. R. Randle to be Sur-
geon, vice Tucker. resigned; Frederick V. Sandford to b.
Assistant-Surgeon, vice Randle, promoted.
Devon Militia Artillery—Wolfran Cornwall Charles
Nugent Guinnisa to be First Lieutenant, vice Thomas
Clarke, resigned ; William Tomkyna to be Second Lieu,
tenant, vice Duneterville, resigned.