The Sun.
London, England, 1857-08-26 00:00:00

IRELAND.

DUBLIN, TUESDAY MORNING.
ENCUMBERED ESTATES COURT.
The estates of Mr. Vincent Scully, whose unfor-
tunate connexion with the Tipperary Bank has in-
volved him in a sea of litigation, aye to be sold in
the Encumbered Estates Court in November next.
The property lies in the counties of Tipperary and
Cork, and comprises in the gross 3,166 acres, yield-
ing a rent of 2,1001. a-year. Mr. Scully's position
as regards his relations with the broken bank is one
of peculiar hardship, and fully entitles the late
member for Cork to the sympathy which his case
has excited among all classes of his fellow-citizens.

SPOLLEN. •
A provincial journal (the Newry Telegraph), refer-
ring to the re-arrest of the notorious James Spollen,
makes the following judicious remarks :
" The detectives may be able to mead their
hand, but let the Exemtive be wary. While
the plea of autrefois acquit would not
bar
Spollen's trial on an indictment for another crime
than murder, in the face of the verdict of Not
guilty' a jury would ba slow to arrive at the con-
clusion involving a censure on the previous finding.
It must be owned that, however powerfully moral
influences told against the prisoner, public opinion
rims with the view of the papers, that the jury
co,ild not have brought in a verdict of guilty upon
the evidence produced. Without supplemental
proof, therefore tending not only to supply wanting
links in the chain of evidence, but to impar strength
whero weakness had been developed, it were a fatal
blunder for the Crown to adopt the somewhat un-
usual course now seemingly in contemplation.
Failure, the more likely in conseqnence of the
abortiveness of the former prosecution, would bring
lasting reproach on our criminal judicature.

COMMITTAL OF SPOLLEN POR THE ROBBERY

AT THE BROADSTONES.

DUBLIN, TUESDAY MORNING.
The submarine telegraph has doubtless informed
you of the committal of Spollen for the robbery at
the Broadstone Terminus on the night of the mur-
der of Mr. George• Little. The prevailing opinion
is that if this man had quietly betaken himself from
public and police observation the authorities would
have taken no further proceedings against him, but
he bad the effrontery to ou'rige public decency by
bis exhibition at Prince Patrick's Theatre. Had
he been detained in custody on the day of his ac-
quittal of the charge of murder, and a new trial for
the robbery been cenamenced, Spollen would have
found sympathisers in the general crowd, who
would have regarded him as a police victim, but
his exhibition at Fishamble-street elicited but one
sentiment amongst all ranks—unmitigated disgust.
The Crown is thus coerced to take the course it has
adopted. The proceedings in Capel-street Police-
office yesterday were not without public interest.
Mr. Porter presided.
James Spollea was brought forward, charged
with having " feloniously stolen, in the dwelling-
house of the Midland Great Western Railway Com-
pany of Ireland, money, in all over the value of 51.,
the property of said company, contrary to the
statute in such cases made and provided, against
the peace of our Lady the Queen."
Mr. Corballis, Q.C., Mr. Fitzgibbon, Q.C., with
Mr. Kernmis, Crown Solicitor, appeared on the part
of the Crown ; and the prisoner was undefended.
Mr. Corballis said he‘ should state why he ap-
pearel, accompanied by his friend Mr. Fitzgibbon,
in this case. The charge against James Spollen,
whose name was unfortunately but too familiar
with the public, was one of robbery, or, to speak
more technically, a charge of stealing in the dwell-
ing-house to the value of 51. and more. They
proposed to examine witnesses to prove that fact,
and to ask the magistrate to commit him on that
charge. It would be unnecessary to occupy time in
going into further details then—
Mr. Porter—There were certain informations
returned in reference to another offence, and it
would appear to me that upon these informations
there might have been an indictment for this offence
sent before the grand jury.
Mr. Corballis—No doubt of it, sir. I recollect
when I was here before you on thet occasion, Mr.
O'Donnell, I think, said what was to be done was
in reference to the other charge contained on the
charge-sheet ; and for my Own part I felt that there
was evidence of a very strong character against
the prisoner for the more serious offence, and I
thought it would therefore be frittering away time
to take any steps with regard to this.
Mr. Porter—These informatious are in the hands
of the Clerk of the Crown, and will be available if
this man is sent for trial on this charge of feloni-
es-este entering the office of the late G. S. Little, and
stealing therefrom tue sum of 3001.
Mr. Corballis—But the prisoner is not amenable
to justice yet.
Mr. Porter—And all you want is to have him
made amenable by me.
Mr. Corballis—Nothing more. If you think
yourself warranted in granting the committal at
at once on this second charge, on the informations
already before you, we shall be quite satisfied, and
it would certainly be the pleasantest course.
Mr. Porter—l will let you take your own course,
I only make the suggestion.
Mr. Fitzgibbon—All we have to do is to satisfy
your mind that this case ought to be sent for trial—
before a grand jury first, and next before a petty
jury ; and it appears to me that the informations
already on record in this case, and which were all
taken in the presence of the prisoner and his coun-
sel, who had the opportunity of cross-examining,
and did cross-examine the witnesses, are sufficieut
to justify you in holding him in custody.
Mr. Porter—Do you propose to give any addi-
tional evidence ?
Mr. Fitzgibbon—l think not.
Mr. Porter—l think there can be no doubt that
the Attorney-General, if he chose, could have sent
upiair.bodlorobfaiiini:aientd Mr. r
ment for.t;
what I may call the
minor offence.
Fitzgibbon--There is not
the least doubt about it.
Mr. Fitzgibbon--I think it would be well to
bring evidence before you that a sum of between
3001. and 4001., the money of the company, was on
the night of ie 13th November unquestionably
feloniously abstracted from the office, and that some
of the money identified beyond possibility of doubt
was subsequently found in the neighbourhood of
the cottage occupied by the prisoner.
wouldcagebeidl ir
e affectation
tiv,t Mr.there
r has
s—lnot
not
been made in re-
ference to this minor offence on which the Crown
abdcon to say
ytati
are entitled, if they choose, to send up an indict-
ment.
Mr. J. Chamberlain examined I was Mr.
Little's assistant. On Thursday evening, the 18th
No veml-,er last, I left the office about 5 o'clock, and
Mr. Little remained after me,
as he always did. I
never after saw him alive. I saw the prisoner
painting the railings in the office on one occasion,
and on another evening he came and left his tools
there. Mr. Little sent for him on several occa-
sion 3. (The witness then identified the documents
found with the stolen money as having been ab-
strac'ed from the cashier's office.)
Mr. Thomas Bennett stated that the amount
which came into Mr. Little's bands on the 13th
of November, and fie. which he charged himself by
entries in his own handwriting, was 2,7721. Os. Rd.
When the office door was 'Token I found money
and vouchers to the amount of 2,4341. 23. lid., the
difference being 337/. 17s. 9d. Mr. Little'a dead
body was in the office at the time. Unless the dif-
ference was feloniously abstracted from the office,
he had no means of accounting for the deficiency ;
there was 3301. in actual cash taken, including the
surplus moneys.
Inspector Ryan having re-acknowledged his in-
formation on which the warrant for the prieonet's
arrest was granted,
Sergeant Meares, of the G division, st +led that
he searchel the ralway premises on the 24th June,
a,n.l found between the po )thou - e wall an'l the
railway 2321. in gold, silver, notes, and copper,
amongst which were two packages marked 2/. 6s.
and 21. 18s. 6d. surplus won
Mr. Porter—There is sufficient to justify me in
sending the prisoner for trial. If (addressing the
pris )nor) you wig% to say anything upon the sub-
ject you are at liberty to do so ; but it is right that
I should caution you that what you state will be
reiuced to writing, and may be given in evidence
against you on your trial.
Prisoner—l decline to make any statement until
I am able to produce counsel.
Mr. Fitzgibbon—l unders'and that Inspector
Ryan found upon the prisoner's person 10/., and I
think it is right that it should be put into his hands
to do with it what be pleases.
Mr. Porter—Oh, certainly. It appears that there
was found upon him 9/. 10s.
gold, 7s. 6d. in silver,
and sd. in copper.
Prisoner—l hive been told that will not be suf-
ficient to defend me. The gentlemen 'that have
been acting for me recently have been complaining
bitterly that they have been at a loss, and that
they did not rective enough to cover the expenses
of the trial.
Mr. Fitzgibbon—We have nothing to do with
that.
Mr. Porter—Direct Inspector Ryan to bring the
money over to the prisoner and get a receipt from
him.
d he would give him The prisoner here asked Inspector Ryan for his
watch.
Mr. Porter—ln reference to the observation that
every-
thing Ispnbeacttohri sR nil Isnaif e.
you have made of not having received enough, .1

understand that the Crown offered you the means
to pay for your defence at the late investigation.
The Prisoner—These gentlemen tell me that they
have been at a loss.

Mr. Porter—lt is very well that the public should
know that the Crown were not bound to give you
anything at all.

Mr. Fitzgibbon—It is right to mention that there
were found eight sovereigns and 17s. 6d. in the
prisoner's drawer at the time of his arrest, which
money was returned to him when the trial was
over ; and before his trial the Crown had given him
no less a sum than 201. to do what 1).1 pleased with,
and that was a very ample bum for his defence.
Mr. Corballis—The prisoner having had furni-
ture it was thought not right to deprive him of the
means of defence, and in that way the 201. was ad-
vanced, though the furniture was only valued at
131., so that he could not say that he was deprived
of the moans of defence.

Mr. Porter then committed the prisoner for trial
at the next city commission.

THE MURDER IN THE QUEEA'S BENCH

PBISON.

Mr. W. Payne, the coroner for the bprough of
Southwark, yesterday held an inquest in the Queen's
Bench Prison, upon the body of Robert Hender-
son Robertson, who died iu the prison in conse-
quence of injurirs inflicted upon hitu by an Ita'ian
named Antonio de Salvi, with a dagger-knife under
very peculiar circumstances.
Mr. M'Mahon, the barri.ter, was present to
watch the proceedings on behalf of Do Salvi, Mr;
Sleigh and Mr. E. Hawley were present on behalf
of Mr. J. S. Gower, whose name was mentioned
in connection with the proceedings ; and Mr. Craw-
ford, from the office of Mr. Wontner, solicitor,
was present on behalf of the family of the deceased.
The matter that was the subject of inquiry has
been so frequently before the public, that it will be
unnecessary to do more in the outset than to state
that the deceased was confined in the Queen's Bench
Prison at the suit of De Salvi and Mr. Gower, and
that on the Bth July they both went to the Queen's
Prison, accompanied by a solicitor named Thomp-
son, for the purpose of endeavouring to effect some
arrangement with the deceased relative to the pay-
ment of the debt. It appeared that the deceased
was disinclined to make any such arrrangement,
and denied that he owed the money ; and the
consequence was that De Salvi became fearfully
excited, and suddenly drew a dagger knife,
and stabbed the deceased in the face, and the

temple, and the nape of the neck, the blade of the
knife breaking in the last mentioned wound. The
injuries were from the first fel to be of so danger-
ous a character, that it was known the decease 1
could not survive ; and he lingered until Saturday
last, when he expired. Upon the supposition that
Mr. Gower bad made use of some expression of
encouragement to De Salvi, they were both com-
mitted upon the charge of wounding with intent to
murder, but the grand jury ignored the bill against
Mr. Gower, who had been admitted to bail, and
De Salvi was tried and convicted on Friday last at

the Central Criminal Court, upon a minor count on
the indictment of wounding with int3nt to do
bodily harm, and sentenced to fifteen years' penal

servitude.

Mr. Sleigh, at the commencement of the pro-
ceedings, said he thought it right to state that Mr.
Gower would have been present, but that in conse-
quence of the state of his health, arising from the
anxiety he had undergone, he had found it abso-
lutely necessary to go into the country, bet he had
been telegraphed for that morning, and he would
very probably be in attendance before. the close of
the inquiry, and he was most anxious to answer
any qtr scions the jury might think fit to put to
him in reference to the sad affair.
Mr. Wakem, the surgeon of the prison, was then
called as a witness. He stated, in addition to the
testimony that has previously appeared, that the
deceased died on Saturday evening, and on the fol-
lowing morning he made a pest mortem exam:na-
tion. He said that all the wounds the unfortunate
man had received had entirely healed externally,,
and he only considered it necessary to make a
minute examination of the one at the nape of the
neck, in which he had always b?liev,d the broken
portion of the kuife still remained. Ho ascertained
that the spinal cord had been divided, and dis-
covered about two inches of the pointed portion of
the blade of a knife embedded in one of the verte-
bras, and it had entered to such an extent as to re-
quire considerable force to remove it. The cause
of death was paralysis, produced by the division of
the spinal cord, End the consequent exhaustion
that followed upon an injury of that desc, iption.
Mr. Wakem produced the portion of the spine
that he had removed, preserved in spirits, and with
the broken blade of the knife still remaining in the
place where he discovered it. The point of the
knife was subsequently removed, and compared
with the weapon that was picked up at the time of
the occurrence, and they were found to correspon.l
exactly.
Mr. Alexander Robertson, the son of the de-
ceased, a young man, was then examined. He
was a good deal affected while giving his evidence.
He said—l reside at No. 26 Berkeley-square. The
deceased was my father. He did not follow any
profession. His name was Robert Henderson
Robertson. He was forty-nine years old. I saw
him last week, and he told me then that ho did not
think he should recover, but he made no statement
relative to this affair.
Thomas Buchanan, a police sergeant, produced
the broken knife, and he stated that he had made
inquiries at most of the cutlers in the metropolis,
but could not discover where it had been purcha,ed.
The pars ms to whom he had shown it, he said,
were of opinion that it was a foreign manufactured
knife, and that it had been made either in Frauce
or Germany. _ _

Mr. Reed, one of the principal clerks at the
Central Criminal Court, produced the deposition of
the deceased taken by Mr. Cembe, the magistrate,
in the prison, in the
presence of De Salvi and
Gower, and which has already appeared. The
material portions of it consisted of the allegations
that he had never seen Gower before the day in
question, and that De Salvi hid on previous occa-
sions threatened his life ; and while he was making
the attack upon him Gower called out, " Give it
the villain," and incited him to persevere in his
violence.
In answer to a question put to him, Mr. Reed
stated that the grand jury ignored the bill against
Gower.
Mr. Richard Thompson, the solicitor, who ac-
companied the parties to the prison on the day in
question, was then examined, and he repeated the
evi'lenee given by hint on the former occasion. He
said that there was first an alterc ition between Mr.
Gower and the deceased about the debt, and the
latter said that as to 2001. of the money, he had
never received it. De Salvi then sael " I let you
have the money." The deceased again stated that
he did not have it, and De Salvi appeared to be
very angry, and got closer to him, and at
this time he said Mr. Gower was standing
four or five feet off. De Salvi suddenly placed
his left hand on the 'deceased's right ehou'd.er, and
almost at the same instant appeared to strike him
in the face as he thought with his first, but imme.
diately afterwards he observed that he was bleed-
ing, and he fell from his chair, and De Salvi then
struck him on the back, and ran out of the room.
He then observed that Mr. Gower had also gone
out of the room, and he went up to the deceased
and rendered him what assistance he could. The
witness also stated that he did not see any weapon
in De Salvi's hand, and that Gower, to his recol-
lection, did not say a word while the transaction
was taking place.
Mr. C. E. F. Wylde, a gentleman at present
" residing," as he stated, in the Queen's Bench
Prison, deposed, that upon hearing the alarm of
murder on the day in question, 11 went into the
deceased's room, and heard him exclaim, "I am
dying ; take down quickly what I have to say."
Witness at once procured some writing paper, and
at the request of the deceased he wrote as follows :
—" Send for Mr. Henderson, 7, Mincing-lane, by
express ; and for Mr. Yenning, 9, Tokenhouse-
yard. Send for the first medical man you can get."
Mr. W. Bell, another inmate if the prison, de-
posed that he saw De Salvi run out of the deceased's
room, followed by Gower, and that the latter made
a stop, and exclaimed " Oh !" and at the same
time appeared to shudder.
Mr. Mouser, another prisoner, repeated the evi-
dence ho gave at the Central Criminal Court, which
was to the effect, that a short time before the Bth
of July he.was in the deceased's room with him and
De Salvi, and the latter said, in a very menacing,
tone, that ho wanted to have some private couver-
-1 sation with the deceased, and the latter motioned
him not to go, and he remained. There was then
some conversation between De Salvi and the de-
ceased upon the subject of the debt due to the
fotmer and Mr. Gower, and he said that if the de-
ceased did not make some arrangement to pay
them, be would have his life. The witness stated,
in addition, that after the affair had taken
place on
the Bth of July, he went into the deceased's room,
and the deceased said to him, "I have not msaari
minutes to live. I have been stabbed by De
hv
several times. Gower was more to blame thane,
because he incited him—take care be does not
bservation to l
escape." The witness made the o
the oece as e
cl
c. What of
Colwell,
Ateur,..thepnei
Thompsonri
plied, " He remained in the zoom and said
nothing."
principal turnkey of the prison,
and um,re
reee,
tonbe
deposed that he saw Mr. Gower, after the occur-
he appearedquate horror-stricken and seemed
long far assistance. De Salvi wanted to

speak to him, but Mr. Gower said to him, " Don't
speak to me, you villain. Oh God, that I should
have come to this place with such a villain."

In • answer to questions put by Mr. M'Mahon,
the witness said that while the deceased was quite
aware he could not survive the injuries he had re-
ceived, he told him the nature of the evidence that
had been given by the witness Monger before the
magistrate, and he smiled, and said that De Saivi
had never threatened him to his face, and he was
only afraid of him on account of the threats he had
uttered towards him cubicle the prison.

Dennis,- one of the turnkeys of the gaol,-deposed
that he took charge of De Salvi, and told him that
he was accused of stabbing Mr. Robertson, and he
replied that it was true. He was then old that
Mr. Gower was also charged with inciting him to do
the act, and he replied that he knew nothing about
it. He, aftar this, tried several times to speak to
Mr. Gower, but the latter would not allow him to do
so, and repeatedly said that he was a villain and a
murderer. •

This brought -tl-e evidence to a close, and several
of the jury said they were of opinion that it would
be unnecessary for the Coroner to trouble himself
with any .-observations in reference to Mr. Gower.
as thi were of opinion that he had nothing to do
with the act committed by the other man, De
Sal vi.

The Coroner, in summing up, said he should call
their attention to all the facts in the case, and they
would then form their own conclusions. With
regard to De Salvi, he said, it appeared t) him it
would be impossible for them, if they believed the
evidence, to return any other verdict than one of
wilful murder. There was no provocation of any
kind that in lsw would reduce the crime to man-
slaughter, for if a blow had been struck, which was
not even suggested, that would not have justified
the use of a deadly weapon. As to Mr. Gower,
he could only be implicated in the matter by what
was termed in law being a principal in the second
degree, by aiding and inciting to the commission
of the offence ; and to make that out, they must
be satisfied that he knew what De Salvi was doing,
and that he was aware he was making use of a
deadly weapon. It appeared to him that there
was little or no evidence to warrant such an assump-
-1 tion) and he reminded them that Mr. Thompson,
' who was present all the time, stated that he never
saw any weapon_in the hand of De Salvi, and that
he imagined he was striking the deceased with his
fist urril he saw him bleeding.
The jury almost immediately returned a verdict
of Wilful Murder against Antonio di Salvi only. I

rtlirbr Vbitton

SUN OFFICE, Six o'clock:

EGIIAM RACES.—(This Day.)

(BY ELECTRIC TELEGRAPH.j

Salonica..

Dundee........,
Pauli Monti..

Little Treasure
Bribery colt
Ls ly Nelson

Fisherman..
Winkfield ..

Tame Deer..

EGHAM STAKES.

Five ran.
BARONS', STAKES.

Six ran.
QUEEN'S GUINEAS.

Eight ran.

RADCLIFFE RACES.—(This Day.)

(BY ELECTRIC TELEGRAPH.)

BURY HANDICAP.

Hesperithnea .
Game Pullet
Jack Spring -

Three ran.

NAVAL APPOINTMENTS.

The falowirg appointments were made at the Ad-
miralty this afternoon :

Captain—A. C. Alderso ), to the Valorous.
Commanders—R. W. Courtenay, to the Conflict ;
C. Vesty, to the St3x.

Lieutenants.-11. D. Hickley, Lewis Batetow, and
A. J. Kennedy to the Diadem.

GOOD SERVICE PENSION.

Captain Jchn Adam to have the good serviee pest
sion, lacant by the promotion of the Hon. H. Keppel
to his flag.

ALLEGED SUICIDE FROM REFUSAL OF
RKLIEF. - HOW THE CASUAL POOR
ARE TREATED.