The Sun.
London, England, 1850-12-14 00:00:00

14/ VI t lebttton

QUEEN'S BENCH.-(THIS DAY.)
ELAX V. THE LONDON AND NORTH-WESTERN RAILWAY

COMPANY.
(Continued from our Afternoon Elition.)
Mrs. Sear proved that she lived at 75, Castle-street
East, Oxford-street. In August a gentleman came to
her house and said he wanted apartments for a gentle-
man coming from Liverpool to
_London. He took a
room on the first floor at Bs. a-week, and said his
nephew for whom he took the r'oom would come the next
day. He paid a deposit of 45., and gave a reference to a
Mr. Heather. The gentleman said his nephew's name
was Elam. The next day a person came to the bonze
and said he had just come from Liverpool, and
then took the apartments which had been engaged
on the previous day. He said he expected his
luggage from Liverpool in the afternoon, and then
went out. He returned about eight o'clock, and in
about half-an-hour afterwards his luggage arrived
in one of Messrs. Chaplin and Horne's vans. The person
who said he was Mr. Elam paid the porter and signed
the book. A cart afterwards came and took all the
goods away, with the knowledge of the person calling
himself Mr. Elam. The person calling himself Mr.
Elam went out in the evening and never returned again.
Mr. George Sear,' the husband of the :last witness,
proved that he went to a Mr. Heather's, in Cirencester-
place, and asked him if he knew anything of the person
who had made use of his name as a reference when he
took the lodgings of witness'. wife. Mr. Heather said
he did, and that he was a respectable man, and paid his
way.

The SOLICITOR-GENERAL addressed the jury for the
defence. This was one of the most remarkable and
mysterious cases that had ever come within his experi-
ence. The defence which he bad to lay before them
rested mainly on probabilities. What the circumstances
of the plaintiff were was a most material consideration
for the jury. There was no doubt that the plaintiff had
deposited certain goods at the railway station at Liver-
pool, on the 26th July. The goods were conveyed to
London, and they remained at the Camden station from
the 27th July until the 20th August before they were
called for, when the defendants received a letter, signed
"A. Elam," the name of the plaintiff, directing
them to orward the boxes to the house of
Mrs. Sears, in Castle-street. A person was on
the not to receive the goods and to sign the
way., bill. The company then supposed there was an
end of the transaction. That was in August. 1849; and
then, in the following December, four months afterwards,
thcfy received a letter from the plaintiff demanding the
greeds to be sent to his house in Holies-street. It was
r.ot for him (the Solicitor-General) to deny the first letter
was in the handwriting of the plaintiff; but it might be
so or not; if it was not his handwriting, it was evidently
that of some one mest intimately acquaieted with tho
plaintiff's handwriting and his affairs, without going the
length of saying that that first letter was written ;by the
plaintiff in a feigned hand. There was in both letters
the same peculiarity of dotting the " i's" with a
comma instead of a round dot, and they both
closed with , the same words, that the goods
were to be sent immediately. Nobody knew of
the packages being left at the Liverpool station, or of
the contents of them, besides the witness Snowdon and
the plaintiff himself, not even his father or brothers.
What was the condition in life of the plaintiff ? Were
his circumstances prosperous? He (the Solicitor-Ge-
neral) should show the jury that the plaintiff left Hud-
dersfield in an insolvent condition, and that the whole
family were then in difficulties. Afterwards, when the
plaintiff was found at the shop in I )xford-street, he de-
clared that the goods by which he was surrounded did
not belong to him, and that he was only a journeyman
receiving twenty-five shillings a week. The plaintiff
did not pay his rent or his taxes in the
neighbourhood. Under these circumstances the plaintiff
went to America. When the plaintiff returned from
America, he (the Solicitor-General) would prove that he
described himself in the most destitute condition to an
old friend whom he met in Loudon, scarcely possessing
the means of subsistence. Shortly after that he was
found in prison for 1621., for rent which he owed. Was
it at all probable that a man so circumstanced should lie
in the Queen's Bench prison for a considerable time,
when, according to his account to-day, he had lying at
the railway station money and effects sufficient imme-
diately to relieve him from his difficulties? It struck
him (the Solicitor•Gene-al) as one of the most extraor-
dinary stories he had ever heard. The plaintiff
came out of prison in s state almost of destitution on the 6th
of November, and it was not till far on in December that
he went to the railway station to inquire about his
goods. How could it occur to any one besides some of
the connexions of the plaintiff to go to the railway
station and get the goods, describing at the same time
the exact day on which they were forwarded from Liver-
pool? The jury under these circumstances would take
the case into their most serious consideration, as the
company believed they had been made the victims of a
fraudulent transaction,
Joseph Paul, a servant in the employ of Messrs.
Chaplin and Horne, proved the delivery of the goods
in question on the 21st of August, consisting of eight
packages, at 75, Castle-street East.

Mr. T. Thompson, a clerk at the railway station,
proved the entry of the goods in the railway-bill, but
admitted, on cross-exaunivation, that he had been keep-
ing out of the way to avoid being subpoenaed for the
plaiutifE

- Mr. Pollard, a clerk in the employ of the Railway
Company, said he went to inquire fur the plaintiff at 75,
Castle-street, and at 386, Oxford-street, in December
kit. At the latter place he saw Mr. Alfred Elam, the
plaintiff, and asked him if he had any goods at the Cana-
den-town station. He said he had, and wanted them
very much. Witness asked him on what day they left
Liverpool ; plaintiff said his letter would tell that. Wit-
ness then asked if he ever resided at 75, Castle-street
East, Oxford-street. He started, and asked why witness
put that question. Witness said he had a reason for asking
it. The plaintiff then said be never diff reside there,
and inquired if the company had delivered his goods at
75, Cr.stle-street. Witness said the company had done
so; to which he replied, that it was nothing but a rob-
bery. Witness and plaintiff then went to Castle-street
together. After they had made inquiries at Castle-street
-witness asked plaintiff if he had any suspicion of anybody.
He said he did not suspect any one except a man of his
named Wilkins, who had robbed him while he had
been in America, and whom be had left in charge of
his premise's. Plaintiff also said that Wilkins was now
in affluent circumstances, though he had been before in
the greatest poverty. Witness asked plaintiff where
Wilkins, lived; he replied Hemming's-row, and he was
only waiting for an opportunity to catch him. Witness
asked why he had not applied for his goods before.
He said he had been at home only two or three weeks,
and that he had been travelling in the North of England.
Witness asked if there was any one in Liverpool who
wo old be likely to know when his goods were there. He
sa;,d, "No; only a young man who had crossed .the
Atlantic with him." NI itness engaged-to meet him again
ila the evening at Mrs. Sear's. Witness met him
'.;here, and they went together to Mr. Heather's, in
Cirencester-place. Mr. Elam pointed out a marine store
shop as that odflMr. Heather. Witness did not go in.
He said, " Shall we go in ?" Witness said he had no
orders to do so. They parted, and witness never saw
him, again.
(iross-examined—VKitness had not been keeping out
et the way to avoid being subpoenaed by the plaintiff.
( The case was proceeding when our report left).

THE ARMY AND NAVY.
(From th© United Service Gazette o'F this day.)
THE COAST OF AFRICA. NlAlLS.—Devonport is the
place of departure for the Coast of Africa mails, but
it would appear that it is ineligible as a port for
landing the mails from the Coast. On Saturday last,
the Waterwitch appeared in the offing from the Coast,
but instead of the mails being landed there Water-
witch proceeded to Portsmouth, and the mails were
sent back to Devonport, per railway. Had the mails
been landed at Devonport there would have been
ample time for answering letters by the Harlequin,
which sailed for the Coast on Wednesday.
Major-General Jervois has been induced to accept
the Hong-Kong command. It will be remembered
that this officer, a few months ago, resigned the
Mastership of the Ceremonies a; Bath. The gallant
n'licer, having had considerable experience of
Terpsichorean gaieties, will no doubt exert
JAimself to introduce choregraphic pursuits into the
Celestial Empire. If St. Vitus's dance, instead of
malaria fever, were the disease which as-ails our troops
in China, the General would be peculiarly fitted to
control and regulate it; and we dare say, if the
Chinese again show fight, he will lead them " a devil
of a dance." These considerations are important.
Independently, however, of the pecbliar claims which
they confer, we believe Major-General Jervois to be
a good and efficient officer.
A report prevailed at Portsmouth this week, that
Rear-Admiral Superintendent Harvey of Malta
Dockyard, had died suddenly. The report was said
to have reached this country via Marseilles, by the
French mail packet steamer. No information, how-
ev:er, has reached the Admiralty, and we have strong
'masons for believing that the above rumour has no
foundation in fact.
RETIREMENT.—Major Bonham, of the 50th Regi-
ment, is loout to retire from the service. Ills first
commission is dated October, 1629, and he purchased
all his commissions. He was present at the battle of
Punniar ; served at the campaign of the Sutlej in 1844
and 5, including the battles of Moodkee Ferozeshah
• Aliwal, and Sobraon, where he wasp dangerously'
wounded.
TEOOII3 AT DIVINE SERVICE.--it his been sug-
gested to us to point out to, the ?.uLhorities how
1, (ma-
terially the interests of the ~tab isht,d Church might
he promoted in the army, if the pract.. c...0f marching
Roman Catholics to chapel were abolished. It is
believed by many officers, who are attentive observers
of the habits of men, that, if they ri ere not coerced
• into an attendance at chapel, they would stay away.
It strikes us that it might not be inappropriate to
allow the Catholics, Presbyters, and others, to follow
their own inclinations, and only to make a parade and
• duty of attending the service of the Established re-
ligion of the realm.
GREAT EXHIBITION OF 1851.—P, is said that the
battalion of Guards at Chichester will be relieved by
a Highland regiment (the 42d from Bermuda, we
believe), and come to London to do duty during the
. Great Exhibition.
HEALTH OF PORTSMOUTH GARmso.N.—Out of

upwards of 2,000 men not more than 93 are on the
sick list, and of that number one-third are invalids
from their own imprudence.
JAMAICA COMMAND, Major-General Bunbury,
commanding the troops in Jamaica, has issued an
order that the several military medical officers afford
such medical assistance as may be in their power, to
persons residing in the vicinity of each military sta-
tion who may be attacked with cholera. In conse-
quence of the cholera having attacked the troops sta-
tioned at Port Royal, the Major-General has re-
moved them into barracks at Stony-hill.
THE ARCTIC EXPEDITIONS.—A report is in circu-
lation that the North Star is to be recommissioned
forthwith, and sent out to Behring's Straits, to relieve
the Plover. This is incorrect. A vessel will be dis-
patched to the Arctic regions, but it will not be the
North Star, she is unfit for the service.
STEWARD OF GREENWICH HOSPlTAL.—Paymaster
Elliot, Storekeeper of Deptford Victualling Yard, has
been appointed Steward of Greenwich Hospital, vice
Paymaster Jessep, deceased. Mr. Elliot is 66 years
of age. He is brother of that late distinguished
officer, Captain Sir W. Elliot.
SURVEYING SERVICE.—Her Majesty's brig Pan-
dora, at Davenport, will be commissioned for sur-
veying service, by Commander Byron Drury (1845).
We regret to hear that Captain Sir William Sy-
monds, C. 8., Ex-Surveyor of the Navy, is seriously
indisposed.
GOOD SERVICE PvistoNs.—The following General
Officers have just received an addition of one hundred
pounds per annum to their pensions for distinguished
services in the field, viz.:—Major-Generals Archi-
bald Money, C.B. ; J. F. E wart, C.B. ; H. A. Proc-
tor, C.B. ; Sir Francis Cockburn, E. Parkinson, C. 8.,
and Richard Lluellyn, C.B. When we announced
the conferment of the pension in the first instance,
we mentioned the services of these officers, and need
not, therefore, repeat the honourable record on this
occasion. Suffice to say, that they have well earned
the favour of their Commander-in-Cheif and their
country.
UNFOUNDED RUMOURS.—The following paragraph
has been going the round of the papers :—" There are
still rumours that the Duke of Wellington has at last
convinced the Government of the absolute necessity
of balloting the Militia, and that we shall have a new
Militia Act, and also a Bill for enlisting seamen, in-
troduced next session." With respect to the latter, at
least, we may give a positive contradiction to the
statement.

The Paymaster of the Frolic's death vacancy in the
Mediterranean, in the gift of Vice-Admiral. Sir W.
Parker, the Commander-in-Chief, has been conferred
on Mr. Harrington R. Jones, Clerk of 1843, and late
Acting Paymaster of the Volage.

SPORTING INTELLIGENCE.
MANCHESTER.-FRIDAY EVENING.

The little business done was entirely confined to the
Wolverhampton Steeple Chase.
THE DERBY.—Many inquiries have been made during
the week after Newminster, but nearly all the books
being full, very little has been done; he cannot, how-
ever, be quoted at more than 16 to 1 (an offer to take
1,800 to 100 met with no layers). The others as before.
No change in the Chester Cup—nothing done upon it.
THE FLYING DUTCHMAN AND VOLTIGEUR.
Mr. North. clerk of the course, York, has sent the
following notification respecting the actual completion
of the match between these celebrated horses, h ft, which
is to come off at the York Spring meeting, on Tuesday,
May 13:—
" TUESDAY.—Match 1,000, h ft; two miles, over the
Old Course—Lord Eglinton's br h The Flying Dutch-
man, 5 yrs, Bst 71b, agst Lord Zetland's b c Voltigeur,
4 yrs, 7st 121 b."
The York race committee give 400 sove. to be run for,
and the meeting wil take place on the 13th and 14th
of May.

RACING FIXTURES FOR 1851.
The following are the present fixtures as nearly as
we caa ascertain:—

FEBRUARY.
Liverpool Spring
MARCH.

Coventry 4 I Warwick Spring
Doncaster Spring]

APRIL.

Croxton Park 1
Catterick Bridge 3
Epsom Spring 4
Newmarket Craven
The Hoo l2

Newmkt. Second Spring 6
Shrewsbury 8
Plymouth Spring

Bath l5
Malton l5
Newmark. First Spring 21
Abergavenny 24
Chester
AT.

Ascot
Beverley, Hull, &c 4
Hampton ll
Manchester.. ll
Bibury
J u.

York Spring
Epsom

Newmarket
Carlisle ........ 1
Worcester
Liverpool 9

Newton
Stockbridge
Winchester..... 2O
Newcastle

Ripon
Brighton 6
Wolverhampton ..... 11
SMITE

Nottingham
Stamford........ l6
Goodwood

Warwick
Radcliffe 8
Wey mouth . 10
Doncaster
Sandbach

Monmouth
Richmond
Chester ..

' Lewes 13 or 14
York
Egb am 27
:31BER.

Worcester..

Bedford 22 Or 23
Eglinton Park 22 or 23
Manchester Autumn.... 25
Newmarket F.O 3O

Wrexham
Newmarket S.O l3
Newmarket Houghton 27
AMER..
First week.

NOVE,

EXTRAORDINARY POLICE CASE.
THE SCARLET LADY AGAIN.
Yesterday Mary Mummer, well known in the neigh-
bourhood of Exeter-hall as " the Scarlet Lady," was
brought up on the now frequent charge of using chloro-
form to produce a stupefaction, as a means of thieving
with impunity.
John Russell, a most respectable-looking man, who
described himself as an Independent Minister, deposed
that as he was walking towards Westminster shortly
after dusk, he was accosted by the prisoner, who in-
formed him that she had something greatly to his
advantage to communicate to him, adding that it was
of pressing importance, and urged him to accompany
her to a less frequented thoroughfare that she might
divulge it. With some reluctance he consented, and bad
no sooner left the main street, than, with the assist-
ance of a confederate who had joined her, and who
was not yet in the hands of the police (this reprobate, we
understand, is Fanny Faldstool, known about Pimlieo as
" Pretty Pussey"), she suddenly applied and held close to
his face a letter or paper containing some atrocious matter
which had the effect of instantly stupifying him. When
ho recovered bis senses, he found that he had been
robbed of half-a-crown.* He immediately lodged his
complaint at the nearest police station.
Inasector J. Bull said that he had :taken the charge
from the gentleman, who had reached the station evi-
dently still labouring under the nervous excitement re-
sulting from the treatment PO which he had just been
subjected, although his alarm did not seem to equal his
just indignation. From information he reseived, he in-
stantly took the prisoner into custody, and on her being
searched a paper (now produced) was found upon her, as
well as thirteen bad half-sovereigns, a bead necklace, a
small gold crucifix, some millinery, two large keys, and
other suspicious articles.
The paper was handed to the magistrate, and though
no longer fresh, its contents had a considerable effect
upon him, and, indeed, he remarked, for the moment
nearly petrified him.
Mr. Roebuck, who appeared for the prisoner, subjected
the complainant to a searching cross-examination. He
asked, among other things, if complainant had not been
long on terms of intimate friendship with the accused?
Complainant—On terms of courtesy merely.
Mr. Roebuck—ln Ireland ? Recollect yourself.
Complainant—ln Ireland I once assisted in relieving
the prisoner, when in a very destitute condition, and
have since treated her with more consideration than she
deserved, for which I have been repaid with the grossest
ingratitude.
Mr. Roebuck—That will do, Mr. Russell; pray spare
your eloquence, which is not of a very edifying order.
Now, on your oath, were you surprised by the prisoner's
accosting you?
Complainant—l was. Never more flabbergasted in
my life.
Mr. Roebuck—No bad language, Mr. Russell. Do
you not recollect sending her any message by a Mr.
Minto?
Complainant—Possibly.
Mr. Roebuck—Did you not desire her, through him,
to meet you with a certain paper or agreement ?
Complainant—Not with that paper, or anything like it.
Mr. Roebuck observed that he had never met with so
shuffling a witness. He had to state that his unfortu-
nate client had lately been the victim'of a most diabolical
system of persecution at the hands of the whole neigh-
bourhood; that she could never appear without being
pelted and abused; and that the man Russell (who was
no more an Independent Minister than he was) was evi-
dently at the bottom of it; hence this trumped-up charge.
As to the thirteen bad half-sovei signs spoken of as found
on the prisoner, he had reason to believe they were per-
fectly good.
The Magistrate—How do you account for the contents
of this paper, Mr. Roebuck?
Mr. Roebuck (putting the paper under his nose)—l
see nothing the least offemive in the paper. I think it
is rather pleasant than otherwise.
The Magistrate remarked that Mr. Roebuck's idiosyn-
crasy must, then, be a very singular one. He ,the
worthy Magistrate) thought that Mr. Russell's evidence
was perfectly straightforward and satisfactory. Was
there any one
present who could speak to the prisoner's
general character?
iliToinnesphreiswonaesrlisraairdi;hci
twoeolsanweeted, and who could gentlemencoincdoguirvte herwith
all excellent character.
Mr. Beaumont and Mr. Norfolk, the gentlemen re-
ferred to, here stepped forward, and said that, while they
could not deny the connexion, they were very fax from
_the
prisoner's late conduct,
to her family.
esa
wwbisihchin
a countenanced
disgrace
gbadtob been

an(at robs the crown,'
Rgown
's stealing the Crown Jewe's.
• 4, oe chosefiattt
easnttmleileaoscnkasilfsoolrocookdn,

Prisoner—Oh, the saints! oh, Rimini!—the blasphe-
mous Pagan heretical
Mr. Bennett, the late acting-manager of the Pim-
lico Theatre, stated that he had long known the pri-
soner, whose character he considered decidedly good.
He had been, at one time on the point of offering her a
permanent engagement in his troupe, to which another
person he had heard that day calumniated, Miss Fald-
stool, bad always belonged. As to Russell, he (Mr. B.)
could only say that he hoped (but did not much expect)
he would be forgiven for endeavouring to blast the repu-
tations of two most innocent and estimable persons.
Russell had once belonged to his company, and was ac-
tually a connexion of the lady (Miss Faldstool) he had
just mentioned.
Mr. Russell strongly denied the fact.
_ _

Mr. Roebuck then attempted to establish weakness of
intellect as regarded the prisoner, and insisted that she
was an object of pity, and should be given over to the
care of her friends. He called a witness to prove that
she was in the habit of burning candles in the middle of
the day.
The Magistrate—Oh, Mr. Roebuck, if eccentricity
were to be taken in proof of weak intellect, some people
who think themselves vcry highly intellectual might be
proved very much the contrary; I am sure you agree
with me in thinking so.
A Mrs. Harris (so we understood) here remarked, as
umica curie, that if the prisoner were not fully com-
mitted, she (Mrs. H.) was quite determined to be the
death of her, and of all her friends.
The Magistrate immediately bound Mrs. Harris over
to keep the peace, remarking that the interruption was
highly improper, and that he advised her to get rid, as
quickly as possible, of sach bloodthirsty intentions, most
unbecoming to a respectable elderly gentlewoman. The
prisoner, he added, stands fully committed.
Prisoner—Oh, the holy poker!—Weekly News.

THE EXHIBITION OF 1851.
RAILWAY TRAVELLING CLUBS.

The following circular has been sent to the local com-
mittees by the executive committee:—
" Sir,—With reference to the copy of the resolution of
certain railway companies, recently transmitted to you,
we beg to call your particular attention to resolution No.
2, by which you will observe that the facilities proposed
to be afforded for enabling the working cla9ses to visit
the Exhibition next year, are confined exclusively to
those associated in clubs.

" The expediency of promoting the formation of tra-
velling clubs has thus become a subject which, in our
opinion, deserves serious consideration, and we request
you will bring this resolution before your committee with
our earnest recommendation that they should use their
weight and influence for the formation of such associa-
tions as shall be acceptable to the working classes.
In towns, however, where such associations are already
in active operation, we would suggest that your com-
mittee might express their readiness to promote the es-
tablishment of additional clubs, should the wants of the
town, or any other circumstances, be found to render
them desirable.

" We would also suggest that resolution No. 2 should
be widely circulated in your district.
" We shall be glad to be advised from time to time of
the progress made in these arrangements.
" We are, Sir, your most obedient servants,
" WILLIAM REID.
" ALEX. REDURAVE.
" Office for the Executive Committee,
1, Old Palace-yard, Westminster, Nov. 25."