The Sun.
London, England, 1850-01-14 00:00:00

ALARMING MUTINY BY THE

PRISONERS IN APPLEBY GAOL.

John Jackson, Jahn Hart, and John Wel!, under
sentence cf transportation, and John Wilson and
Richard Morgan, under sentence of imprisonment,
five most desperate and ruffianly characters, were
confined in the same ward of Appleby Gaol.
They had been punished more than once for
insubordination, and on Wednesday, after they had
taken their dinner in the day-room, they commenced
throwing and kicking about the tin basins in which
their soup had been supplied, and otherwise manifest-
ing a riotous intention. Mr. Thwaites, the governor,
remonstrated with them, and threatened solitary
confinement. 'Wilson set him at defiance, and
threw one of the tin basins at the iron bars which
separated the governor from them. Mr. Thwaites
thereupon insisted on his coming out to be locked
up. This he pertinaciously refused to do, and the
others (excepting Morgar, who took no part in the
revolt) used the most abusive and threatening lan-
guage to the officers, especially the governor, whom they
swore they would kill if he came near them.
While Mr. Thwaites left the gaol to obtain addi-
tional aid, four of the mutineers armed themselves
with the fire shovel, three heavy broom-sticks, the
handle of a hand corn-mill, and three heavy nut-
screws and some iron washers which they screwed
off the mill. On the return of the governor with
Mr. Bird, the superintendent of police, and other
assistants, they threatened to murder the first that
entered. Thu narrowness of the door into the ward
will only admit of one person passing through at a
time, and the floor of the ward being a little higher
than the floor of the passage where the constables
stood, and the approach to which is by two steps, the
prisoners possessed considerable advantages, and
great difficulty was experienced in effecting
an entrance. Mr. W. Raine first made an attempt,
armed with a constable's staff, but was repelled ;
and having retreated a short distance, Wall threw
at him one of the nutscrews, weighing a pound,
which struck him on the left ear, inflicting a serious
wound on the head. This was followed up by the
other nutscrew and the washers, one of which struck the
turnkey on the back of his head. Additional assistance
was now procured ; the door was forced open, and
a terrific conflict took place. The prisoners fought
desperately, and with an evident intent of fulfill-
ing their previous threats; but being outnumbered,
they were soon subdued. The constables had to
apply their staffs to the best advantage they could, both
offensively and defensively ; and the resistance they
met with aroused their ire to such a degree that the
prisoners had to call out to the gaoler (whose life
they had just before threatened), to protect them
from the unnecessary blows that were being
inflicted. Mr. Ifeelis, the under-sheriff, reached
the gaol soon afcer the mutiny was quelled, and
gave directions for the insurgents to be put in
heavy irons, as the only effectual means of prevent
ing another revolt. Indeed it would be unsafe to
give them even the liberty of the yard, considering
their malicious intentions towards the officers, parti-
cularly towards Mr. Thwaites, whom Jackson swears
he will murder before he leaves the prison, if an oppor-
tunity offers.

BANK OF FRANCE.
The following is a return of the situation of the Bank
of France on Jan. 10:

ASSETS.

Cash and ingots f. 305,531,672 20
Ditto in branch banks 132,712,339 0
gills past due ". ". 99,101 55
Bills falling due in Paris, of which
18,239,317 f. 31e. were received from
the Branch Banks ... ... 46,563,382 74

Bills in the branch banks ... 73,555,552 0
advances on coins and ingots... ... 3,452,500 0
Ditto by the branch banks ... 572,162 0
Ditto on French public securities ... 18,878,019 85
Ditto by branch banks...
_2,453,691 0

Ditto to the State on Bons du Tresor... 50,000,000 0
Ditto on the loan of 150 millions ... 50,000,000 0
oa❑ of 3,000,000 f. to the city of Mar-
seilles ... „. ... 1,350,000 0

Rentes of the reserve fund ... ... 10,000,000 0

fientes, disposable funds ... 42,514,988 13
Investments of the new branch banks in
the public funds ... 12,826.541 39
Hotel and furniture of the Bank ... 4,000,000 0
Real property of the branch banks ... 2,975,275 0
Interest in National Discount Bank ... 200,000 0

Ditto branch banks ... _ ... ... 230,000 0
Bills protested at Paris 2,180,096 57
Ditto at the branches '... ... ... 1,656,563 0
Expenses of administration of the Bank 1,847 75
Ditto of the branches ... ... ••• 43,174 0
Miscellaneous ... ... ... ... 767,002 51

E 762,568,908 69

LIABILITIES.
Capital ... ... .. ... „. f. 67,900,000 0
Ditto of the Branch Banks ... ... 23,350,000 0

Reserve fund

10,000,000 0

Ditto of the branch banks ... ... 2,980,750 14
aPserve-immobilit)re ... ... ... 4,000;000 0

Notes to bearer, in circulation ... ... 383,740,600 0

Ditto of the branch banks ... 71,912,400 0
Ditto to order (post-bills) ... 1,865,361 50
Atcount•current with Treasury creditor 71,545,591 29
Various accounts current 79,917,255 94
Ditto in branches ~. 23,282,888 0

Bills payable at sight ... ... 4,544,500 0
Ditto at branches 1,330,587 0
Sills of :he branch banks payable by

the Bank

••• 7, 010, 713 65

Ditto of ihe Bank payable by branches.. 3,270,173 0
Dividends payable 2,398,091 25
Liquidation of the Algiers Bank ... 150,797 99
Di,counts, interest, and expenses ... 398,417 39
Ditto branch banks ... ... 253,403 0
Re discounts of the last six months ... 136,284 27
Ditto in branch banks .. ... 285,183 0
Miscellaneous ... 295,911 27

f. 762.568,908 69
Certified by the Governor of the Bank of France,
D'ARGOUT.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Jun. 12.
(Sittings in Banco, before Justices PATTEsoN, COLE-
RIDGE, and WIGHTNIAN.)
GADSBY V. ESTALL.

Two actions in this case, which was criminal con-
versation with the wife of the plaintiff, have been
tried, and in each the jury returned a verdict for the
defendant. A rule nisi was again obtained for a
third trial, on the ground of the verdict being against
evidence, and more particularly as there had been
conflicting testimony with regard to the handwriting
of the defendant to a certain letter which he was al-
leged to have written to the plaintiff's wife, in which
he addressed her as " My dear Madam," and directed
her to burn the letter, as he did not know whether it
might not fall into her husband's hands, and con-
cluded, " Yours, affectionately." The first trial was
before Mr. Justice Wightman, who was not dissatis-
fied with the verdict for the defendant; the second
trial was before Lord Denman, who was dissatisfied
with the verdict. The plaintiff had made an affidavit
stating his belief that the letter was in the hand writ-
ing of the defendant, but the defendant had not made
any affidavit denying that fact.
Mr. Sergeant SHER showed cause against the rule,
urging that the plaintiff had had ample time and op-
portunity afforded him for making out a complete
case, and that it was ruinous to the defendant to send
the case down again, when he had succeeded in two
actions.

Mr. HAWKINS supported the rule for a new trial,
but was stopp€:d by the Court.
Mr. Justice PATTESON said there were some very
peculiar circumstances in this case with regard to the
letter ; not that he would for a moment have it sup-
posed that he should say there ought to be a verdict
for the plaintiff; but there were peculiar circum-
stances as to whether the letter was in the handwrit-
ing of the defendant that induced him to consider
there ought to be another trial. There wrs no rule
that two verdicts given the same way should prevent
a third trial He quite agreed with the observations
of the late Chief Justice Tindal, who bad stated that
the general rule was that a verdict once found should
stand ; the setting it aside was the exception, and
ought to be an exception of rare occurrence. It had
been said that to send a case down again was to
invade the province of the jury ; but he did not see
how the importance of a jury could be impaired by a
solemn investigation of the matter. He (Mr. Justice
Patteson) adopted all that language, and he trusted
that upon the third trial the jurors would exercise
their judgment as if the case had been sent before
them for the first time. The circumstances were so
peculiar that the Court could not do otherwise than
submit them to a third jury, upon payment of costs
by the plaintiff.
Mr. Justice COLERIDGE and Mr. Justice WIGHT-
MAN, in concurring with Mr. Justice Patteson, stated
that the peculiar circumstances of the case alone in
duced them to send the matter down again.
Rule absolute.

CENTRAL CRIMINAL COURT.
OLD COURT.
THE TRIAL OF LOUIS JOEL, FOIL FORGERY.

(Continued from our Afternoon E lition of Saturday.)
Mr. CHAMBERS then addre,sed the jury for the
defence, in a speech of great power and eloquence.
Tne principal points he relied upon were, that whereas
the prisoner had all along asserted the genuineness of
the bill, and had made two affidavits to that effect ;
every one of the witnesses who were called to prove
the contrary had a strong bias, and were deeply inte-
rested in proving that it was a false instrument, and
thereby getting rid of the liability in connexion with
it, and he urged that this consideration became the
more important for the consideration of the jury when
they recollected that independent witnesses from
Messrs. Cox and Ce., from Messrs. Arnut and Co.,
and from Messrs. Bouverie and Co., might have
been called to express their opinion whether
or not the acceptance to the bill was in
the handwriting of the prosecutor. None of