The Sun.
London, England, 1868-09-28 00:00:00

TEE ATTEMPTED MURDER AT NOTTING

SPIRIT OP THE PUBLIC JOURNALS,

HILL.

The Times says this case has, no doubt, already 1 Hopei are still entertained of the recovery of Mrs.
occupied a much larger share of public attention than it Russell, the lady who was so murderously assaulted last
Ever deserved, but still we think that there is one feature ! week. She at first refused to believe that her servant
in it which so far has escaped criticism, and which is of had any knowledge of her brother's presence in the house,
sufficient importance to be worth pointing out. The con- but after calmly reviewing the movements of the girl on
viction of Madame Rachel seems to us to have struck a Sunday night, she now expresses her conviction that the
blow, though it may be only a left-handed one, at our girl must have known something about it. Mrs. Russell
English system of refusing to cross-examine the pri. always believed the girl much attached to her, and
Boner. With the merits or demerits of this system , remarkably truthful, and had made her, in consequence,
we are not now ourselves concerned. Probably somewhat of a companion. The girl had stated that
those who have thought much about the matter , she had no followers, and that she always attended
consider that the demerits preponderate, and that church on Sunday evenings. But this turns out not to be
the prisoner ought, indeed, to be "given law," as the the case, for not only have letters been found in the girl's
phrase goes, if the object of a trial be to furnish sport to possession that prove her to have had followers, but shew,
the public and the court—to provide the lawyers with also, that she scarcely ever attended church, although she
game worth running down ; but that if its object is to was in the habit, on Sunday evenings, after returning
elicit truth, this is most likely to be effected by at least home, of commenting upon the eloquence of the preacher
allowing, if not compelling, the prisoner to submit himself and the singing of the choir. This, however, does not in
to examination. The great majority of Englishmen, any way prove that the girl had any knowledge of her
however, have, perhaps, not thought much about the brother's intention to rob her mistress ;on the contrary,
matter, but they like the present system because it is the movements of her brother on the Sunday afternoon
English and old, and have grown up unconsciously tend to shew that she had not seen him since she had
into the habit of regarding it with that almost lived with Mrs. Russell before the evening of Sunday.
superstitious, yet on the whole salutary reverence On Sunday afternoon, between four and five o'clock, this
by which our judicial institutions, even in their least fellow, who a short time before bad left his mother's
essential details, are fenced about in the national mind. house in Heathfield-street, Notting-hill, met a young
But taking the present system for better or worse, the woman (to whom his brother is engaged), as she was
Times holds that if the accused, in a matter of momentous leaving her master's house in Porchester-square. He
interest to himself—it may be a matter of life or death— asked her where she was going ; she said she was going
is not allowed to give what evidence may suit his case, it down to his mother's house to inquire if she had received
seems perfectly clear that he should not be compelled to a letter from Fred (the young woman's sweetheart, who
produce any evidence whatever. His duty ends, as it begins, is attached to a regiment stationed in Canada). He
in standing simply and solely on the defensive. He may replied, "My mother is out." Later in the evening this
criticise as much as he pleases any theory put forward by fellow was seen at a public-house about 150 yards from
the prosecution, but he is not bound to supply any theory Mrs. Russell's, having, it is believed, obtained some clue
of his own. The Times cannot see why Madame Rachel as to where his sister lived. He watched her home
should have been expected to produce the " dear from church (or rather from her mother's house, where
William." 'The jury had no right to assume that he was she had spent her evening, instead of at church), and
an imaginary person because he was not produced. Look- asked her to let him in to have a chat with her, as he had
ing at the matter from a common sense point of view, as I not seen her for such a long time before. The theory set
distinguished from the legal, this fact points irresistibly to up is that the girl did let him into the kitchen ; that
the conclusion that Rachel was not innocent. Now, in while he was there she heard her mistress coming down-
such a conflict as this between law and common sense, it stairs, and in order to avoid a scolding she secreted her
would be, perhaps, too much to expect that a jury should brother in a cupboard under the stairs, where the pots
prefer law. It must seem a farce to them to be told that, and kettles were kept. After this the girl and her
though the prisoner they are trying is clearly shewn by her mistress sat down to supper, and it was while at supper
own course of procedure to be guilty, they must not convict that they beard a noise, which Mrs. Russell says sounded
her, simply because of a flaw in the case for the prosecution. to her " something like a dust-shovel having fallen
They have no means of knowing that, though the theory down." They both got up, and the servant went first
of prosecution produces mischief in this particular case, to this identical cupboard, and said " There is nothing
it produces good in the vast majority of cases, and that it here ;" and after going over the house together, Mrs.
therefore ought not to be lightly sacrificed. But obviously Russell came to the conclusion that the noise was in the
this excuse cannot apply to the judge, in whose hands the next house. After this the girl opened the garden-door,
jury are, and whose special duty it is to tell them what as she was in the habit of doing every night, to let the dog
the law is. In the charge of Mr. Commissioner Kerr— j out for a run ; and some little time after that the dog came in,
who seems to have thought Judex damnatur cum nocens when Mrs. Russell, fancying the door was open, said,
absolvitur—the prisoner's case was not merely suppressed, " Surely, Mary, you have not left the garden-door
but in its strongest point—the point upon which her open?" The girl at first hesitated, and said
counsel wisely laid the utmost stress, making all that " No," and then " Yes," and then went and fastened
could possibly be made of it—was treated in a most extra- it. This circumstance still supports the theory that
ordinary manner. having let her brother in, she thought he could get out
In the opinion of the Standard the Rachel case is a unseen if she left the door open. Anyhow there was no
simple one, and our contemporary expresses surprise at the alternative but to retire to her bedroom and leave the
comments of some of the journals upon the trial. From fellow in the house, thinking, perhaps, she would let him
the way in which the subject has been treated, one would out early in the morning. When they had gone to rest, it
imagine that the wretched dupe was a peculiarly is supposed that Seiler possessed himself of the hatchet,
wicked person and the convict a greatly injured the bread-knife, and a small chisel, all of which were in
innocent, while the presiding judge is almost directly the kitchen, previous to ascending to the dining-room,
charged with having obtained a conviction by where Mrs. Russell kept her cash-box. But the most
improperly manipulating the evidence, and palm- remarkable fact is, that the desk from which the two £5
ing off upon the jury an utterly unsound theory notes were abstracted was kept in Mrs. Russell's bed-
of his own invention. We differ entirely from our room, with a vase of wax flowers standing on it, but Mrs.
contemporary's estimate of the character of the two Russell cannot say positively whether the desk was in her
women, and are utterly unable to appreciate or acquiesce room when she went to bed, although she was positive that
in a proposition which assumes that " the case made out the stand of flowers was there. And, again, Mrs. Russell
against Rachel was not one that ought to have condemned says she does not remember the dog barking at all, which
her in a court of law," thus obliquely imputing perjury to she looks upon as very extraordinary, as it is a very fero-
Mrs. Borrodaile by suggesting that the representations cious animal, and would not allow a stranger to enter the
about Lord Ranelagh were not made, or, if made, were house. Although the dog was lying at the foot of the
not believed and acted upon by her when parting with bed when her door was opened, it was, by some means or
her money. "The Bond-street mystery" is a mystery other, quietly taken out of the room, for it was found
only to those who shut their eyes to ascertained facts, in locked up in a cupboard the next morning. It is also
order that they may indulge in all manner of extraordi- thought that when the girl discovered what her brother
nary fancies, the oddest of which is, that Mrs. Borrodaile's had done, she, finding his shoes in the cupboard, threw
folly is some sort of excuse for Madame Rachel's knavery, them out of the window, with the view of avoiding his
It may be true that "were it not for fools, knaves could not detection. The position of the shoes, one being some
live," but society will not be much advantaged by giving six or seven yards from the other, and the distance of the
the rogues carte blanche. And to our minds one of the nearest one from the house, shows that they were thrown
worst features of the case is, that the swindler had so with some force from the house.
artfully laid her plans that even when the crime was
detected she was able for a long while to hold her victim
at arm's length by the fear of exposure, and that during
the trial every effort was made to blast the character of
the lady whose fortune had gone to provide Rachel with a
box at the opera, a house at Blackheath, and to find
funds for her defence when arraigned for one of the most
wicked and impudent frauds that was ever exposed in a
court of justice. Entertaining this view, we regard it as
something worse than bad taste to attack the presiding
judge for noticing important points which counsel had
overlooked. Seldom indeed has an important and pro-
tracted inquiry been closed by a summing up so lucid, so
brief, and yet, as to the real issue, so exhaustive, as that in •
which Mr. Commissioner Kerr summed up the evidence
against Sarah Rachel Leverson, and never was a verdict of
guilty followed by a more appropriate sentence than that
by which society has been, for five years, relieved of a
harpy, skilled in the art of victimising the weakest of her
sex, while professing to find them " good and rich hus-
bands " after making them " beautiful for ever " at a fancy
figure, high enough to satisfy avarice and make impudence
ashamed.
The Post is satisfied that to whatever conclusion the
Spanish insurrection is coming, nothing in the shape of a
European complication will arise out of the attainment of
its object, even supposing that to be the change
,of the
reigning dynasty. The Quadruple Treaty was, as Lord
Palmerston described it, a compact of constitutional
powers ; and Queen Isabella, by violating the constitution
which it had in view, has forfeited the support which it
guaranteed. Foreign intervention in the internal affairs
of Spain is therefore out of the question. Like France and
Italy, this country may feel called upon to send a fleet
into Spanish waters, but action beyond that which
would be simply a measure of precaution pre-
scribed by the interests involved, is certainly not
on the cards of any European Government. Hence
Spain is mistress of her own destinies, and now, if
ever, the Spanish people should awake from their lethargy
and choose the part it would become them to play. It
may be hard to do this, and their efforts to throw off a
treacherous yoke may end like Sinbad's first efforts
against the Old Man of the Sea ; but if they are at all
capable of appreciating the independence and freedom
which England gave them the means and the opportunity
of turning to a good account, tyranny and faithlessness,
which have excited the indignation and called forth the
execrations of the civilised world, will fall like a withered
leaf, and, let us hope, manure the soil on which English
blood was poured out in vain.
The Daily News thinks one of the surest tests of the
fitness of the working classes of England for the franchise
is their recognition of the merits of men who have done
good service in the past. The House of Commons requires
new blood. But a House of Commons composed entirely
of new men, without parliamentary experience or official
knowledge, would neither be itself a governing assembly,
nor capable of controlling the executive. So far as any-
thing political and future can be certain, it is beyond
doubt that the year will not pass away without seeing
Mr. Gladstone in office at the head of a Liberal
Administration, and as the leader of a large parlia-
mentary majority. If a promise full of hope is not to
be broken, if the Liberal party is to avoid fatal discredit,
and Mr. Gladstone himself is to have the means of doing
what the country expects of him, he must be suitably
seconded. It is tolerably certain that many of the veteran
"Whig leaders who have hitherto held the chief posts in
Liberal Cabinets are ready and anxious to make way for
younger men. Their places must be filled. A general
and an army are not enough. The army must be
officered. Mr. Gladstone needs lieutenants as well as fol-
lowers. To say nothing of parliamentary giants like Mr.
Bright and Mr. Lowe, such men as Mr. Goschen, Mr.
Stansfeld, Mr. Childers, Mr. Chichester Fortescue, Mr.
Austin Bruce, and others who might be named,
must have a place in any Liberal Administra-
tion which is to be efficiently conducted, and is
to secure the confidence of the country. To be
in the Government they must be in Parliament.
The Daily News commends Mr. Austin Bruce to the
electors of Merthyr Tydfil. When Sir George
Grey's retirement from the Home Office was talked
of, as it used to be periodically,. Mr. Bruce was
fixed on' by Liberal opinion in the House of
Commons as his probable successor. The rumour showed
the estimate in which Mr. Bruce is held. No man is more
thoroughly respected in the House of Commons, and no
man of his parliamentary standing has earned a higher
reputation as a conscientious politician and a masterly
administrator. Mr. Bruce is not a man who can be spared
out of the Home of Commons ; and he would not long
have to go becging for a seat. This opposition to him at
Merthyr is, however, a mistake. his rejection there
would be a scinclal. It would seriously weal:en the
resources of the Liberal party and its leader.

LAW AND POLICE.

A FORTUNE-TELLER.-At Worship-street Police-court,
a young woman, 26 years of age, and described as a
nuisance to the neighbourhood by reason of her calling,
has been charged with having, by means of false pretences,
obtained a quantity of wearing apparel from a female
domestic servant. The old story was repeated, with little
variation. The dupe, having heard of the prisoner's repu-
tation, obtained an interview, was told to "cut the cards,"
and to put her faith in charms, with the result of losing
several garments and a sum of money. It was stated that
the majority of the prisoner's customers consisted of young
girls, and she was remanded, in order that other charges
might be brought forward. . .

INFRINGEMENT OF THE COMPANIES ACT.—The directors
of the Bread Machinery Company have been again sum-
moned at Bow-street for having infringed four provisions
of the Companies Act of 1862. Two of the charges were
declared to have been proved ; and for having neglected to
keep a registered office and a register of the members for
forty-four and thirty-one days respectively, a total
penalty of £3 155., being at the rate of ls. per day for each
of the omissions, was inflicted. _ _ . .

THREATENING' LETTERS.-At the Central Criminal
Court, Eli Fermi, who had been convicted at a previous
sessions of having written threatening letters to a Greek
merchant, named Melas, was brought up for judgment.
The sentence had been postponed with a view to ascertain
the state of the prisoner's mind, and, as there was no
doubt of his sanity, he was ordered to be kept in penal
servitude for five years.

A FRAUDULENT BANKRUET.-At the same court a man
was sentenced to twelve months' imprisonment for unlaw-
fully making away with his property three months before
he had been adjudicated a bankrupt, with intent to defraud
his creditors.

THE NORTH RIDING CHAMBER OF AGRICULTURE
AND THE ELECTIONS.—In accordance with a resolution
of the Council, the secretary of the North Riding Chamber
of Agriculture forwarded printed circulars to the candi-
dates for seats in the new Parliament for the Yorkshire
boroughs and the Riding, requesting their answers to
the three following questions :—" 1. Are you disposed to
vote for a Foreign Cattle-market Bill well calculated to
prevent, as far as possible, the re-introduction of the cattle
plague and other contagious 'diseases ? 2. Are you pre-
pared to support a par:iamentary inquiry as to the un-
fairness of the exemption from local t: xatien of income
arising from personal property? 3. Will you support a
bill for county financial boards in which the elective prin-
ciple and representation of the ratepayers are fairy
adopted ?" The resolution already passed by the Chamber
is enclosed to each candidate.

YOUTHFUL MARRIAGES IN LANCASHIRE. —The
Royal Commission on the Law of Marriage has opened
out some curious and instructive facts relative to the early
age at which persons frequently enter upon wedded life.
Strangely enough, such cases are not of most common
occurrence in Scotland, where, as is well -known, the
consent of guardians to the marriage of minors is not
required, and where, in consequence, the facilities for
contracting wedlock at a tender age are very great—
greater indeed than in any part of the United KingOom.
Instances of what may be called immature marriages
seem to belong chiefly to England, and the cotton district
of Lancashire is the favoured locality where they
flourish in the most exuberant abundance, Thus,
for example, the census returns of 1361 show
that in Bolton 45 husbands and 175 wives were married
at the age of 15 and under ! But Bolton does not
stand alone in the preccclty of its marriages. Burnlt y
comes within 22 of the same number. It can boast of its
51 husbands and 147 wives coupled at the same tender age.
But both places are thrown into the shade by Stockport,
which, for its matrimonial proclivities, asserts a proud
pre-eminence. It has its 59 husbands and 179 wives who
are in the same category as the Bolton and Burnley
children.

INFANTS AND THE FRANCHISE.—By the 3rd Sec-
tion of the Reform Act 1867, one of the necessary qualifi-
cations of a claimant to entitle him to be registered as a
voter is that he should be of full age. What, then, is
" full age ?" From the notes to Mr. Wilkinson's book we
_ __ _

take the following:—" Full age is completed on
the (21st) anniversary of a person's birth (1 81.
Coto. 473) ; and as the law does not notice any fraction of
a day (1 Salk. 44 ; 2 lb. 625 ; 1 Ld. ltaym. 84, 280, 480 ;
2 lb. 1395), a person becomes of age the very
instant that the hour of twelve o'clock in the

The Standard remarks that Mr. Gladstone's followers
seem to require a great deal of patting on the back. Once
a week at least they are assured that they have only to go
in and win. Still the syniptoms of panic are many and
evident, and the wild confidence of the early days of the
contest is sadly impaired.. The Observer has endeavoured
to cheer up its readers by the announcement that Mr.
Gladstone was likely to have at "least 400 supporters at
his back, or a minimum Liberal majority of 136 in the
new Parliament." Probably the Observer does not know
any better. He would be a far-seeing man, indeed, who
could so accurately predict the result of an election whose
conditions avowedly perplex and baffle the judgment of
the most experienced electioneerers. As to the tip "of
the Observer, it is as valuable as a contribution from 014
lgoro or Ziadkiel,

morning of such preceding ' day 'is passed. Where,
therefore, the voter's father proved that he was
born at nine o'clock on the morning of the 11th, and he
tendered his vote on the morning of the 10th, the vote
was, after a-gument, allowed (Bishop's Castle, Rogers,
166.)1t will not be necessary that the person claiming to
he registered should have been of full age during the whole
of the period for which he is required by this section to
have occupied, and to have been rated. It will be suffi-
cient if he has, in fact, complied with the requirements of
the section in those respects, and is of age at the time of
the revision of the lists (See Powell v. Bradley, 34 L. J.
67, C. P. ; 18 C. 8., N.S., 0 ; 1 H, and P, 1594—Law
TiMeis•