The Sun.
London, England, 1844-11-28 00:00:00

THE SUN, LONDON, THURSDAY _EVENING, NOVEMBER 28, 1844.

affairs—that " it was indispensable that a salutary and
foreseen check should be given to the export trade now
and for the next few months"---and " to change the
slovenly, and in many instances desperate system of
doing business now practised in Brazil ?' Com-
ment upon such puerility as this were wasted. It
is further stated, that " if the Budget of 1841 had
been adopted at the moment it was brought forward,
it would not have changed in any one particular the
subsequent policy of the Brazilian Government. Mr.
Baring proposed the reduction of the Sugar Duties
absolutely and unconditionally ; and no stipulation for
the renewal of the commercial treaty, or for the main-
tenance of low import duties on British goods, was
so much as required of the Brazils." Now, if this
were merely the dictum of the Times, it might be al-
lowed to pass without much consideration. But if it
be derived from any higher source, we hope the day is
not far distant when we may find it confirmed in Par-
liament by some one competent to speak, and having a
full knowledge of all the facts of the case. We shall be
anxious to hear any one, speaking with the authority of
the Board of Trade, say that the reduction then pro-
posed by Mr. Baring, absolute and unconditional as it
was, " would not have changed in any one particu-
lar the subsequent policy of the Brazilian Govern-
ment ;"—that is, if we are to understand by this
that the reduction of the sugar duties then pro- I
posed would not have enabled us to negotiate and re-
new a favourable treaty with Brazil, without that
interruption to our trade which now immediately
flows from the policy of the present Government.
If, however, this, and this only, be meant—that Mr.
Baring's well-timed reduction of the sugar duties,
would not have changed the old policy ot• Brazil to-
wards this country, which was singularly favourable to
our trade ; then we agree with the Times, and admit
that such would have been the case. We recommend
our Contemporary to inquire further into this matter
before it again lends itself to making random assertions
upon a subject on which it is but imperfectly informed.
But then, Mr. Baring, in 1841, made an absolute
and unconditional reduction of the sugar duties. No
doubt he did. And a hat did Sir Robert Peel say
in 1842, when he was courting Free Trade "cheers"
to sustain him in his amendments of the Tariff?—
" Make every possible effort," said he, "to obtain re••
ciprocal advantages from other countries ; but, if you
fail, you should not refuse to buy in the cheapest market
and sell in the dearest, for the purpose of punishing
other countries." And again, in 1843, referring to the
same period, he said, " I then declared that 1 consi- i
dered that our domestic interests in all these arrange-
ments were of primary consideration. I laid down the
principle, that it would not be wise in us to punish
ourselves, because other countries refused to adopt se-
milar arrangements as to their import duties. These
principles I laid down last year, and I adhere to them
still." The principle on which Mr. Baring acted is here
adopted, defended, and justified by Sir R. Peel. More
favourable terms than those of Brazil towards us
could not be proposed or expected, whilst Brazil
had a right to expect mere favourable terms from
us. Her tariff was an encouragement to our ma-
nufactures. Our tariff was a discouragement to
her produce. Mr. Baring, therefore, did wiser•
in unconditionally reducing our Sugar duties, as a
preliminary to a renewal of a beneficial treaty with
Brazil, and which at that time was in our power. ti
In 1841, however, the members of the present Go-
vernment refused to relax the prohibitory duties on
foreign sugar, because a moral consideration was in- •
volved, viz., the question of the slave trade I They
adhered to their refusal even in 1843, upon the mo- •
tion of Mr. Hawes to reduce the duty on foreign
sugar to 34s.—the identical amount they subsequently
adopted for their duty, on their miscalled free-labour
sugar ; which, admitting it to be such, if imported,
only opens the markets, to which it previously went,
to a corresponding supply of slave-labour sugar.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Nov. 27.
(Sittings at Nisi Prius, at Westminster, before Mr.
Justice WIGHTMAN and a Middlesex Common Jury.)

BARKER V. MARIGNAN.

Mr. Peteredorff appeared for the plaintiff, and Mr,
Platt for the defendant.

This was an action to recover damages for an arrest
and alleged false imprisonment. The plaintiff is a livery-
stable keeper, and the defendant's horse and chaise had
been brought to plaintiff's stable and put up there.
During that time the horse was baited. In about
half an hour after the defendant arrived at plain-
tiff's stables, and called for his horse and chaise, on
which he was told that there was a shilling to pay. Ho
replied that his horse and chaise had not been sent there
by himself, but by the landlord of the Brown Bear, in
Covent-garden, and that, therefore, he should not pay
the charge demanded. Upon this plaintiff told him that he
should detain the horse and chaise until his demand was
paid, whereupon the plaintiff went out, and returning with
a policeman, gave the plaintiff into custody, and at the
station-house preferred a charge of felony against him
for stealing his horse and chaise. To recover damages
for this causeless arrest and false imprisonment the pre-
sent action had been brought.
The jury found for plaintiff—Damages 10/.
DAVIS V. CURLING.

This was an action against the surveyor of the high-
ways of the parish of Tottenham, to recover damages
for the consequences of an accident which had been
occasioned, as was alleged, by his neglect. The plain-
tiff is a cowkeeper, residing in Lambeth, and on the Ist
January, 1843, he drove down to Tottenham in a one-
horse chaise, accompanied by his wife, to the house of
a Mr. Newsome, where he remained to supper. On his
return homo his gig was upset in Marsh-lane, is conse-
quence of his driving over a heap of gravel. The gig
was broken to pieces, and Davis and his wife were
both seriously injured. The former was confined to his
bed for three weeks, and was disabled from attend-
ing to his business for six weeks. It appeared
that on each side of the lane there is a track
of greensward, on which it is customary to place heaps
of gravel for the repair of the road, where they are left
until they are required. The heap in question, it was
contended, extended from the greensward into the road.
Several of the plaintiff's witnesses swore positively to
this fact, and also stated that they had, before the acci-
dent occurred, frequently drawn the attention of the
defendant's servants to the dangerous state of the par-
ticular gravel heap which had occasioned the accident.
Mr. PLATT (with whom was Mr. Bovile) having
concluded the case for the plaintiff,
Mr. PETIFIRSDORVP (with whom was Mr. James), for
the defendant, submitted that he was entitled to the
verdict, on the ground that the defendant had not re-
ceived twenty-one days' notice of the action, which, as a
public officer, he was entitled to, ander the 109th section
of the sth and 6th William IV., cap. 50, and that the
plaintiff must be nonsuited, even should the Court
decide no notice was necessary, because there was no
proof of the allegation that defendant had received
distinct notice to remove the gravel, and that there was
no evidence to show that he had suffered the gravel to
remain there wilfully, or even to show that he knew that
it was there at all.

Mr. Justice NVlotursum baring heard Mr. Platt and
Mr. 80-vile in reply to the objections, refused to stop the
ease, but reserved the points.
Mr. PETBA3DORFF then addressed the jury for the
defendant.

Mr. Justice WIGIITMAY, in summing up, left there
questions to the jury--First, were they satisfied that
the defendant ever knew that the gravel was in the
place where it was ? Secondly, if he did so know it,
was it negligence and want of due care on his part to
leave it there ? Thirdly, if they answered the other two
questions in the affirmative, were they satisfied that the
accident had been occasioned by such negligence ?
The jury returned with a verdict for the plaintiff,
answering each of these questions in the affirmative, and
assessing the damages at 351.

WINTER ASSIZES.
HOME ClRCUlT.—Maidstone, Non. 27.

The Commission of gaol delivery for the county of
Kent was opened on Tuesday by Mr. Justice Wil-
liams, and this morning the business of the assize
commenced. There are forty prisoners for trial, some
of whom are charged with murder. There are also
several other serious offences.
John Cogger, 33, a person of respectable appear-
ance, surrendered in discharge of his recognisances,
to answer an indictment charging him with having
unlawfully acted as an attorney at the Quarter Ses-
sions at Maidstone, without being duly qualified or
admitted to practice in that capacity.
The defendant pleaded guilty.
Mr. BODKIN' who was instructed to prosecute, said
the indictment had been instituted by the Law So-
ciety of the county, with a view to put a atop to the
practice of unauthorised persons acting as attorneys.
They had, of course, no vindictive feeling towards
the defendant, and as he had acknowledged his error
by pleading guilty, the prosecutors would be satis-
fied with his entering into his own recognisance to
appear and receive the judgment of the Court, if he
was called upon to do so, which would, however, not
be done unless he repeated the offence.
The defendant having entered into the required re-
cognisances, was discharged from custody.
THE CASE OF RICHARD DADD, THE PARRICIDE 7
Mr. BODKIN made an application to the Court in
reference to the above prisoner, who, it will be remem•
bered, after having murdered his father, made his way
to France, and was eventually brought back to this
country and committed for trial.
The Learned Counsel, after having briefly alluded
to the circumstances of the case, said there was no
doubt that the unhappy young man was insane, and
he had been removed, by order of the Secretary of
State, to a criminal lunatic asylum, where he now re-
mained. As the trial, therefore, would not come on,
he had to apply to the Court to discharge the recog-
nisances of the witnesses who had been bound over,
and to order that the money and other valuables taken
from the person of the deceased gentleman at the time
of the discovery of the murder, might be delivered to
his friends.—The Court made the order.
Mr. HORMI applied to have a person, named
Richard Snoard, whose name appeared upon the
calendar as charged with forgery, called upon to ap-
pear in discharge of his recognisances.
The circumstances connected with this case are of
rather an extraordinary character. The accused is
represented to be a man of very considerable pro-
perty, and the offence with which he is charged was
alleged to have been committed upwards of four years
ago, and the indictment has during all that period
been upon the files of the Court, but has been post-
poned under various pretects until the present time.
The accused was admitted to bail in the sum of 1,0001.
to appear and answer the charge, and in his failing to
do so, the recognisances he had entered into were
entreated, and the amount was eventually paid into
the Exchequer. The defendant was afterwards taken,
and was again admitted to hail, and the trial was to
have taken place at the last Summer Assizes; but
upon the application of the counsel for the defendant,
it was again postponed, and the indictment now once
more came before the court.

The defendant was called upon to appear, but did
not do so.

Mr. Hoare then applied to have the recognisances
cstreated. He said the case had now been standing
i)ver for several years, and it was very hard upon the
prosecutors that they should be trifled with in this
manner. He trusted, therefore, that the Court would
either insist upon the defendant appearing and taking
his trial, er else estreat the recognisances.
Mr. Justice Winni Alts said that if the party did
not appear in pursuance of his recognisances, they
would, of course, be entreated_

Mr.' BODKIN shortly afterwards said that he and
Mr. Clarkson were instructed to defend the accused,
and he was in attendance iu the Court, but was, not
prepared at that moment to take his trial, but he would
be ready to do so, if time was afforded him to obtain
the attendance of some material witnesses.
Mr. Justice WULLIANIS said the trial must come on
in its turn during the assizes, or else the recognisances
would be estreated.

POLICE INTELLIGENCE.
GUILDHALL.

Yesterday Mr, John Smith, a packing-case maker,
carrying on business at the corner of Distaff-lane, was
brought before Aldermen Hughes and Hooper, charged
with indecently assaulting Sarah Crisp, a girl belonging
to the Queenhithe-ward School for Girls, in Old Fish-
street.

Mr. Deputy Goss stated that he was the treasurer of
1 the ward school, and it having come to his knowledge
that the defendant had enticed half-a-dozen of the school
children into his premises by giving them a few half• pence, and had taken the opportunity to behave inde-
cently to them, he thought it was his duty to bring the
matter before the Magistrates. lie had carried this
practice on for some time ; but on account of the tender
age of the children it was desirable, perhaps, that they
should be spared a public examination, and that the
' charge should be limited to an assault on one child.
Sarah Crisp' aged 10 years, then stated that her father
is dead, and she is maintained by ker mother. She had
been clothed and educated in the ward school for six
years past. She first went into the defendant's shop
with some other children about a year ago, when he
gave them some halfpence. lie did not take any liber-
ties with her then, nor at any time when any of her
schoolfellows were with her. But he had behaved judo.
cently to her on several occasions. The last time was a
fortnight ago, when she es tme out of school before dinner.
The MAGISTRATE inquired particularly as to this
transaction, but did not :find ground to commit for a
felony or a, misdemeanour. _

Tice defendant said ho was innocent. His shop had
no windows. It was an open carpenter's shop close to
the street, and it was impossible to act in the way de-
scribed without being scan by the persons passing. He
had no means of answering the case except by denying
it, and by showing its improbability.
Mr. Alderman Hoorßit said, he was in the habit of
passing the shop, and knew thee were planks standing
up at the back of the sh op which would afford a cover to
such acts.

The Magistrates having consulted,
Mr. Alderman Humuta said, if the defendant did not
choose to submit to a at' mmary conviction, he might be
committed for trial at Coe sessions, aid the whole of the
children whom he had assaulted would be called. He
would take the conserluence of that examination. He
believed all tbf, girl 1,41 stated—for children end fools

! generally spoke the truth. They then adjudged him to
pay a tine of 51. for the assault.
The defeudaut paid the fine.

Mr. Alderman hoorzn recommended him to remote
immediately from a neighbourhood where his character
had become infamous. If he did not the alderman would
take care he should be watched.

BOW-SiKEET.
Yesterday John Ogilvie, who was charged with ex•
torting a gold watch and chain, and 5/. ItOs., from Mr.
F. Mieville, of Hanover-square, by threats of an infamous
character, was brought up for final examination.
Mr. Hobler, the solicitor for the prosecutor, stated that
since the last remand another distinct charge of a similar
nature had been instituted against the prisoner, which
he was prepared to go into.
The only additional evidence offered in the former
case was that of a woman named Mary Ann Gill, who
said she had lived, until about a month ago, in Pitt-
street, John-street, and knew both the prisoner and the
cabman, Charles Rouse (who was examined last Fri-
day). She recollected Rouse bringing her an umbrella
some weeks since, and saying it was left in his cab; it was
afterwards fetched away by the prisoner, who wore a
gold or gilt chain at the time.
On being questioned by the prisoner, she admitted
that she had great doubt as to hie being the young man
who took away the umbrella ; and as it appeared evi-
dent to the Court that her testimony would be of no
service to the prosecution, it was not returned with the
depositions.
The prosecutor iu the other case was Mr. Claud Neil-
son, a clerk in the office of his father, 3, Leadenhall-
street, who stated that in the afternoon of November 9,
whilst looking in some print-shops in Finch-lane, the
prisoner rushed against him twice in a suspicious man-
ner, mid subsequently followed him to Mr. Barraud's
shop in Cornhill, where he had to call on business. The
prisoner waited till he came out again, and then con-
tinued
to follow him, although he walked as quickly as
he could through the passages leading into Lombard-
street, hoping to avoid him. In one of these passages he
heard the prisoner calling to him " to come away from
the street," and he then became so much alarmed that he
ran off at full speed until compelled by fatigue to stop in a
lane near the India House, where he turned upon the pri-
soner (who had pursued him closely), and asked what
was his object in following him ? The prisoner re-
plied that he must have money, and would not leave
till he had received some ; upon .which the prosecutor
gave him Is , and desired him to go about his business.
The prisoner said, " A shilling is not enough for what
you have done ; you must give me a great deal more ;"
and on being asked for an explanation, be added, " A
man is coming who has seen it all, and unless you satisfy
me, I will give you in charge." He then addressed some
filthy epithets to the prosecutor, and beckoned to a per-
son who seemed to be waiting a few yards distant, but
the prosecutor succeeded in getting away, and ran into
the shop of Mr. Vardon, ironmonger, 3, Gracechureh-
street, where the prisoner arrived immediately after him.
The prosecutor inquired for Mr. Vardon, whom he
wished to see in private, but the prisoner declared that
they should not speak together unless in his presence.
Mr. ,Vardon, however, took the prosecutor through his
counting-house, and directed a warehouseman in his
employ to keep back the prisoner, who tried to effect lan
entrance also, but was prevented. The prisoner then
said, " Luckily, he has given me a shilling ;" and in a
few minutes afterwards, finding that he could not get
into the room to which the prosecutor and Mr. Vardon
had retired, he said he would tetch a policeman, and ac-
cordingly left the shop, but did not return. Information
of the occurrence was then given to the police.
Both Mr. Vardon and his warehouseman, William
Hannah, as well as the prosecutor, having spoken posi-
tively to the prisoner's identity.
Mr. JARDINE bound the parties over to prosecute and
give evidence, and committed the prisoner for trial on
both charges.
It was too evident from what transpired in Court that
the prisoner had confederates in these execrable trans-
actions.

I prisoner, was accessory to the robbery, for unless he
could do that, the charge against that individual must also
fall to the ground.
The coMplainaeadmitted that he was not in a condi-
. tion to do so, althougist he had strong grounds for be-
. lieving thaiffielpfistme was influenced by that person.
The pristifeiliert
~..;.,. ed out again on her lawful hus-
band (as alWeitged ..121 .to enter the Court, and witness
I
the falsel4d.ivvick`vi e uttered against them both.
She then ptiieeeded to st4te that there was no foundation
for eitherilie charge of obbery or bigamy. That she
left the Priisoner, in consequence of ill usage, and on
i Sunday last was made an honourable woman, by getting
' I married to Mr. Smith, and that her marriage so exaspe-
I rated Watts, that he trumped up these serious charges
against her to be revenged.
The Magistrate said he should discharge the accused,
and she left the bar with an air of triumph, asking the
complainant what he gq‘,,after all, by his motion, and
advised him to keep out Akihe way of " Mister" Smith,
her husbaiak:ka ase of accident.
I,i ~,AL,,.)7' H-STREET.
ROBB :,...,..f, V. ~:t's- 7Vi..
44;.1JT10N OF DUMMIES.—James
Seceder .- - - : ~,„ - ~ on ware placed at the bar,
before MiN. ry,. on i c arse, or rather suspicion of
stealing twplrapitlesiSf qufcksileer, of the value of 501.
From et e
helvisPrit* ofslnspector Donnigan and the
police-cofk 0W Riallert^Thorp, H 155, it appeared that,
about six o'clock oil the *ceding evening, the latter ob-
served a town-cart stop in front of a blacksmith's shop in
Pennington-street, and immediately after observed two
men carry something heavy from the vehicle into the
house. Suspecting something wrong, he watched the
place for a few moments, and seeing a little girl in the
shop, he asked her who the parties were, and what they
had taken into the house? She replied that it was Mr.
Saunders and another person, whom she did not know,
and that the former said he wanted her master to drill a
bole in two stoves he had brought for the purpose.
Saunders was secured, but his companion had made his
escape, and on examining the articles taken into the
house, they were found to be two bottles of quicksilver,
of over 901bs. each, and of the value of 501. The pro-
perty was taken in the cart to the station-house, and on
examining the vehicle, the name of Richard Owen, of
Fashion-street, Brick-lane, was found on it. Mr. Owen
subsequently attended at the station-house, and repre-
sented that the cart had been hired about three o'clock
in the afternoon, by a man named Priestly, to do a job
from the Borough to Tower-hill, and that his man, John
Robinson, had accompanied it. While making this
statement, the prisoner Robinson entered the station-
house, and was detained by Inspector Donnigan on
suspicion of being concerned in the robbery.
When the officers had terminated their evidence,
Mr. Golding, a town carman, entered the Court, and,
addressing Mr. Henry, said he had attended to apply for
a warrant against one of his men, named Sandford, for
absconding from his employment en that morning under
very suspicious circumstances. Mr. Golding then stated,
that on the day before he had sent Sandford with a van
and two horses to remove fifty battles of quicksilver, in
bond at Fresh Wharf, to the Southampton Railway sta-
tion. On his return Sandford did not produce a receipt
for the goods, as was usaal in such transactions, but
stated as his excuse that there was some mistake in the
weight. On the day following, he (Sandford) came to
the yard at an early hour, but it was evident, from a con-
versation which he had with one of the men, that there
was something wrong, and he absconded from the pre-
mises shortly afterwards. Sir. Golding added, that he
had no doubt whatever that the two bottles of quicksilver
then in court formed a part of the fifty entrusted to
Sandford's care, and for which the Customs would hold
him (Mr. Golding) responsible.
Mr. HENRY observed that it was somewhat singular
that Mr. Golding should enter the court at such a
moment, and recommended him to lose no time in
going to the railway station, and ascertain if any and
what portion of the quicksilver had been delivered
there ; for it might happen that the whole were stolen.
Mr. Golding immediately acted upon his Worship's
suggestion, and, taking Thorp, the officer, with him, pro-
ceeded to Nine Elms. On his return, at five o'clock, he
informed Mr. Henry that fifty bottles had been delivered
at the railway station, but only forty-nine had been sent
on to Southampton, as the fiftieth was found to be 171bs.
short of the proper weight.
Thorp said he had no doubt whatever that the bottle
which he found at the railway was a " dummy," or old
bottle, which had been emptied of the quicksilver and
filled up with melted lead, but the latter was considerably
lighter than the former. He was the more convinced it
was a dummy by the fact that it bore the same number
and marks as one of those taken on the preceding night,
but both the figures and letters were somewhat different.
Mr. HENRY remarked, that from the circumstance of
Sandford delivering the proper number of bottles at the
railroad, there could be but little doubt that the " dum
mien," as they were called, had been substituted for the
real quicksilver, and he should therefore recommend
Mr. Golding to proceed to Southampton, and take the
numbers and exact weight of all the bottles belonging to
the parcel there.
The prisoners were then remanded.
Saunders, it appears, has been for some years under
the surveillance of the police as a receiver of stolen pro-
perty. He has been tried at the Old Bailey for that of-
fence, and also fined 1001. for smuggling, for which he
served twelve months in the House of Correction.

SINGULAR TRIAL OF AN ARAB
FOR KILLING HIS CONCUBINE.

A. trial for murder, peculiarly interesting from the
party accessed, the circumstances leading to and at-
tending its perpetration, the witnesses examined, and
the nature of their evidence, was held on the 15th
and 16th inst., before the Court of Assizes for the
department of the Var, sitting at Draguignan. The
prisoner was Abdel Kader Ben Aoufi, formerly
I)acherchaour, or chief of the armed police of the
Emir Abdel Kader, and the charge against him was
the murder of one of his wives, named Fathma Beth
Abell Kader.
At an early hour the Court was crowded, includ-
ing a great number of ladies, for whom seats were
specially reserved. But the most striking part
of the scene was a numerous body of Arabs, en-
camped as it were in the enclosure reserved for
the witnesses. They were almost all very fine
men, tall, handsome
_in features, though deeply
embrowned by the sun of the African desert,
their eyes shining brilliantly through the
white burnous with which they were carered from
head to foot. Each, as a true believer, wore a chaplet
or rosary on his arm, or round his neck, and sit-
ting crouched, seemed to take no notice of what was
passing around him, but from time to time re-
peated verses from the Koran. Among them was
only one woman, a negress, so covered with her
white kack, that she might have been taken for
a man, but for the delicacy of her legs and feet,
arms and hands, which were naked. They were all
prisoners of war brought from Algeria, and con•
fined in the island of Ste. Marguerite, sum-
moned as witnesses for or against the prisoner'
Ben Aoufi is a man of about forty-five years of age
above the middle size, with a healthy complexion,
high forehead, aqualine nose, and most brilliant
eyes, but a countenance expressive of the greatest
mildness and strong intelligence, and his de-
meanour was grave and dignified. Two interpreters
were sworn. The prisoner had always shown great
veneration for his mother, who, with his son, was at
his request brought from the Island of Ste. Margue-
rite to be present at his trial.
After the usual formalities the indictment was read.
From this it appeared that, two years ago, after the
capture of the senaleh of the Emir, Abdel Kader Ben
Aoufi and his family were then taken prisoners, and,
being brought to France, were sent to the depot in
Sainte Marguerite. Two other families were made
captives with them, and at their own request were
placed together in one apartment of five rooms. Ben
Aoufi formed a close intimecy with another Arab cap-
tive, Abdel Kader Ben Rehab, who had been an aga or
captain in the Emir's regular cavalry. For some time
their friendship remained undisturbed, and Ben Aoufi
appeared to have full confidence in the fidelity of his
two wives. Aiterwards, however, he became jealous
of them, and accused one of them, Fathma, of a
guilty intercourse with Ben Rebah, with whom he
broke off all connexion. In October or Novetn -
ber, 1843, Ben Rebah assumed a seat in the
mosque to which Ben Aoufi claimed to be en-
titled, and demanded it in insulting terms. Ben
Rebah retorted, saying that Ben Aoufi had no right
to talk so high, as his house was nothing but
a house of debauch, and that he, Ben Rebah,
had the night before lain on one side of Fathma, while
he, Ben Aoufi, was on the other side of her. He used,
indeed, terms which we cannot repeat. Their quarrel
became desperate, but they were separated by their
friends. From that day Ben Aoufi became inveterate
against both his wives, but particularly against Fathma.
One day he determined to kill her with a knife, but
he was deterred from doing this by the supplica-
tions of his mother, who represented that Fathma
was with child. About a fortnight before the
murder, the Marabouts, or priests of their religion,
endeavoured to reconcile Ben Aoufi and Ben
Rebah, and for a moment the former seemed
to yield ; but his jealousy returned upon him
with greater force. lie every evening locked
his door and carried the key about his
person, depositing it at night under his pillow,
sleeping between his two wives. A negro, named
Mobarek Ben Mokear, became a marked object of
his suspicions, believing that he afforded Ben
Rebah opportunities for approaching Fathma.
In the evening of July 28, he felt per-
suaded that his wives took the key of
their room from him. He made a terrible
scene, and went to bed almost in a state of frenzy.
The next morning, Fathma rose before daylight, and
having performed her ablutions, bent herself with her
head to the ground in prayer. He, hearing her,
sprung also from the bed, and reproached
her with infamous conduct. She protested
her innocence, and he, having ascertained
that there was no strange person in the
room, and that the door was still locked, went out
to perform his ablutions. Returning, and find-
ing her in the same attitude, he took up a
log of wood, and beat her with it on the head
until she expired, notwithstanding his mother,
who was present, did all in her power to pacify him.
His rage, in fact, was so ungovernable, that
he made a blow with the log at his other wife ; but
she avoided it, and it fell upon a female slave
who was near her. At this moment the negro
Mobarek Ben Mokear crossed his path, and was
knocked down by him. Believing he had killed
him, Ben Aoufi exclaimed, " I have but an-
other to destroy, and then I shall be at rest."
This was Ben Rebah, and he was going out in search
of him, when the concierge of the fort, hearing the
noise, arrived at the moment and stopped him. While
being taken to the prison he struck an Arab who was
in his way on the face with the log, which he still re-
tained.

At his previous examinations he acknowledged his
crime, but stated that he was under the influence of a
frightful dream, and when he woke he believed he
heard the rattling of keys. On being interrogated in
court, however, he changed his tone, and, insisting
that Fathma had violated the law, her hour, he said,
was come, and the Prophet allowed him to kill her.
After the examination of some of the witnesses,
Ben Rebah was called, and gave an account of the
quarrel between him and the prisoner in the Mosque,
and partly admitted his having thrown imputations
on the fidelity of the two wives, but greatly softened
the language said to have been used by him. He gave
an account of the reconciliation between hire and Ben
Aoufi, in consequence of the desire of the commandant
of the fort that they should live together in peace. He
stated that they met at a religious festival, and being
seated at the same repast they reciprocally put into
the mouth of each other, in sign of oblivion of the
past, a small quantity of vermicelli, and the wit-
ness by desire of the Marabouts, as being the youngest,
first kissed the head of Ben Aoufi in sign of amity.
He protested that he had never had any intimacy
with Fathma, and he said what he did because Ben
Aoufi had provoked him by first saying that his own
wife, who remained in Africa, led a disorderly life
with the French soldiers. Ben Aoufi insisted that
the evidence of Ben Rebah was false, and affirmed
that Fathma, having deeply insulted him for the
scandal he had thrown upon her, by avowing her in-
discretion, he had caused her to be killed by the
negro named Mobarek. In the course of the exatni-

nations, the President of the Court cited passages
from the Koran, contradicting the assertion of Ben
Aoufi that he was authorised by the Law of the Pro-.
phet to kill his adulterous wife.
At the conclusion of the evidence the Procureur
du Roi delivered his requisitory, and the counsel for
Ben Aoufi replied. The President then asked the
prisoner if he had anything to add in his defence.
Ben Aoufi required that his judgment should be post-
poned. Being told that this was impossible according
to the course of justice in France, he asked that his
mother might be allowed to sit by him while his sen-
tence was pronounced. The President refused, say-
ing that an innocent person could not be placed on
the bench with one under accusation of crime. Ben

Aoufi then turned to the interpreter, and said, "
am condemned to death, pray that I may be buried
according to my religion." The President then
summed up, and the jury withdrew.
After three-quarters of an hour they returned
with their verdict, and at the entrance all the Arabs

rose from their crouching position, and from their
white burnous, seen by the dimlight of evening (it
being near six o'clock), they looked like so many
ghosts rising from their graves. The jury negatived
the question of murder, but declared the prisoner
guilty of giving blows and wounds causing death,
but without premeditation, and also found that there
were extenuating circumstances. The sentence pro-
nounced by the Court was four years' imprisonment.
On hearing this judgment, Ben Aoufi said that it was
too much for him to bear. But he retired smiling ;
for, although he had been repeatedly told that he
could not be condemned to death, he was always con-
vinced that that would be his fate. When the Presi-
dent went to the prison after his condemnation, he
and his mother both expressed their gratitude for the
leniency which had been shown to them.

We understand that at the Privy Council to be
held by her Majesty at Windsor Castle to-morrow, a
Proclamation will be agreed upon for the proroguing
arliament from Thursday, the 12th of December, to
Tuesday, the 4th of February, then to meet for the dis-
patch of business.—Evening paper of yesterday.
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