The Sun.
London, England, 1845-07-28 00:00:00

E V ENING, .l UL V 28, 18-5.

THE SUN, LONDOY, MONDA

(LEFT SITTING.)

OMAGIT ASSIZES.—CRIM CON
(Before Chief Juttice PENNEFATHER, and a Special Jury.
ROBERTS V. HERDXAN.
_ _

Mr. Major, Q. C. stated the crse. Mr. Roberts came
from Belfast—his wife was a foreigner, a native of Malta.
It was in Malta she lived, and there his client first saw her,
and married her. He belonged to a profession that was
remarkable for being a manly and an honest one—he was a
sailor. He was a master—a rank upon an equality with a
first lieutenant in the navy, and equal to a captain in the
army. He belonged to the Mediterranean squadron, and
was stationed on board the Electra. The duties of the squadron
were to cruise round the coast. In 1840 he became acquainted
with his wife, and occasionally met her-when he entered Malta.
Mrs. Roberts was a native of --. Her father was dead, and
her family con-isted of her mother, a brother, and two sisters.
His client was invited to a bail in Malta, which was given by the
governor, and he there met his future wife. She attracted him
by her personal appearance, which was most captivating, and
she was of a very tender age, being, he believed, under 17
years. His client was not more than 27 years of age, in person
handsmoe and prepossing. He became a visitor at her mother's
house, and was receiued there as her ucknowledged suitor. On
the Ist November, 1840, he was married to Miss Conchetta
Petite, in the apartments of the Roman Catholic priest there.
That Reverend Gentleman would be produced to them.
The defendant was extensively engaged in mercantile
pbrsuits, being in partnershp with a Mr. Mulholland, in
Belfast. '1 he firm became proprietors of a mill, on which
a large sum had been expended in the erection. About
sex or seven years ago Mr. Herdman become the resident
partner at Sion Mills, as they were callen. There he
had a cottage, and kept an extensive establishment, and a car-
riage. He is and was then a married mats, the husband of an
amiable woman, the father of an interesting family. On coming
to this part of the country he united in all the objects of charity.
It was to be lamented that the character he had thus acquired
was mainly instrumental in ruining his victim. At the time
he met Mrs. Roberts, she could not have been more than
twenty }ears of age, when she possessed innocence and a happy
home. Her father had been a captain in the Malta Militia,
and subsequently held a civil appointment under the
British Government. After the plaintiff's marriage, he resided
at Malta with his w;fe at her mother's house, where he left her
when duty called him away, and resided there when he came
on shore. Before he was ordered home he was transferrod to
another vessel, the Wasp. He returned home in her. The
life of a sailor separated him necessarily from his wife oc-
casionally. He therefore made arrangements for her to reside with
his brother, an oid bachelor. On arriving in England, in 1842,
he took his wife to his brother's house. When she had remained
there a short time her husband was appointed to another vessel.
the Daphne. At that time the Daphne was to accompany the
Queen in Scotland. On board that vessel was Doctor Moody,
the surgeon of the ship. He was appointed first. Dr. Moody
was married to a native of this county about three or four
years ago. He being placed in the same situation as the
plaintiff, he purchased a cottage for his wife at Strabane.
The doctor would only have to go out on foreign ser-
vice occasionally, but Mr. Roberts was ordered to go to
South America. He felt much difficulty in placing his wife
in a place of security. She spoke English badly, and felt
unwilling to reside with her brother-in-law, notwithstand-
ing the admiration that old bachelors entertain for the

M. Northomb has returned from his visit to Flanders, and im-
mediately set out for Hennant.
The Society of Merchants and Manufacturers of Antwerp have
just addressed a petition to the King, praying that the corn.law
may not be promulgated. The petition declares that such a law
can never be advisable in Belgium, because the country does not
produce sufficient oorn for the consumption, and that a worse mo-
ment for introducing it could not have been chosen ; that though
immense quantities have been imported for consumption. the price
of corn has remained very high, which proves that there was a real
and urgent want, and that Belgium would have best' subject to
severe trial, and even danger, if the law had been put in force;
lastly, that as this state of things is always imminent, it would be
very imprudent to maintain a regulation attended with so many
dangers.

BELGIAN FUNDS.—BaussELs, JuLy 26.
Actual Debt, 2% per Cent
itothschild's Loan, Five per Cent
Loan of Thirty Millions, Four per Cent
Ditto Three per Cent
Ditto Thirty-seven Millions, ditto
Ditto, ditto, 1840..
Ditto, ditto, 1844
Ditto of the City, 1832
Ditto, 1843 .. .
Bank ofllelgiuin.
—Brussels Papers, July 27.

IU2
102
.............. 10114
644

PECTSSLiN FUNDS.-BERLIN, JULY 24,

Bills. Money.
St. Schuld Sch., 3!4 per Cent ••••• • • • • 100% 99%
Pruss. English Bonds, 1830, 4 per Cent..
Exchange on London, 2 m0nth5........ 6 26% 626
—Prussian State Gazette. July 25.
DUTCH FUNDS.—AxsTzaDAm, JUNE 30.

3loney. Bills.
Actual Debt, 2% per Cent• —....— 64 64%
ititto, 3 per Cent .................: 78 78%
Ditto, 4 per Cent................... 100% 101
Anion Syndic, 4% per Cent•• •• ...• 11.0 1001 A
Ditto, 3% per Cent............ •• • . 93 94
Commercial Company, 4% per Cent • . 156 156\
East India Loan, 4 per Cent.... —•• • . 100% 101
Exchangeon London, at sight . .• • • 12 30
Two months... ——..•• • • • . 12 25
On Hamburgh, at sight .- • • 35 81%
Two months.• ••.—•• • - • • • . 35 43%
OnParis ——••—•• • • • • • • 57
Two months. .. ———•• • • • • 57 •-•

-Dutch Papers, July 1.
AUSTRIAN FUNDS.—VIENNA, JULY 19.
5 per Cent. Metalliques•
4 per Cent. ditto• • • • •• • • • • • • • • • • • . • . • • • • 102 N
3 per Cent. ditto
Loan, 1834 .... • • • • • ........ • •• • • • • • • • • 159
Ditto, 1839 . 130
Bank Shares 1626
Esterhazy's Loan .. .
Allgemeine Zeitung, July 22
RAILWAYS.
The Northern, or Ferdinand • .
Vienna—Milan
Gloggnitz
Leghorn
Pesth

209
•• • ***** •••••••••••• 134
151
124
110%

female sex ; but she had not the advantage of female society
in his house. It was determined on that she should go to
Malta, but Dr. Moody owed some compliment to Mr. Ro-
berts, and he proposed that she should live with
his wife. Such an arrangement was perfectiy proper.
The first visit was paid six weeks after the arrival
of Mrs. Roberts, by Mrs. Herdman, who called and left her
visiting card. At that moment Mr. Herdman was making his
wife the innocent and unsuspecting instrument of his designs.
The visit was paid, and Mrs. Roberts felt it to be her duty to
return that visit. Mr. Herdman, who watched her every move-
ment, was there to receive her. After the visit had been paid,
and when they had gone some distance, Mrs. Herdman followed
the car, and invited them to dine on the folkwing Thu -sday. The

LAW IN TELLIGEIs, CE.

VIOE-CHANCELLORS' COlR7', July 25.
BRADBURY V. JOHNSON—MR. AND MRS. CAUDLE.
Mr. BETHELL stated to the Court that he had two applica-
tions to make for injunctions, which he had no doubt his Ho-
nour would have the greatest pleasure in granting. He was
moving on behalf cf a personage who must have afforded his
Honour much gratification when young, and had also added to
the amusement of the last year. For some time past a system
of pirating had been practised upon this amiable gentleman ; the
perpetrators of the outrage had been allowed to continue, with-
out interruption, for some time. The writers of melo-dramas
had, amongst others, committed the grossest piracies, and vari-
ous publications had at times endeavoured to enliven their
readers by extracts frcm Punch ; but it had lately been disco-
vered that several periodicals had extracted whole articles, with-
out any acknowledgment whatever ofthe theft, and had continued
weekly to copy largely from the plaintiff's publication. Punch had
frequently warned these pirates that he would gibbet them, if
they continued to do so. His Honour was aware that Punch
had added to the gallery of illustrious British characters two
personages who would be remembered as long as matrimonial
discord should exist—he alluded to the renowned Mr. and Mrs.
Caudle, and that the latter had increased the stock of ideal

nvitation was accepted, Mr. Herdman's good Character being a
sufficient guarantee for their propriety in so doing. They dined,
and he paid every attention to the ladies. He expresed a de-
sire that he should be instructed in the Italian language, and
he wished that Mrs. Roberts should be his instructress. He
had been for some time learning the Italian. He then invited
her to come and see an entertainment to the children in the
factory. Mrs. Moody refused, and then Mrs. Herdman
pressed Mrs. Roberts to accept the invitation. This was at
the latter end of March, and they would find that it was
during that time he first succeeded in undermining the mo-
rals and ruining the virtue of his victim. She remained
for some time on a visit, for two or three days. On the even-
ing of her return home she was driven in a gig to Mrs. Moody's
by Mr. Herdman. Mrs. Moody observed the gig coming, and
went into the house to receive them. They did not come by
the direct road, but by a circuitous route. When they came to
the door Mrs. Moody invited Mr. Herdman in to take his tea.
He came in and left his gig at the door. Mrs. Moody observed
that the conversation between Mr. Herdmand and Mrs. Ro-
berts was carried on in the Italian language. She thought it
very strange that the conversation should be carried on in a
strange language, when she was the only female present.
Mrs. Moody found a letter that Mr. Herdman had addressed
to Mrs. Roberts. At this time the soirée to the factory chil-
dren took place, to which he had invited Mrs. Roberts. In
March of the year in which the criminal intercourse arose, Mrs.
Roberts was an inmate of Mrs. Herdman's house for 10 days ;
and after that time the letter in question was written. He would
apologise to the gentlemen of the jury for reading this docu-
ment; however, he would read only some parts of it. The
letter was written in the Italian language, and he held in his
hand a translation of it, which would be proved. The defendant
had presumed to address her in most disgusting language,
from which it was clear he had undermined the morals and de-
stroyed the peace of Mrs. Roberts; It proved that he had suc-
ceeded in hie base designs. Mr. Herdman continued, through
Mrs. Herdman, his plans on Mrs. Roberts. She was svbse-
quently invited to his house, and neither Mrs. Herdman nor
airs. Moody had their suspicions awakened. He need scarcely
tell the jury that Mrs. Herdman would not have encouraged
their intercourse had she been at all aware of what was going
on. Some rumours now got afloat. Mr. Herdman drove Mrs.
Roberts to Derry, and he introduced her there to several
persons, among the rest to Mr. Bartkoaki, his instructor in
the Italian language. When Mrs. Moody heard this she wrote
to Mrs. Roberts to come home. She returned home, and I
think it was this time, about the 26th or 27th May, Mrs.
Moody, whose suspicions were now aroused, communicated
them to Mrs. Roberts. At first she repudiated and denied
that they were true. Subsequently, however, she commu-
nicated to Mrs. Moody that she was ruined and undone. If
ever there was a woman who should have been protected, it
was this woman. She was here a foreigner and a stranger,
with the wife of a brother officer of her husband's.
Who, if she wanted advice, should have given it to her
so so:in as this man, who was the father of a family, and
who was generally looked up to in the neighbourhood? He
described himself as a " villain," when charged with his crime.
What word was there in the English language which conveyed
so strong an idea of all that was base and dishonourable as the
" villain ?" He poped the jury would mark their sense of his
conduct. After a few ether remarks, the Learned Gentleman
concluded by calling witnesses, who proved his statement.
Mr. Bitoogir addressed the jury for the defendant. He
said that in this painful case—this very painful case—it now
became his duty to make some observations. The question
the jury had to consider was the amount of loss the plaintiff had
sustained. His wife was a native of Malta, a remarkable place
for the laxity of the morals of its inhaintants. 'I hose
who knew the history of Malta must be aware that it has
always been nothing more than a great camp. At present
there were a great number of troops stationed in it, together
with a great many vessels of war stationed at it. There
could not be a doubt that its morals were as lax as those of any
country in the south of Europe, and that was saying a great
deal. In Italy, it was well known the marriage vows were not
regarded with the same strictness as they happily were in this
country. Very offen the marriage vows were usedas a convenient
cloak for thei: gallantries; and very often the friend or gallant
superseded the husband. The marriage was an improper one
in every respect. She was a Roman Catholic, aid he was
a Protestant; and, as he had observed, in every respect there
was a material difference between them. According to his
own account he gces to a ball, he finds her a pleasant part-
ner, and he marries her, with no other recommendation than
a handsome face, and contrary to his brother's wish. He
would ask them, which of them having a friend would
wish to see a marriage take place under such circum-
stances? Which of them, having a son, would not rather
see him in his grave than see him make such a marriage ?
Such marriages are never known to turn out well. Mrs.
Roberts was a perfect mistress in the art of dissimulation. She
was able to deceive the defendant's own wife, and to commit
adultery with her husband in his own house, without Mrs.
Herdman being able to discover it. During a year that she
resided in the neighbourhood after this unfortunate occur-
rence, the defendant did not once visit her. They had been
told the defendant had a large factory, that he kept a car-
riage and a fine establishment; but let them remember, in
awarding the damages, that they were taking the money from
his innocent wife and children. They should ask themselves
what loss had the plaintiff sustained? None. He had re-
ceived a benefit by being separated from such a woman. Let
the jury look at the case from the time the intimacy commenced,
and say was she a virtuous woman? Could a woman act in
the manner in which she had done ? He was satisfied that the
jury must come to the conclusion that the loss sustained by the
plaintiff was very trifling.
The CHIEF JUSTICE, in summing up, observed that the
defendant had a high character and station in society. He
and his wife and four children lived near this young woman.
His pursuits in life were respectable. He had gathered
around him the young children of the place, dispensing in-
struction. How therefore, was there any imprudence or
want of caution in introducing these young females to
such a man? Where would this young woman look for
advice so soon as to him? It was a painful thing that the
man who should be her adviser had become her seducer. It
was idle to say that she had seduced him—the husband of
an amiable wife, the father of a family, and one who was
the patriarch, so to speak, of all around him. He was far
from wishing to call attention to those letters. But such
a scene of obscenity—such a scene of disgust—never came
before him. It was for the jury to take these letters into
consideration, and say had this young and forlorn
woman been debauched by this man, and had he swerved
her from her marriage vows ? If he had, then they were
to say what amount of damages they would award.
It was but a poor argument to say that the plaintiff
had lost nothing by this, but that he had derived benefit;
and that, therefore, he was entitled to no; damages, be-
cause he had got rid cf such a person. In was only where
the husband had been the means of his own dishonour and
his wife's disgrace and ruin that they should refuse to give
damages. But where the husband is, as in the present case,
an honourable man, how could they tell that man that they
would give him no compensation for the injury he had sus-
tained ? To refuse him damages would be doing so in substance.
The jury brought in a verdict for the plaintiff of 1,0001. da-
mages, and costs.

literature by her very entertaining lectures. It 13a7been.dis:
covered that many of these far-famed lectures had been trans-
ferred wholly into the pages of the Hereford limes, and there
was not even an acknowledgment of the theft ; but the readers
of that publication were left to suppose that such excellent
articles could be written by the editor himself. He might with
propriety apply the lines of Horace,
" 0 imitateres servum peens, ut mild mope
Bilem, stepe jocum vestri movere tumultus !"
It was against the proprietor of this publication that he asked
for one injunction. The next application was upon a subject in-
timately connected with this. It was at all times acknowledged
that the public were gratified by having some sort of remem-
brance of those by whom they had been charmed in by-gone
days—they were pleased at having such features impressed upon
their minds. Now this had occurred to Mr. Punch, who, to
gratify the public taste, had with his own pencil traced upon
paper the lineaments of his hero and heroine ; this had supplied
a great desideratum to those who had not sufficient imagina-
tion to bring home to their fancy the great originals. The
Learned Counsel here handed up to the Court the picture of
Mr. and Mrs. Caudle, and begged to call the attention
of his Honour most particularly to the expressive anguish of
Mr. Caudle and the austerity of his better half ; in point of
fact, every lecture seemed delineated upon her features; there
they were in the identical situation in which the lectures had
been delivered. The defendants had published a copy of this
excellent picture, though he must say it was no more like
the original than brass was like gold; still it was necessary to
put a stop to these proceedings, and he therefore trusted his
Honour would grant a second injunction to restrain the
publicatiou of this print. He would show to the court how
universal had been its sale throughout the country. If you
left town for a short period, and resided at a watering place
for instance, there was the letter paper upon which were
described the beauties of the place, headed by a picture of
Mr. and Mrs. Candle. If a shopkeeper desired to ingratiate
himself with his customers, he left a card with a likeness of
Mr. and Mrs. Caudle, and so in all parts of the country had
the pictures of Mr. and Mrs. Caudle been circulated. It
was the desire of the plaintiff to hang up the perpetrators of
these piracies as scarecrows, to frighten all those who would at-
tempt to do the like. There were affidavits filed in support of
the applications, in which it was set out that the plaintiffs,
Messrs. Bradbury and Evans, were proprietors of Punch.
His Hosrotra granted both injunctions.
During the whole of the application made by Mr. Bethell
the laughter on all sides was so immoderate from this strange
variation in the general dulness and solemnity of a Court of
Chancery, that it was almost impossible to collect accurately
the speech of the learned counsel.

STATE OF TRADE.
FOREIGN WOOL TRADE, LEEDS, JULY 25.—A considera-
ble business has been done in Foreign Wools, of nearly all de-
scriptions and qualities, this week, and as the purchases made
are almost exclusively to supply the immediate wants of the
manufacturers, there appears every prospect of a continuance
of the present fair demand. Prices remain very firm.
ENGLISH WOOL MARKET, LEEDS, JULY 25.—1 n Combing
and Wools the prices are firm at late quotations, and
thedeemlnathnidngis steady for the supply of the current requirements
of the manufacturers.
WAKEFIELD WOOL MARKET, JULY 25.—We have had
few sales passing this week in combing wools—the trade is in
a most unsatisfactory state. The prices asked here are leas
than is now giving to the grower; and yet our manufacturers
state that, from the low price of yarn, they cannot give our
present prices. This discrepancy betwixt the price to the
grower and consumer cannot continue, and it is impossible
yet to say how it will turn. Short wools are in good request
at firm prices, but not equal to what is given to the grower in
the southern counties.
Yoau WOOL MARKET, JULY 24.—We have bad but a
moderate show of wool, with rather a slow sale, at the following
prices :—hog lbs. ; hog and ewe 14s. to 14s. 3d. ; locks and
cots 9s. 6d. to 11s ; moor wool 7s. 6d. to Bs. per stone. This
market, for the remainder of the present season, will be once
a fortnight.
LKEDS.—At our:Cloth Halls, on Saturday, a pretty fair
amount of business was done, particularly in goods calculated
for the winter demand, but on Tuesday there was the dullest
market we have had for some time past. The principal reason
appeared to be the extreme coldness of the weather, and the
fear of a late harvest. Should the weather take a favourable
change,_ a good fall trade is expected. There have been a few
of the London buyers in the market during the week, but for
the same reason they have operated with great caution, and in
consequence business has been dull in the warehouses.
BRADFORD, Tnuitsnmr.—ln wool there is nothing new;
the demand is for actual consumption, and at prices similar to
several weeks past. Yarns are more inquired after, and the
consumption more than is now spinning, owing to the great
quantity of idle machinery. The price is still:very discouraging,
tending rather to retard any increased production with the raw
material at the present disproportionate price. The market
to-day for piece goods has been tolerably active, and as the
prices generally are very low, it must necessarily, ere long, lead
to more extended operations.
MANCHESTER, THURSDAY E•ENING.--WO have had a
steady or rather an extensive demand for cloth this week, which
has caused some of the more wealthy manufacturers to hold
back their stocks, expecting to realise rather higher rates :
last
the very full rates current week, in some cases perhaps
things on the whole are very healthy. Spinners are obtaining
rather exceeding them.

PARLIAMENTARY BUSINESS.
SATURDAY, JULY 26.
Lords' amendments
NOTICE GIVEN AT THE PRIVATE BILL OFFICE.
Wakefield, Pontefract, and Goole Railway,—Lords' amend-
ments to be considered, Tuesday, July 29.
,37,-lieport, Tuesday, July 29.
t o Eastern s considered,t rn CountiesLondonderryn d
( Tuesday,ColeraineCa rn rij July
aa2i n9l7d a YBury'— St. Edmund's Ex-
tension) Railw

------ --------
EFFECT OF NEW I „ lAILWAYB ON TILE PRICE OF
COALS IN LONDON.—Mr. Mahon, in giving his evidence
before the Committee on the Cambridge and Lincoln line of
railway, stated that he had had the management of coal-mines
iCnlaDy Co erb
capable ef un-
limited supply, and he believed that the Clay Cross and
Stayley coals were quite equal to the Durham. By the pro-
posed new lines of railway these, coals could be delivered in
rysshsi,re w for
ingetrwfielt, y }earsandstayiey, Were Ca Past; that the coal-fields of
London at 141. 10d. per ton ; rewash coals as low as 10s. 6d.;
while the Wingerworth, which were not so good in quality
could not be delivered in London under 145. 6d. per ton.—
The Builder.

MATHEMATICAL EXAMINATION AT ETON COLLEGE.
—The annual examination for the two prizes, in books (one:of the
value of 10/. Ioe., given by the Mathematical Moetcr,and another
of the value of 41. 45., presented by the Assistant-Masters), ter-
minated on Friday last; the examination being conducted by the
Rev. J. W. Coleus°, Fellow of St. John's College, Camhriege. The
first prize was awarded to Blore, the son of Mr. Blore, the well-
known archittct ; and the second to a pupil named Ferrers.
REALLY, WHAT NEXT ?—oti Wedne!.clay Mr. W.
White, of Horbury, joiner, purchased a mulch cow in our
cattle fair. On the following morning he went to view her,
and found the animal minus her tail. He was, as may be
imagined, greatly astonished and indignant at the discovery,
believing that it had been Fevered during the night by some
inhuman wretch ; hut upon a closer examination he ascer-
tained that the tail had been spliced on in so ingenious a
manner as to escape detection. The tail coming off was to
be attibuted to the giving way of the materials with which
it bad bon put on, namely, divers yards of waxband, &c.--
Trakejleld Jountal.

SUDDEN DEATH OF THE LATE SECRETARY OF TIIE
DUKE or WELLINGTON.—On Tuesday last an inquest was held at
Bedford on the body of a gentleman named Alfred Tomling, who
died suddenly. From the evidence it appeared that the deceased
had been residing in Bedford during the last eight months, and had
lodged at the house of Mr. Colson, in the High-street. He was out
walking with his wife and daughter on Monday evening, and he
then appeared in good health. In the course of the evening Mr.
Colson heard something fall en the floor very heavily in the room
above the shop, occupied by the deceased. He immediately ran up
stairs, and, on entering the room, found Mr. Tomling on his back,
in a state of insensibility, and alone. Mr. Colson raised him and
untied his neckcloth, and called for assistance. The deceased never
rallied again. Mr. Woodridge, surgeon, soon afterwards came, but
the deceased was then quite dead. It was the opinion of the gen-
tleman in attendance that death was occasioned by disease of the
heart. The deceased had told Mr. Colson that he had formerly
been private secretary to the Duke of Wellington. The jury re-
turned a verdict of "Died from natural causes."—Bedfordshire
Herald.

I ad no sort of interest in the uoth rtaking, nothing to ! FLANDERS AND HAMBURG MAIL.
influence them in the performance of their duties, ex- ' Bensons, JULY 24.—The journals have announced the re-
cept a desire to serve the putlic.—(Loud Cheers ) turn of.the Jesuists who were invited to the Republic of Guatamala
The Duke of RICHMOND made no such charge to direct a college, but have not been able to fulfil the mission
against the Committee. He said by that that they had which was confided to them.
acted erroreously. When the vessels, on board of which they were, approached the
The motion, as amen was then carried. coast, they were informed of the decree against them. After some
MESSAGE FROM THE LORDS. discussion they were allowed to land on the 4th of March on the
A messenger from the liouse of Commons brought up
coast of the Belgian celony, to ts.ke some repose after their voyage.
,
1 hey were soon attacked by the prevailing disorder, and one of
several Bills.
them sunk under it. The others quitted St. Thomas on the 18th
of April with Father Geaon, who had resided there a year.and.a.
half, and they arrived at Antwerp on the 16th of this month.
Father tenon much wished to remain among the Caribees, but
Carrera let him know that he would send thither a native priest.
The state of the Belgian colony is most wretched. There are
still about 200 colonists among them. There are 85 children who
are become orphans.
JULY 25.-11 i. Van de Weyer is not expected at Brussels till next
week.

I THE STAFFORDSHIRE IVIA GIS-
THATES-CASE OF ELIZA PRICE.
r The report of Mr. F. Newman Rogers, the Commissioner ap-
pointed to inquire into certain allegations contained in the petition
of Eliza I'rice of ill-treatment towards her on the part of two
constables of the county of Stafford, and into the manner in which
the magisterial business of the Kingswinford district in Stafford.
shire has been conducted, has been presented to both Houses of
Parliament by command of her Majesty. The report fully bears
out the statements already before the public as to the improper
conduct of magisterial business in that district, and is accompanied
by a letter from Sir James Graham to the Earl of Talbot, the Lord-
I ieutenant of the county, of which the following is a copy :
" Whitehall, 30th June, 1845.
"My Lord,—l think it necessary to bring under your Lord-
ship's notice several matters affecting the administration of justice
in the county of Stafford, which have come to my knowledge in
consequence of the inquiry recently instituted by me into the com-
plaint of Eliza Price. I have the honour to inclose a copy of Mr.
Newman Rogers's report upon this subject, to which I beg to direct
your immediate and particular attention.
" It appears that, in the Seisdon division of the county, two
petty sessions are periodically held for the same distrizt within a
short distance of each other; the one at Wordsley, and the other
at the Cross Inn, Kingswinford. This concurrent jurisdiction of
two benches of magistrates within the same division has led to
conflicting judgments, collision, and disputes between the magis-
trates concerning their clerks' fees. It is obviously important at
once to put a stop to such proceedings; and I beg, therefore, to
impress upon your Lordship how essential it is that immediate
steps should be taken to separate, into two distinct divisions, the
populous district which is now made a subject of contention between
two benches of magistrates. Until this can be legally effected, I
would suggest to your Lordship that the magistrates should be en-
joined to act, by agreement, within certain parishes, or to adopt by
anticipation the division, which I learn is about to be proposed by
a committee of magistrates.
" I regret to find that it has long been a practice in the county
to detain prisoners during the night chained at the stations, and
even at public-houses and beer shops. It would appear, moreover,
that, in subjecting persons taken into custody to this mode of de-
tention, no reference has been made either to the nature of the
offences with which they were charged, or to their condition, or
the probability of their attempting to escape. I am informed that
this practice, though it has been recently abandoned by the con-
stables of the police force, is still resorted to by other constables;
and I would particularly recommend that, through your Lord-
ship's suggestions to the magistrates in quarter sessions,
such directions may be given to the parish constables as will
at nee put an end to this practice, which I consider inde.
tensible.
" It is, at the same time, represented to me that there is a great
want of proper places of temporary confinement, and there is good
reason to believe that such irregular proceedings may, in many
cases, have arisen from the neglect to provide convenient lock.up
houses; I beg, therefore, to call your Lordship's attention, and,
through your Lordships the attention of the county magistrates,
to the 12th section of the 3d and 4th of Victoria, c. 6E, which
empowers the magistrates to erect suitable buildings for this
purpose.

" Two other irregularities appear In the course of the inquiry,
which do not seem to be confined to the particular case out of which
it arose. I allude to the performance of judicial duties (not mere
Ministerial acts) by magistrates in their private dwellings—a
practice which I consider open to serious objections, and which I
am happy to learn has for some time been decreasing among county
magistrates. The grant of warrants also in trivial cases, where
the attendance of the parties against whom a complaint is made
might be secured by summons, is a course which may unnecessarily
entail upon innocent persons the degradation of criminal custody,
and frequently a useless loss of their time. lam afraid that the
result of this examination proves the existence of dissensions
among the magistrates acting in this district of the county of
Stafford, which are at variance with the public interest, and in.
consistent with the due administration of justice.
" In reference to the particular case complained of, I have
learnt with much surprise that Mr. Briscoe, whose conduct the
petition of Eliza Price brought specially under the notice of Par.
liament, has be, n in the habit of executing blank warrants of
commitment, and of sending them a distance of seven miles to his
clerk, by a constable, with instructions which it is not clear were
always in writing, to fill them up. lam sure it is unnecessary to
call your Lordship's attention to the serious abuses which such an
irregular proceeding might produce, or to the injurioes effect which
so great an informality must have upon theadministration of justice.
" There is one other point to which it is necessary I should
advert; I am of opinion, that part of the irregularity which this case
has disclosed, would not have arisen, had the clerks to the magic.
.rates acting at the Cross Inn Petty Sessions been fully qualified
persons, and I trust that your Lordship will deem it right to impress
upon the magistrates how necessary it is that they should be assisted
in the important business which belongs to the Petty Sessions, by
clerks who possess every qualification necessary to tit them ler the
discharge of such duties.
" After full inquiry and consideration, I regret that I cannot
avoid expressing my disapproval of Mr. Briscoe's conduct. Ido
not attribute to him the improper treatment of Eliza Price, while in
the custody of the constable. But I have already expressed to
him my opinion that it was a harsh proceeding to issue a warrant
for her apprehension on a charge of common assault, instead of a
summons to appear at the petty sessions. His proceedings, more-
over, as a magistrate, are shown to have been marked by great
irregularity. And I request that your Lordship will impress
strongly upon him the necessity of exercising great caution in his
future magisterial duties, of strictly adhering to those legal forms
of proceeding which are important to the proper administration of
justice, and of preventing, by a more vigilant superintendence of
those who may act under his orders, any unnecessary harshness in
the execution of the law.
" I have the honour to be, my Lord, your Lordship's very faith.
ful servant, "J. R. G. GRAHAM.
" Earl Talbot, Lord.Lientenant of the county of Stafford,
&c., &c."

DISTRICT MILITARY PRISONS.

The following general orders have been issued to the Royal
Regiment of Artillery :

1. It having been officially intimated that the necessary arrange-
ments have been made for the reception of prisoners at the District
Military prisons at Fort Clarence, South Sea Castle, and the Provost
Prisons at Devonport and Athlone, the Master directs that, in con.
fermity to the practice laid down for the army, all prisoners of the
Royal Artillery, sentenced by court martial to periods of imprison.
merit above twenty- eight days, be committed to the prisons esta-
blished within their respective districts, but at those stations where
garrison or barrack cells, of approved construction, have been
erected, and duly certified as fit for the confinement of prisoners, it
is lett to the decision of commanding officers to confine prisoners
in such cells, if under sentence for any period not exceeding twenty.
eight days. In all cases when the term awarded is beyond that
period, they are to be committed to the prisons of the military
district to which they belong.

2. It has been arranged that soldiers of the Royal Artillery sent,
under sentence of court martial, to undergo their imprisonment in
the several buildings set apart by the Stcretary-at- War, as district
military prisons, or as provost prisons, agreeably to the 28th sec-
tion of the Mutiny Act, arc, for the periods they are actually in
confinement, and subsisted in such prisons, to be distinguished in
the troop or company pay list as being in such prisons ; but no
charge whatever, during their confinement therein, is to be in-
cluded in the pay list, as the cost of the subsistence of these men
will be provided in the army estimates as a part of the public ex-
penditure of the district military prisons.

3. In all cases, however, of soldiers of the Ordnance corps being
sent to undergo the sentences of courts-martial in the civil prisons,
or confined for short periods in the garrison or barrack- cells
established for the purpose, their subsistence not exceeding 6d.
a day will be drawn, as heretofore, in the troop or company's
pay-lists.

4. The Secretary-at-War has stated, in reply to the Master-
General and boards of inquiry on the subject, that the services of
soldiers are not forfeited when sentenced to imprisonment, and
forfeiture of pay, by order of the commanding otfieer, for periods
not exceeding seven days, under the provisions of 52d Article of
War.