The Sun.
London, England, 1845-05-16 00:00:00

THE SUN, LONDON, FRIDAY EVENING, MAY 16 1845.

pal as well as moral law, when dealing with that
exercise, they ought not to have any existence what-

ever. Yet the Act of Parliament to which Mr.

BRODERIP referred, indnces, if it do not compel, the
magistrate to be constantly screening the possessor of
property from these penal liabilities on account of
offences against the law, while they are constantly
enforced to their utmost extent, and in their severest
stress, against the destitute of property. The late
Mr. Under-Secretary DRummoNu is immortalised by
his apothegm that " Property has its duties as well
as its rights." But our stipendiary magistrates have
been in the habit, too long, of improving upon that

apothegm, by illustrating another—namely, " that
property has its wrongs as well as its rights."

and Toulouse (Mackenzie), sf. ; ditto and Cette (Espeleta),
16f. 25c. ; Creil and St. Quentin, 25c. ; Paris and Stras-
burg (Ganneron), 15f.; Dijon and Mulhausen, sf.

That is to say, the privilege of committing wrongs,—
a luxury which your moneyless man is no more to be
permitted, in their opinion, than a pauper husband,
whose wife has eloped from him, and deserted her
family, should be entitled to a sentence of divorce by
the House of Lords, " a vinculo matrimonii." Obse-
quious magistrates have established a regular tariff of
rebukes and animadv€ rsions in disposing of cases of
assault and battery, as the Act of Parliament has
prescribed a regular tariff of money fines and their
" Exchange rates" of equivalent terms of imprison-
ment. To a roystering Marquis, or a pugnacious
Viscount, or a silly spendthrift Lord, they hare
graduated admonitions to be addressed to the noble
offender,—as " a nobleman of such distinguished
rank and station," a " person whose high rank
should have preserved him from so committing him-
self;" a "young nobleman so highlyconnected." A
run- over policeman, a capsized gate -keeper, a knocked-

HOUSE OF LORDS-(THIS DAY).
The House sat to-day for tin first time, since the termina-
tion of the Whitsuntide recess, to hearNgcotch Appeals. The
Peers present were Lord Cottenham, Lord Brougham, and the
Bishop of Chester.

CAMPBELL P. SIR JOIIN COLIN CAMPBELL.

Sir T. W;;;F. opened the appeal on the part of the appel-
lants, and occupied their Lordships the greater part of the
morning in his address to them on his behalf. The case
arose out of an action brought in the Court of Session by Sir
Colin Campbell, against the appellants, for the purpose of
obtaining reparation for :the loss sustained by him in conse•
quence of their breach of professional duty when acting as
agents.
Mr. Anderson was counsel for the appellants, with Sir
Thomas Wilde, and Mr. Turner and Mr. Rolt (who appear,
and most deservedly so, from their great talents, to be favou-
rites, not only with Parliamentary agents, but solicitors,
in the Chancery Courts), were counsel' for the respondents.
The case appears likely to occupy several days.

SECONDARIES.-(THIS DAY.)
(Before Mr. Secondary JAMES.)
ATKINS V. HOBBS.
This was an action for libel. The parties are well-known
public vocalists. The damages were laid at 2,000/.
The libel was set forth in the declaration as being a letter
written by the defendant to Mr. George Robinson, in the
following words :

" 29, Upper Stamford-street, Nov. 1.1.

" Dear Sir,—My reason for asking who would constitute
your party was, that I might not pledge myself to you if I
had any chance of meeting that rogue Atkins—lie robbed
me of the major part of 1001. I therefore consider him to be
too dishonest for me to meet him ; and for that reason must
decline your kind remembrance."
The defendant sufiered judgment to go by default.
Mr. WATKINA addressed the jury at great length. He said
that the plaintiff and defendant had formerly been on the
most friendly terms, and the plaintiff had formerly always
endeavoured to promote the interests of the defendant. It had
been said that lowliness was young Ambition's ladder, but
when Ambition grew old, he was apt to kick down
the steps by which he had ascended—this was the
case with the defendant, who had at all times re-
ceived the most kindly attentions from the plaintiff, but
having raised himself to a high position in his profession, he
had turned round upon his friend, and for some reason had
chosen to traduce his character. His friendship had dropped
to coolness, and from coolness to aversion. He (the Learned
Counsel) considered that this letter could not be viewed
as a mere ebullition of feeling over some injury, either real
or imaginary, but was a deliberate intention to malign the
plaintiff. The Learned Counsel dwelt with considerable force
on the position in which the plaintiff stood with the public, and
that such an aspersion was likely to do him the most serious
injury. The object of the plaintiff was not to put money into his
pocket, but to vindicate his character. The defendant had
been twice written to by Mr. Nobler, the plaintiff's attorney,
to retract thecalumnious expressions, but he had not deigned
a reply.
IMMr. George Robinson examined—ls a public singer. In
November, 1844, was-engaged to make up a party of vocalists
to sing at Haberdashers Hall. He wrote both to plaintiff
and defendant, inviting them to be of the party, and received
the letter produced from Mr. Hobbs. In consequence of
that letter witness again applied to Mr. Hobbs, and offered to
alter the party---that was, to request Mr. Atkins not to at-
tend, but he, Mr. Hobbs, however. declined to attend, on the
ground of a pre-engagement. Had known both parties for
years, and had been in the habit of engaging them when he
had occasion. Had not engaged Mr. Atkins since that
time. _ _ _

up pater fitmilias tradesman, or a knocked-down shop
man, are apprised that they had better retire, and see
whether they cannot settle matters with the noble
accused ; or, the Marquis is ordered to pay 10/.; the
Earl, 71.; the young Viscount, M. ; which in each
of their cases is readily produced. The complainant
steps down and disappears; the young aristocrat
bows with mock humility to the bench, the Magis-
trate smiles benevolently, and the Court is cleared—
the police " officer" showing out their recent pri-
soners with a degree of deference proportioned to the
expectat4ons they indulge of the acknowledgment
they may receive or return. But, lo ! some ambi-
tious medical student—full of everything but medical
science and money—or a lawyer's clerk, with purse
as empty as his head ; or an emulous shopman
who has parted with his discretion and his
money together overnight—is brought up for
some high deeds of street-daring, accurately
modelled on the practice of the lordly " disorderlies,"
but pushed by no means to the same scandalous
extent to which the latter would have carried th(m.
The same magistrate, perhaps, sed quantum mutatus
ab ilk, hears the charge, examines the witnesses, and
passes sentence on the prisoner. From habit he
detects, in a moment, all the iniquitous destitution
of the proud culprit's pockets. Indignation gives
eloquence to his law—emphasis to his admonitions.
He paints, with graphic force, and vivid earneitness,
all the terrors of bell-pulling, knocker-wrenching,
police flooring, waiter " bonneting," cabmen defraud-
ing, turnpike bolting, and other such enormities.
"Extenuating circumstances" he will no more listen
to than RIIADAMANTIIUS himself would atten'l (on
the passing of his irrevocable sentence) to a private
note on gold-edged ivory paper from PROSERPINE,
praying fur a mitigated judgment. No. In
matters where the wrong doer is " bad pay,"
as it is phrased, the magistrate becomes
like the Cumean Sybil, full of a holy inspi-
ration. lie must vindicate the majesty of justice,
and the pennyless rascals fined 51. each, must, in de-
fault of payment, be imprisoned for the regular tariff
equivalent term of so many weeks or months. Thus,
as Mr. BRODERIP intimated, a pecuniary fine is the
lightest possible tax on a moneyed offender for the in-
dulgence of his passion or caprice, his brutality or his
folly. But if you put him on the same footing with
the moncy/css, and hand him over to be dealt with by
a criminal jurisdiction, and the unbiassed opinions of
a jury of twelve true men, you really do fair and
equal justice. The offence is equal, let the
remedy, or the chance of remedy be equal.
The offenders are alike peccant, let their
punishment, or their chance of punishment,
be similar. Take away a jurisdiction that is
presented with two alternatives, one of which can
never be equally applied to the cases of two offenders
not in equal circumstances. Remit, on proof ten•
dered to the satisfaction of the committing magistrate,
both cases to another tribunal, which has one defined
jurisdiction, and is liable to no such fluctuations between
two alternatives— and whose decision must be beyond
the imputation that cannot but apply to those of the
magistrate, who may either summarily fine, or im-
prison, or refer the case before him for trial at a
criminal assizes.

Madrid journals of the Bth inst. have been received.
The discussion of the budget was still going on in the
Chamber of Deputies, and two important resolutions
had been adopted—one authorising the Government to
raise a loan for repairing and constructing roads, the
interest of which should not exceed 15,000,000 reals
(150,0001.), and the other fixing the amount of tho au•
nual tax on landed property at 300,000,000 reels
(3,000,000/.) The latter was adopted by a majority of
88 to 27. This certainly is a very heavy tax for such a
country as Spain, and has produced a strong sensation
among the landed proprietors.
On the 7th the first horse-races for the season took
place at the Casa de Campo. The QUEEN and Royal
Family attended by NARVAEZ and MARTINEZ DE LA
Rosa, the French Ambassador, and many general officers,
were present on the occasion. Among the sports was a
hurdle race, which excited much interest.
The Three per Cents. were done at 348 for cash, and
358 at 60 days ; the Five per Cents. at 25 for cash, and
2.58 at 60 days ; and the Debt without Interest at 84 at
60 days.

Mr. WOOLRTCII then addressed the jury for the de-
fendant ; he said, that if the defendant had acted with
the malignancy imputed to him, be would deserve the strong
epithets which had been applied to him, but he had done no-
thing except what any person in his situation would have
done. The facts were these—that so far from the defendant
being under any obligation to the plaintiff; it was the re-
verse—that the defendant had accepted many accommoda-
tion bills for the plaintiff; which ought to have been taken up
by him, but which the defendant had been obliged to pay,
and an action had been tried, and a verdict—
The SECONDARY said he could not hear statements which,
if evidence to support was called, he was bound to reject.
The Learned Counsel could not go into detail, but might
show that there was a ground for ill-leeling. He, however,
could not go into evidence to justify the words imputing
robbery to the plaintiff, as there was no plea of justification
on the record.
Mr. WOOLRYCII then proceeded, and urged that the let-
ters from Mr. nobler were written in such a tone that it was
quite impossible for the defendant to admit the assertions that
he had made " most wicked and unfounded aspersions on his
(Mr. Atkins's) character." Indeed, the bitter censure in the
letter was almost libellous. He begged the jury to well weigh
the circumstances before they gave heavy damages, and to
place the fair interpretation on the words, and not construe
them to apply in the ordinary meaning of the words—not as
charging a legal robbery, but a moral fraud.
Mr. Wm:lm replied.
The SECONDARY summed up. The plaintiff's conduct in
writing for an apology had been most proper and gentle-
manly—he had received an injury, and no apology or atone-
ment had been made, therefore the jury would give damages,
but not excessive or vindictive.
The jury consulted twenty minutes, and gave a verdict—
Damages, 251.

THE LATE. MURDER AT
GREENWICH.

CRIMINAL COURT.-(THIS DAY

OLD COURT

Martha Brixy, aged M charged with the wilful murder
of Robert Barry Flinch, aged ten months, the son of Mr.
Ftinch,a solicitor, of Greenwich, was arraigned, and pleaded

" Not Guilty " to the charge in a feeble vtiice.
She was then removed, and on the arrival of Lord
Denman, Mr. Baron ,Alderson, and Mr. Justice Coltman,
who were accompanied by the Lord Mayor, and the Sheriffs,
she was again placed at the bar.
She is a dark good-looking girl, with nothing in her
appearance to denote that she was influenced by violent
passions, or that she was labouring. under that most
distressing of all maladies—insanity. On being placed in the
dock she burst into tears, and was placed in a chair by the
attendants. During the address of the Counsel for the pro-
secution she burg down her head, kept her hankerchief to
her mouth, and rocked herself to and fro.
The court was not so crowded as during the trial of
Connor yesterday. There were several respectably-dressed
remales present.
Mr. Bodkin and Mr. 'Wyld appeared for the prosecution,
and Mr. Clarkson for the prisoner.
Mr. BODKIN then !tilted the case to the jury, and pointed
out several peculiarities on the part of the prisoner, which,
he said, denoted insanity, or that at the time she committed
the murder she was not responsible for her actions. They
would, therefore, have to consider whether she was account-
able for actions at the time she destroyed the life of the child
or not. The Learned Counsel the called the following wit-

IN THE STRAND.

yaainnnbeo sot
my
esuexfytso,
fO nm tals7
I2NOv 20th
of Mr.o
gu:orfliesaNditn:iesict,
lh,eageeterh,i
ne:ceaooe
drawing-room
deceased
eietwi
morning.
agi eawtl.rihl,da
ro:mrorf
otoe.
rliy
wnhei
prisoner.
sf ih nwe ac
lefnainsldnaa r4a,tt a.,
eitvcohril
hrda,e I the
cor done room
a mm:y. iai
will
id,
murderer. I have cut the baby's throat." I ran from the
room, and proceeded to the nursery. I there saw the child
in the cot, with his head very nearly off. I saw an ordinary
table knife lying across the child, which I saw was dead. I
lett the room, and on the landing I met Mr. Traill. I told
him what had happened. I went down stairs, and shortly
after I saw the prisoner in what is called my room. She there
begged my forgiveness, and said, " Oh, what will become of me."
I said, "You wretch, you have murdered my poor child
which never could have done you any injury. You will be
hanged, that's what will become of you. 'I pushed her from
me, and she fell down on her knees and prayed God to for_
give her. A policeman was called, and she was given into
his charge. She said, "Oh, Sir, let me stop to change my
boots." I said there was no necessity for that; but they
were brought by one of the servants, and she was taken away.
She was kind to the children in every respect.
By Mr. CLAiticsoN—Her general conduct was -kind. I had
noticed that she was dull and restless, and unwell. Mrs. Ffinch
had applied to a medical gentleman respecting her. Her
mother had been sent for in consequence of committing that
crime. She said she wished to leave her situation, and after-
wards. prayed that she might be allowed to stay. She had
mourning with others on account of the death of my father.
Her mother was at my
.house on the Ist of May. Ido not
know if she ever complained of her head. I had seen her in
the nursery that morning with the child in her arms, about
a quarter before nine. The other nurse had the entire care
of the children. I know of nothing that would cause her
to have any enmity to her mistress. She was always treated
with the utmost kindness. She seemed sensible of the kind•
ness she was receiving. I noticed nothing peculiar in her
demeanour towards the child.
By Lord DEN3IAN—She had been three years in my ser-
vice, and the children seemed fond of her.
Mr. Traill, one of the magistrates at Union-hall—l was at
Mr. Flinch's house on Sunday morning, the 4th of May. I
followed Mr. Flinch when he left the room, and met him
coming out. of the nursery door. I saw the sight was too
horrible for the mother of the child to see, and I went down
to prevent her coming up. I saw the prisoner at the bottom
of the stairs. I took hold 'of her hands, and held her. She
addressed me by name, and said, "What have I done—what
will become of me ; do you think God will forgive me?"
She had used the expressions when she came into the room,
"I am a murderer." The first time she spoke to me I said,
" You poor, miserable wretch ;" but I expressed no opinion.
By Mr. CLARKSON—My first impression was, that some
act of carelessness had led to some dreadful accident. Per •
haps that she had let the infant fall out of the window. I
could not say that her conduct was that of a person who had
become conscious by some act she had committed. From the
first time I saw her I thought she was low-spirited.
Mr. John Sutton, residing at Greenwich, grand uncle to
the deceased, surgeon, described the appearance of the child.
The head was nearly severed from its body.
Sarah May—l have been in Mr. Ffinch's service two years
next June. I recollect the Sunday morning. The prisoner
had nursed thechild. She did not very often take him in the
morning, more frequently during the day time. The prisoner
afterwards assisted me in making a bed. She asked me
if I thought Mrs. Flinch would forgive her, and
allow her to stop. I said, " Martha, Mrs. Ffinch will
not let you stop." She stood in a study, biting her
nails. I went down stairs into the back yard immediately.
She had previously gone into the back nursery' where the
infant was. Three elder children were in the said nursery.
I heard a scream. I had not seen the prisoner from the time
I left her till I heard the scream. She was the only person
left up stairs with the exception of the children. She was a
person of kind dispo4tion, and the children were fond of her.
I recollect Mrs. Ffinch going to Dover. On the same morn-
ing she gave the servants mourning. The prisoner was dissatis-
fied with her's, though there was nothing the matter with it.
She was low in spirits, and did not look so well as she used
to do. After Mrs. Finch had gone to Dover she took the
body off, and said she would burn it. She put it in the
middle of the flames and pushed it down with a poker. I
told Mrs. Ffinch this when she came back. This
I told the prisoner I would do so. I told Mrs. Ffinch. Mrs.
Ffinch told her that she must be in a great passion to do it,
and she must leave her service. Her mother was sent for.
Mr. and Mrs. Ffinch overlooked this, and she was to stop.
Mrs. Ffinch also said that if she heard anything more about
the dress she should leave. The prisoner seemed desirous
to leave. I recollect the prisoner being sent to fetch the
children from school on the 2d of May. She was gone a long
time and came in with the dress in her hand and said she
had been to the dress-maker's. Mrs. Ffinch said, " You re-
collect, Martha, what 1 said about the dress last night, and
that if anything more was said about it you should leave.
You must now leave." The prisoner cried. On the Satur-
day she asked to be allowed to stay. I heard
her say many times that she would never be
happy again if she left. Mrs. Flinch told her that she had
been to Deptford to see a young woman who was coming to
take her place in the nursery. The prisoner said oho was

(THIS DAY.)

The Paris journals are chiefly occupied with com-
ments on the proceedings in the Chamber of Deputies
on the great northern line of railway, but they possess
little interest to the English reader. The Bill introduced
by the Government, it appears, will be adopted with
little alteration. On Wednesday, the Chamber had
adopted all the clauses up to the 47th, and rejected many
amendments. One of the amendments proposed by M.
E. BLANC was, that the third-class carriages should be
so constructed as to be closed, not with curtains, as pro-
posed in the Bill, but with glass or wood, like the other
carriages. The amendment was lost. The Deputies of
the Pas de Calais presented an amendment, proposing
a branch line from Fampaux, near Arras, to Hazebrouck,
with a view to place Calais and Dunkirk on the same
footing as Boulogne in respect to communication
with the centre of France. This afnendment ivas re-
ferred to the Committee on the Bill, who recommended
that it should be rejected. The accounts from Africa
are not favourable. Ann-EL-KADER is evidently deter-
mined that Marshal BUGEAUD shall not enjoy his title

in peace. A letter from Algiers, of the 6th instant,
states that the insurrection is complete in the mountains
of the Ouarenserris, and that several of the Arab chiefs
who had received appointments from the Governor-
General have been sacrificed. It is also stated that
nearly 2,000 mounted Arabs appeared on the 28th elf
before Orleanville, and menaced an attack, but withdrew
on a sortie being made by the garrison, supported by
the cannon of the camp. On the 30th a serious engage-
ment took place in sight s,f Orleanville, between the hos-
tile Arabs and a French detachment. The Arabs were
defeated, with a loss of 20 killed. The French had only
two men killed and six wounded. The Journal
des Debats has a long article on the report of M.
GARELLA, who had been sent out by the Go-
vernment to examine the practicability of the
scheme for making a canal through the Isthmus of
Panama. He reports in favour of the measure, but one
of his plans is rather alarming for the success of such an
undertaking. He found the lowest elevation between
the two seas to be about 500 feet, and as it is tco great
an elevation for a ship canal, he proposes an erormous
tunnel, capable of allowing frigates to pass through. He
thinks, from an examination of the soil, that a tunnel of
100 feet in height above the surface of the canal would
be practicable, and might be made within a reasonable
outlay of money.
On the Paris Bourse on Wednesday the Three per Cents.
closed at 86f. 25c.; the New Loan at 86f. 55c. ; the Five.per
Cents., at 121 f. 30c. ; Orleans Railroad shares, 1,221 f. 25c. •
Rouen, I,oBBf. 75c. ; Vierzon, 822 f. 50c. ; Havre, 882 f.
50c. ; Avignon, 1,055 f. ; Basle, 271 f. 25c. ; Belgian Two-
and-a-Half per Cents., 62f. ; Spanish Actives, 40'%f. ;
Spanish Three per Cents., 42f. ; Spanish Passives, 814. f.
The fallowing are the quotations in shares for the
new lines:—

Orleans and Bordeaux, 220 f. prem. ; •Boulogne, 170 f. ditto ;
Troyes, and Montereau, 75f. ; Paris and Lyons (Lafitte),
18f. 50e. ; ditto (Calon), lf. 50c. ; ditto (Ganneron), 7f. 50c. ;
Northern Line (Lafitte), 32f. 50c. ; ditto (Rosamel), 12f. 50c. ;
.Tours and Nantes (Mackenzie), 12f. 50c. ; ditto (Drouil-
lard), par ; ditto (O'Neill),l2f.soc. ; ditto (Jacques Lefevre),
par ; Lyons and Avignon (Lecointe), 25f. ; ditto (Talabot),
351. ; ditto (Compagnie Dieridionale), 12f 50c. ; Bordeaux

very sorry indeed, and hoped her mistress would forgive her,
and let her stop. She seemed very cbm'lartable and cheerful, 1
and indeed I heard her sing on the Saturday afternoon. She
spoke about the young woman coming, and said she did not
like another to come in her place, and that she should stay.
The prisoner had been taking medicine. She had complained
of her head about a month before the occurrence—before Mrs.
Ffinch went to Dover. She said it was a curious sort of
aching pain. She had said she was better. She was very
much liked in the family. On the Saturday morning she
spoke about persons being hung. She said, " I need not
make myself so unhappy as I do; anyone would think I had
committed a murder." I said, " Martha, don't talk in that
way." She asked me if I ever heard of women being hung;
and I said they were hung as well as men. She said she
would rather be hung or transported than put in a mad-
house. She spoke of this herself. The idea of leaving was
.uppermost in her mind ; she talked of nothing else.
By Mr. ChanKsoN—She had said that Greenwich did not
agree with her, and that her health was bad. She told this
to her mistress. This was about three weeks before the oc-
currence. Her dress fitted very well indeed. She said it
did not feel comfortable, and she would nor wear it. She
wanted for nothing—neither money nor nothing else. I found
she had pawned the dress, to which she had a new body
made. From the time she was told she was to go, she be-
came unhappy and melancholy.
Elizabeth Middleditch, housemaid to Mr. Flinch—Let Mr.
Traill in 10 minutes before 10. I returned to the kitchen.
The prisoner was there. • She went into the pantry. I fol-
lowed her. She took a large knife out of the box. I asked
her what she was going to do with it, and she said she was
going to cut a pencil for one of the children. I said a smaller
one would do, and she said it would do to cut the bread and
butter in the afternoon, and took a smaller knife, and took
them both up stairs. Heard the infant scream. On the same
morning I went into the nursery at a quarter past nine o'clock.
She was washing up the breakfast things. She said, " Oh,
Eliza, I wish I was dead." I said that was a strange wish,
as she was going to stop.
Caroline Matilda Priest, cook to Mr. Ffinch—l have been
four months in his service. I recollect the prisoner coming
into the kitchen. She afterwards had two knives. I saw
her feel the blade of one of them.
Mr. John Burton, surgeon—l was desired to send the
prisoner some medicine on the 31st March. I treated her
for irregularity.
By Mr. CLAhESON-I have treated young females for a
similar complaint, It affects the constitution, and fre-
quently the head. It causes dullness, moroseness, and fits
of irritability, and great excitement. These fits sometimes
come on suddenly. I have known cases where the mind
has been visibly affected. I did not see her after, but I
,had b2en constantly consulted by Mrs. Ffinch about her. I
recommended that she should be sent away, because I con-
sidered that such an act. of violence as burning her dress
unfitted her for her occupation. I thought it was a prudent
recommendation. She had taken medicine up to the day of
the fatal occurrence.
By Mr. BODKIN-I did not state that she was deranged at
the time.
By Lord DENMAN-But do you think so ? Witness—That
is a difficult question to answer.
Police constable 21 R—l was at the station-house when
the prisoner was brought in. She asked me If I thought
God would forgive her? She said that she had not quar-
relled with any of the family, and that th'ere never was a
kinder master or mistress. She asked me if I thought she
would be sent across the water in chains. She said she wanted
to go, and could not stop there, and asked if I thought Mr.
Ffinch would forgive her in a week. She asked if she
would have to wear the prison dress, and if they would treat
her harshly. If they did, she should not know what to do,
as she had always been treated kindly.
Elizabeth Gerrard had the care of the prisoner at the sta-
tion-house. She wrote that letter on the following Monday
morning, about nine o'clock :

" sth of May.
" Dear Mary,—Pray send me another collar, and a pair of
gloves, and may God Almighty forgive me for the wicked-
ness I have done. I remain your sincere friend,
" MARTHA BRIXEY."
This was the case for the prosecution.
Mr. CrAnxsos then rose to address the jury on behalf of
the prisoner. He characterised the case as one of the most
painful which had ever engaged his attention during a long
professional life. He could not complain of the way in which
his Learned Friend had opened the case,nor of the law which
met cases of the distressing kind before them. He referred
at some length to the answers of the law Lords to questions
propounded to them by the House of Lords, respecting the
state of the laws relating to lunatics, to show that no general
rules could-be laid down for the guidance of juries in arriving
at conclusions in cases of insanity. So great a responsibility
then devolving upon them, it behoved them to be extremely
cautious in returning their verdict. The unsettled disposi-
tion of the prisoner, the irregularity of her system, the pains
in her head, the sudden fits of passion which came upon her
from trivial causes, all denoted that she was labouring under
insanity, and had been affected with this disease for three
weeks before the murder. Her kindness to the children, and
their love for her, her desire to leave her employment at one
time and to stay at another, also denoted aberration of intellect.
The family doctor had advised her removal, as from her condi-
tion she ought net to betrusted with children ; so that he had
noticed the diseased state of her mind. Let them recollect

the questions she put to one of the witnesses, "if women were
ever hanged ?" and, when in custody, if she should be sent
abroad in chains? that she could not stay in the prison,
and must be let out ; and her asking if Mr. Ffinch would
forgive her in a week ; her conduct in the house, and. every
circumstance in the case, and then let them say if she was
in a sound state of mind. He concluded by confidently rely-
ing on a verdict of acquittal in behalf of the unhappy prisoner
at the bar.
VT

—Lord DENMAN then proceeded to sum up the evidence. He
held that the act was clearly proved against the prisoner,
but they would have to consider whether she. was or was not
in a deranged state of mind at the time of its commission.
After pointing out the responsibility of juries, and telling
them that they had to consider the facts of the case as honest
and sensible men, without bias either one way or the other,
and dismissing from their minds all apprehensions, to arrive
at a conclusion warranted by the evidence which they had
heard. He read over the evidence, and commented as he
proceeded on the important points. His Lordship con-
cluded by leaving the case in the hands of the jury, who re-
tired to consider their verdict at half-past one o'clock.
After an absence of twenty-five minutes the jury returned
into Court with this verdict :—" That from- constitutional
and other causes the prisoner, at the time of committing
the act, was not responsible for her actions"—virtually Not
Guilty, on the ground of insanity.
The prisoner, who could scarcely stand whilst the names of
the jury were being called over, was then led from the dock.
During the whole of the trial she never raised her head, and
rocked herself slightly backwards and forwards during the

whole time it lasied.
THE CASE OF MR. MYER—THE LATE ASSAULT

The Grand Jury this morning ignored the bill in this case.
It will be recollected that Mr. Myer was committed for trial
by Mr. Twyford, for an assault on Mr. M‘Lean, a picture
dealer in the Strand.

Mr. CLARKSON, during the absence of the jury in the
case of Martha Brixey, said Mr. M'Lean had not presented
himself before the grand jury to support his prosecution
against Mr. Myer. He wished to state publicly that Mr.
Myer was not a party to Mr. M'Lean's absence.

RAILWAY COMMITTEES

Group V.
NEWARK AND SHEFFIELD LINE.

The Committee, consisting of the O'Conor Don (Chair-
man), ➢lr. Hope Johnston, Mr. J. A. S. Davies, Sir Denham
Norreys, and Sir John Rae Reid, re-assembled this morning,
to hear further traffic evidence.
_ _

Mr. Johnstone, draper, in Newark, was called, and stated
that the present defective mode of communication between
Manchester, Barnsley, Hudderfield, &c., entailed the greatest
disadvantage on the drapers of that town. He was sure that
the projected railway had received the sanction of the inha-
tants of Newark.

- Richardson, clerk to Giltstaff 's hotel and coach-office,
gave the number of coaches that left Newark daily, to the
places on the line of railway. He was sure the passengers
would, on the completion of the railway, go by it.

Group DD.
THE CALEDONIAN, AND THE GLASGOW, DUN
FRIES, AND CARLISLE RAILWAYS. -

The adjourned Committee re-assembled this morning at
the usual hour, and proceeded with the further investigation
of the schemes before them.

Mr. TALBOT resumed his examination of witnesses, by
calling Mr. Landell, mining engineer at Musselborough. He
stated he had been engaged generally in mining affairs
since the year 1840, and was in the constant habit of giving
opinions as to the condition of mineral fields, and the manner
of working them. He was the managing agent for the coal-
pits belonging to Sir John Hope, and from that and other
sources had gained considerable practical experience in
mineral fields in Scotland. He had been employed
by the Caledonian Company to examine the strata
of the various' mineral grounds which would be intersected
by the railway. He was well acquainted with those dis-
tricts, and in his official capacity had inspected them se-
veral times. He also knew the locality of the stations on
the railway to which it was intended to bring coals and
other produce. The making of the railway would tend to
open up many coal• grounds which at present are not worked,
owing to the expense of carriage for bringing the coals to a
profitable market. The principal spot on the line where lime
strata were met with was at Freshwater, and the aggregate
thickness of it was 55 feet. Sand-stone and clay iron stone
were also met with there in considerable quantities. The
neighbourhood of Poole and Sismahagu abounded in
various qualities of coal, and at the present time
six workable seams existed in that district. The produce
from these places would for the most part be transmitted to
Edinburgh to be disposed of, if a line of railway existed.
The expense of putting the coals on the line would
amount to about 4s. 6d. per ton. The price of coal
at present in Edinburgh was 1/. Is. per ton, and
was still rising. This was a very high price to pay
for coal in Scotland, but if the railway were made, the
expense would be considerably reduced, and there would
result a better regulated supply. The witness then went
minutely into the details of the quantity and quality of
minerals to be obtained generally along the line. The gross
quantity of lime expected to be conveyed was 66,000 tons,
which would yield au income of 5,130/. per annum. The
amount of coal would be 236,000 tons, and the annual
revenue from this item would be 30,000/. The principal
iron works nearest the line were situated at Castlehill ; the
proprietors of these works had been communicated with, and
they had stated they would send their iron to Edinburgh by
the Caledonian Railway, in preference to any of the exist-
ing modes of conveyance. The manufactured iron from
Garthsherrie would be transmitted by the Castlecarry
branch. Mr. Landell concluded his evidence, by stating he
was of opinion, that the construction of the proposed line would
considerably facilitate the conveyance of minerals and other
produce at a diminished expense through all the districts
which it intersected. _ _

Sir T. Phillips cross-examined the last witness at great
length, but no material alterations in his evidence resulted.

Group X.
The Committee re-assembled to-day, Lord CoUrtenay in
the chair.

LONDON AND YORK RAILWAY.
The Committee proceeded to hear evidence in favour of
this project.
Mr. Clark, a farmer and hopgrower, and also a poor-law
guardian, of Tuxford, was called, and examined by Mr DENI-
SON. Ile stated that the town of Tuxford had considerably
declined since the withdrawal of the traffic from the great
north road. The town contained a population of 1,000, and
it was the principal market for the district around. Taking
a radius of 6i miles round the town, the population of the
district was about 11,000. The witness stated that a great
saving would be made in the conveyance of the produce of
the district if the proposed line were made.
Mr. Gladstone, /11. P., was then called, and examined by
Mr. M. SMITH—The London and York
,line passes near
Newark.• The people of Newark are favourable to the
line. I do not wish to give any opinion with
respect to this project, except so far as the interests of
Newark are concerned. I have no doubt the people_ of