The Sun.
London, England, 1845-06-20 00:00:00

COURT OF CO2IIIIOIV PLEAS, Jane 18.

Sittings at Nisi Prius, before Mr. Justice ERLE, and Special
Juries.)
O'CONNELL V. PAYNE &ND OTHERS.

This was an action for libel, in which William John O'Connell
was plaintiff', and the registered proprietors of the Morning Post
defendants.

Mr. Sergeant Shee and Mr. Percival Banks appeared for the
plaintiff; Mr. Sergeant Talfourd and Mr. Boothby for the de-
fendants.

To the libel set forth in the declaration the defendants pleaded
the general issue, which in this action amounts to not guilty,
putting in issue two facts for the jury—first, the publication;
secondly, whether the matter published was or was not libellous.
The alleged libel was as follows :
" CONFUSION IN IHE LONDON REPEAL CAMP.-114r. W. J.
O'Connell, inspector of the London repeal wardens (meaning the
plaintiff William John O'Connell), is at daggers drawn with the
London repeaters; their quarrels (meaning the quarrels of the
plaintiff and the London repeaters) threaten, as far as London
is concerned, to strangle repeal and destroy the bright vision of a
native Parliameat in College-green, which the night dreams of the
Hibernian sojourners in the classic neighbourhoods of
St. Giles's and Drury-lane created. The inspector-gene-
ral (meaning the plaintiff), indignant at his authority (mean.
ing the authority of the plaintiff) being questioned by his
(meaning the plaintiff's) followers, has in revenge closed the St.
George's ward, and suspended St. John's-wood ward. The cause
of the dispute is the payment of a weekly salary to the inspector.
general (meaning the plaintiff), while he (meaning the plaintiff)
is unavoidably compelled to absent himself from their meetings
(meaning the meetings of his followers being London repeaters)
on all days, Sundays excepted. An organ of the London re-
pealers explains the affair (meaning the affair as regards the plain-
tiff in his relations with the London repeaters) in the following
words One of the reasons why the London repeaters object to
the payment (which objection has called forth the conduct com-
plained of) of W. J. O'Connell (meaning thereby the payment
to the plaintiff of a weekly salary as inspector-general of the
London repeal wardens) is, that he (meaning the plaintiff) is com-
pelled to be out of the way all the week, fearing an arrest, and
can only be seen out on Sundays. He (meaning the plaintiff) has
been living with (meaning thereby cohabiting with) a lady of the
name of Moss, who entrusted him (meaning the plaintiff) with
money to pay bills to the tune of 2001. or 3001., and he (meaning
the plaintiff), instead of paying the bills. otherwise employed
the cash (meaning by the cash the money so entrusted to the
plaintiff) for the purpose of paying the aforesaid bills. She
(meaning the lady of the name of Moss) wishes to arrest him
(meaning the plaintiff), in the hope that the association (meaning
the Loyal National Repeal Association) will pay the money (tnem-
ing the money entrusted to the plaintiff by the said lady, named
Moss, to pay the aforesaid bills, and otherwise employed by the said
plaintiff ), and save him (meaning the plaintiff) from disgrace. All
this he (meaning the plaintiff) publicly acknowledged at the St.
George's ward, and taunted Mr. Dwaine with knowing his (mean-
ing the plaintiff's) embarrassments, and wishing to increase them.
He (meaning the plaintiff) also boasted that Mr. O'Connell would
pay the sum for him (meaning the plaintiff), but he (meaning the
plaintiff) was too proud to ask him; he (meaning the plaintiff)
stated last Monday, that if twelve wards declared against him
(meaning the plaintiff), he (meaning the plaintiff) would imme-
diately close them. The inspector-general (meaning the plaintiff)
repudiates these slanderous attacks upon his charac'er, and attri-
butes them to the vindictive jealousy of a disappointed few.' Non
nebis est componere litesl It is not our business to settle disputes
(meaning thereby it is not the business of the Morning Post news.
paper to settle disputes); and a pretty quarrel it is (meaning
thereby the quarrel between the plaintiff and the London repeaters,
from whose organ the slanderous attacks upon the character of the
said plaintiff are quoted) 1"

Af'cr hearing Mr. Sergeant Shee and Mr. Sergeant Talfourd,
Mr. Justice Etna summed up; and after some five-and-twenty
minutes' consideration, the jury returned a verdict for plaintiff—
Damages 501.

SHERIFFS' COURT, 19.
(Before Mr. Under. Sheriff BURCUELL.)
CLARKE V. WILORORE.

The plaintiff in this action is a hair-dresser in Ironmonger-row,
St. Luke's, and the defendant is a medical gentlem m in Kensing-
ton-terrace, Bayswater. The action was brought to recover the
sum of 7/. 10s., the balance of an account for rent, work, and labour,
and money laid out for defendant.
The facts of the case were these :—ln August 1843, the
defendant ,:alled on plaintiff and asked if he could accommodate
a lady with a room, who was near her confinement, and was
answered in the affirmitive, and defendant then agreed
that the rent should be 2s. a week till occupied, and 4s. when the
lady took possession. Plaintiff was also desired to hire a nurse,
which he did. The lady, however, did not arrive as expected, and
all was prepared. The defendant, however, called several times,
and one night In December a messenger arrived for Mrs. Clarke, to
whom, on going to Kensington, defendant gave an infant, a day old,
into her charge, and she took it to the nurse at two o'clock in the
morning of the 7th. Plaintiff and his wife acted as sponsors at the
christening and mourners at the funeral, the infant dying in June.
Defendant and a Mrs. %Veils, the mother, occasionally called, but
plaintiff was left to pay the expense of the funeral.
On the faith of some notes which had passed ft was now con.
tended fur the defendant that he had merely acted as the agent of
Mrs. Wells, and the father of the child, who was a man of family,
named Hudson, residing in Kensington Gravel.pits. One letter had
been drawn out by defendant for plaintiff to copy and direct to defend.
ant, abusing both Mrs. Wells and Mr. Hudson, and threatening ex.
posure; but this letter, however, was made to appear as though he
did not hold defendant personally Halite, but to frighten Hudson.
There had been another letter containing the terms of agreement,
which had been partially destroyed at the suggestion of defendant.
Mrs. Webb was called with an endeavour to show that she had
agreed with Mrs. Clarke after defendant had called, and had paid
some money. She said she was a widow, and had been so for
twelve months when she bore the child.
Mr. Hudson was also called, and admitted he was father of the
child, and had refused payment.
The jury, without waiting for Counsel's reply, or the Under_
Sheriff's summing up, gave a verdict for the full amount.

NAL COURT.
CENTRAL C
OL RIM
I
D COURT.
(Before Mr. Justice
PATTESON and Mr. Baron PLATT.)
Moariza.—Daniel Johncock, 21, a respectable looking young
man, described in the calendar as a waiter, was indicted for the
wilful murder of Hannah Moore.
Mr. Payne appeared for the prosecution, and Mr. Parry defended
the prisoner.
From the statement of the Learned Counsel, and from
the evidence adduced, it appeared :—That the prisoner and the
deceased lived together in service; they had been discharged
from that situation, and being unhappy in their minds they deter.
mined to commit suicide. The prisoner bought some oxalic acid,
which he administered to the young woman and also to himself.
That portion which was given to Hannah Moore caused her death,
but the prisoner recovered from the effects of the poison he had
taken ; this being the case, and the prisoner being present at the
time the poison was taken by the deceased, in the eye of the law
he was considered guilty of murder, and hence the present charge.
The clerk of the Lambeth-street Police.court proved the deposi-
tions and statemen's rna.ie by the prisoner,
The landlady of th Coach and Horses Cross.street,
Hatton-garden, proved that the prisoner and the deceased came to
her house on the 26th of May, and wanted a bed, which she ulti-
mately let them have. On the next morning they asked if they
could have the same bed the next night, to which she replied that
they could, and they went away. In the middle of the day the
young woman came home accompanied by the prisoner. She said
she was very ill, and must go to bed. She did so, and on witness
going up the next morning, she saw her lying on the bed dead, and
the prisoner had been taken off to the station-house.

Cross-examined by Mr. PARRY—The young man at the bar
seemed extremely attached to the deceased, and she appeared to
have great control over him.

Charlotte Davis, a lodger at the Ccaeh and Hama, earrobasval
the evidence of the last witness When s)e went into th-
the next day she saw the deceased lying with her face on the
pillow, and on lifting her up she fauthl she was nearly dead. On
titling her up, she heard a noise in her throat. Witness trii,o
fetched some water and bathed her face, and she breathed ee,•.
rst
times. The prisoner fetchea a doctor, and appeared most de,e.ited
in his spirits. On the doctor's arriving he said she was dead.
Cross-examined by Mr. PARKY—The prisoner went down upofl
his knees on finding the deceased had expired, and cried bitterly.
He appeared almost frantic.

Win. Everley lodged at the Coach and Horses. Recollected the
night in question. Saw the prisoner take up a pot of hot water to
the room where the deceased was. Witness heard him ask for the
nearest doctor, and he was directed to Leather lane. Witness
went with him ;he ran the way, and when they got there, they
were told to go to Mr. Pollock, of Hatton.garden ;
the prisoner went there by himself, and witness
went home, and went up into the room in which
deceased was. She was then nearly dead. She died in a minute
or two. When the prisoner returned with Dr. Pollock he toked
if she was dead, and upon being told she was, he threw himself
on the bed in a most frantic manner. He said they had blth
taken poison. He then handed several papers to the doctor,
among which was a letter, and two papers marked " Poison.''
The landlord then gave the prisoner in charge of the police, arid he
was taken away.

Daniel Humphries, a police constable, G. 74—Took the prisoner
into custody, who appeared at that time to be in great distress of
mind and very ill in body. When witness told the prisoner he
must go along with him, he replied he would go anywhere with
him. As they were going along, the prisoner, when they came to
Exmouth .street, said, pointing to a chemist's shop," I bought one
lot there." He then asked witness what he thought they
would do with him. Would they hang him 7 To whictr
witness replied he did know what would be dune, when
the prisoner said, " Oh, dear, what a foolish young man I have
been." While at the station-house he appeared wretched. Wit-
ness received a letter from Mr. Pollock whee at the station-house,
which he produced. During the time the prisoner was at the
station-house the stomach pump was applied, and he was after..
wards removed to the Free Hospital, where he vomited very much.
Upon witness searching him at the station-house, he found two
pieces of paper in his waistcoat pocket marked " poison," two so-
vereigns, t.vo half-crowns, two shillings, a sixpence, a fourpenny-
piece, and threepence-halfpenny in copper, a knife, a key, two silk
handkerchiefs, a hand..towel, and a collar.
Cross examined by Mr. PARRY—The prisoner was so distressed
that he hardly knew what lie was talking about.
George Wilkinson, another policeman, after corroborating the
evidence of the last witness, stated that he heard the prisoner say
to Mr. Taylor, the surgeon who attended at the station.house, that
he and the young woman had taken poison ; that she mixed it,
and they both took portions alike. After this Mr. Taylor applied
the stomach-pump.
Inspector Perry said that the prisoner told him that he should
not have known what to have asked fcr hal not the young woman
told him, and her father being a boot-maker, she said if any ques-
tions were asked he was to say it was for cleaning boot.tops.
Mr. Pollock, the surgeo.i of Hatton-garden, then gave his evi-
dence as to being called in by the prisoner to see the deceased. The
prisoner, among other things, told him that he and the deceased had
been walking about in a most melancholy state for some time. That
they had been on Waterloo-bridge, where he had greet difficulty in
preventing the deceased from throwing herself over the bridge.
That they then agreed to take poison together, which they did, but
that he had been very sick and brought his up. He said that the
reason they had taken poison was from distress, at being discharged
from their situations at a moment's notice. He said the reason of
their discharge was because he had been seen corning out of her
bedroom. Witness made a post mortem examination of the de-
ceased, and attributed her death to intlammatiue ur the intestines,
particularly the smaller ones, occasioned by poison.

Cross-examined by Mr PARRY—The prisoner appeared in great
distress at the death of ..the young woman. and said he only re.
gretted that he had not diel too.

After several other wittiesse. had been examined, and the x ate.
mett made by the prisoner at Worship-street read, the Case for
the prosecution closed.

During the time several of the witnesses were giving their eri•
dence the prisoner was repeatedly in tears, and appeared deeply
affected.

Mr. PARRY addressed the jury on behalf of the prisoner.
Mr. Justice ParrEsoN summed up at considerable length, and
The jury retired at two o'clock; and, after an absenee of half an
hour, they returned into Court, and after their names had bien
called over, and they had answered to them,
_ _ _

The Clerk of the Arraigns said— Gentlemen, arc you agreed on
your verdict F The Foreman—We are.

Clerk of the Arraigns—Do you find the prisoner at the bar
Guilty or Not Guilty? The Foreman (in a firm voice)--Not
Guilty.

The prisoner then bowed most respectfully, and left the dock.

POLICE INTELLIGENCE.
QUEEA-S!,VARE.

ATTEMPTED MURDER.—Wednesday Jane Walker, a prostitute,
who was charged on Tuesday with attempting to cut her sister's
throat, was again brought before the Magistrate.
The depositions had been prepared in order to send the case for
trial, but as it was quite evident, from the disinclination of the
complainant and her family to prosecute, that it would be useless
to do so,

Mr. BOND said he was exceedingly reluctant to treat this case
summarily, but as he felt perfectly convinced that the ends of jos_
Lice would be defeated by-sending it far trial, in consequence of the
non-attendance of the parties to prosecute, and the prisoner thus
escape all punishment, he should convict her in the penalty of 51.,
and in default commit her for two months.
SOUTHWARK.

CHARGE Or INDECENT ASSAULT.—Wednesday Mr. Cottingham
was engaged for son* time in the investigation of a series of inde-
ceat assaults, preferred by two girls of tender age against George
Bowesley, the master of an infant school in William-street, Pop-
lar-row, Newington, a man advanced in years, under whose tuition
they bad been placed by their parents.

From the evidence of the little girls, one of whom is ten and the
other thirteen years of age, it appeared that the defendant's school
consisted of upwards of seventy scholars, male and female chil.
dren, the education of whom was superintended by the Prisoner
and his wife, the former being engaged in teaching writing and
ciphering, and the latter attending to the other branches of their
education. One of the girls, Mary Ann Palmer, the daughter of
a hatter, in the course of her evidence, stated that the prisoner was
in the habit of behaving to her in a very disgusting manner on
those occasions that ought to have been devoted by him to her in.
struction in writing, and that it was in a portion of the school
where his wife was not in attendance ; that also tnentioned the
fart of his gross indecency to an elder sister, by is hom it was made
known' to her parents, and they, upon being made acquainted with
the circumstances, at once proceeded to take the necessary steps to
have the offender punished. Mary Donny, another little girl,
also detailed circumstances of a similar grossly indecent description
practised upon her by the prisoner, and the witness added that
several other female children in the school had all been subjected
to the same kind of treatment at the hands of the accused.
Mr. Roberts, prisoner's professional adviser, cross-examined
the witnesses to show that they varied in some degree in their
statements, but

Mr. Corrtsunate remarked that, although there might be a
1 slight discrepancy in the evidence, still that the principal part of
the charge was established against the accused. The magistrate
then, addressing she father of the little girl Palmer, said that he
had acted most properly in proceeding against a man like the pri-
soner placed in such a situation, having the care and instruction
of a number of children, and that, instead of his attending to them
in the way he was bound to do, he was, on the contrary, corrupt-
ing their morals by behaviour towards them of the most disgustleg
description. The charges against the accused were of that nature
that he, under the peculiar circumstances, should not t‘ish to deal
summarily with, but th ,t if Mr Palmer agreed to the sung
he should romtnit him (the prisoner) for trial to the sesson,, • hen.
in the event of conviction, he must meet with the hc
so well merited, and probably be imprisoned for .iich :
.s
would, at all events, prevent him froin folowing an ii,oe .1 -
that of master of an iivant school—for a v_a-, c Amid, ra: •
and that the exposur • consequent upon su,h a trial- 11-:;•••
effect of terminating the career of a person eo ill. qualified as the
instructor of youth.

Mr. Palmor expressed his willingness to comply with the ma-
gistrate's suggestion, and cud that, on public grounds, he deter.
mined to do so regard'ess of the expense of the prosecution as he
had since ascertfdned, beyond the possibility of a doubt, that not
only had the prisoner acted to his diildren in a most dt.,gu•trnß
manner, but also towards others under Lis tititiot..

Mr. COTTINGHANI then committed the prinornr for trial to anvver
the charge at the sersions.

LAMI3E7H.

Wednesday, Charles Henry Viscount Dillon, 16, Ilalkin-street,
Belgrave-square, appeared before Mr. Henry to answer to two
charges, the one for assaulting George White, one of Mr. Levy's
toll collectors, and the other, with having passed through the Kent-
street toll-gate with his " drag" and four without paying the toll.
George White, the complainant, upon being sworn, deposed that
about eleven o'clock on the night of Sunday, the 8 h instant, he
was on duty at the Kent-street Sunday toll -gate, near the Brick-
layers' Arm., and heard the sounding of a horn approaching him,
and in a few moments saw a co.sch
and four in view. He called
out to the driver for the toll, but the defendant, who was driving,
took no notice of it, and finding this to be the case, he caught
hold of the bridle of the near wheel horse. His Lordship cut at
him with the whip, and endeavoured to lash him on the hand so as
to get him to let his hold slip, but the whip fell on his hat.
Mr. Hesav—Did he strike at you with the thong of the whip
doubled or single ?
Witness—With the double thong, your worship. His Lord-
ship then pulled up, and asked me what I stopped his horses tor,
and I told him for the payment of cightpence for the toll. He
said the toll had been paid, but I told him it could not have been,
as there was no four-horse coach had passed through or paid that
day, and that no other gate's ticket cleared that. His Lordship
then told his servant to pay the toll, as he had got a good eight.
pennyworth; upon which he (witness) said the matter should not
rest there. The defendant merely replied, "Very well," and
desired his servant to give his name, and the servant accord.
ingly gave his name as Lord Dillon. The servant at this time
pulled out a ticket from his pocket belonging to a different trust,
and witness told him that it would not do. The toll was not paid
or offered.

Lord Dillon, in answer to the charge, said—The fact, Sir, was
that I had been dining at Greenwich with some friends, and on my
return to town the night was so dark that I mistook the proper
turning near the Green Man, and went down a different way, as it
appears, from that which we passed through in going to Greenwich,
and finding that a person had hold of one of the horses, I will own
that it was perfectly true I might Lave used the whip to get him to
let the horse go, but I only hit him once. I never saw the gate,
faonrd, olnpothlleodcoomp,palaoidnadioistirteedlimmy servant to pay the toll. My servant,
me what he had seized the horse
who is here, will, I doubt not, prove that he tendered the toll, but
the complainant said he would not take it, but should see me else-
where. Besides my servant, I have two gentlemen here who were
with me, and whom I wish to call as witnesses.

Mr. riENPA—I am quite wiling to hear any witness your Lord.
ship may think it necessary to call.

Lord Dillon here called Thomas Storey, Esq , of the Cavendish
Hotel, Jermyn-street, who deposed he dined with Lord Dillon and
a party of friends, at Greenwich, on Sunday week. He (witness)
heard the complainant say something about toll, and he (Mr. Storey)
was quite sure the toll had been offered by the servant of Lord
Dillon, but was refused by the complainant.

. _
In reply to a question from Mr. HENRY, the witness admitted
having heard his Lordship say something about having had a good
eightpennyworth out of the complainant.

Mr. Robert Nicholson of the Cavendish Hot, 1. ~ne of the party,
said he was there on the night in question, when the • dr,g • x .•
suddenly stopped, and saw Lord Dii.on hit away at the person who
had stopped the horses. He heard the toll-collector say he would
have the toll, and heard Lord Dillon tell his servant to pay. Did
not hear the defendant say he had got a good eightpcnnyworth out
of the tollman, and was sure he said no such thing. Lord alder,
nor any of the party, were at all the worse for the wine they had
taken.

Joseph Wheeler, gt,om to the defendant, sr.A he ditl not recd.
lect hls Lordship telling him to pay the toll, and he neither
did so nor tendered the amount. If his Lordship had whipped the
complainant he did not see it, nor heard him say he had given the
complainant a good eightpennyworth.
Mr HEN etv thoup,ht both charges proved, and observed !hay the
Act of Parliament Liili..ed him to convict the dot-end:llit
p_nalty of 10/. for the :->sault, End 101. in addition, t
iiebleman in the defendant's station these penalties would bt.. :,*
o nsideration Mr Henry here asked the complainant if he
wished to carry the case of assault to the sessions
The complainant replied that he would ;cove the cafe er:tlt, •
in his Worship's hands. hut Lord Dili., raid he should prefer t s
being sent to the sessions.
Mr. HENRI' thought this would he the most satisfactory way of
deciding the case, and ordered the noble defendant to fist ba I,
himself in ‘2OO/., and two sureties in 1001 each, to answer the
charge at the ensuing Surrey sessions. Mr. Henry also ordered
the deposition of the complainant to be committed to writing, to ipo
returned to Court, and alto bound him over in the sum of der. t,

ROYAL SURREY ZOOLOGICAL GARDENS.
COMBINATION OF ATTRACTIONS.
The Your Juvenile Minstrel Brothers and the Rock Harmosicon,
Every Day, t=om Nine till Dusk.
ROMANTIC GARDENS AND PROMENADE.
EXTENSIVE AND UNRIVALLED MENAGERIE.
COLOSSAL MODELLED REPRESENTATION OF EDINBURGH,
The Acme 0? Scenic Illusion.
The MINSTREL BROTFIRRS, from Four to Twelve Years of Age,
will perform Select Airs at intervals.
The ROCK HARMONICON from Three till Eight.
Lnd on MONDAYS, TUESDAYS, WEDNESDAYS, and THURS-
DAYS, GRAND CONCERTS D'ETE and MAGNIFICENT
DISPLAY of FIREWORKS.
Admission, One Shilling.
Feeding the Carnivora at Half-past Five ; Pelicans and Polar Bears
at Six; Concert at Half-past Six; and Fireworks at Half-past Nine,