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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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founded their opinions -were of more weight than the theories put forth , and he sincerely believed that the jury were as capable of judging as the medical men . If they believed these medical men—these experts in insanity— -they would take away the protection of the law from the community , because they would have a check less to prevent the commission of crimes . It would be affectation in him to say that he did not set a value on this scientific evidence . He did ; but he would rather take his own independent opinion than the opinion of others on the facts proved . However , it was not for him to judge of the value of their evidence ; he could only comment on it . It was for the jury to decide .
His Lordship ' s charge occupied six hours in delivery , and was not finished until ten o ' clock at night . The jury then retired , and returned in three-quarters of an hour with a verdict of GUILTY , but with a recommendation to mercy on the ground of the prisoner's defective intellect . Sentence of death was then passed , and the culprit was removed , without exhibiting any great emotion .
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ASSAULT AND CONSPIRACY . A strange story came out in evidence before the Marlborough-street magistrate on Tuesday , when Robert Johnston , of the Army aud Navy Club , and of Webb's County-terrace , described as a gentleman , came forward to answer a charge of assaulting William Kay , a gentleman of fortune , residing at 36 , Hill-street , Berkeleysquare . From the opening statement of Mr . Bodkin , it appeared that the complainant , who is now twenty-two years of age , became the acquaintance of Mr . Johnston -when he was about nineteen years of age . He is a young man of considerable fortune . The friendship began before he was of age , and he was led to the continent , where money may easily be expended . 3 fr . Johnston , assisted by two other persons , having contrived to get from him securities to the amount of 50 , 000 ? . or 60 , 000 / ., his
friends interfered . They applied to Mr . Galworthy , a respectable solicitor , who , by his promptitude in filing a bill in Chancery , obtained two decrees whereby all the deeds , bills , and securities acquired by fraud and conspiracy were made void and set aside . One night , as Mr . Kay was proceeding to his Loose in Hill-street , he was stopped by a man muffled in a cloak which concealed his features , who asked him if his name was Kay . Being told it was , he said— " I arrest you for debt . " The other replied that he owed no debt he could be arrested for ; but the man answered , " Your wife does . " Mr . Kay was then arrested , and was not allowed to go into his house , but was taken in a cab by the man who arrested him to a house at the west end of the town . He was placed in a room on the ground floor , and the man disappeared , locking him into the room . Mr . Kay then sat down to write a letter to his solicitor , and while
thus engaged the door was opened , and Mr . Johnston came in . The complainant naturally said , " Why have I been arrested for debt ? " Mr . Johnston replied , 4 l The arrest is all sham ; it was only made for the purpose of getting you here . " He next locked the door and commenced a tirade of abuse and slander of the characters of certain persona , afterwards making overtures to revive the association that had already proved ruinous to Kay . Johnston would not permit Kay to depart without extorting a pledge that he would write to him and ask him to dine at some place , when they could so arrange as to get the Court of Chancery decrees modified in some way . A promise so obtained is binding neither in law nor honour . As soon as Kay obtained his liberty , he sought advice , and in consequence of that step Mr . Johnston was Bummoned . Kay was imprisoned three hoars—from twelve at night until three in the morning .
According to the evidence of Mr . Kay , the man who arrested him asked if he would like to bo taken to a police office , the police station , or a private house : he answered that he would rather go to a private house . After some discussion , it was understood that the assault was to be disposed of by the defendant entering into his own recognisance to keep the peace , and that a summons to answer a charge of conspiracy was to be served on him in court .
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SINGULAR CHARGE OF FORGERY . James Railton , a stockbroker , was brought before the Lord Mayor on Tuesday , charged with having feloniously induced a woman , whose name is unknown , to forge the transfer of five hundred pounds in the New Three per Cent . Consols , with intent to defraud the Bank of England . Mr . Henry Ilalsey , a clerk in the Bank of England , having proved that a transference of the stock was made on the 20 th of last May by a woman who signed her name Eliza Potto , the owner of the
stock , . and who was identified by the prisoner as the rightful pooseaaor , Mrs . Eliza Humphreys , formerly Mitts Potts , gave evidence to the effect that she employed Railton to manage her affairs in connexion with the stock which she possessed , that slie never gave him any authority to effect the transfer of the 600 / ., and that she knew nothing of the transaction . Mrs . Humphreys seemed almofit in a fainting state , during her examination , and was accommodated wltn a chair . Her counsel stated that , since the illegal transfer , Mr . JBailton has QMUted 600 / . to be placed in the name of Mrs .
Humphreys to her account in the Bank of England . The prisoner was committed for trial , and a similar charge against him was then eutered into . This had reference to the illegal transfer of 200 / ., purporting to be made by Mrs . Mary Stow , sister of Mrs . Humphreys . The accused was committed on this case also .
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Actions for Compensation . —An action has been brought at the Stafford Assizes against the proprietor of a coalpit . The plaintiff was the father of a youth who was killed by an escape of " damp " in the pit , owing , as was alleged , to an absence of proper precautions . At six o'clock on the evening of the 25 th of last October , the boy descended the shaft of the pit in company with two men named William Harris and William Booth , who were to remain in the pit till six o ' clock the next morning . The shaft was about one hundred and eighty yards in depth , and they were engaged in driving a " gateroad , " which they had already carried about twenty yards . At about half-past nine o ' clock , the men came out of the working to the bottom of the shaft to have
their supper ; and while they were so engaged , the " damp" came down the shaft through a " heading , " fourteen yards above them , which led into another shaft , in which there were some old workings . The candles were extinguished , and the " damp " then began to sink upon them very fast . The deceased lad and Harris endeavoured to climb up the chain attached to the bucket , but were overpowered , and sank back exhausted . Their companion , Booth , however , by the exercise of great presence of mind , strength , and perseverance , saved his life by climbing one hundred and fifty yards up the chain ; and when his strength failed him , and he could get no higher , he succeeded in attaching himself to the chain by a strap , and there remained about six hours , till he was discovered in the morning by a boy passing
by the pit mouth . While hanging on the chain , he heard his companions in the pit talking for several hours , but at last lie knew by their breathing that they were dying . Before the plaintiff's case was concluded , a conference took place between the counsel on both sides , which resulted in the settlement of the action , by the defendant consenting to pay the plaintiff a sum of money agreed upon . The amount was not publicly stated . A similar arrangement was made of the action brought by the man Booth for the injuries which he had sustained ; but it did not appear that the representatives of the man Harris , who was killed , had brought any action . —At the Lincoln Assizes , 145 / . damages have been awarded to a Mr . Calthrop , who brought an action against the Great Northern Railway Company , for compensation for the loss of three horses , run down on the line , on to
which they had wandered in the course of a stormy night . The company was held to be responsible because they had allowed a gate leading on to the rails to remain imperfectly fastened Robbing a Coupse . —Daniel Leary , who has been several times remanded at Bow-street on a charge of stealing a ring from the finger of a Mr . Stocker , who was killed in the streets of St . Giles ' s in the course of a disturbance , has pleaded Guilty , and been sentenced by Mr . Henry to three months' imprisonment . — John Daley has also pleaded Guilty to the same offence , and been committed for three months with hard labour .
Fair is Foul ,. —Dr . John Blennerhassett Godfrey has been fined by the Thames magistrate fort 3 ' shillings and costs for letting off fireworks from hia residence into the public road on the 4 th of July , the anniversary of Fairop fair . He was summoned for the same offence last year , but it could not be proved that he was at home at the time , and so the summons was dismissed . On the present occasion , he did not appear ; and judgment went by default . A Model Clergyman . — The Rev . P . B . Harria appeared at the Lumbeth police office last Saturday , to complain of a report published in the daily papers as far back as the 20 th of last March ( and related in this journal of the 22 nd of the same month ) , to the
effect that he had been robbed of his gold watch and appendages by a young lady who , it was alleged , was living under hia " protection . " Tlie report went on to stnto that the fair offender managed to escape by means of a rope from a back window of the houuo where she lived , and where the police hud gouo to apprehend her ; and that tho rev . gentleman ultimately declined to appear against her at the policc-oflice , where her solicitor was prepared to moot tho charge . Mr . Harris now complained that , as the charge had not been entered on tho police sheet , it ought not to have been published . It had been put forth , however , in a way most detrimental
to hia character ; and he wished to know how he was to obtain , redress from the reporter or from tho newspaper which published tho statement . Tho reporter observed that , so far as he could understand the rev . gentleman , ho did not deny the truth of tho report , but merely found fault because tho charge had not coino forward in tho ordinary way . Mr . Harris admitted that tho Btutoinci . ts in tho report wore perfectly true , -with one exception , and tlwit was , that Mihb Oukforcl was then , or ever hud boon , under his protection ; and ho hoped that this , his Holcinn denial , would go before the public . —Tho matter was again brought up ou Tuesday , when Miss Oakford , attended by her solicitor , appeared before tho magistrate , and solemnly asserted tho truth of tho
original statement that she was under the protection of Mr . Harris . A letter from Mr . Harris was read , from which it seemed that he is under apprehension of some inquiries from his Bishop , and is desirous of " hitting on a plan which will put aside all legal proceedings . " Miss Oakford , in conclusion , said that the articles she was ' accused of stealing were given to her . The Credit System at Oxford . — The "fetal facility" with which young men are led into debt at Oxford was evidenced on Monday in the examination , at the Insolvent Debtors Court , of the Rev . James Murray Richard Rawlins , a clergyman of the Church of England who now sought relief from his debts . His liabilities exceeded 2 , 850 / ., and he attributed his insolvency to facility
of credit at Oxford , while he was an undergraduate of that University , in 1846 , and to the expenses of res toring the church of Vernon Dean , Hants , of which paris h he had been curate . His opposing creditors alleged that he was extravagant and reckless during the time of his curacy at Bardsley , a period of about eighteen months . The insolvent , upon being questioned by the Commissioner as to the debts ( 1100 / . ) incurred at Oxford , said hia father was a clergyman , who died just as he ( the insolvent ) quitted the University . His father paid some bills and made him an allowance . The debts now due had not been communicated to his father . The tradesmen at Oxford are very easy as to credit , and in many cases solicit custom . When a bill is not paid , the Oxford tradesmen frequently insist upon fresh orders being given , and the account extended . He had never
mentioned the subject of his debts to his tutor , nor did the College authorities interfere in the matter . The opposing counsel observed that there was no statement in the schedule of receipts between January , 1854 , and January , 1856 , and asked where the insolvent had resided during that interval . The insolvent ' s counsel here interposed , stating that an answer to that question would expose some very painful circumstances , which did not in any way affect the merits of the case in this court . The Registrar then handed to the Commissioner a . note , and the question was not pressed . The Commissioner , in giving judgment , said that the insolvent would be discharged , after being in custody for a period of three calendar months from the date of the vesting order—a judgment which would detain him about six weeks longer in custody .
Fjuauds on tjie Excise . —Mr . Symington , the proprietor of a paper-mill at Tickhill 1 ' riars , near Doncaster , has been condemned in a very heavy penalty for committing frauds on the revenue by vending paper which had not been stamped ; by affixing a counterfeit stamp on certain reams of paper ; and b y otherwise cvadiug the law by various false representations and tanipuriuga with the Government marks . The defendant , by the advice of his solicitor , pleaded guilty to all the counts , which were eighteen in number . A conversation between the bench and the supporters of the information followed , when some of the counts were withdrawn . The bench then mitigated the remaining penalties to onefourth of the aggregate amount—viz ., 2 , 850 / . The Commissioners for Inland Revenue have the power of diminishing the penalties still further ; but Mr . Symington is ruined by the discoveries that have been made .
" Jarndyce , v . Jarjjdyce . "—A law case was tried at the Stafford Assizes on Monday , to determine whether the infant of the late Mrs . Llewellyn waa bom nlivc or dead , as a matter of property depended on the issue . The question had already been tried at Stafford , when the jury decided in favour of the present defendant . The affair had since got into the Court of Chancery -, and the present issue was directed by the Master of the Rolls . Mr . Keating , in opening the case , remarked on the vexatious ^_ legal processes which had to be gone through , and added that he did not Lelieve a decision would ever be arrived at , as , long before that tiinciame , the whole cstuto would bo melted down . The cans *;
would stop as soon as the last acre of land in dispute was exhausted . He had already expressed his opinion on this circuit that , where the proporty in dispute was small , there ought to bo some opportunity of willing such disputes in a local court , without the expense and delay of proceedings in tho Court of Chancery . —Mr . Buron Aldorsou : " Sinco the case of * Jarndyco v . Jarndyce , ' that linn been so determined . " ( Laughter . ) Mr . Keating said that in tho cubo of " Jarndyce v . Jarndyce , " a large property was involved , which wan huIKcient to keep the suit ulive for half a century ; but in tho present case the property waa only worth about t > 0 / . ft year . —The jury , after retiring for an hour and a half , said they could not nil agree that tlio child wan born alive , and they therefore found for the pluintiff , thus reversing the verdict of the previous jury . MinijLicHicx Simmons . —William IlutchiiiH ban been
sentenced to ten months' hard labour , for Htcnling . seven shillings from a Mrs . Cheesman . The man belongs to one of the gang of follow a who hang about tho County Courts , offering their bcrvicca , as professed lawytiH , to the simple and unwary . Tho prisoner made an oiler of this kind to Mrs . ChcvBinan , who , however , hud already suited herself with a previous applicant , llutchiim , > ' ° " solving not to bo altogether disappointed , followed the woman into a public-houuo after tho conclusion of th " ease , and mado a snatch at some change out of which she was paying tho other individual , lie waa speedily
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704 , THE IE A DE R . [ No . 331 , Saturday ,
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Citation
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Leader (1850-1860), July 26, 1856, page 704, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2151/page/8/
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