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liable to the prejudice resulting from the graver charge . On the other , there may be an equally partial sentiment that the prosecution savours of persecution , and that he has been already amply punisned for the present offence by the suffering he must have endured , in the trial of that which is nowadmitted not to have been proved against him . There can be no doubt that Smethurst ought to be tried as if his name had never been known before , and as if the second wife had said in the witnessbox , 'I am the person for whose protection the law of bigamy exists . No wrong has been done to me . I married him knowing that he had a wife living . ' Bigamy is an offence that , consists in the fraud practised upon . the woman in cheating her of her
virtue by the pretence of a legal marriage . Where no such fraud has been committed , although there has been a moral offence , there has not been that which the law contemplated as the , crime . Therefore it is that sometimes bigamy is punished by penal servitude , and sometimes by but a day ' s imprisoment . There is no doubt that Dr . Smethurst ' s case would have been accounted as " of the slightest degree of the crime , had he been tried for the first time on this charge . " It would seem to be no less than justice demands , that the long incarceration which this man has undergone in Newgate , tor a crime of which he is now officially declared innocent , should be , at least , deducted from the period of his present sentence .
lathe Divorce Court , on Saturday , the case of " Lloyd v . Lloyd and Chichester , '' partly heard the previous day , was concluded . It was a suit for dissolution of marriage , on the part of the husband , and the evidence vas of a very extraordinary kind . His lordship , giving judgment , said the evidence of collusion was so gross and palpable that the Court felt bound to dismiss the petition . At the Court of Bankruptcy this week , assignees were chosen to the estate of Thomas Pratt , a farrier , in Dean-street , Soho , and George-street , Portmansquare . This bankrupt was also lessee of the Soho Theatre , and in this capacity he was known as H . S . Mowbiray . An interesting discussion took place respecting the debt of the petitioning creditor , who was [ the bankrupt ' s foreman , and the question of proof was adjourned for further investigation .
The suit of " Rogers v . Rogers and Paul , " which came before the Di vorce Court , presented some extraordinary features . The petitioner , a clergyman , prayed for the dissolution of his marriage by reason of his wife ' s adultery with the co-respondent , who put in a counter charge of adultery on the part of the husband . The petitioner was educated at Trinity College , and took honours , but his father leaving him in straitened circumstances he enlisted in the 4 th Dragoons , and became regimental clerk , and with his wife went with the regiment to India . On . his return to this country , having obtained his discharge , he was ordained , and obtained the situation
of Chaplain of Winchester gaol , and in that capacity became acquainted with Paul , who was sentenced to six months' imprisonment for obtaining money under false pretences . He interested , hiroself to enable Paul to proceed to Australia , nnd on his discharge invited him to his house . Paul repaid the petitioner ' s kindness by eloping with his wife , and they were afterwards married at St . Pancras , Mrs . Rogers being married in the name of Rogers as a spinster , thus adding bigamy to her other offence . Those facts were fully proved , and the counter charge against the petitioner disproved , and the court decreed a dissolution of the marriage .
The sheriffs have received a communication from tlie Home Office , further respiting the execution of the Portuguese seaman , Francisco Pietro Guimarions , alias Charles Annois?—who was convicted of murder at the last session of the Central Criminal Court , and who was to have suffered on Monday morningto the 26 th of December next . A most horrible murdor was porpetrated on Monday morning in a house in Quoen ' s-hoad court , Einsbuxy-market . Tho landlord going into the room of a lodger named Moorefound the body of a
, woman ( Moore ' s wife ) laid on tho floor in a stuto of nudity , and without the head , tho head itself being placed upright in a washhand-basin . Calmly surveying this frightful spectacle was a child soatod on a chair close by . Moore is in custody on suspicion , and ha , s boon examined at Worehip-strcot . It is bo-Uovod he is insane , having been lately under restraint as a lunatic . The coroner has oponod an inquest on tho body , and after hearing some evidence tho inquest was adjourned for tho attendance of some material witnesses .
At tho Central Criminal Court Jacob , Lowis , and Rosa Levl , were charged with robbing W . II . Wolls , Of Oxford , of jowollory , valued nt JilOO . Thoir conduct in Mr . Well ' s shop awnkoned his suspicions , and after thoy had loft the shop lie discovered that the jewellery mentioned had boon taken away .
The prisoners were apprehended in London , and part of the property found upon them . It was objected for the woman that she was the wife of Lewis Levi , and not his sister , as alleged . The two male prisoners wer . e found guilty , and the feihale was acquitted . Jacob Levi and Rosa Levi were then tried on another indictment , when Jacob was convicted , and Rosa was acquitted . The judge said they were systematic plunderers , and condemned Jacob Levi to two years' hard labour on the first indictment , arid one year on the second ; and Lewis was sentenced to two years' hard labour . —An application was made for the postponement of the trial of
Hughes , the absconding solicitor , until next session . It was not opposed , and was granted . ^ -The tri al of Sarah Jane Wiggins , charged with the wilful murder of James White , was then proceeded with . The crime wa 3 committed under circumstances of peculiar atrocity , the prisoner having tied the child ( aged three and a-half years ) to a bedstead at night , with his hands bound behind his back and his head downwards , and there left him , so that he died the next morning . Several witnesses were examined , and the jury found the prisoner guilty . She was sentenced to ten years' penal servitude . —Henry Leach surrendered to take his trial on a charge of
stealing a cheque for . £ 30 , the property , of his master . The circumstances of the case were somewhat peculiar , and a great deal of evidence was laid before the jury . The learned Recorder summed up on . whole case , and the jury returned a verdict of guilty , but recommended the prisoner to mercy on account of his youth . The Recorder postponed passing sentence upon him for the present . — : Thomas Brooks was charged with forging an order for the delivery of a cheque-book , and was also charged , in another indictment , with uttering a forged cheque for £ 5 8 s . He was found guilty on both charges . It . was stated that twenty-three cheques had been taken from the cheque-book , and made use of . The prisoner had been convicted before of obtaining a
chequebook by forgery . The Recorder said it was necessary to pass a severe sentence , and condemnea the prisoner to ten years' penal servitude . —On Monday , a woman , named Helen Luney , living at St . Helen ' s , was committed for trial on a coroner ' warrant , charged with the wilful murder of John Canary , a labourer , by striking him on the head yith a spade . At the Central Criminal Court on Thursday the Rev . H . J . Hatch , latel y , chaplain of the Wandswbrth House of Correctionwas indicted for indecent
, assaults on two little girls named Plummer , aged respectively 8 and 11 . The details were unfit for publication . A great number of gentlemen bore testimony to the high character of the prisoner for morality . He was , however , found guilty , and sentenced to two years' hard labour on each charge , the second period of two years to commence at the expiration of the first . The prisoner , with great excitement , declared that the children had told abominable lies .
On Tuesday the adjourned investigation into the alleged poisoning by sausages , in reference to the death of William Eaton , was resumed at Kmgsland . Some additional evidence was given by the manufacturer of the sausages , as to the source of tho meat from which thoy were made . It appears that the skins of sausages are sometimes prepared and preserved for a considerable time before being used , and tho coroner stated that ho understood arsenic was employed for this purpose , as it was found to be tho cheapest modo of doing it . In consequence , Dr . Letheby received instructions to analyse some of the skins . No confirmation of tho statement , however , was given by the analysis . As there was still one more point on which farther information was desired tho inquiry was once more adjourned , till Tuesday .
On Tuesday evening a ft-ightt ' ul accident occurred at tho Beddingham Gate crossing of tho London and South-Wostern Railway , about two miles from Lowes . A four-wheeled waggon with two inen , wa 9 allowed io go upon tho line , just as the express train was approaciilng ; tho consequonco was that both tho unfortunate men were instantaneously killed , aa well as tho horse , the waggon also being shivered to splinters . On Tuosday morning , while tho stoamor Eaglo was olT tho Arran shore , on hor passage from
Glasgow to Londonderry , sliooamo into collision Avith tho watorloggod timboi ' -ludon ship Pladda . Sho wns struck heavily abaft tho funnel , and sunk in a quartor of an hour . About twenty passougors and the sooond mate areboliaved to bo drownod . Thirtyfour persona , including tho oaptaiu and crow , wore saved by tho PlaUdu , and a tug . The stoamor had also 200 shoop on board , which wore drownod . Tho official inquiry into tho loss of tho Royal Charter ia now finished , and tho public will await tho report . Thoro is no doubt that tho statement that tho captain was intoxicated is a pure slandor .
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The Coukt . —Her Majesty and the Prince Consort , accompanied by the Prince and Princess Frederick William of Prussia , and the PrinceBS Alice , visited the" camp at Aldershott on Saturday , and returned to Windsor in the afternoon . The second of the dramatic performances took place on , Wednesday before her Majesty and the Prince Consort , the royal visitors , and a large number of the nobility . The theatre was erected in St . George ' s Hall . The play selected for the occasion and Julietand the charac
was Shakespeare ' s Romeo , - ters were sustained by Mr . Phelps and the-excellent company from Sadler ' s Wells Theatre . The Prince and Princess Frederick William of Prussia take leave of the Queen this day , and leave Windsoi for Prussia . The royal visitors will proceed by railway to Brussels , for the purpose of paying a visit to his Majesty the King of the Belgians . The royal family will leave Windsor Castle on Monday for the Isle of Wight , where the Court will remain until the 24 th inst ., and then return to Windsor .
Prorqgation of Parliament . — Tuesday ' s Gazette contains a proclamation by Her Majesty , proroguing Parliament from the 15 th of December to Tuesday the 24 th of January , on which day it will beholden for the despatch of " divers urgent and important affairs . " The Brunei- Testimonial . —An influential meeting of the friends and admirers of ; the late distinguished engineer , Mr . Brunei , was held on Saturday , the Earl of Shelburne presiding , when resolutions were passed , and a committee constituted to take steps for the erection of a public monument to commemorate the high sense universally entertained of his genius and professional attainments , as exemplified in his great national works and the worth of his private character . ¦ "' The Rev . Robert Maguire , —The church of St .
James ' s , Olerkenwell , was , on Sunday morning , unusually crowded , in consequence of the recent charge brought against the incumbent . The lessons having been read , " the rev . gentleman ascended the pulpip j his discourse occupied but a -short time . In the course of it Mr . Maguire remarked upon the large number of strange faces present on that occasion , and referred to the charge which had recently been made against him , his innocence with regard to which he strongly protested . He denied that he _ had offered £ 100 as compensation . He contended that he had been the victim of circumstances , and said that the only thing complained of by his friends was that he did not give the individual who struck him into custody .
_ , „__ The Norwich Scandal . — Something very like public indignation begins to show itself at Norwich , on account of the efforts made to stifle the inquiry into the political corruption that prevails in that city . No doubt appears to exist that the leaders ot the two parties are doing their best to get the affair hushed up , and those who look on are devising means to prevent such a calamity . A meetmg has already been held to protest against a compromise . Something , however , should be done by the Government in order to protect the administration of justice in Norwich .
St . GEOROE-iH-THE-KAST . —On Sunday evening there were not less than 2 , 000 people present , halt of whom , at least , were very young men and women , having the appearance of shop-boys and domestic servants . Some thirty or forty of the local divisional police were again on duty , under the < iir < Jc : / ° V * Mr . Superintendent Howe , inside and outside the church , but nothing occurred to call / of ^ exercise of their authority . At tho close of tho rector a Litany service in the afternoon , the Bev . Mr , Powder , one of the curates , who had conducted it , was _ folw * , i « Omft distance , on leaving tho church , by a to rentier
mob of people , whoso conduct was such as . nccossarV Aie ' intorferonoo of the po » oawhloh had the desired effect of dispersing the crow * . Atthe evening service most of tho people congregated in the chancel appeared to bo partisans of the clergy , judging from the lusty manner in which they took part in tl , e chanting , and honco tho « orvice proceeded only with such interruptions » s omanated irom those wSo ins sted upon " saying" rather than amging it an 1 from others who now and then expressed thoir ^ approval in a hiss , or in fits of coughing and jeorhig Yet , from tho marked attention they paid to thoeormon , which was proachod by the « ev . A H . Muckonochio , one of tho curates- ^ an atentlon , mdood , which nmy be said to have boon literal yox > tortod from an unsympathislng » nd thoughttjaa imiHiihue bv the alnffuliir oarnostness of the proaoher
and tho forvour and porsuos vonoss ot ttto «| PPew «« addrossod to thoir hearts and consciences—it may oe feionlbly bolted thoy returned bettor titan they came The lessons wore road from tho old -nishionod reading dosk-a concession to tho popular feeling whlsh tho congregation seemed to appreciate , ax the close of tho service , as Mr . Mackopooh o turned his face to tho oast , on the ascription of praleoto the
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GENERAL , HOME NEWS ,
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No . 506 . Dec , 3 , 1859 J THE LEADE 1 . 1315
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Citation
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Leader (1850-1860), Dec. 3, 1859, page 1315, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2323/page/7/
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