13 JULY 1850, Page 6

t4t Vrtruputil

The Court of Common Council held a meeting on Monday for transac- tion of business; and it being known that a motion of respectful tribute to the memory of Sir Robert Peel was on the paper, the Court was crowded with members, though the day was an unusual one. The motion was Mr. ' Wire's: it testified the deepest sorrow at the painful death of Sir Robert Peel; expressed admiration of his talents and administrative capacity, ap- preciation of his disinterested conduct and extraordinary sacrifices, and conviction that all Ins efforts were intended to lay wide and deep the foundations for the lasting prosperity, honour, and glory, of his native land : recording the Court's sense of the purity of Sir Robert's private character and his eminent domestic virtues, it tendered heartfelt and una- nimous sympathy to Lady Peel and the members of the family at their irreparable loss. Sir Peter Laurie seconded the motion ; singling out the same characteristic .for eulogy which was marked in the House of Peers ' by the Duke of Wellington—Sir Robert Peel's fervent love of truth. The resolution was carried unanimously. The Court of Common Council held a meeting on Monday for transac- tion of business; and it being known that a motion of respectful tribute to the memory of Sir Robert Peel was on the paper, the Court was crowded with members, though the day was an unusual one. The motion was Mr. ' Wire's: it testified the deepest sorrow at the painful death of Sir Robert Peel; expressed admiration of his talents and administrative capacity, ap- preciation of his disinterested conduct and extraordinary sacrifices, and conviction that all Ins efforts were intended to lay wide and deep the foundations for the lasting prosperity, honour, and glory, of his native land : recording the Court's sense of the purity of Sir Robert's private character and his eminent domestic virtues, it tendered heartfelt and una- nimous sympathy to Lady Peel and the members of the family at their irreparable loss. Sir Peter Laurie seconded the motion ; singling out the same characteristic .for eulogy which was marked in the House of Peers ' by the Duke of Wellington—Sir Robert Peel's fervent love of truth. The resolution was carried unanimously.

The 'Westminster Freehold Land Society, which was established on the 1st of August last year, already numbers 800 members holding 1,100 vote-giving shares, with a banker's balance of 2,9001. Li the Court. of Exchequer, on Monday,, Chief Baron Pollock 'delimited. the unanimous ,j_iment of the Court in the Gorham case, against the Bishop of Exeter. The Court entertains much doubt on the prehroinsigt point whether the case "touches the Clown"—whieh would lead to a de- elision against the Bishop; but they did not decide that matter formally, be- cause they felt satisfied on the whole law of the question, that the appeal ta the Committee ef Envy Council has been legally made under the statutes ef Henry the Eighth. 'On the whole, therefore," the Chief Baron concluded, "entertaining, as we do, no doubt upon the question before us, and con- curring with the other Courts of Westminster Hall, and, as far as we knove, with every Judge of all the Courts, we do not think that we should bejuati- fied in creating the delay and expense of further proceedings with a view to take the °puma af tb.. House of Lords ; and our judgment is that the rule be discharged, with costs."

The trial of Robert Pate, late Lieutenant in the Tenth Hussars, for striking the Queen on the face with a cane, took place at the Central Crimi- nal Court on Thursday, before Baron Alderson, Justice Patlison, and Justice Talfourd. The prisoner stood erectly in the dock with his hands behind him, and eyed the Court and spectators with cool indifference: he pleaded "Not guilty," with a clear firm. voice. Mr. Cockburn and Mr. Huddled= defended lam. For the Crown appeared the Attorney-General, and three other gentlemen. The proofs of the assault added no new point.; indeed, nearly at the outset Mr. Cockburn admitted the fact of the assault : the point raised by the plea was, therefore, whether or not the prisoner was of sane mind at the time of the act. To prove that he was MA, Mr. Cockburn called sixteen witnesses ; who deposed to the habitual. eccentricity and lunatic conduct of the prisoner, from about the year 1844 up to the present. time. Colonel Yandeleur, of the Tenth Hussars, proved that the prisoner's character totally changed in the year 1844, after the lose of three favourite horses by hydrophobia caused by the bite of a dog. He became subject to delusions—believed his stomach was full of bricks, and that the cook of the mess was conspiring with others to poison him : he was an exemplary officer till then, but -after that he forsook the mesa, became solitary, neglected his person and his 'duty, and at last left a military order half performed and went home to his father ; his father sent him back ; and, both from the kind _respect which was felt for his excellent nature and from allowance for his weak state of mind, lee was allowed to re- sume duty ; but ultimately a communication was sent to his father, adVisin his withdrawal from the regiment. He sold out for 1,800/. Captain Fri and Sir Thomas Munro gave confirmatory evidence; and some non-com- missioned officers and privates of the regiment. proved that the prison- er was loved by the men, but deemed by them "net right in hi's head." Dodman, a private of the. regiment, became his servant after he sold out ; and detailed to the Court various particulars of his strange mode of living, He was rigidly punctual in payments; he rose at seven, and bathed in water containing half a ,pint of whisky wherein an ounce of camphor had been dissolved, shouting vehemently and singing during the operation; he never received company, and always had his blinds drain down. He read the paper, and such books as the Nursery Rhymes. Punc- tually at a quarter past three he drove out in a cab. Lea, the cab-driver, stated that he attended every day, wet or d , sunshine, hail, or snow, fo; eighteen months, and drove the presence exactly the same drive over Putney Reath and Barnes Common; he always alighted at one particular spot, and ran through the furze to a distant point near a pond, where the cab went round and met him ; if it was wet he always expressed himself delighted with the mu; in winter it was always dark before the cab got there, and Lee was alarmed for him at first; but he never came to harm, though some- times he looked as if he had gone through the pond. In the cab he used sometimes to sit perfectly still, sometimes to bolt about in all direeti sweeping his cane as if repelling SR attack. He regularly paid a fare nine Alining., every shilling turned with the face up and looking one way; for the turnpikes there was always a sixpence and a large penny, which his servant had regularly to provide. Mr. James Starten, surgeon of Sevin. Row, had formerly noticed the prisoner in Kensington Gardens, and cautioned his wife not to attract his attention, as he was obviously a 'poerlunatio "—. " dangerous." Afterwards he casually became avail:sinted with the prisoner,and communicated with his father on his state of mind. Mr. Pate,,the pdsoner's. father, stated many facts preying that he had always felt that his son. inlet go into an asylum; but, under Dr. Connolly's advice, he hadpostponedfaking, measures, because in London his son had not been so bad as when fiat he left Ireland. The O'Gorman Mahon, M.P., avowed his belief that the pri- soner would be the lastanamin the world to do a dishonourable or disloyal act. Inspector Squire stated, that the Police have long observed the prisoner's-ac.. centric gait and wild geatures in the street ; he was known to them by the name of "Cut-and-thrust," from his mode of flourishing his cane as he mall, es along. The Reverend Charles Driscoll saw him on the afternoon of the a..sult on the Queen; he stood near Cambridge House for a short time,. and then started off in a more excited manner than usual to hum, so as to induce Mr. .Driscoll togiotice him more Dr. Connolly and Dr. Munro gave their ()tolls distinctly, that the prisoner is now means, not under any specific shin, and knowing right from wrong is conversation, but liable to act under sudden and uncontrollable impulses, which he may even, knew to be wrong. He knows that he did wrong, and regrets it ; but imams to have been under an impulse. which he was unable to control. SC is unfit,. for all the ordinary duties of life.


Baron Alderson, n summing %I, corrected a grievous delusion in the minds of medical men, that a man is =punishable because he is insane. The only insanity which exculpates is the special mam.y which prompts to the eat alleged. A man. with a delusion that another will kill him, may be eremite ted if under that delusion he kills in supposed self-delbnce ; but a man with a delusion that he has a glass head has no'similar excuse for such an act. Doubtless, abundance of eccentricity is here iproved ; but is eccentricity to excuse a man for striking the Queen? The impulse s no excuse if the pri- soner knew right from wrong : if a man knows that what he does is wrong, and still has an irresistible impulse to do it, the law will have an irresistible impulse to punish him for the act. There must be proof of a formed disease of the mind—a disease existing before the act was cemmitted, and one which makes the person incapable of knowing that the act he is about to do is wrong. Unless the Jury could say that the prisoner knew not right from wrong, they could not acquit him on the ground of insanity,

The Jury retired at twenty minutes past three; at five nunutes past seven they returned to court with a verdict of "Guilty."

blended—" It is quite clear that you are a person of very eceentaicetlalasuia Baron Alderson addressed the prisoner with pathos and severity in some degree differing from other men - and it is probable that it has pleaserl God to visit you with some mental afilietiont for which you use to be pitied. The offence you have committed, however, 3S one of a very serious and ime portant character. You have been found guilty of striking a WQ111331, which. for a soldier in very shocking." "Considering thestation:of your family- and your own position, the Court will not inflict the disgraceful punish- ment of whipping upon you. The Court has same respect for you, though you had no. respect for others. It willsfill, however, be.iei duty to pass sack a sentence upon you as will prevent you, at all events far a long period, Iran doing any further mischief. I would fain believe you /ere not in your right

senses at the time you committed this act Under all the °imam-

stanees, the sentence that .I feel it my duty to pronounce upon you is that yeA be transported beyond the seas for the texin of seven.yeare,

The prisoner heard the sentenee without a token of emotion; at its close he bowed tithe Court, and immediately turning round, retired to the gaol without a word, In the Court of Qiieen's ,Bench, on Saturday, ldr.Justice Pattison pro- nounced the judgment of the Court upon the application of Mr. Barber for leave to renew his certificate as a practising attorney.

Hr. Barber was indicted in 1841, 911 four separate charges of forgery. On one indictment he was acquitted, on another convicted ; it was unneces- sary" to try the others. He was transported for life, and was sent to Nor- folk Island; "where he underwent great hardship, which he bore with great fortitude." Subsequently he received a pardon from her Majesty, on condition of his not Returning to this country ; and on the 10th November 1848 be receited a pardon allowing his return to England. On applying for the renewal of his certificate, his application was resisted by the Law Society; it was referred to a blaster of the Court to inquire; a long, easeful, and entirely candid inquiry was made, and a report has been presented to the Court.

The Court is of opinion that Robins's case shows "false and underhand dealing " by Barber, but nothing essentially fraudulent, though it was cal- culated to strengthen the suspicion whieh the other cases ought to have ex- cited as to their nature. The case of Guest versus Reynolds, "if not a case of actual perjury, was one of very careless and reckless swearing. In that ease, Barber rustle an.affulavit of increase, and swore that he had paid cer- tain El1M13 to witnesses, although in point of fact he had not paid them, and had no sufficient reason for believing that they had been paid." However, Ber,be.,f's assertion that he Was not :guilty of fraud or wilful falsehood in that case is consistent with the facts." The circumstancee of Stidelf a case are not of themselves sufficient ground for refusing the certificaM. Stuart's case raises only suspicion against Barber, nothing wore; "but at the same time, this case was of such a nature as must have opened the eyes of a man like Barber to the true character ef Fletcher's deal- ings, and should have made him more careful in any future transac- tions with him." Burehard's case and Slack's case "involved circum- stances of strong suspicion, thou,* it does not appear that Barber derived any benefit from there beyond his usual professional charges." Barber was convicted on Slack's case ; and it is urged, that as he has reeeived a fall pardon on it, he must be replaced in the same position as if not found guilty. The opinion orthe Secretary of State in favour of Barber's innocence is en- titled to great weight, but -the verdict of the Jury was not found fault with, and the Secretary of State "had not the assistance of counsel to argue the ease before him, nor had be all the inforniation which was now before this Court" : considering the whole circumstances, the Court would find it difficult to come to any other conclusion than that come to by the Jury. "In Bur- chard's and Hunt's cases, frauds of the highest criminality had been perpe- trated through Barber's agency ; and he,must have been an agent either di- rectly cognizant of .the frauds, or wilfully blind,.or blind unconsciously. Bar- ber says the last was the case, and that be relied on the respectability and plausibility of Fletcher. But the transactions themselves were of so doubtful a character as to be suggestive of fraud : it is therefore difficult to believe that he was wholly free from doubt and suspicion, when there were so many circumstances which were calculated to raise them. On the whole, there is reason to believe that if lie was not directly cognizant of the frauds, he was wilfully blind, and did not choose to inquire iirto the real character of the transactions."

Endeavouring to make all reasonable allowances for the difficulties in which Mr. Barber was placed in explaining his conduct, the Court regretted to-say that it could not but see such proofs of complicity with Fletcher as rendered it an imperative duty to decline complying with the application for the renewal of his certificate to practise as an attorney of this court. The rule "Mai" obtained on behalf of Mr. Barber must therefore be discharged

In the bankruptey ease of Jardine, who was actuary of the Dartford Sa: vings-Bank, Mr. Commas' loner Holroyd has given judgment against the claim of the trustees of the bank to be paid in full out of the bankrupt's as- sets his bank defideations, amounting to 2,200/. The rules of the bank gave no authority to the actuary to receive money as &teary ; and his receipts had been merely receipts on commission, as agent for the individual members of the Committee. If the reanngics or committee-men had wished to be free from restmnsibility, they should have been cautious how they relaxed the rules rendering their own atMinbince obligatory. Mr. Holroyd could not therefore make an order for payment of the claim in full. But as the trustees desired to appeal, he would stay the dividend till they should have had time to do so.

At the Central Criminal Court, on Tuesday„ Bayley and Lawler were tried for conspiring, with other persons not in custody, to cheat Thomas Bland of M. Bland is a butcher, the prisoners "skittle sharpers." They got into conversation with Bland- at a public-house, and induced-him to go to a skittle- ground; there Lawler and Bayley-played for money ; Bayley appeared to be very drunk ; he seemed unacquamted with the game, and lost every bet. Eventually, Bland was inveigled into betting against this drunken novice ; Bayley then began to improve astonishingly, and won from the butcher. But Bland was not undeceived; and when the money he had about him was gone, he actually- went to a friend and borrowed or to bet again. The up- shot was, that the prisoners and their accomplices got possession of the large sum,first mentioned. Verdict, "Guilty."

Ann Maria Tolfrey, the wife of a soldier, but separated from him, was tried for obtaining Money by false pretences. She induced William Henry Richardson to give liar at various times sums amounting to 351., pretending that by her influence with Lord Alfred Paget she would gethim alma in the Home Office. Lord Alfred Pagekproved that he knew nothing of the woman. She was found guilty. A Policeman, stated that he had been carrying on similar frauds for years. Sentence, eighteen months' imprisonment.

On Wednesday, Henry Page and, ED3X1111 Clarke the persons charged with hiving married together, though both were already in a state of wedlock to ether partners, were.successively put on their trial for bigamy. The woman was examined in the first case, and swore that she was not married to Page : it was alleged that they were married atAll,Sainte, Poplar; but the evidence did not establish the identity of the parties, in opposition to the woman's oath: her former statement that they were married at that church was made when she was ill in bed. Page was acquitted. Clark was then tried, with a like result.

Walter Watts was brought up to receive sentence; but the Attorney- General interposed on the part of the prosecution: there were three other indictments against the prisoner, and the Attorney-General wished the Court to read the depositions in those cases before pronouncing judgment. RiS object in making this application was that the public time might be saved, because in one event he might feel himself compelled to proceed with some of the other mem Mr. Baron Aklerson assented, and postponed the sentence.

At the Mansionhouse, on Saturday, Mr. John Murdoch, of King William Street., was summoned by Henry John Johnson for violation of contract. The defendant was the charterer of the Justine emigration-ship ; he received

51. 17a. 6d. of Johnson as part of the money to Natal, undertaking that the ship should sail from London on the let of July ; but when John- son offered to pay the balance of the passage-money on the 1st, Mr. Murdoch told him the would not sail till the 18th, and refused to give him an embarkation-order. No other passage was offered, and Johnson was told that bermust do the best he could till the vessel sailed. Mr. Murdoch raised technical objections; but Alderman Gibbs overruled them. He then said, that a passage was open for the complainant on the 21st, and he would pay him the legal " submstenee-money" of a shilling a day till that time. Al- derman Gibbs held that he had broken his contract ; he was bound to sail at the time specified, or provide another ship within forty.eight hours : the penalty, as compensation, was any sum not exceeding 10/. The complainant admitted that he was now unwilling to go in the Justine at all : he had been advised by the Emigration Commissioners not to go. Alderman Gibbs took this fact into consideration, and decided that Mr. Murdoch should pay 2/, only as compensation, and return the passage-money. This was immediately done.

The anonymous "determined Chartist" was reexamined, at Guildhall Police Office, on Wednesday. Mr. Malibu, the Solicitor of the Home Office, attended, and requested, on the part of the Home Seeretary, that the Alder- man would deal summarily with the case, by binding the prisoner to keep the peace, as he appeared to be a dangerous character, probably de The prisoner behaved with great levity ; he cross-examined the witnesses, but elicited nothing in his own favour. Ho was dissatisfied that he was not to go before a jury. " I have expected all through going before a jury, as I prefer having twelve men to decide in my case. I think, if I could get before a jury, I could make at least one out of the twelve obstinate enough to hold out in my favour." He made a speech in defence, pretending that the witnesses were more guilty than he. He thought they were Chartists, and considered they would not object to risking their lives in such a " laudable cause." "li la quite true that I would think us little of killing five hundred persons in a squabble asI would of killing a fly, but I could not have the con- science to kill any one in cold blood. Although my scheme threatens the lives of a large portion of the aristocracy, still my object was to protect that class. Having had communication with several members of the aristocracy, I have been enabled to ascertain that their rent-rolls are so encumbered with mortgages that their property would soon all be swallowed up by the lawyers, and the aristocracy of England sink into obscurity. It was therefore from a feeling of pity that I thought, if one half of that class were despatched on their in- fernal journey, it would have the effect of saving the other half, inasmuch as it would take away all the present owners and leave the reversioners in undisputed possession of the property, and thereby strengthen the remaining portion of the aristocracy:" Alderman &demons stopped the exhibition- " You are one of three things, insane, mischievous, or a person seeking for notoriety ; I believe you are the two latter." The prisoner was ordered to find bail, and was removed in custody.

At Westminster Police Office, on Tuesday, Eliza Hedlund, a woman with half-a-dozen other names, a notorious impostor, was charged with endeavour- ing to obtain money from Prince Albert by false pretences. The accused is forty years of age, and of dissipated appearance. Colonel l'hipps, Prince Al- bert's Treasurer, stated that all applications for alms to his Royal Highness were referred to him; he was instructed to relieve the deserving, but always to make strict inquiries : in the_present case, this caution led to the woman's detection. She wrote to the Prince as "H. A. Purkiss" ; setting forth that she had a child suffering from a disease of the spine, for which sea- bathing was ordered ; but she had no money, and she begged for 51. The petition writer urged her tition on the score that she had been wet-nurse to the Princess Alice Maud. The fact was, that the name of that woman was "Perkins," not " Purkies." Before the Magistrate, the prisoner pretended that she had written the letter for another person, not for herself. She was remanded, as another case of fraud, attempted on the Marchioness of Lon- donderry, is to be brought against her.

At Southwark Police Office, on Monday, a young man of respectable ap- pearance, who pertinaciously refused to state his name or address, was

charged with uttering a forged check for 250/., with intent to defraud the London and Westminster Bank. Mr. George Davis, a woolatapler, who is in partnership with his son, has an account with the Southwark branch of the bank ; on Saturday, the accused presented a cheek for 2501" purporting to be drawn by Mr. Davis; but the signature was so unlike Mr. Davis's usual writing, that the clerk refused to cash it; he wrote on it "signatures differ," and returned it to the prisoner. On Monday morning, the prisoner again appeared at the bank, and handed in a letter ; this was dated from Brixton, and purported to be written by Mr. Davis's son : it pretended to explain the unusual appearance of the signature to the check, by stating that Mr. Davis senior had met with a dreadful accident—a bale of wool had fallen upon him, breaking three ribs and a thigh ;. at the time the letter was written the suf- ferer was dying, but had managed to sign another check for 2501., as bills were due that day ; of course, young Mr. Davis could not leave his father's bedside to come to the bank himself. The manager suspected that all this was fraudulent, and the young man was given into custody. Among the witnesses against him was Mr. Davis; who stated that both letter and cheek were forged, and that he had no knowledge of the prisoner. A remand was at once granted, that inquiries might be made about the accused, to discover who be is.

The prisoner was brought up again on Wednesday. It had been discovered who he is. His name is William Thema; he was, fonnerly clerk to Messrs. Gooch and Cousens, of London Wall ; he lived at WhitechapeL A munber of papers were found at his lodgings' - some it is said, showing tluit he had committed a forgery on Messrs. Gooch and Coarsens; the forged cheek he tendered on Saturday was also found, and other writings of a criminating nature. Thema still declined to utter his name, or offer any defence; and he was committed for trial.

At Bow Street Police Office, on Saturday, George Turner, a middle-aged man who looked like a bricklayer, was charged with divers frauds. In March and April last, he went to several houses in the North of London, and said he had been sent by the Commissioners of Sewers to examine the drainage; he inspected the pipes and drains, and stated that certain repairs were needed; but as the materials must be paid for before the Commissioners would issue them, he demanded a sum of money from the tenant. In one case he got 3s., in another 2e. 6d., and in a third 7s. 6d. Of coarse, the people never saw him agnin till he was arrested. In one ease he exhibited a badge of the office of sewers ; but he was not in any way connected with the office. Re- manded.

At Worship Street Police Office, on Monday, George Frederick Masterman, apprentice and assistant to Mr. Finer, a surgeon in the Kingsland Road, was charged with attempting to strangle his master. Mr. Finer was too ill to attend; but several other persons were examined. On Sunday afternoon, a. cry of "Murder !" was heard from the prisoner's bedroom, and Mr. Finer :tapered out of the chamber quite black in the face, bis MCC was bleeding, he had a silk handkerchief twisted tightly round his throat and tied in two or three knots, which he was endeavouring to untie. A servant removed the handkerchief, but not before Mr. Finer had fallen senseless on the floor. Masterxnan saw him in that state, but tendered no assistance. A surgeon WU obtained, and Mr. Finer ultimately recovered consciousness. Masterman was arrested at his brother's in Heaton; he said to the Policeman that his master "struck him first." The young man handed something to his brother; the officer seized it, and found/that it was a bottle of prussic acid. A letter was found on the prisoner, apparently intended for his father' in which he stated that he had been struck first, and had then assailed his master in self-defence. The note concluded with the words, "I ask pardon of God, and swear that this is the whole truth." Before the Magistrate, the accused offered no defence ; and he was remanded for a week.

"Two young gentlemen," Horace Pyne, of Norfolk Crescent, Hyde Park, and Alfred Elwyn, son of a barrister and a Middlesex Magistrate, were charged at Marylebone Police Court with gratuitously insulting and then severely assaulting Mr. Gardner, of Carlisle Street, Portman Market. They beat Mr. Gardner over the head with a stick and struck him in the face with their fists. It was proved that they were both drunk. They were fined 24. lat. each.

A boy, fourteen or fifteen years old, committed suicide, by leaping into the river from London Bridge, on Sunday at noon. A number of boats put off but nothing was seen of the body : it is supposed that the boy's head struck on a pier. It was subsequently ascertained that his name was Jewell ; he lived at B.ateliff ; and his parents think he left home on purpose to destroy himself.

Ilford toll-house was destroyed by an explosion of gas on Sunday night, and five persons were seriously hurt ; four were conveyed to the London Hospital, and the fifth was not expected to survive.