13 AUGUST 1853, Page 7

the puriurro.

The Cambridge Commission terminated its investigations on Saturday. Sir Fitzroy Kelly was the last witness examined. He denied having authorized or known of any improper proceedings at his elections in 1843 and 1845 ; and stated that he had only just learned that Dr. Bartlett came into possession of 1000/. to be improperly used in the former election. Sir Fitzroy had paid 8001. or 9001. Bartlett was not authorized to act as an agent. He had told the members of his committee at both elections that he should hold any one among them as his worst enemy who did anything of an illegal character. He had paid about 8001. for his election in 1845, and had since been applied to for more by the late Mr. Brown of the Cambridge Chronicle. Besides this, another demand was made on him for 800/. Pressed by the Committee for the name of the person who wrote for it, ho hesitated a long time, but at length admitted that it was Mr. Christopher Pemberton. Mr. Willmore, the Chief Commissioner, stated that Mr. Coppock had handed in a paper to show that the counsel of Sir Fitzroy were prepared to prove that his expenses in 1843 amounted to no more than 500/. Sir Fitzroy accounted for that by saying, that 500/. was the sum he agreed to contribute, but he expended 300/. afterwards. lie thought it was due to himself and Mr. Coppock that the way in which Mr. Coppock got those papers should be explained. " I believe the paper to be a brief drawn in my behalf in 1843, at the time of the petition, and placed in the hands of Mr. Cockburn, now Sir Alexander Cockburn and Attorney-General, and which was lost from the Committee- room table on the third day of the sitting. How it came into the possession of Mr. Coppock, the solicitor employed against me—how a solicitor could conic into possession of his opponent's brief, and not immediately return it to its proper owner—must be explained hereafter ; but, as the brief is un- Mr. Holme, the Mayor of Liverpool, invited the merchants and mem- bers of the various mercantile associations in the town to meet Lieute- nant Maury, of the United States Navy, and superintendent of the Ob- servatory at Washington. Lieutenant Maury explained his system now at work in the United States, for obtaining full and accurate information regarding winds and currents, and thus for the furtherance and improve- ment of navigation. He also stated that he was on his way, as a repre- sentative of the United States, to Brussels, where a Maritime Congress assembles on the 23d instant. The gentlemen present agreed to a resolu- tion urging the British Government to participate in the Brussels Congress.

The "first sod" of the Direct Portsmouth Railway was "turned" on Saturday, by Mr. Bonham Carter. This railway will commence from the South-western line at Godalming, and run thence through a district unprovided with a railway, to Portsmouth. A short branch will connect it with the South-eastern line - and thus there will be two London ter- mini—at Waterloo Road and London Bridge. This new line will lessen the distance between London and Portsmouth by twenty-two miles. Saturday's ceremony took place at Buriton, near Petersfield, with the usual speaking and collation. doubtedly my property, I trust you will not think it unbecoming in me to ask that you will deliver it into no other hands but mine, when the objecta of the commission shall be accomplished." The Commissioner, however, declined to give it up ; and Sir Fitzroy said it was a strange proceeding, that a person pretending to the character of a gentleman, and a professional man, should be in possession of such a document without instantly returning it to its proper owner.

A controversy has long been going on respecting the income of the Bishop of Durham ; who, it has been alleged, has kept back more than be ought from the hands of the Ecclesiastical Commissioners. In a charge wbch he delivered to his clergy on Tuesday, Dr. Maltby made an especial reference to this subject, and presented a defence of himself. He states, that when he was appointed to the see of Durham, he was ex- pected to acquiesce in the arrangements of the Ecclesiastical Commis- sionersand it was decided that he should give up certain estates, in Yorkshire yielding 1800/. a year, and pay 11,2001. a year for the pur- poses of the Commission. But railways having given an impulse to enterprise and speculation, a surplus of 80001. was created; and he says, " I was as much at liberty to dispose of this surplus as of any other por- tion of my income." But he denies that he did dispose of it in "sordid sceumulation, as has been uncharitably represented." On the contrary, he has devoted much of his income to the building of schools and par- sonage-houses, and in assistance to public objects, and ill-endowed clergy- men. He has placed in the hands of the Ecclesiastical Commissioners sums varying from 20001. to 40001. a year, to be employed at their dis- cretion. These sums they have "handsomely" called "The Maltby Yund." The result of the different payments is as follows—To the Ec- clesiastical Commissioners, up to this year, 190,4001.; the produce of -the . Yorkshire estates, 31,500/. ; total, 221,000/. Voluntary payments up to the 1st August, 14,5001.; sums paid for works of charity, piety, and general usefulness, by Mr. Gresley and the Bishop, 55,3871. Os. 2d.; total, 69,8871. 6s. 2d. " This portion of my accounts," says the Bishop, "could not be made up to a very late date ; but I have no doubt it will be found that I have expended above 70,000/. in pious and charitable uses, and not, as has been said, for my own selfish ends." Such is his defence.

Happily, all hands—some 18,000 or 20,000—have resumed work at Stockport, at the 10 per cent advance which they desired. The men of one firm at Manchester made an extravagant demand last week ; all the employers were aroused at the perilous and foolish attempt ; but on Sa- turday the men themselves dispelled the cloud by returning to work at the old prices. The Leeds masters have been compelled to give the joiners not only an increase of pay but an extra hour on Saturday. The Police of the town ask for 2s. a week. The demand for labour is so great that it is expected there will be more " strikes " for higher wages. The wea- vers of Kidderminster still remain "out." Machinery is about to super- 'Bede some of their labour, and one firm have taken premises at Broms- grove to commence carpet-weaving.

There is a movement among the pitmen of the Wear and Tyne for an increase of pay. At a meeting held at Black Fell, in the Durham coal- field, there was a good deal of speaking on another point—the inspection of mines. It seems that Lord Palmerston has promised to a deputation from the_men that more inspectors shall be appointed. One speaker complained that a certain inspector sends two or three days' notice of an intended visit to a colliery ; which enables the owners to get everything in order for the occasion, and to provide " a suitable entertainment " for Mr. Inspector.

It is expected that the firemen at the Dowlais works will consent to work at the old wages ; but the colliers will leave the place—in fact, numbers have already gone. The Magistrates have given a decision which will affect claims amounting to 10001. A collier demanded wages due to him ; it was objected that he had forfeited the wages by quitting work without notice : he replied that he was hired to cut coal by the ton but it was shown that a public notice had been issued that all the work- men must give a month's warning : the Magistrates dismissed the case. The last accounts state that a number of the Dowlais men have resumed their labour. At some of the Welsh iron-works a notice of reduction of wages has been given to the workpeople.

The Gloucester Assizes have been distinguished by a trial of the most ex- traordinary character, ending in the disclosure of a gigantic conspiracy, sup- ported by forgery and brazenfaced falsehood. The ease was tried before W. Justice Coleridge and a Special Jury, and occupied the first three days of the present week.

A man, who called himself "Richard Smyth," brought an action for ejectment against the successor of the late Sir Hugh Smyth of Ashton Hall, near Bristol. He claimed to be the son of Sir Hugh, and the heir of all his Property. This claim was sustained by a set of documents, elaborately pre- pared, alleged family jewels, and what looks very like perjury. Sir Fitzroy Kelly and Mr. Keating were engaged for the plaintiff, but they did not ap- pear, and Mr. 'Neill, Mr. Dowdeswell, and Mr. Phipson appeared instead • the Frederick Thesiger, Mr. Crowder, Mr. Alexander, Mr. Taprell, and Mr. (tray, for the defendant.

In opening the case, Mr. Bovill made a statement which comprised a story

to the following effect. The plaintiff was the son of Sir Hugh and a M1158 Jane Vanderbergh, whom the deceased married in Ireland, in 1796. A

family Bible with the entry of the marriage was put in, signed by Dr.

Lovett, the Vicar of-Lismore, Hugh Smyth, Jane Vanderbergh, Caroline Ber- nard, John S. Vanderbergb, and Coma Lovett. Of this marriage the

plantiff was born, at Bath ; and in the same Bible an entry of his baptism was found. The boy was consigned to the care of Lydia Reed, and brought up in the house of a carpenter named Provis, at Warminster in Wiltshire. He was educated at Winchester, and subsequently went abroad. In 1814, a man named Grace Sir Hugh's butler, represented that the boy was dead; but in 1822, Sir Grace, having reason to believe that this statement was false, executed a paper acknowledging the'boy to be his son. The document was put in, and purported to be signed by Sir Hugh Smyth, his brother John Smyth, James Abbott,. William Dobbeon, and William Edward& It virtually contained a resume of the plaintiff's story. A deed was executed in 1823, signed by the same persons, except John Smyth, Sir Hugh's brother, whom he constituted his sole executor, confident that he would do his lost son justice. These two documents were found, the former in the possession of Lydia Reed's family, the latter in that of an attorney's clerk. The plain- tiff supported himself on the Continent unti11826, when he returned to Eng- land, and gained his living by lecturing in schools. In 1849, he became convinced that be was the son of Sir Hugh Smyth ; and accordingly he in- troduced himself to John Smyth, then Sir John Smyth, his uncle, and dis- closed his relationship. Sir John seemed greatly agitated, and next morn- ing he was fotild (Teter% his bed.

In support of this story various witnesses were called. The Reverend. George Turner Seymour deposed that some of the signatures were Sir Hughes, some doubtful. Mr. Holland Kingston of Bandon recognized the signature of Dr. Lovett as soon as he saw it. Captain Smyth Bernard, son of the first Lady Bandon—the "Caroline" of the marriage-entry on the Bible—deposed that his grandmother's name was Hesther, and that of his mother, the first Lady Bandon, "Catherine Henrietta." He also deposed that there never was a Caroline Bernard in his family. But John Byrnes, who had been taken out of a workhouse to give evidence, and Ann Byrnes, the son and granddaughter of the clergyman alleged to have baptized the plaintiff, spoke to his hand- writing in the entry of baptism. The Honourable Caroline Courtenay Boyle, said, that "Isabella Thynne," the name of the other witness to the baptism; was in the handwriting of that lady ; and Rich, a clerk at Druniniond't

bank, said the signature was so like that he would have paid a oheek petit rented with such a signature. Mrs. Grace, the widow of Grace-the butleril

had never heard her husband speak of the plaintiff. Several witnesses spoke to the signature of "John Smyth" and "James Abbott." One of the wits.: nesses, however, shuffled so that the Judge said he had a great mind to coin-. mit him. There was some doubt and contradiction as to the signaturec " William Dobbeen" and " William Edwards" : the " Dobbsonr having two bs, made it doubtful in the opinion of his relatives. [A seal having the Smyth motto was here handed to the Judge : the motto of the Smyth family is " Qui capit capitur"' the motto on this seal was " Qui eapigeapiter." The

Judge looked at the seal and smiled.] -

The only other witness was "Sir Richard Hugh Smyth," the pretender himself; a man of middle size, sallow complexion, iron-grey hair carefully combed, scanty whiskers, and the manner of a practised lecturer.' He gaze his evidence at great length, supporting the story we have sketched by minute details ; mentioning a host of names of persons with whomhe had, been, con- nected, and relating how he became possessed of the documentary evidence in support of his claim, and the jewels. He said that old Prone, with whom he had been brought up, gave him, after much entreaty and some violence, the Bible and some jewellery. [A new-looking morocco case was here ex- hibited, containing a miniature portrait which;Ake . plentiff supposed was • that of his mother, four gold rings, and two brocates. One.ring,was marked with the initials, "J. B.," suggested to be those of "James Bernard." A brooch was marked with the words "Jane Gookin" at length.] He obtained these evidences in 1838, and from that time he had made inquiries. He told how he had called on several solicitors, who demanded a bond for costs before they would take up the case ; but at length he was introduced by Mr. Cayley Shadwell to Mr. Catlin of Lincoln's Inn Fields, Ind that gentleman took up the case. He accounted for the possession of one of the deeds, that of 1824 by saying that it came to him from London by railway ; thatof 1822 he declared he had not seen until that day. A portrait of Sir Hugh, he said, he got from Provis. Under a searching cross-examination by Sir Frederick Thesiger, "Sir Richard Smyth" was terribly bewildered. Several times he contradicted himself; statements he had made in letters previously written were by his own confession full of falsehoods. It was shown that he, the lecturer on education, spelled very badly ; but he accounted for his own peculiarities of orthography by variations in the dictionaries: " set aside " he spelled sett asside ; rapid," rappid ; " scrutiny," acretstency ; and the name of Mr. Knox, son of Lord Ranfurley, was Nox. Finally, he utterly broke down in attempting again to account for the possession of the deeds. He had declared that he received one document on the seventeenth of March, and that front the seal on that document he ordered a seal- to be engraved : but it was shown that he had ordered the seal at least as early as the thirteenth of March. Not only this, but with another seal, alleged to have been taken from that on the document of 1823, which carried the motto " Qui cipit capitor," and which was received by the plaintiff, as he said, on the 7th of June, he had actually sealed a letter on the 13th of March. Another dis- covery was here made. A jeweller in Oxford Street, who had read the report of the commencement of the trial in the Times, sent a telegraphic mes-. sage to Sir Frederick Thesiger at Gloucester, and from that message Sir Frederick put a question.

Sir F. Thesiger—" Did you on the 19th of January last apply to a person at 361 Oxford Street, to engrave the ring with the Bandon crest, and the brooch with the words Jane Gookin ?'" Plaintiff—" Yes, I did." [The ring and brooch were produced, and he admitted these were the articles. At this admission there was an expression of surprise in the court, as scarcely any one expected that he would frankly admit the fact, he had fenced so continually_with every preceding question. But at this stage of the case he appeared cowed and crest-fallen, and, as they would say in the riag, "dead beat."] Sir F. Thesiger—" You said yesterday, that for eighteen months you were in the house of Dr. Williams, in Parliament Street, during the years 1818 and 1819, suffering from illness ?" Plaintiff—" I did not say Dr. Williams." Sir F. Thesiger—"Now were you not during those eighteen months in Behester Gaol, under a conviction for horse-stealing ? " Plaintiff—" No; I was not." Sir F. Thesiger—" Were you not sentenced to death, under the name of Thomas Provis, for stealing a gelding, the goods and chattels of George 110- den • and was not your sentence commuted to eighteen months' imprison- work in consideration of your youth ?" Plaintiff—" It was not I; it must be some other person."

Sir F. Thesiger—"Have you got the marks of the evil OIL your neck, and also on your right hand ?"

The witness hesitated, and at last bared neck and hand, and there the marks were apparent. Those on the right hand were the marks he said yes-

*relay were inflicted in childbirth, and which he represented in the deed as the indelible marks of identity in the Smyth family.

Sir F. Thesiger—" You mentioned in one of your letters that you were at Colonel Hadden's on a visit?" Plaintiff—" I do not remember the name." Sir F. Theeiger—" Was his name George Hadden ?" Plaintiff—" I do not know."

Here Sir F.-Thesiger pointed attention to the fact that the motto on the deed of 1823 was " Qui capit capitor." The cross-examination was continued a brief space further ; when the Judge spoke to Mr. Bevil' ; and that gentleman, rising, said that after the most appalling exhibition which had been made, he and his brethren would not continue the contest any longer. In this the Judge and Sir Frederick Thesiger concurred, highly praising Mr. Bovill for his general conduct. The, plaintiff was ordered into custody on a charge of perjury. It seemed the general opinion of the court, that the solicitors and all who had spoken to the handwriting had acted honestly.

Smyth has been committed for trial, by a Gloucestershire Police Magis- trate, for forgery. The seal-engravers, Moring and Cocks, proved that the seals applied to the documents had been ordered of them. It happens, too, that one of the seals was engraved by a process which has only been invented within these few years.

At the same Assizes, Mr. Foxall, manager of Cinderford colliery, sued Mr. Barnett, one of the Coroners for the county of Gloucester, to recover damages for a false imprisonment. A man fell out of a. cart near Cinder- ford, and was killed ; a Coroner's Jury—under what circumstances does not appear—returned a verdict of " Manslaughter " against Mr. Foxall ; who was committed to prison. After eleven days' incarceration he regained his liberty, the inquisition having been quashed as illegal : the inn where the inquest was held was not in the county • the jurors were not qualified to '

act - and the Coroner did not view the body. The Jury gave 251. damages for the imprisonment, and 711. for flaw expenses incurred by Mr. Fossil. The Judge reserved an objection to the admission of some of the evidence.

At Croydon, Norris, formerly valet to the Honourable Mr. Liddell, brought an action against that gentleman for false imprisonment, malicious prosecu- tion, and libel. A robbery occurred at Ravensworth Castle; Norris was arrested, but subsequently liberated; Mr. Liddell wrote to a certain person that he had discharged Norris on account of his having been implicated in the robbery—this letter was the libel. The case for the defence was, that the Police were answerable for the man's arrest, which circumstances justified, by his own unaccountable movements and spontaneous prevarications. The Jury found for the defendant on the first two counts, but gave Norris 451. damages for the libel, asserting as facts things which had not been proved.

At Devizes, Thomas Simmonds was convicted of the manslaughter of his wife. At a haymaking supper near Wootton Basset, the prisoner drank freely ; on their way home, he beat his wife, and threw her into a canal; but she was pulled out by other persons. At home, he again attacked the poor woman, who was very far advanced in pregnancy : by a blow or a kick he ruptured a large blood-vessel, and his victim bled to death. Mr. Justice Talfourd pronounced this "the most aggravated case of manslaughter he had ever known." Sentence, twenty years transportation.

At Lancaster Assizes, Richard Pedder, a rough-looking man of fifty, has been convicted of murdering his wife. The woman died from a gun-shot wound in the face ; and the prisoner himself said, "I've killed our Bet." The Jury recommended the culprit to mercy, but did not seem able clearly to express theit reason for doing it : the motive for the murder was certainly unaccountable from the evidence adduced.

At the recent Ashenden Petty-Sessions there was not a single case for hearing, and the company consisted of three Magistrates, their clerk, and a reporter only. A maiden session at Ashenden is an evidence of the im- poved state of things in that division of Buckinghamshire. A few years since, when the Duke of Buckingham rigidly preserved game on the Wotton estate, of which Ashenden forms a portion, there were frequently as many as a dozen game-law charges to dispose of, and also a number of other cases.

A boy of fourteen has been murdered in a field at South Minims. A keeper of Mr. F. Greville's seized, after a struggle, a foreigner who was prowling about the land, and who muttered something of his having " murdered his comrade." On subsequent search, the body of a boy, the son of Mr. Greville's shepherd, was found in a barley-field ; the body was mutilated, and the head appeared to have been beaten in with a bludgeon. The boy seems to have been watching ; his gun was by his side. It turned. out that the prisoner is a Spaniard; he calls himself Miguel Esechiero; from articles found near the body, evidently left by the Spaniard, it is in- ferred that he was the robber who had recently broken into several houses in the neighbourhood. He said that the boy struck him with the gun, and then the Spaniard bea him in self-defence. A Coroner's Jury pronounced a verdict of " Wilful murder" against the prisoner.

The Reverend George St. John, a resident at Worcester, has been "ga- rotted " and robbed in the city, close to his own door, at eleven o'clock at night, as he was returning home. A female servant heard a noise, and looked from a window ; she saw two men bending over another who was on the pavement ; she took them for a drunken party : the man on the ground was her master.

Three men have been committed for trial by the Manchester Magistrates for the attack on Mr. Crompton at Pendleton. That gentleman had suf- ficiently recovered to be able to attend and give evidence on Monday.

A poor old woman at Middlesborough asked a person to lend her some money ; which the other declined to do. After this, two of the children of that person were ill of a prevalent disease, and wasted away. A report was spread abroad that the old woman, as a revenge, had " bewitched " the children. A mob assembled before her door, exhorting each other to "Pull her out!" " Burn her !" and so on. Fortunately, some Policemen arrived from Stockton, and six or seven of the rioters were apprehended.