d?

not clear enough, that in their case, as also in
ase of our ambassadors, there ought to be some
18 by which such an education might be im-
other class of persons in this country requiring
education is also to be found amongst other
es of our CIVIL SERVANTS. Thus I find that
3 of the House of Lords, in case they are ignorant
afraid to pass an examination in, English His-
must prove to the satisfaction of some one (it
not appear whom) that they have the power of
ing up legal instruments or clauses in a Bill-a
r which, it may be remarked in passing, does
Iways appear to belong to the noble lords them-
3. So in the Colonial-oflice, the elements of
itutional and international law are one of the
cts of examination for a clerkship. Committee
3 of the House of Commons have to pass an
ination in the elements of the law of evidence.
situation in the Metropolitan Police Court, a
date must (if he be a certificated attorney, but
ge to say, it appears not otherwise) pass an
ination in criminal law. Something is expected
a clerk in the Solicitor's-office, either in the
d Revenue, the Post-office, or the Treasury,
than could be found in some judges at West-
er-hall, or than ever will be found, until that
nium shall arrive when common law and equity
cease their bickerings, and Westminster-hall
incoln's-inn embrace in token of eternal amity.
ourse of subjects for these clerks embraces the
t domains of law; it takes in the general prin-
both of equity and common law, and, to all
rance, the whole of conveyancing, including of
e its minute details. The same remarks apply
as in the former cases to which I have referred;
I shall therefore not repeat them.
lia and our wide colonial empire (even excluding
da and Australia, as for this purpose we may)
nt a very wide field for observation, in reference
e subject now more immediately under conside-
n. Want of time, however, prevents me doing
bing more than asking your attention for a
ent to the necessity of providing for the special
ation of men who desire to qualify themselves

EUDICIAL OR MAGISTERIAL EMPLOYMENT IN OUR
NIES.

present, English lawyers (to whom, as a rule, an hardly attribute more than a knowledge of own law) administer judicially-without any ious special training-very different systems of in our various colonies. In British Guiana, the 3 of Good Hope, Natal, and also in Ceylon, they inister Roman Dutch law. In the Mauritius, I ave, the Code Civil is of more authority than ekstone or Viner. In Trinidad the laws are nish in their origin. In St. Lucia the law comes the coutume of Paris. Some of these systems now in force by virtue of special treaty. For ince, upon the surrender of Demerara and Berthe articles of capitulation expressly stipulated the laws and usages of these colonies should rea in force. We interpret the agreement by sendout judges, familiar only with English law, to inister what is known as the Roman Dutch law species of compound, as its name imports, between Roman civil law and the colonial edicts and orinces which emanated from the supreme authority Holland. (a)

broughout the vast continent of British India, by ancient and elaborate systems of law are adistered by Englishmen, who never had the adtage of any kind of legal education, and have no uaintance with the principles even of their own In India, in addition to the laws enacted by Governor-General, there is the Hindu law, emaing from various sources, interpreted by different ools of native lawyers, and written in a great nber of Hindu law-books. Then, there is the hamedan law, of which I may say the same ng; and there are the laws peculiar to the Par8, Portuguese, Armenians, and the other nations India. The Indian Law Commissioners of 1853 ommended that the anomaly of the administration law, and of such law, by men who were not Fyers, should be put an end to, and that in future rristers of five years' standing should alone be gible for such appointments. But although that ght be some improvement on the present system, uld not the necessity of providing suitable edution for such barristers still remain ? I shall allude only in the most cursory manner to e importance of providing for the legal education the class of men from whom our LAW-MAKERS me; and on this subject I may be permitted to ad to you a passage in an address delivered in 1850 ) to this society, on the formation of a law school, y its noble president. Alluding to the mischiefs which arise from the want a legal education in the general body of our legis(a) The case of Steele v. Thompson, 8 W. R. 374, is a reent instance in point. It was an appeal to the Privy ouncil from the Supreme Court of British Guiana; and e question was whether, according to the Roman Dutch W, a conveyance or "transport" could pass a servitude or asement by implication. On the hearing of the appeal, amerous authorities relating to the Dutch and the Civil Aw, but none relating to English law, were cited. (b) 12 Law Rev. 218.

all the students-such examinations being adapted to the different classes of students, and taking into account whether they have been to the university or not; but all of them embracing both common law and equity. I believe this is the only country in the world where a man is permitted, and may even with advantage to himself, practise one branch of law being in total ignorance of every other. That anomaly and opprobium would, at all events, be wiped away by the establishment of a law university, which would prescribe a common course of study for all its students, during a certain and sufficient period of their pupilage.

lators, Lord Brougham says: "The one which first
strikes us is, that all questions, not merely of a purely
legal description, but which are in any way connected
with matter of law, are left in the hands of profes-
sional lawyers. The rest of the assembly recoil from
the consideration of them; it is forbidden ground to
be avoided by all; it appertains to the sanctuary,
not within the veil of the temple, but as near adjoin-
ing pur cause de vicinage it is not to be looked at,
much less profanely trodden by lay feet. Yet many
of the most important general questions have such
legal relations, and these are therefore turned over
to the lawyers as within their exclusive province,
which they manifestly are not. But then, it may be I find that I have expended so much time in dis-
said, on such questions it is better that professional cussing the second general head of my subject that I
men be consulted-consulted certainly, as certainly am compelled to make short work of the first general
not obeyed-and for this plain reason, that you never head, which I reserved for subsequent consideration.
can be sure of having professional men who ought to We have been considering how far the general re-
govern the decision. Nay, you can never tell what quirements of the country and of the Profession (but
force of this description there is in the assembly. The especially of the former), in respect of legal education,
Lords, indeed, have always amongst them high legal are met by the present means of legal education in
functionaries; yet even they are of uncertain number England. We had already formed some estimate of
and value. Thus it is a mere accident that any lawyer what those means are. We have seen that they are
but the Chancellor is a member of the Upper House; altogether inadequate to the necessities of the coun-
and no one can pretend that all questions connected try. I think that they are more inadequate than
with legal subjects should be left in his hands. The they need be, or would be-taking into account the
Lower House has often hardly any lawyer fit to dic-wealth of some of the bodies to which I have re-
tate upon such subjects. But lawyers do not always, ferred, and also the intellectual vigour and resources
perhaps do not often, take the most enlarged or en- of this country-if these bodies as far as possible
lightened view upon subjects of legislation. They were brought into united or harmonious action; and
have the bias of the craft; they are averse to change; if the plain duty were set before them, not merely
they view things with a professional eye-an eye of the training up every year of an indefinite number
jaundiced with the prejudices of their calling. They of advocates and attorneys, but of completely pro-
worship the idola specus much, the idolon fori different viding for the legal education required by the entire
from that so named by Bacon, most devoutly and most country; for the legal education of those whose
constantly of all. To make them safe guides even in duties, though not of a professional nature, never-
matters of law, they must be consulted by him who theless demand some knowledge of the general prin-
is so far acquainted with his subject as to be on his ciples of law, and also, perhaps, of some one or more
guard against the consequences of such idolatry. But of its special branches.
for want of this knowledge being generally diffused
the lawyers oftentimes mislead their fellow law-
makers."

I think it has been clearly shown that it is hopeles
in this country to cultivate legal studies to any con-
siderable extent at our existing national universities.
As I have already said, I have very much ab-
I think I have also shown that all the agencies for
stained from a discussion of any such questions as legal education now at work are insufficient to meet
relate to the special education of BARRISTERS and
the requirements of the country. The question re-
ATTORNEYS; and I now desire to say a word upon the mains whether any mere extension of such agencies
subject, not as it interests the profession so much as
would meet the case; or whether it might be more
it does the public generally. Perhaps in a law uni-
effectually met by a combination or reorganisation
versity, better equity draughtsmen, special pleaders, of them all, or of so many of them as may be united.
or real property lawyers, would not be turned out,
I respectfully submit for tire consideration of this
than are now to be found in the ranks of the profes- society that the latter is the only feasible and judi-
sion. But I think, as a rule, better lawyers might be cious course to adopt. The inns of court are and have
lawyers who would be more capable of serving always been institutions designed for members of and
society not only in discharge of their proper profes- students for the bar only. They never have been and
sional functions, but in all that relates to the amend-
never conveniently can become schools or colleges
ment of the law and its administration So long as
for the instruction of the several classes of persous to
it is the rule that every student at the very com-
whom I have referred, or of our colonial judges or
mencement of his career devotes himself to the study Indian writers. Neither could the Incorporated
of some particular department of English jurispru- Society affect to discharge such a duty. The Uni-
dence, so long in the nature of things must the present versities of Oxford and Cambridge have professors
arbitrary and unscientific divisions of English law
of law as they have professors of music, and of
remain impregnable and ineffaceable. The only hope physic, and archæology, merely for the sake of theo-
of ever bringing about in any satisfactory mauner
retical completeness to carry out the old notion of
that fusion of law and equity about which the present
the universality which should characterise such in-
Attorney-General has written and spoken so much, stitutions. But Oxford and Cambridge never have
and which the present Lord Chancellor has endea been, and never can be, efficient to discharge such
voured to effect by a vigorous and sweeping, but duties. All the different classes of extra profes-
altogether ineffectual Bill which is now before Par- sional persons, as well as the colonial functionaries,
liament, is by means of the common education of to which I have referred, are in some sense or other
English lawyers in the general principles of juris-public servants, and their education is more or less
prudence-which are common to, and underlie, both
the concern of the State. Now I mean to say that
law and equity-by means, I say, of an education, in
a law university might be constituted which would
fact, adapted to the particular end of accomplishing provide for the legal education not only of such
such a fusion, as well as the initiation of a more
persons, but also of barristers and attorneys; and
that the education of them altogether in the same
university would be attended with the best results to
I believe that in most other countries all law stu-
all. I propose, then, shortly, that the four inns of
dents, or at least those intended for the judicial office, constituted a Law University for the purposes already
court and the Incorporated Law Society should be
or the practice of advocacy, must necessarily go up
mentioned; that there should be a matriculation
only in polite literature, but in the great principles of according to the analogy of both English and foreign
to a certain point, through the same education, not
common to all students; and that for a given period,
all the various branches of the science of law.
France, a student must first obtain the diploma of for all. At the end of such period I would suggest
universities, the course of study should be the same
Bachelier-en-lettres before he presents himself at
the Ecole du droit, and every student must, before he retaining their present special functions, should un-
that either the same university, or the inns of court,
becomes an avocat, prove his familiarity with, not dertake the special education, and the duty of selec-
cial, and international law. (a) Throughout Ger-
only the Code Napoleon, but with criminal, commer-
tion of candidates for the bar. In the same way,
many-where some functionaries, such as notaries of the university, let the University or the Incorpo-
after such period of study common to all the students
public, are included in the ranks of the profession-rated Society discharge the special functions now
every student of law must qualify at some gymna-
sium, or high school, and pass a final examination in
general law (Encyclopædia of Law), and also in the
common law of Germany, the Roman law, and other
subjects. In the kingdom of the Two Sicilies,
one intended for the profession of the law after
passing his examination in belles lettres must undergo

scientific jurisprudence than we have yet known in

this country.

In

"any

a course of examination in one of the universities," in

assigned to the latter body. Let the university
itself have within its particular province the various
peculiar subjects to which I have referred.
extra professional classes of persons, and also the

A student intending to become a barrister might enter the university and some inn of court at the same time; and so articled clerks to attorneys might civil and criminal, and commercial law, and also in ciety together. The inns of court and Law Instituenter the university and the Incorporated Law Sothe Roman law, jus naturæ et gentium. In the tion would thus still retain their privileges, and each United States of America no person is allowed to practise in the law until he has passed an examina-ence would be, that no one could become a barrister would continue to have its specialité. The only differtion, which differs in different states. Even in the province of Upper Canada-where students for both branches of the profession appear to be educated together-there are entrance and final examinations for (a). See Inns of Court Inquiry Commissioners' Report,

p. 10.

or attorney who had not matriculated at the univer-
sity, and passed a subsequent examination there.
I shall now very shortly, by way of conclusion,
state the advantages which I think would arise from
such an institution.

1. It would be extremely useful that every person

To Readers and Correspondents.

ommunications must be authenticated with the name

tice of the existing practice, Mr. DENMAN found no difficulty in carrying through the Commons a Bill for the removal of it by the simple plan of adopting in criminal the practice lately introduced into civil procedure, namely, permitting the counsel for the defence, calling witnesses, to sum up before the prosecution replies. This Bill, RY OF SALES BY AUCTION DURING however, salutary as it is, has met with an unex

address of the writer, not necessarily for publication, as a guarantee for good faith. nonymous communications are invariably rejected.

THE NEXT WEEK.

Advertised in the Law Times.

TUESDAY, AUGUST 7.

urchstow, Devon, by Mr. Widdicombe, at the Seven ars Hotel, Totnes. Advertised this day.

WEDNESDAY, AUGUST 8.

dence, pleasure-ground, garden and land, Dovercourt, ar Harwich, by Messrs. Farebrother, Clark and Lye, at rraway's. Advertised this day.

THURSDAY, AUGUST 9.

hold saltworks, dwelling-houses and land, at Droitwich, - Mr. Priddey, at the Royal Hotel, Droitwich. Adver

sed this day.

hold estate called "Carkeel," at St. Stephens, Cornwall,

interfere and prohibit the continuation of such a line of examination. The judges of the Superior Courts have lately exercised a great deal more strictness in this respect than formerly was their practice, and the LORD CHIEF JUSTICE has especially distinguished himself in the supression of this, as well as other, abuses of the privileges of counsel, much to the mending of manners in the Chief Justice ERLE is also prompt to pected opposition in the Lords, based upon the court. antiquated argument that has been wielded protect witnesses against unfair or unfounded against every successive improvement in the attacks, by parties or advocates, and their ex"Lower Hatch Estate" of 144 acres, in Loddiswell and administration of the criminal law, that an addi- ample will, we trust, be generally followed by all tional speech would waste the public time. In who preside in courts of justice, whether judges vain Lord BROUGHAM urged that it was a ques- or justices. Witnesses who are not manifestly tion of justice and not of time; the Bill escaped misconducting themselves are entitled to prodestruction only by a narrow majority, and ulti-tection in the discharge of a duty always dismately its foster-parent in the Lords was com- agreeable and usually imposed upon them, and it pelled reluctantly to accept an amendment to the is for the interests of justice that they should not effect that the summing-up should be at the be deterred from speaking out by the fear of The police option of the judge-a restriction that almost being bullied in the witness-box. destroys the value of the concession. In such a magistrate ought in this instance to have intermatter an uniform practice is desirable, but that posed at the beginning of these irrelevant queswill be impossible if this privilege is to depend tions by JOBSON, the motive for which could not upon the good-nature of the judge. A hasty or be mistaken. They did not touch the matter in ill-tempered judge in one court will refuse a issue, and they do not go to impeach credit, and privilege which will be conceded by a patient the defendant had no more right to annoy the judge in another court. Some will take a strict, witnesses with them, or to call upon them for an others a lax, view of the intention of the Legisla- answer, than he could have had to require that ture. It would be well if the judges were to come they should answer a page of Pinnock's Cateto an agreement what course to adopt when the chism. Act comes into operation; and there is but one satisfactory arrangement, and that will be to take a liberal view of the question, and permit a summing-up in all cases in which the prisoner calls witnesses for the defence. Unless counsel knows before he calls his witnesses whether he is to be allowed to comment upon them, he cannot properly decide whether he shall call them or not, and so the very purpose of the Act will be defeated. Again, if the speech be permitted to some and refused to others, it will be construed into an expression of opinion on the part of the judge that it requires explanation.

Mr. Widdicombe, at Gilbert's Railway Hotel, Saltash. dvertised this day. ehold and leasehold estates at Mile-end, Gravesend, ommercial-road, Bow, Romford, Bromley and Barkinghold and tithe free estate of 1150 acres, at Hemingough, in the East Riding, by Mr. Acton, at the Black wan, York. Advertised this day.

ad, by Mr. Moore, at the Mart. Advertised this day.

NOTICE.

FIRST VOLUME of the New Series of the LAW TIMES EPORTS may now be had, price 24s. half-bound. It contains eports of more than four hundred cases decided since the

ommencement of Michaelmas Term last.

k numbers of the New Series of the Reports are kept on
ale, to complete sets.
= REPORTS will be uniformly and strongly bound at the office
For 4s. The volumes of the LAW TIMES for 5s. 6d.

Portfolio to contain thirty numbers of the Law Times Reports
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THE "LAW TIMES" REPORTS.

se Reports are published also in Monthly Parts, for the use
f the Courts, the Colonies, &c. Price 48. Part I. was
ssued on Dec. 1. The part for August 1 is now ready.
;eases relating to Magistrates, Municipal and Parish Law
tre collected and issued separately for the use of Magistrates'
Courts, edited, with Notes, &c., by Edward W. Cox, Esq.,
Editor of "Cox's Criminal Law Cases." A part will be
published at the close of each term. Part III., containing
sixty-two cases, is just published, price 4s. 6d. Parts I. and

1. may still be had.

THE

Law and the Lawyers.

PRISONERS' COUNSEL BILL. BILL has passed the Commons, and is now iting its third reading in the Lords, having for object to assimilate the practice in the CrimiCourts to that in the Civil Courts in respect the speeches of counsel. At present, if witsses are called for the defence, the counsel alling them can only treat of their evidence by aticipation; no opportunity is given to him for mment or explanation after that evidence is osed, while an unlimited right of reply remains ith the prosecution, which thus enjoys a very fair advantage-so great, indeed, that prudent ounsel, who have had experience of the manner which evidence can be presented to a jury by hostile advocate, are always extremely relucant to call witnesses on behalf of a defendant, nd will not consent to do so except in the last esort. The unjust effect of this was shown in he most striking manner in the memorable case of the Rev. Mr. HATCH. His witnesses were present, but his counsel prudently and properly eclined to call them, rightly deeming that it would be dangerous to do so when it would give reply to the prosecution without an explanaion by the defence. The result was a conviction, only to be reversed by reversing the process and putting the prosecutor in the place of the prisoner.

With this proof before the public of the injus

[VOL. XXXV.-No. 905.

VACANCIES AND APPOINTMENTS. ANOTHER police magistrate is gone. Mr. HAMMIL died suddenly on Tuesday. It is another pleasant appointment in the gift of lucky Sir G. C. LEWIS, the third that has fallen to him during the last three months. Twelve hundred a-year, sitting three times a-week, and six weeks of holiday, constitute a comfortable retreat from the anxieties and hazards of the bar.

Mr. BARKER has only just taken his seat. It was a name, however estimable in private life, not known to the Profession. We cannot but complain of this. Offices of this kind ought to be the reward of professional exertions, proved capacities, and that large experience of men as well as of law which only practice at the bar can give. We trust that the next appointment will answer these requirements.

The LORD CHIEF JUSTICE of the Common Pleas has appointed his nephew to the mastership vacated by the untimely and melancholy death of Mr. JERVIS, who was found dead in his chambers in the Temple, where he lived alone, no help being near to succour him in a fit of apoplexy.

For an example of the scandalous length to which the system of cross-examination is pushed in our courts, we would refer to the case which has been recently heard at the Westminster Police Court, of Sir James Fergusson against Mr. David Jobson. Here is an instance of a person whom it is a charity to suppose to be out of his right mind, and who is yet allowed by the forms of justice to put such questions to the man whom he has aggrieved as amount to an aggravation of the original offence. Every scandalous suggestion, every libellous insinuation which his distempered imagination could conceive, was propounded by the prisoner, in the course of his crossexamination. Was Sir James Fergusson a coward ? THE ESTATE MARKET. Had he run away at the Alma? Had he given the order for retreat to his men at an untimely moment THE new number of the Edinburgh Review conon that eventful day? Sir James Fergusson was tains an article on the consequences of the Gold not the only victim. Mr. Disraeli was also sumDiscoveries which will interest all who deal moned into the witness-box, and on no better ground with property, whether as buyers or sellers, or as than that a libellous letter had been directed to him their solicitors and agents. The sum of it is, by the prisoner he was subjected to insult and annoy- that the increase in the quantity of gold has ance. We would ask, is it absolutely inseparable already reduced its value to some extent, and from the due administration of justice that a prisoner will continue steadily still further to reduce that who is charged with having brought the most scan-value. The consequence of a reduction in the dalous and unfounded charges against an innocent value of gold will be a proportionate increase in man, should be allowed to repeat his offence in a more aggravated form under the cover of judicial proceed the value of other commodities; that is to say, ings? Undoubtedly, it is right that any person taking gold to be, as now, the standard of value, placed in such a predicament should be allowed to a greater quantity of gold will be required to be put any questions to his prosecutor which may tend given in exchange for other articles. to elicit the truth of the facts; but it seems strange that with every question he should be permitted to repeat the offence without the possibility of redress.

The mischief of which the Times complains is not the fault of the law, but of its administration. There is a limit to the licence even of cross-examination, if the judge will but insist upon its observance. A defendant or his counsel has no right to put to a witness any questions whatever; they must either be relevant to the issue or designed to try the witness's credit. It is difficult to define strictly the limits of the latter privilege, and the Courts incline, if there be a doubt, in favour of the privilege; but then the court should be satisfied that the object of the question is really that which it purports to be. If reasonably assured that insult is intended, or that the examiner is using his privilege for another purpose, and especially with a malignant design, it is not merely the right, it is the duty, of the judge to

Practically this will affect personal property only to a very trifling extent, for it passes from hand to hand so rapidly that its price will be adjusted by degrees. It is, however, otherwise with real property. An estate which in 1840 would have been exchanged for a thousand sovereigns, would in 1860 require twelve hundred sovereigns, and in 1870 fourteen hundred sovereigns. This difference will not much affect the buyers and sellers, for the fourteen hundred sovereigns the seller receives in 1870 will buy no more of other commodities than could have been procured in 1840 by the thousand sovereigns then given for it.

But suppose that when he bought the estate in 1840 for 1000l. he had mortgaged it for 800l., and that on selling it in 1870 he pays off the mortgage; he will then realise a profit of 300l., and the mortgagee will receive 800 sovereigns that are really worth little more than 6007.

It is well that solicitors and auctioneers should steadily bear in mind the present transition state of the value of property or rather of moneythat they may advise their clients accordingly. The sales announced for the autumn are unusually few in number, and of small extent. In addition to those already brought under the notice of the solicitors, only the following are to be reported:

In Devonshire, near Totnes, the Lower Hatch estate of 144 acres, with the undivided moiety of the manor of Hatch, is to be sold at Totnes. The river Avon flows through, and, as we can vouch from personal knowledge, offers excellent trout fishing. Mr. Fox, of Finsbury-circus, and Mr. PRIDEAUX, of Dartmouth, are the solicitors for the sale.

In Cornwall, near Saltash, the estate of Car

keel is to be sold on the 9th inst. at Saltash. One lot will comprise the farmhouse and 55 acres of land, and the other three fields of 14 acres. The property is situate only two miles from a railwaystation, no mean consideration in estimating value. Mr. G. ALDHAM, of Parliament-street, and Mr. CAUNTER, of Liskeard, are the solicitors for the vendors.

Mr. SMITH, of Nottingham, as solicitor, offers for sale by private contract, Combe Court, an estate near Godalming, in Surrey, consisting of a mansion-house and 155 acres, for a description of which the advertisement should be referred to.

An estate at Sympson, near Fenny Stratford, was sold on the 25th ult. in four lots, and produced 6100%., which was upwards of 700l. beyond the reserved price fixed by the Court of Chancery. This is proof of a rise in the Land-market. A correspondent informs us that in the counties of Herts and Bucks there have been many good sales of late. Mr. FIELD's estates, worth together about 70,000l., have been disposed of at extraordinary prices; 30 acres adjoining one of the farms, supposed to be eligible for building, have obtained one hundred guineas per acre, exclusive of the timber.

A LESSON IN EVIDENCE.

THE MYSTERY OF THE ROAD MURDER.

THE mystery that enshrouds this terrible tragedy gives to it an extraordinary interest for those who are accustomed to the sifting of evidence. It is a lesson for the law student and an interesting problem for the lawyer, and as such we treat of it here.

On the night of Friday, the 29th of June, in a house at Road, the family of Mr. Kent retired to rest at the usual hour in health, and apparently at peace, having first closed the doors and windows. The family consisted of eleven persons, all of whom slept on the same floor. In one room the father and mother, in another a son by a deceased wife; in a third room a daughter by that dead wife; in a fourth two other girls, daughters by the deceased wife; in a fifth two maid-servants; in the sixth the nursemaid Elizabeth Gough, and the two youngest children by the second wife.

One of these children, an infant, slept in a cot by the side of the bed in which was the nursemaid; the other, a little boy of the age of three years and a half, slept in a cot which was placed against the wall at the other side of the room, and at a distance of some six or eight feet from her bed.

ducted from the house. On entering it they saw a
large pool of blood, and Benger exclaimed, "It is
as I predicted." Opening the seat, they found a
sloping slab, also bloody. Below this was a large
cesspool full of water and soil. Half submerged in it
saturated with blood. His throat was cut, so as
was the body of the missing child, wrapt in a blanket
almost to sever the head from the body, and there
was a deep stab in the breast just above the region of
the heart; but the state of the tongue showed death
by strangulation. His night-dress was still upon
him. The blanket in which he had slept was still
around him. Some pieces of newspaper were found
smeared with blood, as if they had been used for
wiping blood from something; but whether they indi-
cated use by way of wiping from a flat surface, as a
floor or seat; or from a filamentous surface, such as
a dress; or from a double surface, as a knife, the re-
ports are silent, although this was a most material
fact to be looked to.

The corpse was carried into the house and placed
in the kitchen, and there it was seen by all the in-
mates, including Miss Constance, the eldest daughter
of the first wife, who exhibited only the usual emo-
tions of horror and grief at the sad spectacle.
Who was the murderer ?

It was soon established beyond reasonable doubt
that it was not done by any person who had entered
the house for the purpose; consequently the crime was
committed by, or at least with the connivance of, one
or more of the inmates of the house on that night.
Who among them were competent to do such a
deed? Only seven persons-namely, the father, the
mother, the nursemaid, the two other servants, the
brother, and the elder sister. It must have been done
by one at least of those seven persons.

The first suspicion naturally alighted upon the nursemaid, in whose room the child had slept; but upon the strictest investigation no single circumstance was elicited to justify it. There was an entire absence of motive; she was fond of the child and her whole conduct had been consistent with innocence and inconsistent with guilt.

Not the remotest suspicion appears to have attached to the two other servants.

Nor is it possible to suspect the mother, for the little boy was her favourite child.

Thus, by the process of exhaustion, the limit of suspicion is reduced to three persons and three onlythe father, the half-brother, and the eldest half-sister of the murdered child.

Let us now see what is the weight of evidence as respects them.

And first as to motive. When a crime such as this is committed, the first inquiry made by all rational men is, what was the motive?

Clearly it could not have been gain. We may
therefore conclude that it was malice.

motive that can be imagined. The child was his
Nor is malice against the murdered child the only
mother's pet, and malice against his mother-a fiend-
ish desire to inflict a wound on her through him-
would be a motive neither impossible nor impro-
bable.

But no motive of malice whatever on the part of
the father can be traced or imagined, for he was par-
tial to this child.

But there existed undoubtedly a motive of malice on the part of the only other two persons. Both of them, brother and sister, entertained very strong feelings of hostility, almost amounting to hatred, towards the mother of the child, who was their mother-in-law. She had been their governess before the death of their own mother, and they knew that she had won the affections of their father while their mother was yet Elizabeth Gough went to bed on the night in living. They had complained of neglect and illquestion at half-past eleven o'clock. Both the treatment by her, and of her partiality for her own children were then sleeping tranquilly in their cots. children. So unhappy was their home and such their She closed the door of the room and fell asleep. She hatred of her, that a few months previously they had slept the night through without being disturbed. actually eloped in disguise, the girl dressing herself She woke shortly before seven o'clock on the follow-in boy's clothes, for the purpose of hiring themselves ing morning, and on rising to look at the children, she found that the little boy was not in his cot, but the coverlet was neatly and carefully replaced after having been turned back to take out the child. Concluding that his mother had come in and taken him to her own bed, she proceeded to dress. Having done so, she went to the mother's room to fetch the child, that she might dress him, but was told that he was not there. She then went to the room of the sisters, expecting to find him there. But nobody knew aught about him.

The alarm was given. The house was found to have been changed since it was fastened the night before. The window and shutters of the drawingroom were open, but no traces of footsteps could be seen upon the carpet or in the passages, although the nurse states that she noticed impressions as of hobnailed boots, but no other eye could see them.

The first supposition was that the child had been stolen during the night. The father went off to the neighbouring town to give information to the police. Two of the neighbours-Benger, a labourer, and Nutt, a shoemaker-instituted a search on the premises. Some suspicion appears to have existed in the mind of Benger, for he at once entertained the thought

that there had been foul play, and he said he

should look for a dead child." They proceeded to a privy in the garden, to which a gravel walk con

as cabin boys in some ship. They were detected and
sent home again, and there is no evidence that their
subsequent treatment had been improved, or that
their hostility to their mother-in-law had been les-
sened.

Here, then, we have proof of the existence of a
manifest motive for the crime. If any person could
desire to inflict pain on a mother he could not hit
upon a more certain means of accomplishing his par-
pose than by killing her pet child.

This is the first step in the inquiry. It establishes, First, that the child was removed from the bed by an inmate or inmates of the house.

Secondly, that of those inmates, only seven were competent to this.

Thirdly, that of these seven four at least are beyond suspicion.

Fourthly, that no motive can be traced to one the remaining three.

of

Fifthly, that there is evidence of the existence in
the other two of a sufficient motive.
that they had a motive for doing it, and that both or
Is there, then, any evidence beyond the bare fact
one of them could have done it? There is.

wakened. Therefore light sted my have been re-
The nursemaid is a light sleeper, yet she was not
child must have been lifted with gentleness, and the
moved stealthily by a person without shoes. The

coverlet must have been thrown off, for the blanket was taken, and only a light and practised hand vald have restored it so neatly yet silently to its place.

From all these circumstances the probable conciasion is, that the child was taken from the room by a female hand.

The hand that took it from the room probably carried it to the window, but there is not the slightest cine to the next step in the inquiry, by whom was the child carried to the privy, strangled, stabbed, cut in the throat and thrust into the cesspool? Was it the same hand that threw back and restored the coveriet so neatly, or the ruder hand of a confederate without? The flannel not known to the house, which was with the body, the wounds, the strangulation, the absence of the knife, and of all traces of blood in the house, or on the clothes of any inmate, seem to point to the conclusion that a gentle hand within the house carried the sleeping victim to some coarser hand that did the

horrid deed without.

Such would probably be the conclusion if nothing more had appeared. But there is other evidence that serves only to deepen the mystery.

The child was probably removed by a female without shoes, and if by one of the females in the house, it is probable that she would also have wern her night-dress. Therefore it was most important that the night-dresses worn on that night by all was were in the houses should have been closely inspected.

This occurred to the detective, although, strange to say, it was overlooked by the authorities who first undertook the inquiry.

It then appeared that all the night-dresses were accounted for, save one-the night-dress worn on that night by Miss Constance was missing. To say the least of it, this was a singular coincidence.

What account is given of this night-dress? It appeared that the servant had placed this very night-dress in the dirty clothes-basket, for the parpose of sending it to the wash. While she was covering the basket, Miss Constance came into the ren and asked her to look for her slip among the dirty clothes, as she thought she had left her purse in it.

The servant opened the basket to look for the slip, turned over the things and found the slip, but purse was there.

Thus, an opportunity was given for the position of the night-dress in the basket to be seen.

The young lady then requested the servant down stairs and fetch a glass of water for her. had never done so before. The servant went acordingly, leaving the lady alone with the basket out taining the night-dress.

The servant returned in two or three minutes with the water, and found the young lady in the plac where she had left her. The basket was afterwards carried away by the washerwoman, and the nights dress, which the servant had put into it, was not there.

Here, then, if there was a desire by Miss Constance to obtain possession of the night-dress, was the obvious means by which she could have done so. The search for the slip would have enabled her to se whereabouts it lay in the basket, and to snatch it out on the instant the servant was from sight; the absence of the servant on her errand offered the neces sary time; the modern dress would have provided t means for its concealment, and there was a long is terval afterwards for its destruction.

These are suspicious circumstances, certainly. It is singular that the night-dress of the person most suspected should be lost, and still more singular that she should have been in its near neighbourhood, and having something to do with the dirty clothes basket that contained it just about the time of its disappearance.

On the other hand, the servant who put the dress into the basket noticed nothing about it of a suspicious nature. She, however, only looked at it casually she did not examine it-and if there had been upon it any stains imperfectly removed, it is not probable she would have observed them.

There is one other fact bearing upon the case, When Miss Constance eloped with her brother in boy's clothes, she threw her female apparel into the very privy where the child was thrown. It is not much, but it is something.

This is all that has been elicited. Put together, it amounts to a case of suspicion, nothing more. O the other hand, there is the improbability of a young girl first partly strangling a child of that age, and then using a knife to complete the work, then retur ing to the house, cleansing and restoring the knife and creeping to bed unheard, and without a trace of blood upon her person or clothes.

The facts would rather indicate that the murder was actually committed by some confederate out of the house, to whom the child was carried by some female in the house.

If two persons were engaged in it there will be some chance of an ultimate revelation.

Benger's conduct requires explanation, and no knives. account has been given of the boy who cleaned the

Detective Whicher has been wrongly reproached enough for his ample justification, as a calm review of for making a charge on evidence so slight. It was the above statement of it will sufficiently show.

The problem may usefully employ the thoughts of

Transportation; further correspondence.
Patent law; commissioner's report, 25th Geo. 2, which enacted that for every inquest