The Sun. — London, England, 1819-11-03 00:00:00

LAW IN coon' OF CIIA:CEItY, Nov. Q. The VICE-CHANCELLOR S3t to-day in LiflColll'S TM). Ills H onour disposed of several causes ; none of which, however, possessed the smallest intt•rest or importance, except to the parties im mediately concerned. COURT OF KING'S BENCH, SERGEANT'S INv, Nov. 2. THE KING V. THOMAS LEWIS PENNAL, ESQ. This was an indictment against the defendant, for refusing to serve the office of one of the Over seers of the Poor of the borough of Queeobo rough, having been duly appointed thereto by an order of Justic , s, pursuant to the statute. At the trial before the lion. Baron Graham, at the Lent Assizes 1818, for the county of Kent, the defendant was found guilty, subject to the opinion of this Court upon a special verdict. The de fendant, who is clerk to the surveyor of the Ord. nonce Department at Sheerness, and a substantial housekeeper in the borough of Queeoborough, was in the 72d year of his age appointed to the office of Overseer, which he refused to serve, on the round of an alleged exemption from serving any parish offices, by virtue of an order of King Charles 11., dated Bth June, 1664, requiring the personal attendance of the officers engag , d in the Ordnance Department of Sheerness to the duties of their office, and forbidding their employment in any parish office, &c. In 1792 the defendant was appointed to the office of clerk to the Sur veyor of Ordnance, and sued out an exemplifica• thin of his appointment in the Court of Exche y“..r. piestion was, whether the defendant was exempted limn serving the office of overseer by virtue of 1 is appointment. Mr. ‘VALForID was proceeding to argue the case on the part of the Crown, when The COURT interposed, and said, that the spe cial verdict vas defective, inasmuch as it did not state that the defendant was a resident house holder in Queennorough at the tune of his ap pointment to the office of Overseer. Unless this objLetion seas waved, the case was not in a state for argument. Mt. GUENEY, for the defendant, said, that the case being now reduced to a Cl , le6tion of costs, he could not, on the part of his client, wave any ob jection in point of form. Under these cirentustarces the COURT directed judgment to be entered for the defendant. Several other cases, mo9t . ot them hying paro rhinl seulemeut cases, %v . r e disposed ot, but none were of pubhc incerest. INQUEST ON THE UNFORTUNATE sUFFF,RERS BY THE FIRE IN ‘VHITECII APE (.-ROAD. An Inquisition was held yesterday before J. W. UN WIN. Esq. Coroner for the Eastern Division of the (...:onoty o f Middlesex, at the Red Lion, Whiteehapel-road, on the bodies of George, Ed ward, and Mary Oran) ; the first aged six years, the second seven, and the third nine years of age, children of Mr Aaron ()lam, liner draper, in Whiteenapel, who tell victims to the flames,whieh consumed his premises, as stated in our Paper of Monday.—The bodies were in a dreadful mutilved state, several of the limbs being burned off. The only wi'ness examined was the housemaid, who gave the following evidence : Sarah Baker.-1 was hoinemaid to Mr. (Dram; abort lial:-bast eleven o'clock on Sunday evening I went to bed, and left every thing safe as I sop posed. My master and mistress, and two children, slept on th, first floor, my fellow servant and I slept on the second floor ; she had a child sleep ing with her, and I had two children with nre the tltree deceased children slept in air adjoining room to us, and the rest of !he family, consist ing of three sons and a servant man, slept on the third floor. About half-past twelve o'clock I was awoke by my mistress crying out Fire, and calling to me to loony up, or ,ke we should be de stroyed. I immediately ran down stairs, and teturned up again for the three children who slept svith rite and the other serrant. ‘Ve brought them down to my toaster, who threw them, and the . two children that slept in his room, out of the window. The persons who slept on the third Hoot, escaped by the ladders. The fire raged with such fury, that my master and mistress bad to escape at the first floor window ; the floor under us was on fire, and our feet were scorching front the flames, so that one could not return to save the three children who slept it; the adjoining room to US ; we escaped with our lives, when the roof fell in, and the three child/en pe rished in the flames. I cannot tell how the fire originated. The Jury returned a verdict of " Accidental Death." The. remains of the bodies, which were runti iated in a most hotrid wanner, were placed to gether ti► a square elm box, and being laid on a bier, were conveyed to the Jews' Burial-ground in Landon-fields, where the funeral service was read by the Rev. Solomon Aarons, the Deputy Rabbi. Multitudes of persons were assembled to witness the awful scene. REMAIIKA3LE INSTINCE OF CaNtNr. SAGACITY. Sunday last, the tvind blowing strong, oc casioned a heavy swell On Yarmouth beach, by which a boat mooted to the jetty, with one man on hoard, was upset. At this instant a dog (be longing to Mr. W. Smith) leaped into the sea, and after a considerable stinggle, succeeded in drawing the main from under the boat, and sup ported him till a foituitous wave actuilly threw him upon it s limt wo , whence he was taken by a rope from the jetty. The dog then swam atter the oars and tit,. man's hat, which he severally brought to the shore. This is the third time of this dog per Forming the same act, having before rescued a six years old, out of the river. Nothing seems to operate as a warning to pre veut Ore very dangerous praci ice of locking children into an apartment where a fire is kept.— At Glasgow, .on Wednesday night, a fine about five years old, was so shockingly hnrnt by her clothes catching fire, that she only survived the accident about two hours. When the neigh bour.: forced open the dour, they found mother chip), not of -the same farniiy, but wh o haul al so been locked in with the above girl, clinging to the roof of a bed to avoid the flames twin her cbuipaaion. SURREY SESSIONS, Nuv. 2. AN EXTRAORDINARY rtIAL. [Front Me New Times.] John Wilson awl James Hawkins were tried upon an indictment charging them with having assault. ed, wounded, and ill• treated Mr. Butt, a solicitor, to the imminent danger of his life, with intent to rob him. Mr. BARROW was for the prosecution ; Mr. Coweey and Mr. TuaToN for the defence. Mr. Butt stated, that on Monday night, the 18th October, as he was entering the pit-door of the Surrey Thea re, at half-price, he felt his watch out of his tub, anti on looking down saw Wilson holding the seal and part of the chain in his hand. Witness seized his chain, and Wilson instantly let it go ; said, '' it was not he," and abused witness upon being charged by him with having attempted to pick his pocket. Wilson then attempted to get away, but witness seized trim by the breast, called fur a constable, and said Wilson was a pickpocket. Hawkins, who was close to the other prisoner, seized witness's arm. A Jew at the same time pushed against witness. and Wilson extricated himself. ‘Vitness 'having disengaged himself from Hawkins's grasp, tried to get bold of the fugitive, but Mitt not suc ceed. A constable, however, apprehended both prisoners. Mr. Cowen , ' asked Mr. Butt whether he had any other name than John Butt ; to which the witness replied its the negative. lii answer to ano ther question, witness said he had an uncle of the same name. Mr. CowLEy then submitted to the Court, that the prisoners were entitled to an acquittal ; for upon looking over the indictment, he found that the word " said " was omitted in referring to the prosecutor, and of course the name that appeared might apply to the prosecutor's uncle, or any other " John Batt." This omission had beer. ohslorved in that part of the indictment, which charged the prisoners with 'went to lob Mr. Butt, but not in the former part, which alluded to the assault alone. Mr. BA Hum,/ said, lie was surprised at hearing so extraordinary an objection. The only question was, whether this Joint Burt was the person as saulted, and the Jury had before them the matter of fact., After some conversation between the CHAIRMAN (Mr. Trotter) and Mr. YOUNG, on the Bench, during which the three Learned Counsel were arguing upon the law, Mr. TROTTER, after a few vain efforts to obtain a hearing, declared that the Coot was divided upon the subject, he being of opinion that there was nothing in the objection, and his brother Magistrate entertaining a differ ent view of Mr. Cowley's argument. Mr. Butt thought proper to give his opinion of the matter, and intimated that the objection of the prisoner's Counsel was by no means avail able. Mr. TURTON—DO, Mr. Butt, be kind enough to confine Yourself to the duties of a witness. You cannot be permitted to act as Counsel, Witness, and Attorney at the same time. Mr. COWLEY said, that the Court being divided, then came on the grand maxim of British Law, that in the event of the existence of a doubt, a prisoner was entitled to an acquittal. The division of the Court established the existence of a doubt in the most unequivocal manner. The CHAIRMAN said . , it was the first' time he had been present at the division of a Court, but it was firmly his opinion, that the trial might go on. If there proved to be any thing in the ob jection, in the event of a conviction, advantage might be taken of it. Mr. BARROW—The Jury are to decide upon the law and the tact. The evidence has been com menced, and a verdict must he given. The word upon which such important stress is laid, is a mere form. It signifies .nothing. Mr. Coweey and Mr. TURTON were willing to risk their professional characters upon the validity of the objection. The latter Gentleman Said with great emphasis, " If the Court divides, the pri soners must be discharged. I contend that they must." The CHAIRMAN, who made several efforts to be heard, was here permitted to edge in a word or two. The Court, be said, was not divided upon the question of proceeding with the case, and he suggested that at all events the charge of assault Might be proceeded with, and that of the intent to rob be abandoned. Mr. COI LEY interrupted the Court.—lf, said he, you try us for a species of assault different from that which the indictment describ e s, you should have given us other notice. The notice we have received is for a particular species of assault, and pow you arc preparing to go on with a common assault. The. CHAIRMAN said, that in summing up, he should take care :o impress upon the Jury the ne cessity of putting out of their consideration alto gether any evidence that touched upon the charge of stealing. Mr. TURTON stated that the prisoners could not he tried upon the same indictment for two . different offences, except there were two counts. In this indictment, whether the cir cumstance arose from the vanity or the ignorance of the. attorney, the precaution bad not been taken. The sole assault to be tried was, that with the intent to steal. The Jury were now to give their verdict, and they were bound to acquit in consequence of the division of the Court. In the Old Bailey, if two Judges divided, there would be an acquittal without hesitation. • The CHAIRMAN said, that if he could ascertain that such was the case, he of course could feel no hesitation in acting upon such powerful au thority. Mr. YOUNG, the Magistrate, said, that if the objection taken by Mr. Cowley and Mr. 'Parton had been taken in lintine, there might, perhaps, be an end to- the case ; but the Court having gone nto the evidence, were compelled to proceed n it. Here the Court directed that the evidence should he pursued. Atter having cross-examined the wit tie's a short time, Mr. CowLEY slid, as a British Counsel, I demand that the prisoners shall know the charge upon which they are to be The CHAIRMAN..-4 should think that the Jury alight, in case they are satisfied with the evidence, bring in the prisoners guilty of an assault, Witl►- eut intent to veal, as they might bring in a per son charged with murder guilty of homicide. A young Barrister, wish whose name we are not acquainted, said, that if ttvo Judges were divided, the evidence could not he stopped. He was pre sent a short time ago when Baron Wood and Jus tice Park divided, still the evidence proceeded, end the Jury returned their verdict. Mr. TunTorg-1 wish the trial to go on. My Client is not Mr. Cowley's. Mr. COWLEY—ii wish it to go on also, but 1 wish to know what it is to be about. It was, after a long delay, agreed ❑pon to go on with the case as it vas originallV intended by the prosecutor's Counsel, who inlimated that it was actually silly to offer such grounds for putting a stop 10 the evidence. Mr. TROTTER said, that Mr. Cowley and Mr. Turton Wright, if they pleased, in the event of a convict ion, move an arrest of judgment. Here Mr. LA►vsON, Clerk of the Peace, came into Court. The Chairman immediately stated the objection, and Mr. Lawson said, that he could see nothing material in it. The objection, whether there was any thing in it or not, was certainly prema►ure. The case WRS then proceeded in, and the pri soners were Acquitted." POLICE INTELLIGENCE. THE RADICALS. GUILDHALL.-As a natural consequence of the Meeting held on Monday, in Finsbury-market, the attention of the Sitting Magistrate, Sir Re ' CHARD CARR GLYN, was yesterday occupied for nearly three hours in hearing the charges prefer red against some of those who attended that Meeting. John Cogien was charged as follows : Henry Knight, a coachman, lives at 20, North street, Brompton, was, fibollt half-past five o'clock on Monday evening, coming through Smithfield, met a gang of fellows, to the amount of 14 or 15 ; went olf the footway to allow theist to pass ; pri soner was running down the street, and on pass ing the prosecutor, snatched at his watch riband, and drew the watch out of his pocket ; prose cutor seized the watch, and prisoner ran off. A cry of " Slop thief " was raised, and the prisoner was taken into custody ; in the scuffle to get the watch from the prisoner, the case of it was lust ; many of the gang struck prosecutor. Thomas Pike, a Cif)/ officer, was in Smithfield on Monday evening, heard a cry of " Stop thief," and saw prisoner running; took him into custody; a gang of 14 or 15 fellows rescued him ; prisoner immediately ran off, followed by his party ; again heard a cry of " Stop thief ;" took prisoner into custody, who was charged by the prosecutor with robbing him of a watch ; recognised prisoner as the person who was rescued Irons bins a few minutes before when be first took him ; a gentle man at Snowhili charged him with rubbing him of his watch ; prisoner was not out of his cus tody more than two or three Minutes when the second robbery was committed.—Cotnntitted for trial. Mary Walsh was committed to Bridewell for a month, lor breaking the shop window of Mr. John May, Golden Lion, Smithfield. Edward Cappendale and George Hart were brought up, h►tt the prosecutors not appearing, the officers preferred charges of disorder and in toxication, for which the Magistrate fined them 53. each. These Gentlemen having on Monday, agreeably to Preston's advice, declared war against paper currency, were not of course encum bered with any, and as the time for that equal distribution of specie, so devoutly swished for by the Radicals, had not yet arrived, they were not prepared to pay the flue, and were, therefore, committed. Hart, when taken by the officers, was without a coat. Many attempts were made by the women to raise a disturbance in Smithfield, which were frustrated by the activity of the officers. Several persons of wretched appearance, who were taken into custody by the officers on different charges, were discharged, as the prosecutors did not ap pear. BOW-STREET.—Yesterday, 'Vahan' Fielder end Males Ellis were examined on a charge of for gery. The prisoner Ellis was lately in the ser vice of Mr. Tustin, of Fludyer-street, army agent, as a footman, and left his service on the 9th of October. Mr. Tustin had been in the habit of signing black checks, which were kept in an iron safe, and the key of the safe kept in a desk in his office. It appeared, that on the 21st of October last, Mr. Tustin, in look ing over the account of his bankers, Messrs. Drommonds, Charing -Brost, discovered a check of 1001. of which he was totally ignorant. He saw that the s;gnorture was his own, hut the hand writing in the hotly of the check seemed to be that of an illiterate person ; and from some further inquiries, Air. was induced to suspect that the prisoner Ellis his late servant, had been con erned in filling up the check. On stopping pay ment of the notes at the Bank, a 101. note was traced to Mr. Chappel, a bootniaker in Holborn, and on applying to Mr. Chappel, it was ascer tained, that abotit a fortnight ago, two young men came to his shop, each of them bought a pair of boots, and put them on at the shop, and ordered the shoes to be sent to a gentleman's house near Blackfriars, where one of them lived servant. Mr. Tustin having learnt this, applied at this office, and ituthven was employed to trace the parties; he soon discovered that the two prisoners were the persons who had passed the ten pound note, and after several days seardi, ap prehended them in company yesterday morning, at a public-house in Devonshire -street, Queen square. On searching Ellis, a skeleton key was found upon him, which opens the desk where the key of Mr. Tostio's iron safe was kept. In the possession of Fielder were found two books, containing some wilting, which Fielder admitted to be his, and which, on examination, very much resembles the hand-writing in the forged cheek. The check was made payable to J. Cowing or bearer, and in one of Fieldet's books, the words " Cowing or bearer" were writ ten, and the word " Cowing" corresponds most minutely with the same hand in the forged check. The prisoners were remanded for a week, to give an opportunity of ttaoiug the other uotes. DREADFUL HURRICANE% ABERDEEN, OCT. 27.—0 n Saturday an d 5 ; IV day last, we were v i s it e d w ith o ne of th e I .°l o tremendous gales which have been experien ce "se , this coast for many years. It Commenced ° P . i f turday afternoon, and continued during that n i gW, and till late on Sunday night, blowing fron' and N.N.W. in squalls of unexampled & len : e t accompanied with snow and sleet ; and, we re ' r ot to learn, has been productive of most dissst:'it, consequences to the shipping, but more Par r ‘ le th i s lady along the coast. From the direction °''ht storm, time shores of the Moray Frith have c h ' I suffered, the various c reeks an d h a t b o ars ft': Buckie to Kitinaird's Head presenting one cootrtl,l cued scene of devastation ; among which we 9 0 1 grieved to mention, that the new h a rboor i j • Banff and Maeduff have sustained incalculable le [nage. The works at Macduff, to which the and patriotic proprietor had contributed sn ly, are nearly destroyed. At Redbyth, reCO c o Port knockie, Bockie, and Ilottenslough , quawities of herrings and other propelli t;e3 been carried off, and many fishing-boats ti ls w4 p to pieces. At the last-mentioned c reek the Industry was put ashore and has become a "',ll —crew and part of her materials saved: 8t1 "; Port soy the piers which bad stood above IN Y e jo have been carried away, and about 1000 t "Ao of herrings lust. During the violence of Ih e % i d, on Sunday, public worship was entirely snsPe n ( o the people being employed in endeavoin itig save their property, and secure their dwei li i fir iO A foreign brig, loaded 'twirl) flax and flax-s et ashore in Banff Bay, and her mate said " ) ,l i i° di owned; and a vessel, loaded with t l m ven ashore at Portknockie, crew s aved ; bu cargo entirely lost. At Peterhead, the sloop Aid, Black, I ° " of' oil at the South Quay, was driven from her r 0 , 1 0,0 ings, MI totally wreck e d o n rise west side " l o ci bay ; about 20 tons of oil have been 90 4 ' t he 16 lost. We are also sort'v to learn, I " .t ire breakwater, at th e N e w H ar b our , rec eived l e a s , considerable damage, but the extent had 001 actly been ascertained, owing to the con' W violence of the surf. ot+. We have received a mass of details from /4.r ,,a1t quarters in the North, all exhihiiing the At disastrous picture of the effects of this ssol'', die the mouth of our own h a rb our , en d alor'Fi o b beach, the surf was tr e m en d ous ; an d all iic t fie the North Pier was, d ur in g the bei ; slit a' t oe gale and tide, almost entirely engulphed Is: , rooting element, we are hap,•y to learn i t 0, sustained no material damage. A circular 64/ 0 placed on the extreme heal, was moved fili e rf place, and thrown up along the back of tti' Is " to the distance of 30 or 40 yards ; and i g od te wall connecting the Pier with the Lif e -boat r i- bsrg on the land side was partly thrown doWo . ; the there is no other apparent i n j ur y t o a ny °‘ works. J oe We subjoin the followi n g f rom our Corr" dents at Frazerburgli and Stonehaven r od . FRAsERBUItIiti, OCT. 25.—A shocking sPL Olt presented itself this morning, on the nori t ',„ r ifiti of Kinnaird's Head li g h t -h ouse , w h e re, "I'bso the night, the brig Adonis, of Liverpoo l '. eft been driven on the rocks and dashed to l' o l l and all on hoard perished ; the wreck of bot t : ;( 4, sel and cargo strewed a l ong t h e s h ore , csbi' l ' e an awful catastrophe; the cargo consisi i 7re hemp and tallow. Several d ea d b o di e s , ve t- dt° peatedly seen this forenoon, dashing against ~tar face of the rocks by the violence of the '''' v er!' one of whom had the appearance of havri'g ,sc; a passenger, as he had on a long blacli c b ttt s several articles of children? clothes have t he also washed on shore. On th e sma ll part 0. J o stern was " Adonis, Liverpo o l ;" a nd 0" flO , board, g' Adonis, Geo. Atki n son, f o r OPo rt ' „4 c ' e 4 i STONEHAVENT, OCT. 25.—From the viole tt ",t4 l the easterly storm between Sat u rd a y a nd St W i,eti l a run of the heaviest sea that has been se ev fr orf for a long time back rolled into our which is quite open to th e s t o rm s f ro nt tha t c i r -1 0 % ter, and is at best poor shelter for vessel s ,, d ` l o iltri, the winter season. Ab o ut one o ' c l oc k on °` l a small sloop, belo ng i ng to Willi am Si"'iti,, this place, broke from h er moorings, °1%911' thriven with such force u p on t h e b e ach , the harbour, that in the course of a few O ti l l iol t site was literally dashed to pieces, scarcely 31 igIO or deal in the whole hull but was broke ! ' differen t Site had on board 163 barrels of cured he rr ivi t ' all of which, except three casks, are totally None of the crew were on board at the 6111 1 1 0 4 broke loose, or they must undoubtetflY / r ot° perished. Mr. Alexander's sloop also 100 14 , part of her moorings, but fortunately lie r d A rope stood firm until she w a s got re-fasre lle she must have shared the same f a t e as the but unluckily the head-rop e s o f Smarts (0 0% gave way first, when sh e i nstant ly swnog I to before both wind a nd w a t e r. The gre ater d/ / of her -standin g r i gg i ng act ! sa il s are s3r (Scolch Paper.) Yesterday the examination of one lb°, 11 : 0 OS children of the Whitechapel Society Schol, place in the presence of the Lo r d Bishop °f t 0 of DON, and a most respectable company, 48rj f# terwards dined at the Lond o n T a vern, " rit ' MELLISH, Esq. M. I'. in the Chair. • —er/ BIRTH. (7 On Friday last, at his house, Balham-hill, the Ida'i ay o P. Levi, Esq. of a still-born child. V' MARRIED. g aff On the Ist inst. at St. Martin-in-the-Fields, Mf . ,, - ellte r Wilson, of Craven-street, to Marian, e ldest Charles Garstin, of Manor-terrace, Chelsea, Esti' DIED. On Friday last,at-Bath, aged 66, John 1 - 3 ° wlc3 ' "1 ( ' Dulwich. n I On Monday, the Ist inst. in Surrey-street,Blac l ' friars' Charles Milward, formerly of Bromley, Middlesex' Vpkpt ExtraGrill/writ Death. —A few days since, Ni;,, i 4;)to Ford, near Arundel, observed a favourite cat u g e rot that of a neighbour, and in attempting to Pa ll t i;'' animals flew at her, and fixed themselves on her Perollea threw Mrs. Duke into fits, which lasted two 0) 1 ' expired. LONDON: Printed by 1. B. CARSTAIRS, —14 g9 6 ; 1-1 Ormond-street, Queer:-square; and publ ished SCRIPPS, of No. 7, South Melton-strect, at, Or' Office, No. 112, Strand ; where Advettiseruent Letters, tise. (post-paid) must he 101[1004 f. ' 0 .i til tu4 f ht +)p hot 4'y 1110%, d~tsi rosi., ht ( "(l'ed 41 44 ml • - 91 r Ir,ry ti:,. ucl, 4 %1 . lit, t hrt-' e