The Sun. — London, England, 1824-04-30 00:00:00

THE LONDON JOUR-I\I.AS: DAILY Extracts front :the Morning:Papers, April 30. [MORNING. POST.] T H . E K T No.—We rejoice to find by our Wind: 7 stir communication of yesterday, that his Ma: jesty.'s indisposition has so far subsided, that it is hoped a few days will suffice to enable him AO resume his favourite excursions, and transact bu: siness as usual. We were, also ranch gratified last night at 'seeing in . all the principal streets brilliant testimonies of the sense and loyalty of their inhabitants, . and of the popularity, •Of the Monarch. The Mlles.; which prevent ed him, from holding. a Court, seemed to have excited a livelier interest towards him in the hearts of his subjects. The demon ,stratiOns of respvt were not only splendid -they were general—and .indeed the• feeling from which they proceeded has long acted in an expanded sphere. His Majesty's attention to all the interests of his people, the wisdom of his Go verti3neol, the liberality of his policy, and the in 'dependent spirit with. which, he has stood aloof from the dark counsels of Continental Sovereigns, and thrown his shield over the infant liberties of the ;slew ,World, have secured him sincere affee tion and gratitude at ,borne, and universal ad- Miration abroad. Under his paternal sway, Eng bud is not'only at peace within herself, she is crowned with increasing prosperity, and daily re sumes those attributes of freedom and sovereignty • which were the boast of her patriots, and made her at once a refuge•for the unfortunate of all nations, and anarbitress amongst Empires and Kings. To say that such a Sovereign is deeply respected and beloved, is only to say that his sub jects have eyes to see and hearts to feel. [TIDE TIMES.] Some anxiety having been felt in the Brazil trade respecting the security of British property in Para, after the expulsion of the owners, we feel it satisfactory to be - enabled to state, that immediately on the arrival of the fugitives at Barba . does, their ‘ . case was represented. by the Con'Sul from Para to the Governor, who forth - with ordered his Majesty's ships Scout and Eden to proceed thither. One of the sloops was in structed to remain for the protection of British interests, the other to retur n and report the state of the province; -and as it is known that his Ma jesty's ship Brazen left Rio on the 15th of Feb. for the same destination, there was every reason to expect the restoration of tranquillity in that quarter. The British Consul for-Para, and most of the - British residents, sailod for that place from Barbadoes in the7S - cout and "Eden. A series.of.Rarliamentary. Returns on the state of our Prisons evince great rashness and misma nagement on the part of certain committing Justices—the number of convictions, or even of bills found by the Grand Jury - ,, bearing - no pro portion.to the-number of commitments. We can at present do no more than recommend the con-' sideration of•this subject, not exclusively to those Who interfere in the questions of the criminal law and' prison discipline, but to others who, feeling generalty'for the sufferings to which vice, renders itself liable, are yet disposed to excuse themselves from the labour of probing the evil to . tire bottom, and applying remedies.—Mid.) [monINGHErt.ALn.] We received late last night, the Paris Papers of Tuesday.—The project of law submitted by the •MiniStry for new modelling the Chamber Of Deputies, by making the.renewal of the Clim ber integral, and the elections septennial,. was reported by the Marquis de Pastoret, as Chair man of a Commission in the Chamber of Peers. The•project is recommended unanimously by the Commission. The debate on the reduction of the in.terest'of the Rentes was resumed in the Cham bOr of Deputies, and adjourned; after several speeches of no great interest, to the following day. A considerable advance took place yesterday in.the British - Ftk - ntis ; this advance arose in con sequence of various false rumours circulated by the Ball party, and in order to have their re venge, the Bears have to-day had their turn.— They have' caused sundry warlike rumours as re specting Fratice to be circulated, and CClnge4 quently a decline took place in 'Consols of three qulrtefs pet . cent. from their closing price of yes terilay, their last price on the market to-day being 961 ; it is, however, but justice to add, that this dedine was attributable to the opera. tians of the market only, for not one word of news that could have any influence either one way or the other has been 'received.—(Mid.) [BRITISH PRESS.] .We are not inclined to give credit to every passing letter, circulated •as coming from South America, and bringing with it desponding. state- . meats of the state of things in that interesting portion of the New World ; and yet heavy f ot(.. bodings, which we cannot exc l u d e ,' accompany the last letters from Brazil, dated late in Fe bruary.. 'rip are afraid that treason there has dafie her work; and if the statements of the French naval force at Rio; up to the 27th of February, be true, the independenc e of Brazil, and our connection with that rising country, ap pear to be more than compromised. The letters in question are dated' fro - in Rio, about ,the 27tH o f last February, and state, 6 6 that in .the preceding week the French naval force there had been aug mented to eight heavy fri:gtit;.i and three sloops of war—that from the 20th 'of Febtuary almost every signal communicated the arrival of a French ship` 'rar,' and • that no two. ships. ita'd arrifed iit company. It •was reported (tfiese letters add) at Rio, that the Colosse, of seventy-four gun, the jean Bart, of eighty foir guns, and several frigates and sloops, were hourly expected to arrive, by which the French natal foe at Rio would be increased. to 'lB Arils."' The fears of the writers in this instance h ave , we ,think, outrun probability; and no French force ; such as they have anticipated, can, we: are sure, have 'appeared at Rio Janeiro. The letters in question 'further state--;--Efkr e the . sub- stance of the tellers is given in THE SUN of yes terday]—lt is yet to be seen whether Don Pedro will propose the promulgation of the new Constitution as a law of the Empire. The " Ca more'," 'or Municipality of Rio, had early present ed a petitionto the Emperor,soliciting that the new Constitution should he at once adopted as a law of the empire, without the intervention of a.legis !alive Assembly. Don Pedro, it will be recol lected, expressed his satisfaction at receiving such an address, but declined compliance with it until he should be acquainted with the wishes of the other provinces. It is certainly strange and sus picious, that nothing in the interval has been said of the future assembling of the legislative body ; and. that the election of deputies, commenced throughout the provinces, had been suspended.— It is by no means improbable, that I)on Pedro has lent himself to the views of the faction at Lisbon, supported by the intrigues of the Cabinet .of France. But we cannot yet 'believe that the Frefich Ministry would venture an open rupture with this country,!by sending such a•fleec to the _Brazils, as, i n th e alarm of our private leVers, is mention e d and anticipated. Such an attempt _would be too glaring, too gross a breach of every think like' neutrality, to be passed by for a mo ment. It would call for immediate explanation from this country, and that denied, the next step would be a hostile squadron, on our part, appear ing in the-harbour of Rio, and off Martinique and Guadeloupe, where the French ships were stated to be assembling. France has, as yet, no fleet that could even risk a contest with the naval power of this country. We therefore think that there is great exaggeration in the statements last received from Rio; and though we anticipated the agency of every sort of intrigue on the part of France, not only in Brazil but throughout South America, wherever she can obtain a foot ing for her missionaries, no open attempt, we are persuaded, will be made that can, by possi bility, entail a rupture with this country ; and the French Ministry are long since in full pos session of the decided sentiments of our Cabine' on the subject of South America. [NEW TIMES.] An abstract of the proceedings -against Mr. Smith, of Demerara, embraces the substance of the charges against him, of his defensive state ment., and . of the whole evidence in the case, and we must say that we have never, in the whole course of onr legal reading, met with a sentence so utterly unsupported, by the semblance of ra tional proof. We are indeed, to this moment, at a loss to Understand for what reason Mr. Smith was sentenced to he hanged ; or what is the crime that he is alleged to -have committed de serving death. He is acquitted of any 'intention to excite rebellion, but found guilty of the non descript crime of promoting diScontent in the minds of other people without any evil in tent.- He is also convicted of having *ad vised on a certain day touching and concerning a certain rebellion, the pfoof being most dis tinctly that the only advice he gave was to have nothing to do with it. This advice too was given without knowing or suspecting that the parties had rebellion in their thoughts,, but merely on an idea that they had some vague discontent which might lead them to illegal conduct. It comes out incidentally in the course of the trial (though not necessary to. be noticed in an abstract), that Mr. Smith was not i arrested on any information •• against him ; it that two - Militia Captains, one of whom had had a quarrel with.-him two years before, thought, 'fit to command him to take up arms, and , becadse as a Minister of the Gospel he considered- himself exempt, they . seized his person and his papers ! He is charged with hriving . preached disaffection for six years together, and is tried upon this mon strous plea without speCification of a single' ex pression, or of any one day,.week, month, or year, within which his alleged crime was committed. is tried by Martial Law for the general tenor of sermons preached and chapters of the Bible read years before .he became subject .to that law !---He is found guilty of - aiding and' assisting in rebellion, because a man whom he did ; not know to be even a reputed re bel came one day to his house unexpected by him, stayed there a few minutes and left it, without prOof of a single_ word having .pasSed between them. It is monstrous for a Court- Martial to be sitting to judge a Minister of the Gospel, not for specific incitements to rebellion delivered from, the .pulpit, but for the general Character of his doctrines as loosely stated from the vague . impression. of ignoraot hearers! It is still more "monstrous to find that one of the doc trines which the prosecutor, the Officer of the Crown, argues to be treasonable, is the duty of keeping holy the Sabbath-day ! [itORN/NO CIitiONIGLE.] The account of the arrival of a number of French ships of war at Rio Janeiro has naturally produced a - great sensation in the Metropolis. What good object can the French Government have in view in sending such a large naval force to that part of South America ? We have for some limp been in possession of very curious torn mnnications ,from a most respectable quarter with regard to the views of the French, in South Ante rica, and the steps they • have taken, and are now taking,lo realize them, but we did not. lay this information before our .readers, because we did not conceive qurselves warranted in any thing short of positive proof, in. stating, what might have had a most ruinous effect on the for tunes of intlividuals, while such extensive float]. cial operations are in progress. . As Ministers, too, have necessarily extensive_ menus of informa (Ton, we could not bring ourselves to believe that they were either not privy to,all the. measures of the ,'French Government, or that they would ,con five at any attempts to disturb the•existingstate of thiogs in South America, after.the lofty, lan guage they have held on this, subject. Unfor innately for Brazil, . an . individual who is under a strong temptation to sacrifice its interests to. his own aggrandizement, has been placed at the bead of its Government. It, was not to be expected that Don Pedro should forget that he was Heir to the Crown of Portugal, or titat'hestmuld ; not wish to unite the two Sovereignties.: Suk to. ef fect this union, European. aid is necessary to him ; and the moment he relies on Europe, he becomes an European Potentate, actuated by Eu 7 ' ropean views. If Ministers, therefore, either lend themselves to, or connive at any attempt to extend the influence of the European Cabinets to South America, they sacrifice the interests of England to other considerations. But what are we to think of the intelligence from Brazil' The presence of so large a French force in that quarter can be explained only in one manner. This, how-. ever, places us in the alternative of believing either that Ministers have views hostile to the independence of South America, or that they have been deceived by the French Government. As far as regards the FrenchGovernMent,. we should not be dispos e d to place the smallest, reliance on its promises or professions. The higher classes in France, whatever M.- De Chateauhriand may say of their improve ment in morals since the French Revolution, are, strangers to honour and goo d generally speaking, faith. They have not sense enough to perceive that - honesty - is, in the long run, the best policy ; that fraud, by destroying confidence, defeats its ,own object. ''hey are genuine descendants or themen of the old. Regime, - for, centuries the great corrupters of European morals, who are so faithfully pourtrayed in, the Memoirs which they.. have left behind them. We are not deceived ,by the French Ministers, be cause we attach no more importance to their language than they do themselves. One difficulty is with regard to our own Ministers, who being in possession of a most effectual, key to the secrets of men in place in France, could hardly be taken by surprise, and -who, we are willing to believe, not so lost to shame as to join them in any intrigues against the independence of South America. However, if we cannot sup pose the English Ministry either the dupes or the allies of their French brethren, we are equally at a loss - to suppose that the latter would hazard the success of their financial schemes by attempts OW South America, unpalatable to the former This would be sheer madness, which is very di ferent from dishonesty. LAW INTELLIGENCE. COURT OF KING'S BENCH, Aplin..29. INSURANCE AGAINST FIRE. GOTTIE v. TURNER AND OTHERS. This was an action brought by the plaintiff to recover from the defendants, who are Directors of the Eagle Insurance Coin pany, compensation in damages for an injury sustained by him in consequence of the destruction of his furniture and stock in trade by fire, and which furniture and stock in trade was insur ed in the Eagle Insurance Office for 4001. The defendants pleaded that the plaintiff had made a false return of his loss, and that,the fire was not occasioned by accident. The ATTORNEY-GENERAL the case for the plain- whom he represented to be a German by birth, and who by strict economy hack scraped together as much money as en abled him to set himself up as a master biscuit-baker in White cross-street, where he, hid the misfortune of being burnout in 1811; since which period he was prevented by extreme poverty from bringing an action for the value of the goods thus destroyed. Al, few years afterwards he set up the same business, without any concealment, in'St. where a short time ago he again had the 'misfortune of being burnt out. After this misfortune he was, in consequence of false rumours spread by a woman named Gibbs, tried for having burt his house in 1811, but he was honourably acquitted ; and he now came before a Jury to give him that compensation to - which he considered. himself justly entitled. William Pegge—l was employed as a carpenter by the plain tiff at his house in Whitecross-street in 1811. I made the coun ter, shelves, &c. in the shop,. and a bench in the bakehouse ; my bill for this work was 111. 6s. fal. Whilst I was so em ployed I saw tables, chairs, crockery ware, and other articles of household furniture. , I cannot say how many beds were in the house; I have seen the defendant wear' good clothes; at that time he had a blue coat, a drab coat, a great coat, and a work ing dress, ',There was pastry in his shop ; there were also japi in the shop ; I - don't recollect having. seen any books . in the shop; I remember when the fire too place. . ' Cross-examined—l did not know the defendantuntil.the 26th of August 1811, when he eameio employ the to do the .work ;. I have never heard Gottie say that he had been burnt out be fore •one of the tables was a d ea l table - worth-about a pound ; another was a mahogany pillar and elaw table, arid worth about • 2/..105. - Tlie chairs were rush bottomed ; the bed Stead was a tent bedstead ; it is so lane ago I can't swear accurately to the amount of the stock in the shop. Joshua Cardell—l am a bricklayer ; in the year 1811 I built an oven for Mr. .Gottie in - Whitecross-street ; my bill was -about 531. The oven -'flue was carried into the back parlour chimney. Cross-examined,-I think the oven was built in April, 1811 ; I was employed by Gottie. The house Wag empty at the time. Re-examined—l arrested GOttie for the amount of my bill, which has never been paid. . Thomas Mitchell - 1 was acquainted with the plaintiff iu 1811. 1 remember his going into the house in NVliitecross street' ; I owed him some money f and he'applied to une to pay 401. for the lease of the house ; I paid"that sum for him ; I then carried on business as a chcesemongcr and grocer; I sup_ plied him with one small parcel of butter and sugar. Cross examined—About a year and a half before the fire in Whitecross-street, he was burnt 'out in High-street, Shadwell; he then owed me 1041. ss. which I paid myself out . of a sum of 2501. which I receiVed from the Phoenix Fire 011ie& for the benefit of his creditors ; every thing 'Gottie had was destroyed in Shadwell. George Illarchy—l know the plaintiff when he lived in Whitecross-street ; I saw his furniture; lie had a bed and bed stead, and blankets in the bed-MOM; there were two trunks in the bed-room. There was a table, two or three chairs, a stove and fender, in the parlour ; there was also some crockery ware, tea-kettle, &c. As far as my judgment goes, I think about 171. would be the Value of the furniture. Cross-examined--I was at this time on liking as an appren tice with the plaintiff; . I slept with the plaintiff two or three night before the fire ; I think the shop was open about three weeks before'the fi re h appene d ; 1 did not sleep there on the night Of the fire, because a person named Samerton slept 'with the plaintiff; I saw the plaintiff the next morning, and he told, me that he made his escape out of the hack window of the room in which he slept. ,I think his stock did not exceed two sacks of flour. ' Mary. ..Payn'e-Lln 1811 I lived near the plaintiff's- house in Whitecrosa-street ; I remember the night of the fire ; I was not gone to bed when it happened ; the plaintiff ran into my - house and appeared much agitated ; he had nothing on except his shirt and small-olothes. Cross-esamined—The plaintiff slept at my house the two fol lowing nights. Maria Payne—l am the daughter of the rast witness; 1 re. member the night of the fire; when the plaintiff came into my mother's house he had a trunk .under one arm, and was keeping up his trowsers with his .other hand ; he appeared to be very much frightened ; the trunk contained some half pency..... . William Kemp—A few days before the fire •I received 71. from the,plaintift for coals which were sent to .his house in Whitecross-street. • Cross-examined—l cannot say positively that the coals were delivered. J. Samerton—l slept with the plaintiff' on the night of the fire I saw flour and other articles used in the plaintiff's business on the premises, but I can't particularly enumerate the articles. . • with whom was Mr. ANDREWS, for the defeadauts, submitted that as the •plaintiff had not proved the truth of the bill of particulars annexed to his schedule, and to the truth of which he had sworn, this action could not be maintained. The ATTORNEY-GENERAL submitted that the defendants, if they questioned the truth of the return of particulars, were bound to prove it false. His LORDSHIP was of opinion that the onus in that respect lay upon_the plaintiff'. The Avrottx EY-GENERAL—Then I fear, my Lord, I can. not carry my proof further upon that point. Plaintiff nonsuited. ASSAULT—MORNIND HERALD. SWIFT V. THWAITES AND OTHERS. This was an action brought by the plaintiff to recover from the defendants compensation in damages for an assault com mitted upon him by the defendants, and also for having falsely caused him to be. imprisoned in a watchhouse. The defendants pleaded the genera] issue ; they also pleaded that the Plaintiff committed the first assault; that he insulted the defendant Thwaites in his own house ; that on being ordered to leave the house he refused to do-so, and that he was therefore turned out by force ; but that no force more than was necessary to put him out of the house was used. The plaintiff's case ,was conducted by Messrs. BROUGHAM and IlactrAans ; and the defendant's case was conducted by Messrs. SCARLETT, ADOLPHUS, CHITTY, and QUIN. Mr. BROUGHAM having stated the facts of the case, of which he proposed to give evidence, called Joseph Wilfred Parkins-2I know the plaintiff; I know the defendant Thwaites ;' he is proprietor of The Mortrsing Herald. The other defendants are workmen on that paper. On the 17th of April last I eniployed ,the plaintiff to serve subpoenas for me upon a suit relative to the election of Berwick. I accompanied him ; and as we were returning between eleven and twelve o'clock he went into the defendant's office, which is situated on the first landing of a house in Catherine-street, Strand. I called for the purpose of getting some letters which I gave him for insertion relative to the case of Byrne. I asked him for the letters, and he seemed to be alarmed, and I think intoxicated; he smelt of spirits. Ile at first said he had not read the letters ; and upon my asking hith to give them to me, he said he had not got them. I then expressed my surprise that he should have parted with letters which were so essential to my justification. I then again insisted on getting the letters.— ..He made no answer, but pulled the bell. I thought he pulled the bell for some one to bring him the papers, and I accord ingly took off a pair of new gloves and laid them on his desk, and intended to wait until the person rung for should have come down stairs with the papers; but I shortly afterwards saw a man who came into the room in his shirt sleeves, and Thwaites said t o hi m —" T urn t h ese fellows away—let all the men come down." Many persons, perhaps about 20, in working dresses, and persons not workmen, came into the room, and one of them put Swift out of the room. Swift is a small man, more diminutive and i ns i gn ifi cant t h an Th wa i tes. They at tempted to serve me in the same way, but being strong in the arms, got my back to the wall, and putting my hands before ale,. I kept them from me, although all of them were striking at me. Whilst I was in the room d e f en di ng myse lf I h ear d a groan outside, - and a noise as if somebody had been pitched down stairs. I then got out of the room ; and as I was going along the passage a number of persons rushed behind me, and although I laid hold of the banister, yet such was the force with which they came, that they threw me down a flight of stairs, and I fell upon the plaintiff, who was lying on th e gr o un d at the fdot of the s t a i rs . The fellows then began to stamp on and kick at me and the plaintiff whilst we were on the ground. One of them laid hold of me by the throat, but I laid hold of one fellow, and notwithstanding the kicking which I got I kept my hold of,him, and dragged him with me into the street, where .the watchman came to my relief. Among the fellows who were ldcking me and the plaintiff I could only learn the names and address of the defendants. I gaie charge of them to the watch man, and we were all taken together to the watch-house. I was unable to walk to the watch-house,without the assistance of the watchman, on whose arm I leaned: In consequence of the kicking which I got I sent for a snrgem, who put a bandage aboUt my thigh, dressed the plaintiff's knee, and sent for a hackney coach, in which we were taken home to my lodgings: At the watch-house I was obliged to promise to attend next morning at Bow-street, where I and the plaintiff' attended ac cordingly, to answer any charge which might be made. A charge of riot was then made, but the Magistrate said he could do nothing unless a charge of assault could be blade out; and the defendants then, or the first time said they could procure a person to prefer such a charge, and a person'was then sent for. lie preferred a charge of assault; upon which we were bound over to appear at the Sessions,. and I appeared accordingly, but no prosecution was instituted. I believe the plaintiff will never be completely recovered from the injury which he sustained on that night. .. . Cross-examined—Whilst the plaintiff was in my employ ment, I gave him 2s. a-day ; I think I have given him about 30/. since that time. I think I'gave him about one guinea p:r week whilst he was confined in consequence of this assault ; I know I have - employed him, but I cannot exactly state the na ture of his employment ; indeed his employment was of such a deecription that I might call it no employment at ell." 0 yes, I have employed him in mercantile correspondence which I have with different parts of the . world ; I have ernploVed him upon accounts respecting 250,000 dollars which . ' have in en African island. :When, I went to the defendant's office it was about half-past eleVen o'clock. . I will swear ' it whs.* twelve o'clock. . I' said nothing . to Mr. ThWaites but What I have stated here to-day. I took Swift to 'the office be cause he happened to be paaSing by et the tithe. I'don't know the last place at which we called - before we went into the defendant'S office. I was sober ; 1 was serving sub poenas at that letehour. Upon my solemn oath Mr. Thwaites, did not deiire us more than once to quit - the room before he rang the bell. Upon my oath, aftei the other persons came into the room I was not desired more than once to quit the room, or that if I did not leave I Should be turned out by forte. Upon my oath I never heard Swift say that if any maxi laid hands upon Sheriff' Parkins he should repent of it. Upon my, oath I did net' throW a man down stairs, nor knack any man down when, rgot into the street. Upon my oath I did not resist the constable. I know a man of the name of Dallas. 1 did not strike nor resist him that night, nor did Swift do so. - A neat rnany . of those who attacked me were Irishmen.. Thwaites is an active, smart man, and taller than Swift.. . . Re-examined. , --I - was on the most friendly terms with Thwaites; and have Written many thiags for hiS Papec., Before Parkins gave hii evidence he was examined as to his connection with` this action, and he swore that he neither em ployed the attorney, nor was answerable for the costs. Thomas. Hind-1 was a watchman in April 1823. I was on. the 17th of April on duty'in - Catherine-street, Strand. •In-cen sequence of a noise which I heardabout The Morning Herald door, I saw Mr. Parkins, Swift, and a number of' other persons —l'savi Mr. Swift very lame ;- I assisted Mr. Parkins; I saw Mr. Parkins - have hold of a man by time atm :.the other Men• were pushing and shoving Swift in a very violent manner;` there were about a dozen persons shoving -Swift, whom they were striving to get .out of the door ; when they got him out iof the door, they shoved him down the street towards the Strand. I assisted Mr. Parkins to the watch-house, where the whple party went. When I first came up, Mr. Parkins gave Charge of the other men ; and some other persons gave charge of Mr. Parkins and the other. When we got to Si. illary-fe- Strand watch-house, Swift was not able to - move. I gave Mr:. Parkins's charge, but the street-keeper, who superintended the bushiess for the constable of the night, refused the charge, and said lie thought the charge of the other party ought to be taken. A surgeon was sent for, and after he did something to SWift, a coach was sent for t o take Swift and Parkins hodle. Cross-examined-1 was the first watchman that came up to the office door; no watchman -nor - patrol came up until we got into the Strand. I did not take any body to the watch-house except Mr. - Parkins ; the other persons followed to the watch house. I had one of them in charge, but who he was I don't know. I am not .now a watchman ; ; I gave -up -the situation because my sister put me into the green grocery business in Denmark -court; I don't live there now. I saw Mr. Parkins next day at Bow-street, but I - can't say .where I next saw him. I came here because Mr. Parkins subpcenaed me.. .He-examined—That subpiona was served for my appearance to give evidence at the Sessions. Alexander'Sheriff—Cln the 17th of April, 1423, I was con stable of - the night at St, Mary-le-Strand watch-house, and recollect the parties being hronght to ,the watch-house ; Mr. Parkins was apparently lathe, and Swift waslame also ; Charles Lan.giman charged Parkins and. Swift with causing a riot at . 18, Catherine -street, and Parkins charged Laughnan and,Rvan with assaulting him and throwing him down stairs ; attended, next day at 11cm-street, and gave, in the book .in which the charges were entered ; at Bow -street the Magistrate said it could be nothing, as there 'was no cherge of assault against Parkins ; a person, present said he could, tint a man to ,give chargefor an assault, avd a persOn came shortly after and gave a charge of assault against. Part - Mr. Stanton—l ARIA surgeon ; I was called in on the morn ing of the 18th of April to see a gentleman at the watch-Ito - use ; I saw Swift there; he was sull'ering great pain ; he had two or three wounds near the cap of the knee; I'clid not seehim walk it is 'prohable he - could walk, but it was necessary to keep him quiet ; I attended hint about a fortnight, during which thne he was ccinfined'io his room; he told me he was - so poor that he could' not pay a surgeon, and he referred-me to Mr. Parkins. Cross-examined.:.-Mr, Parkins said he Would not pay me any thing, as Swift was not a constant man. • Whelk' Stiehl - Smith—The - plaintiff' lodged in my house in A P 1.111823. After the 17th of that Mdrith, he was unable for five or six weeks to walk without assistance; he halts now; his trow.sers were torn when he Came home. CrAs-exatnint:d-- , Wift wai'elitPloyed at one time as clerk.by Mr. Harmer, as I have heard, but I did not know him at that time. The charges entered in the constable's book were then put in and read. • Mr. SCARLETT addressed the Jury'for the defendants; be said the witness who had been' called to prove the case for the .plaintiff; had not with all his experience in Courts of Justice yet learned the adroit ness o f .te lli ng hi s story, in a way wh ich ' would render it probabl e , and if he were rightly instructed it! ; should prove not only that he and the plaintiff had corninit4 o d a wanton and , indecent assault upon Mr. Thwaites, but that he had also this day committed gross, wilful, and deliberate • perjury. Parkins here said, Mr. Scarlett was stating that which was untrue. The LORD CHIEF JUSTICE ( to l Parkins).—Sit down, Su , you must•learn to conduct yourse lf p roper l y. iVir. SCARLETT—WeII, 1 wont say that you have commit ted perjury, but I think that I shall before this trial is over produce evidence which will convince my Lord and the Jury that you have been guilty of gross, wilful, and deliberate per jury in more instances than one. The Learned Counsel then •detailed the case, which he afterwards supported by e vidence, but whilst he was doing so, Parkins, who sat opposite to bin' , was grinning at him and making faces. Mr. ScAuLETT—Don't make faces at me •; your grinninf shan't prevent me from d o i ng my duty? Parkins—You ought to be ashamed of yourself; you are stating that which is untrue. LORD CHIEF JUSTICE-YOU must -Sit somewhere else, s it where I can see you ? Parkins—My Lord, I would rather leave the Court. CHIEF JUSTICE—If you can't conduct yourself properlP you ought. Pdrkins then left the Court. Mr. SCARLETT resumed his statement, and concluded bY asking the Jury if th e y cou ld b e li eve P ar k ins as to his conduc t at Mr. Thwaites' office, if they were to judge by his condu ct that day in a Court of Justice. The Learned Counsel theli called the following witnesses:— John Robeson—l am a printer. In April 1823 I was em ployed at The Morning- Herald office. On the 17th of that month, about twelve o'clock at night, I saw Swift go into Yr. I . Thwaites' room on the first floor. At that hour all persona' engaged on a Morning-Paper are very busily employed; anti such an hour is, therefore, inconvenient to transact business. went into an . adjoining room, which has a window looking into Mr. Thwaites' room. 1 shortly afterwards heard words ia Mr. T.'s room, as if some persons were disputing there. I went into the room, where I saw Mr. Parkins standing, and smiling in a manner peculiar to hiinself in the way of derision; Mn Thwaites told me Parkins and Swift had grossly insulted him, and •he desired 'them to leave the rbotn. One of the re porters then .came in and remonstrated with Mr. Parkins on his conduct ' • but Mr. Parkins would not leave the room, and one of the gentleinen lifted Swift out of the room. Another Gentleman then got Parkins out of the room, and he attempted to get back and •struggled hard; he said he had left his gloye in the room. Mr. Parkins had his arms extended, bu t I can't say whether he struck any person. At this time Illr• Parkins laid bold of one of our men named Young, and throff ' I him down a flight of stairs; Parkins and Swift were then pushed down stairs, and shoved. along the passage into the street ; tnd as Parkins had hold of a Gentleman, 1 went out side the door to get that Gentleman in. In consequence of this confusion the publication of the Paper was delayed for an hour. Cross-examined—Mr. Parkins's usual hour at night to attend at the office is I] o'clock. Mr. Robert 'Bell—l was sitting on the night in question in the room next the room in which Mr. Thwaites was sitting; I heard a great noise, and Mr. Thwaites order some person out of his room • 1 went into th e room , Wherel saw Parkini and Swift; Parkins was conducting himself in a very indecent and sneering .mariner / went 'hack to my own room where some Gentlemen were writing, and I told them what was , going on; I- did not again go Out of that room, as I did not wish to come in contact with Mr. Parkins. , Some of the Gentlemen left the room in which I was, and de:;iied Parkins to go away as Mr. Thwaites ordered him. Ile 'would not go, and I then saw pe;-- , sons pushing him along the passage. I never saw Mr. Thwaites in liquor. • Cross-examined—There were eight or ten persons engaged • in removing thetas. Andrew Millortnell, a compositor on the Morning. Herald , Newspaper, corroborated the testimony of last witness. Cross-examined—l never saw Parkins before; I have not called upon him since, as I am not an admirer of his conduct. Alexander 1114jausland, another. compositor, gave similar testimony, and furth er s t a t e d t h at Swift, on being desired, tto .. quit the house, put himself into a fikliting attitude, and cha l , lenged them to fi g ht. Wi tness remonstrated with P ar ki ns a n d Swift, who assaulted him immediately , and dragged him along the passage. Walter Russell and James Gilbert, two other compositors. give similar testimony. Alex. Dallas, the street-keeper ; deposed that he found Swift at the door of the Morning Herald Ofllce'in a fighting attitude, and that he took him to the watch-house. Mr. John Dwyer depoved, that he was the persott that put Parkins out of. the room, but he did . not do'so utilafter he had remonstrated with him on the impropriety of his conduct, and Parkins had refused to leave the room. Mr Wm. Quin deposed, that he Was the person who put Swift out of the room,: after Swift, who was in liquor, had re fused to leave the room. • • • Mr. BROUcliAbi. in reply, contended, that the witnesses who were called by Mr. BCarlett had riot made out such a case as he was bound ito prove, but that in fact they.sustained the case for • the plaintiff: With regard to the lateness of the hour at which the visit was made to The Mor'ning 'Herald Office, he would say, that considering the' employment tf Mr. Thwaites, the intimacy which subsisted between him and Parkins, and.all the • other circumstances, there would. be nothing extraordinary in that fact tipon which' snrnuch stress had been laid. .The case for the defetee was simply this ; two men against twenty went into the defendant's house, and gave that kind of provocation which, if the evidence for the defence were true, must neces sarily have provoked an assault.' He considered, that upon the evidence there a material difference between the case of the plaintiff and the case of Mr. Parkins,: if he were to bring his action.—The defendants were bound to, prove their justifica tion, that , the plaintiff created a " noise and a ff ra y ;" 'but .even taking the whole of the evidence for the defence as true, the most it amounted to. was this—that the plaintiff accom panied Mr. Parkins to the house of Mr. Thwaites, who was treated by Parkins in rather a' contemptuous manner. He trusted that the Jury would give the plaintiff ample damages for the unprovoked y (on his part) inj ur y sus t a i ne d b y hi m , an d, the effects of which will very. likely last throUghout the whole , of his life. HisCOßDsuir recapitulated all the evidence, and observed that the question for the Jury's consideration was, whether the plaintiff refused to leave defendant's office, and whether more force than was necessary to remove him from the house had been used. If the Jury should be of opinion that the plaintiff had committed an assault, or that having refused to leaVe the house no more.force than was necessary to put him out had been used, then their verdict would be for the de fendant. If upon either of these points they should be of a contrary opinion, then their verdict must be for the plaintiff. The Jury having retired at half-past five o'clock, came into Court at a quarter past seven o'clock,' and returned a verdict for the defendant. BIRTH. On Thursday, the 29th inst., at her house, 69, Baker•street. Mrs. Brahatn, of a son. MARRIED. On Monday, the 19th inst., pt Overton, Mr. Charles - ville of Muswell-hill, Middlesex, solicitor, •to Eli., , eldest daughter of the late Henry. Tanner, of Loclieridge, ll' i! , , Yesterday, at St. BOtolph, Aidgate, Francis Ceal, to El' . beth. fourth - daughter of the late J. Moravia, Esq., or • London-street. On Thursday, the 29th inst., M. Tatham, of Lincoln's LI fields, solicitor, to Elizabeth, eldest daughter of the late Rev. Edward Parker, of Durham. DIED. At Meriden, on Wednesday, the infant daughter of Lord and Lady Lucy Clive, aged 2 months. On the 28th inst., at the Retreat, Downhatn 7 Norfolk, Thos. Scott; E sq ., of London: On the 27th inst., Mr. Thomas Greatrex, millwright, of St. John-street, in the ad year of his age. On the 26th inst., at Upminster, Essex,- John Janson, Esq., formerly of Darlington, in the caunty of Darham. On the 14th inst., at Hampstead, and on, the day of attaining the 14th year of her age, Mary' Ettpliemia, fifth and eldest sur viying daughter of thelate Sir Alexander Macdonald Lock hart, Bart. In February last, at Paddington, in her 81st year, Pennel, relict of the'late Major James Grant, King's American Regt. On the 16th instant, at the advanced age of J 5, Mary, widow of:the late Mr. Richard Whitehead, farmer, of Trowell, Not- , . .. , . , tinghamshire. She was the mother of twelve children—npmely, seven sons and five daughters, and lived, to sec' of their issue three generations, consisting of forty-nine. grand-children, one htindre4 and five great-grand-children, and twenty-two : great great-grand-children. Total of her progeny, Isu. . . Printed and Published for ,the PROPRIETORS, at the SUN. : OFF ICE 7 'II2; Strand, by J. 4. CAUSTAIRS. 1) 1 4 a 441 Nei, lie re :64, I 314, 'BE 1 31 St Pg. / - LO RAt s ti Ton Ric) CAL PLA Sa of ti each; Sant Ofije, 77 be d e She i Lehi, Th Co k d i Stews *her filled blo a , WA' JiTu WE T Nev tX3 part by I 'dfic te t t P so n arla 11t i y E , Al° Pr o flel Ing !Psi icy '144 fA t