The Sun. — London, England, 1844-02-08 00:00:00

Nbition SUN OFFICE, Seven o'clock. IMPERIAL PARLIAMENT. (THIS EVENING.) H OUSE OF LORDS. The LORD CHANCELLOR took his seat on the Wool sack at Five o'clock. • ACTIONS FOR PENALTIES ON GAMING DIS CONTINUANCE BILL. Lord BROUGHAM, in the absence of the Duke of Richmond, sioved the second reading of the Actions for Penalties'on Gaming Discontinuance Bill. Their Lord ships were aware that the Legislature had at various times passed laws for the suppression of gambling, and among those laws was one imposing Certain !penalties on parties who should lose more than 10/. at a sitting at any game. The courts of taw had chosen to apply this statute to horse racing, although he was at a loss to understand how they could Come to such a conclusion ; yet such was the case. The Legislature, however, always reserved the power of pre venting its decisions being abused, and in the case to which he referred, many most respectable persons, among them many Noble and Hon. Friends of his own, had had qui tam actions brought against them to recover penalties to an immense amount on account of their having betted on horse-races. These Noble and Honourable persots were merely desirous of encouraging manly sports, and of improving the breed of horses, in which we surpassed all Europe. They ,were ignorant of the law on the sub ject. They betted, and when they lost they paid their bets honourably ; but many of the persons with whom they betted were dishonourable persons, who refused to pay when they lost. Steps had of late been taken at all respectable meetings to drive these dishonourable person from the turf, and not from any honest and honourable motive = not from any desire to put down gambling, but from motives of mere spite , _ these persons had raked up the penal clauses of these Acts of Parliament, and had brought qui tam actions for the recovery of penalties against these noble ;persons. He did not know the exact amount of the penalties sought to be recovered, but one Noble Friend of his was liable to 68,0001., another Noble Friend to 102,0001., and a county Member, a gentleman whose character stood very high, to no less than 120,0001. The whole amount was probably 300,0001. He understood that all these actions were brought by the sons of the keepers of places, the name of which respect for his audience prevented him from stating.—(Laughter.) But it was notorious that these actions were brought by the keepers of gaming houses of the worst description. He had no knowledge of gaming whatever, but he had'been assured that the case was as he had shortly stated it. What the Bill proposed was, not that any prospective law should be passed, but only that the bad parts of the old law should be repealed, and some good and sound provisions substituted in their stead. It was proposed that, on application to the judges in chambers, an order should be obtained to stop the pending actions on pay ment of the costs out of pocket of the parties bringing them. The Bill had the full approval of the Chief Justice of the Queen's Bench, the greatest common-law judge in England. He proposed also to add a clause, on the third rtadin,g, for suspending future actions, as, if they did not, the moment the present writs were ended new actions would be commenced. Lord CAMPBELL felt much pleasure in snpporting the Bill. He was assured that the actions were brought by infamous persons, that was clear, either for the pur pose of extorting money, or to avenge themselves for some supposed wrong. At the same time he thought the Noble Lord, out of respect to the grave and venerable sages of the law' might have spoken less severely of the decisions pronounced for the last hundred years in Westminster Hall on this question. The Act agains t gambling, included " any other games whatsoever ; " now thorse-racing was a game ; chariot-racing was a game ; it was one of the ancient Olympic games. • He agreed that the common informer was a pestilent' cha racter; but the law had hitherto given them the penalty on convictions and the costs of action. He thought to deprive them now of what the Legislature had always awarded them was unadvisable. The Bishop or LONDON did not intend to oppose the second 'reading of the Bill. Some doubts that he had felt with regard to it had been removed by the Noble " and Learned Lord who had moved the second reading. He apprehended that the third clause only extended to such a time as would enable the House to give a due consideration to the subject. Lord BROUGHAM—Nothing more. The Bishop of LONDON said, the principle of admitting common informers to give evidence was similar to that which admitted the particeps cri mini s to give evidence against their confederates. The whole proceeding appeared to him somewhat ob jectionable, and partook of the nature of modifying the exiiting laws on behalf of the rich at the expense of the poor. If poor persons incurred debts and responsibilities which they were unable to pay, the Legis lature would not interfere on their behalf to relieve them from the payment., unless they also made the law stringent and salutary against gaming, he thought the present Bill might be considered as rather favourable to it. He could not approve of any measure that tended to encourage betting, especially among the poor. They might leave the rich to do what they chose with their property, but they ought to interfere to protect the poor. ' Lord BROUGHAM said the law had always ad niitted common informers to put the law in force. It was a great anomaly, but the law having trusted to the popularis actio,and confided to common informers the work ing ofdiff"rent Acts, he thought it ought not now to deprive these men of their costs.out of pocket, and the penalty also. But were they to go on for ever on this most bar barous system, with no one to watch over and enforce the laws, -no public prosecutor, the enforcing of Acts being given either to the worst possible characters, or to the offended and aggrieved parties ? The want of a public prosecutor was productive of great mischief. He knew a case in which forgery to the amount of 5,0001 was committed at Plymouth, and the party escaped by his friends subscribing and buying off the prosecutor so that when the trial was called on, no one appeared He remembered once to have seen a most respectable gentleman—a man worth 20,000/. a year—standing in the dock to be tried for his life on a charge of murder ; and he believed that his not being of the same sect as the grand jury : entered very much into the cause of his „being so charged. The murder consisted of not his, but his bailiff's, having neglected to hang a lamp across a road which he was getting mended, in conseqyence of which an old woman lost her life. He should never forget the indig nation of the Learned Judge when he asked where was the -Grand - Jury, and had ascertained that they were gone. The man, of course, was acquitted, This was an instlnce of the system that he deprecated vf committing the Execution of the laws to the irrre sponsible conduct oT private individuals. ,The Bishop of EXETER said it was his painful duty to give expression to sentiments at variance, not only with thoSe of the Noble and Learned Lord who had just sat down, but also with those of the whole Committee. It appeared to him that the law of the land having given certain rights to these informers, the Legislature should be reluctant in repealing them. It had been said that the sovereigns of the country for the last two centuries had, by giving King's and Queen's plates, encouraged this sort of amusement. In the reign of Charles the Second, however, who had very much encouraged that species of amusement by giving such plates, a statute was introduced to put down what ? • Not horse-racing—not to restrain betting—but to restrain excessive gaming. Now what was the great plea upon which the House was called on to put an ettd to those outrageous cases ? It was, that if those actions would proceed, it was possible that all the damages that mightbe awarded would amount to half a million. He ven tured to ask any of their Lordships if that were notexces siie gaming. They were asked to put an end to the statute which would check that excessive gaming ; and why ? because the Legislature found that there were rersons base enough to avail themselves of the faults of others, to enrich 'themselves. But it mus; be remembered that the law gave to these very individuals the right of action. It had been said that-this was not the first time that a measure of thie sort had been brought before their Lordships. He was aware of a remarkable case that had reference to the penal ties incurred by the clergy. A person availed himself of information obtained in an office, to inform the proper . %-inthorities that certain clergymen being resident in one living were not resident at other livings in their possession. Of course the Legis lature 'gave them relief from the action that was brought against:Ahem - but it was coupled with the condition that it should - be allowed a certain time to put ap a notification of their intended absence, and that such notification were not well founded, then that the ac tions should proceed. Thus the Legislature in 1814, in that case stepped in to protect the object of the law. That was a precedent for , their Lordships to follow and it was for their Lordships to consider whether the parties wh o came -f or re li e f i n th e present case, had ofe nded or not against the principle of the law, which it was' now sought to repeal. The object of the law they were called on to suspend—was to prevent excessive gaming • and the question to be considered was, whether those partie s now came before the House had or had not off en d ed again st the principle of the law. He had come down inte ndin g to propose that the Bill should not be proceeded Lord r rd six months, but, after hearing the authority of the Justice s e a f yng,, N i o 3n t the subject, he would content himself Zh hi Content." Lord. BROUGHAM said, that although it quite true that the penalties to be recovered against some these parties were very heavy the f ac t was tha t (m) they of were not their own debts. It was well known r that a man's friends betted for him in various parts of the country, and thus the aggregate sum was m a d e of various independent debts. He should move an moist with regard to costs and the limitation of time, onihe third reading. Lord CAMPBELL said the grounds on which h e supported this Bill was , that the statute in question had become obsolete, and 'no, action had been brought upon it, for, he believed, fifty years. According to the law of some countries, as of Scotland, for example, this dissuetude of the law would be tantamount to its. repeal. In this country, however, it could be received for, vexatious and oppressive purposes. When the object was to put the law in force for such purposes, and not to carry out the just intents of the law, he thought theaigidature ought to interpose to stop those actions. After a few words from the Bishop of EXETER, the Bill was read a second time, and ordered to be read a ;AA e 0 morro. YEA t CH - R S to-morrow. SCHOOLS (IRELAND) BILL. r '' FlB SI). --- , iv • was read a second time. - 1 - ',- arli adjourned. .. '.;.-s-7 then r kA t eriii , ' -1- !r .49-. , 1 _ - \ e k jr- '„.. - _ t,' i 0 ,s ` , "1" '--,----AlW;', • ~,,,_, .4://"----- ----- , THE SUN, LONDON, THURSDAY EVENING, FEBRUARY 8, 1844. HOUSE OF COMMONS. The SPEAKER took the Chair at Four o'Clock. METROPOLITAN IMPROVEMENTS. Mr. T. DUNCOMBE presented petitions from St. Giles's-in-the-Fields, and St. George's, Bloomsbury, complaining of the manner in which the Commissioners of Woods and Forests conducted the building of what was called the metropolitan improvements. The peti tioners stated, that in order to carry out these improve ments the Commissioners palled down streets, but they showed no disposition to build them up again. The consequence of this was that trade in the particular neighbourhoods had been stopped, and the petitioners prayed the House to call upon the Commissioners to proceed more rapidly with their work. The Hon. Member also presented a petition praying for Universal Suffrage. GRIEVANCES. Mr. WALLACE presented a petition from Pollock shaws, in Scotland, praying the House to take into its consideration the grievances of the people before grant ing the supplies. METROPOLITAN BRIDGE TOLLS. Lord EBRINGTON presented a petition praying fo the abolition of the Metropolitan bridge tolls. TEA DUTIES. Mr. WILSON PATTEN presented a petition from the merchants of Preston, praying for a reduction in the duties on tea. ARMY ESTIMATFS. Sir H. HARDINGE presented the army estimates, by order of her Majesty, and gave notice that as they would be printed and in the hands of Members in three or four days, he should move them in Committee of Supply on Friday, the 16th of February. NOTICES OF MOTION—BRAZILS. Mr. LABOUCHERE gave notice that he would on Thursday, the 22d of February, bring forward a motion respecting the relations between this country and the Brazils. CRIMINAL LAW OF SCOTLAND. Mr. WALLACE gave notice that he would on the 22d of February move for a Select Committe to inquire into the administration of the criminal law in Scotland so far as related to the punishment of prisoners. COURT OF CHANCERY—COMPENSATION , Mr. WATSON gave notice that he would on the 22d move for a Select Committee to inquire into the orders for compensation made by the Court of Chancery with regard to persons tilling the offices of Six Clerks and Walting Clerks under the 6th of Victoria, and for an inquiry into the emoluments of those offices before the passing of. that statute ; and into the amount of compensation due at that time, and for seven years 'after the death of each officer ; and into the circum stances relating to the passing of the Act ; the appli• cation of the money raised thereby, and the propriety of continuing the same.—(Hear, hear.) SLAVE TRADE. Lord PALMERSTON stated that he: would post pone: the motion of which he had giveni notice la-t night with regard to the slave trade till this day fort- night. LAW OF MASTERS AND SERVANTS. Mr. MILES gave notice that he would bring in a Bill to amend the laws relating to masters and servants. Mr. FERRAN' gave notice that to-morrow evening he should put a question to Sir James Graham, unless in moving, this evening, his announced Bill for the amendment of the Poor-law, the information he sought should be elicitated. Lord Chief Justice Denman having, on a recent occasion, declared it to be the unani mous opinion of the Judges that, in some cases, it was necessary to break in on an Act of Parliament ; and it having also been decided that the mother was always the proper party to be appointed as trustee to her own children, he (Mr. Ferrand) proposed to ask whether, in the Bill which it was intended to bring in to, amend the Poor-law; the Government had inserted a clause fur the purpose of prohibiting the mother and child from being se parated in the event of their becoming the inmates of a workhouse. THE AMBERS OF SINDE. Lord ASHLEY, in r i s i ng to bring forward the motion _ _ of which he had given notice, in reference to the Ameers of Sinde, said it would have been more agreeable to hini self, and not a little so to the House, if the subject he was about to introduce had been brought forward by some Member of greater importance. He had waited until the close of last session, partly to see whether any other Member would undertake the office of speaking in behalf of these impri soned Ameers, and partly in expectation of the arrival of certain appeals from India to her Majesty in Council. These appeals had not arrived, but why they -had not arrived no one could say. It might be that their pos sessions being confiscated, they had not the means to forward or to prosecute them ; it might be that it was out of their power to do anything in their own behalf; on account of the rigorous imprisonment to which they were subjected. But whatever was the cause, it was most fitting and necessary that justice should be done to those unfortunate princes— (Hear, hear)—and the na tional honour of the country vindicated. Now, having felt most deeply that the question should be entrusted to other and abler hands, he had, since he gave a notice on the subject last session, determined altogether to abandon it, not from any want of confidence in themerits of the case, but on account of his own incapacity to do justice to it. But when there appeared in the columns of the Morning Chronicle—that important paper—a letter bearing the signature of Sir Henry Pottinger—and such a letter—(Loud cries of " Hear, hear")—from such a man—he did feel that it was his duty no loner to shrink from the task of bringing the subject before that House. In this remarkable letter Sir Henry Pottinger says —" I lamented over the fallen state of my old friends, the Ameers, of whose case I all along said, and ever shall say, under all circumstances, and in all states and parties, that it is the most unprincipled and disgraceful that ever tarnished the national honour. No explanation or reason can, in my opinion, justify such proceedings towards them, and I know more of them than any man living. You cannot use too strong language in expressing my disapprobation and disgust at these proceedings.' True, true to the very letter. These unhappy princes have strong claims, and he asked, in their name, what heswould not ask in his own, that the House would be kind enough to give him a patient and even a favourable hearing.—(Hear, hear.) With the permission of the House, he would now procevd to state the history of our connection with that country, and the claims which these princes put forth to the consideration and sympathy of the British Parliament. These princes, whose case he was now bringing before the House, are —that is to say, were dum reyna erant—a combination, or federation, of crowned heads, ruling conjointly under the style and title of the Ameers of Sinde ; they ac quired their country by conquest, and ruled over a people of different language and religion from them selves, but if that was to be used as an argument against the Ameers of Sinde, as he perceived it was used in one of the minutes of the Governor-General, that argument would recoil with ten fold force upon ourselves. Why, what were they in India ? If they allowed this to weigh a single instant on their minds as an argument for the course of proceed ing against these fallen princes, it would be retorted with tenfold vigour upon ourselves. The Ameers were recog nised as the governors of that country by several suc cessive Viceroys of India. They endeavoured to in stitute friendly relations with the Ameers of Sinde, and endeavoured to prove to them that nothing but be nefits could acrue to them from an extended intercourse with the British empire. From 1758 to 1799 the East India Company passed through every variety of favour and disfavour—of suspicion and fear—of confidence and jealousy; but at last in 1801 a treaty was made between the East India Company and the Ameers. It was the first docu ment in the blue-book, and contained this passage : " There shall be eternal friendship between the British Govern ment and the Ameers of Sinde." A second passage stated that " unanimity shall never cease between the two nations." The same thing was declared in a new treaty in 1802, by which the relations of the former treaty were expressed in still stronger terms. The Ameers asserted that they had faithfully observed the conditions and spirit of the treaty. Those who espoused the cause of the Ameers said that the British Government had completely violated the treaty. To form some estimate of the character of the two parties it would be well to refer to history. They would find by a book lately published by a most intelligent author, that the-demeanour of the Ameers towards the other States was most peaceable. Could the same be said of us ? Now the primary object of our efforts in India was to obtain the free and unrestricted navigation of the Indus, scruple after scruple was overcome in the minds of the Ameers, who acquiesced in each request made to them for our political advantage. In the year 1832, we obtained the partial navigation of the Indus, and, in 1834, the Ameers made further concessions to meet our views. in the second article of the treaty of 1838, it was conceded that the British Minister should reside at Hyderabad, with liberty to change his residence as he thought expedient. From this time up to 1840, there was a spirit of suspicion, of fear, of alarm, and of everything likely to excite distrust on both sides. We then called upon the Ameers to perform parts of the treaties which we ourselves had violated. In 1840 the rebellion broke out at Gwalior ; large bodies of troops were then sent through the country of the Ameers, and if they had been at all in hostility to us it would have been of the most alarming consequence to the British Government in India. They would find in the accounts of Lieut. Postans, who was at the time a resident in Sinde, that the Ameers at that time gave to the British Government the most cordial co-operation. The importance of their aid under the circumstances was rendered unquestionable by the evi dence of Sir John Keane himself. He said, in writing to the Governor-General that it would have been impossible to have proceeded if they had left Sinde in a state of hos tility. Now, after this, the difficulties of the British Go vernment in India increased, but as those difficulties in creased there was no disposition shown by the Ameers to diminish their friendship. They would find, in the ac count of Lieutenant Postans, that at the time the officers of Candahar assumed so fearful an aspect as to direct at tention to that quarter that the chiefs were left in full possession of their property. There was then nothing in the conduct of the Ameers to suppose that any hos tility existed, although at that time they might have materially injured us, if not have crushed the few* troops r emem b w e h re ich a, s t h a s e natoacctilmipeiewd h S e i n nd all e. ln T di h a is ;a i s t a m nx u i s o t us b ly e watching to catch the spark of rebellion, and to strikethe blow which w e were t h en endeavouring to ward off. But still the Ameers were true to us in spite of the efforts of political subordinates, to whom was trusted the duty of stirring up, a s muc h as possible the minds of a fiercely bigotted Mahommedan people,. Let the House observe what forbearance they had shown ; let them observe the precautions which were taken not to offend either on one hand or the other. The manlier in which the Ameers then acted was strongly indicative of the faith they entertained towards this empire. There could be no doubt that they were then subjected to great temptation by every argument that could be used' 011 such occasions by the disaffected, the resistance to : document was not produced. had such conduct ever been heard of before ?—(Hear) Would it be tolerated in any of our Courts of justice ?—(Hear.) Would the law officers of the Crown defend it ?—(Hear, hear.) He asked fur justice for the Am4rs.—(llear, hear.) He asked for that which was theirs by the rights of human nature.—(Great cheering.) One letter, it appeared, had been produced. The Ameers asked to see it, and the reply was on the part of Major Outram, that that letter had been placed in the hands of Ali Murad, a forged every one of the letter had been put into wlehttoerws. s s H u e s p a r e , c t h e e d a r of o h T a h v i a n t g the hands of Ali Murad. If it eould have been produced it ought to have been produced. That paper was never shown to the Ameers. Whatever might be the result of the present motion he trusted that the treatment which they hid experienced with re gard to that document would riot be suffered to pass without the marked reprobation of the House.—(Cheers.) However, the Commissioner proceeded. "The ques tion is," he said, " whether you will or will not accept the new treaty ; if not, the army under Sir Charles Naper will continue to advance." The Ameers replied—" If the army advances, our Beloochees will not be restrained, and we shall be blamed for the consequences." The Committee said it was in their own power to prevent: them. The Ameers said, " We deny the charges on which the treaty is imposed, but still we will subscribe it." Major Outram proceeded--" The Ameers beg me to write to the General to delay his march, and to say that if the British troops did advance it would be impossible to restrain the Beloo ches." On the 10th Februarys Major Outram wrote to Sir Charles Napier, stating that he had sent off Fitzgerald with a dispatch on the previous night, announcing that 'the Ameers had subscribed the treaty. On the 12th, he said " these fools are in the utmost alarm, in conse quence of the continued progress of your troops." He said "he feared that they would be impelled by their alarm to assemble their rubble with a view to defend themselves. On. the 13th, he wrote that the Ameers of Upper and Lower Sinde had accepted the new treaty. But now it was to be observed, that so desirous were these Ameers to maintain peace with the British empire, that in their steps to accomplish this object, they ex posed themselves to the obloquy of their own people. Major Outram wrote that the - Arneers were execrated for their dishonourable submission to what was termed robbery, and that they hazarded their own lives to guard his person. Major Outram wrote that the Ameers had sent to him to say that the Beloochees were quite uncontrollable, and that they had begged him to leave the residence as soon as possible, stating that they gave the advice from pure affection. Then occurred the attack. He must take the liberty of remarking upon the slovenly and incorrect manner in which these charges had been made, which involved ' such enormous consequences. Sir Charles Napier in writing to the Governor-General an account of the battle, said, that on the night of the 14th the treaty was signed, and, on the morning of the 15th, the residence was attacked, and the Governor-General, in his pro clamation, repeated a statement implying the utter treachery of the Ameers. Whereas, by referring toithe documents they would ascertain that the treaty was signed on the night of the 12th, and that between the 12th and the 14th the Ameers endeavoured to dismiss their people, and warned Major Outram of the danger in whicji he was placed.—(Hear, hear.) He complained very much of this sloven lines, and of the refusal to show them the letters But he had another complaint to make ; he complained of those running comments, those footlines, appended to the letters of Major Outram, which he thought were highly objectionable, unless it should turn out that Major Outram had seen them. (LEFT SPEAKING.) TATTERSALL'S.-THIS EVENING QUARTER TO SIX O'CLOCK C H ESTER CUP. 14 to 1 agst Cattonite 15 to 1 agst Merry Andrew 17 to 1 agst The Prior—taken 20 to 1 agst Tacita 22 to 1 agst Pharaoh—taken 25 to 1 agst Pagan 25 to 1 agst Martyr DERBY. 13 to 2 agst the Ugly Buck—taken freely 8 to 1 apt Rattan 15 to 1 agst Leander 27 to 1 agst Cockamaroo—taken 35 to 1 agst Voltri—taken 35 to 1 agst Apprentice 40 to 1 agst Vat colt—taken 50 to 1 agst Mount Charles All the others as on Matiay. KISSING EXTRAORDINARY. Mr. Horson, of Dorchester, brings an action against Miss Lydia Withington, to recover 600 dollars, the amount of a promissory-note signed by her and payable to his order ; and, singular as it may seem, the validity of the note depended in part on the fact, whether Major Samuel Withington had kissed Mrs. Horson or not. The defendant asked exemption from payment of the note on three grounds, to wit—l. That there was no con sideration given for the note. 2. That, if there was a consideration it was illegal. 3. That it was obtained by fraudulent and false representations. It appeared in evidence that there was a consideration, which was nothing more nor less than a kiss bestowed upon plain tiff's wife by defendant's brother. Major Withington described this kiss as being one of pure friend ship, docile in its nature, and perfectly harm less. It seems that the Major, who is about 65, was in a state of peculiar anxiety in regard to the health of a friend, and as the most feasible way of re lieving this anxiety he called en Mrs. Horson, an entire stranger, of about 25, whom he found so interesting and sociable as to induce him to go in and take a seat, and pass the compliments of the season. On a further acquaintance with her his first impressions were so much strengthened , that on parting he ven tured to kiss her bewitching lips, which he said she received apparent. satisfaction. Coun sellor who appeared for the defence, Clark of n and who is a marr ied ma n , contended that such a kiss witho Roxbury, might be given and received in a natural way, and without damage to either party—that it neither hurt the person nor reputation of Mrs. Horson, nor rendered the Major liable to be sent to the state prison. But Mrs. Horson described the kiss as being rough and uncivil, uncalled for by the circum stances of the case, unwarranted by the usages of society and a wanton and aggravated insult and indignity ; and Counsellor Wilkinson, who is a bachelor, pronounced it an abominable outrage. Mr. Horson, on finding how matters s t o od, went to Withington for satisfaction, which he obtained in the shape of a 600 dollar note, signed by the Major's sister, and payable in six months, which sbe refused to the as stated a b ove . The jury returned a verdict for defendant.—Dedham (Massachusetts) American. LAW INTELLIGENCE. ' COURT OF QUEEN'S BENCH, Feb. 6. (Sittings at Nisi Prity, at Westminster, before Mr. Jus tir,.e 'WILLIAMS and a Special-Jury.) EXTRAORDINARY CASE. THE QUEEN V. KING AND OTHERS. Mr. Humfrey, Mr. M. Chambers, and Mr. E. Janes conducted the case for the prosecution ; and Mr. Kelly and Mr. V. Lee appeared for the defendant King, and Mr. Godson and Mr. Pashley for the defendants Mrs. and Miss Birch ; the other defendant, Mr. Phillips did not appear. - From the statement of the Learned Counsel it ap peared that this was an indictment against four persons, William Henry King, N:mily Ann Birch, Augusta Ann Birch, and Dorcas Phillips, for having combined and conspired together to defraud certain tradesmen of large quantities of goods which had been sent into the house of Emily Ann Birch. This charge was brought against the ',defendants for having endeavoured to procure from different tradesmen goods to a very enormous amount, but which were not to he paid for. Mrs. Emily Birch was the widow of a person who had been a coach-maker in Great Queen-street. He died in 1836, and after his death his widow kept a lodg ing-house in Bedford-place. From 1836, down to 1841, she had been supporting herself by this lodging-house. In 1841 she found she was unable longer to maintain herself by those means. The defendant William Henry King was an attorney, who, in 1830, had resided in Bedford-place, but had been sold up, and, in 1831, he went to live ,at Clapham, where he remained till 1838, keeping a small establishment, but during the whole of that time he was in the most abject difficulties ; execu tion upon execution was put into his house, and he had been in the habit of pawning his goods and clothes, for the purpose of buying bread for his family. In 1838 he left Clapham, and came with his family to reside at his chambers in Verulam-buildings, being then in a very distressed state. King had been acquainted with Mr. and Mrs. Birch during the lifetime of the former, and, in 1838, Mrs. Birch had lent King about 200/. A person had for some time lodged with Mrs. Birch, but he died in 1836, and then the intimacy between Mrs. Birch and King was renewed, and from letters which had passed between them, it was evident that that inti macy was of a very affectionate nature. In 1839 both these parties appeared to have been in the most abject state of poverty-. The defendant Augusta Ann Birch was the sister of the late Mr. Birch, and resided with his widow. In July or August, 1840, a scheme was formed between these parties which, but for Very for tunate circumstances, would have succeeded to an enor mous extent. Mrs: Birch and King were endeavouring to see by what means they could raise money. Mrs. Birch had carried on her business in a respectable man ner, and the intention was to get together as large a quantity of every description of goods as they could, to order them in the name of Mrs. Birch, to be sent to her house, and to name a distant day for payment, which day was in the early part of April ; but a few days before this day of payment arrived King was to put an execution into her house for an alleged debt due to him, and take away all the goods. This plan was matured ; Mrs. Birch went to different tradesmen in the months of November and December, 1840, and January and February, 1841, and ordered goods of the most expensive description, consisting of plate, jewellery, wine, upholstery, two pianofortes (at 150 guineas each), amounting altogether to 3,6001. King was present during the time the greater portion of the goods was delivered, but at that time King went by the name of Wolfe, at Mrs. Birch's house. He was there day after day and night after night. At the latter end of February two executions were put into Mrs. Birch's house, one at the suit of King, for 2,1851., and the other at the suit of the other de-, fendant, Dorcas Phillips, for upwards of 500/. They found these executions were lof sufficient to cover so large a quantity of goods, and therefore very many ar ticles of plate and jesVellery were handed over to King on apretended loan, and the premises were then deserted by Mrs. Birch, and King and the sheriff's officers were left in possession. A fiat of bankruptcy was then sued put, and a messenger from the Court of Bankruptcy was sent to the premises. • The property was sold for 2,499/., but the amount had been retained. It would appear that a few days before all this the parties were employed iu burning and destroying all letters and papers belonging to Mrs. Birch, and very many were torn and given to the servant to be burnt in the oven. It turned out, however, that they were not absolutely distroyed, but different parts had since been put toge ther and proved to be letters which had been written by King to Mrs. Birch. Inquiries were then made, and it Was discovered that, on the 19th of February, King and Mrs. Birch had gone to Reading, where she took lodg ings, desiring them to be ready on the Ist of March, and large quantities of goods were packed up and sent down to Reading. After the fiat King was summoned before the Commissioners, to be examined touching his debt, and he stated that it arose from various sums he had lent Mrs. Birch; that he had commenced those loans as early as 1836; and he gave dates and terms, and among others he fixed upon the 25th of April, 1838, when he said he had lent her 1851. Now, the pieces of letters in King's writing, which had been found in the oven, showed that, at that time King was writing to Mrs. Birch expressing his regret that he could not repay her the sum her husband had lent him, and adding, that there was then an execution in his chambers for 35/. ; but it would be shown, that from 1836 to 1841, King had been constantly sued by various persons, that there had been many executions out against him, and that he was, in truth, in very great difficulties, and - it was, there fore, impossible that aman so situated could have been ad vancing money to Mrs. Birch. The parties interested had, therefore, thought it right to adopt the present pro ceedings, in order that the offenders should not go un punished. The examination of the defendant King as given be fore the Commissioners of Bankruptcy, under the fiat against Mrs. Birch, was put in, and in that he stated, that in August, 1836, he lent Mrs. Birch 500/. ; that he afterwards lent her different sums of money, and that in September, 1839, they balanced accounts, and there was then due to him 1,572/., for which, on the 14th of September, 1839, she gave him her promissory note. On the 29th of September, 1841, she had a further sum of 501. On the 12th of October, 1841, she had a sum of 1001., and on the 21st of October, 1841, he lent her 230/., and he snore that his claim altogether amounted to upwards of 24001 An immense pile of writs and executions again King between 1886 and 1841 was put in and read. One of them was upon a bill for 350/., accepted by Mr. Peter Borthwick, for whom King had been solicitor at his election, and the attorney stated that he had sued Mr. Borthwick, but not being able to get anything from him, he had sued King as the drawer of the bill. In cross examination the attorney stated that King had lent money on the reversionary interest of a person. The servants of King were called, who stated that he could not pay them their -wages. Servants who had lived with Mrs. Birch before the summer of 1841 stated, that the house was very mode rately furnished. Mrs. Birch, in August, 1841, said she could not remain there much longer, but she did not wish it known in the neighbourhood. Miss Birch acted as housekeeper or upper servant. She assisted in making the beds. One of these servants went there in October, 1841, and remained till March, 1842. If wine was wanted by any of the lodgers a bottle was fetched from an hotel in the neighbourhood. King was there, but he said his name was Mr. Wolfe. In the beginning of February, 1842, Mrs. Birch told the servants they were not to call him Mr. Wolfe any longer, but Mr. King, her attorney. King frequently took his meals there. Some time before Mrs. Birch left the house Mr. King, Mrs. Birch, Miss Birch, and Mrs. Phillips were frequently engaged destroying papers. They burnt some, and others they gave to the servants to light the fires with ; some of these were put into the oven. At the latter end of October a great quantity of furniture, plate, wine, and other things, was brought to Mrs. Birch's house, and this continued till the middle of February. On the evening before King's and Phillips's executions were put in those parties came and dined and drank tea with Mrs. Birch ; they drank wine together, and seemed on very good terms. Mrs. Birch told the servants, if any one asked them anything, they were not to know. Early in February Mrs. and Miss Birch packed up a good many things in boxes, and sent them away in a van. Mrs. Stevens proved that Mrs. Birch came to her house at Reading in February, 1842, and took lodgings in her house, which she said she would require on the 3d of March. A gentleman accompanied her. She said she should send some boxes before she came; and after this eleven boxes came. Mrs. Birch came to the apart ments on the 3d of March. It was proved that Mrs. Birch had ordered goods and received them of the following tradesmen :-Messrs. W ilkinson, upholsterers, Ludgate-hill, for very expensive articles, articles, 164/. 7s. 10d.• Simmonds, silversmith, for silver st a r r ei t dfl ic din l o e gn s 291.-she had ordered 701. worth ; she paid a o 2 r s d 2 ere l dt -m these amongst these h g ings ,bi u ll ph w o h ls e t n ere she upholsterers, L 3s. a were five pairs of window curtains, 1201. ; Holding, up holsterer, in Fleet-street, 133/. ss. d.; Bailey and Jack son, upholsterers, Bond-street, 99/. 1 ls.-very handsome and expensive articles; Messrs. Gillon, upholsterers 774 7s. 6d. for carpets-she had given orders for card tables, which were suitable only for a mansion of great import ance ; the order would have amounted to between 300/. and 400/. ; Messrs. Latworth, for carpets, 811 ; Messrs. Bailey, ironmongers, 60/. 17s. 9d. ; Geeks,_ ironmonger, 221. 1 ls. ld. ; Spencer, wine-merchant, 137/. Bs. ; Field, Wardell, and Co., wine -merchants, 71/. 4s. 6d.-cham pagne, old port, gold sherry, East India Madeira-she said she should pay the first week in April, as she had money to receive at that;time ; Plaskett, wine-merchant, 611.185. John - White, wine merchant, 28L-she paid a small bill, and ordered the other wine, for which she said she would pay in April; she had extended the order very consider • ably, but it was not executed ; Alsop, glass and china man, 176/. Is.-very expensive glass and china articles she said she should be receiving her dividends, and would then pay-one table set was 381., a cut lustre, 40/. ; Phillips, chinaman, 421. Bs. ; Cooper, looking-glass maker, 38/. 10s. ; Brooker, looking-glass-maker, 481. 19s. 6d.; Churton, bookseller, 48/. 13s. for books ; they were to be paid for in February; Dickenson, linen draper, 901.-she paid a bill of 28/. when she gave this I%lr. Newman, optician, a teles order; Messrs. Broadwood, for a piano, 162/. 155.-she said she was in a hurry for it ; Messrs. Stoddart, for a 7 2 8 4 1 1. ss Mlssrs. Payne, clockmakers, black cpmc)iaaPnrcblfeoareteleo"sck, 26/. 55.; gilt clock, 16/., and an eight-day clock, 161. ; Davey, watchmaker, a gold watch, &c., 20/. 11s. 6d. - this watch , and other articles of the value -of 124/, were received from King's clerk; Messrs. Town and Emman me uEl eb , : f lu a , n : c Bo : 4.24 ar .u t d ic g l e es, 180/. The case was adjourned till j.u t r o y - All these articles were furnished between October, c l i B e 4 n l t , f a o i r id th , m o o r rrowmorning, counsel. the Learned Judge stating that nine hours were quite suffi cient witnesses were examined during the day. WEDNESDAY, FEB. 7. The examination of witnesses was resumed this morn ing, and some other tradesmen who had furnished goods A SINGULAR CHARACTER str:eats, t C an ambridge, before Mr. Cooper, inquest was held at the Salu tatOion Wednesdayßr n, Coroner for that boro ugh, on view of the body of id g e_ Magnus Klein, who came to the Salutation public house on Tuesday- evening from Cottenham, and was found dead in his bed, but warm, next morning. Upon a post mortem examination, made by Mr. Les tourgeon, it appeared that the cause of death was hemeetemesis, and from the state of the liver it seemed that the deceased had been formerly a hard drinker. The deceased was a Swede, and was well known to Mr. Lestourgeon, having been a patient ;in the hospital for several weeks. He was a man of very singular chit meter, and from the papers found on his person ap peared to be travelling about the country for the pur pose of obtaining signatures to a petition to the Mouse of Commons, respecting the vice of drunkenness and the allurements of gin palaces and beer houses. On him were also found a narrative of his life (which appears to have been passed principally at sea), published by him in 1837, and a list of persons on whom he intended to call in Cambridge. A list of subscriptions to enable him to get to London was also found in his pocket, and several copies of the following extraordinary card : " MAGNUS KLEIN has the honour to wait, soliciting the favour of an interview when convenient, in order to ob tain signatures for submitting to Parliament a petition signed by nearly 20,000 of the clergy, magistrates, and most respectable inhabitants of different counties through which he has travelled, in support of his application (printed by order of the House of Commons), praying the Legislature to take into serious consideration the propriety of suppressing, as far as possible, those houses termed gin palaces, and dram shops, which are destitute of the requisite accommodation of tap-room and parlour, as well as the common beer-shops throughout the coun try, which give such encouragement to drunkenness- and crime, and thereby materially protecting the responsible trader. " Mr. Klein begs leave to mention that, although he is well known for his personal resemblance to the late Napoleon, he is not actuated to this undertaking by any sect or political party. He is a man of peace, and a free agent, having journeyed through the land under the greatest hardships, to make himself useful as a phi lanthropist and therefore solicits the favour of being en couraged and supported by the generous and benevolent friends who delight i n t he performance of good works." The jury returned a verdict of—Died by the visitation of God. BUSFEILD FERRAN"), ESQ.—An action has been commenced against this gentleman, we believe at the in stance of the Anti-Corn-law League, on account of a speech he recently made. The action will be tried at the ensuing assizes.—Leeds Times. A greater number of wild geese have passed over the fens within the last few weeks than in auy former year for some time past, an indication either that the frost has set in severely in the north, or that these birds have the wondrous faculty of prognosticating its approach.—lpswich Express. CHARITY.—The Rev. W. S. B. forwarded 51. for the use of the poor-box of this Court, with a request that its receipt might be acknowledged in the newspapers. MRS. WOOD.—We regret to find, from a hand bill issued by the manager of the Princess's Theatre, that this lady is suffering from indisposition, which will, it is feared, prevent her from appearing again in public for . some time. SPREAD OF INCENDIARISAL — This crime is very much on the increase in Essex and Suffolk, scarcely a night passing in which some intentional destruction of a farm build ings and stock does not take place. A deputation, consisting of Mr. Woodham, Mr. Hai - i7Y, Mr. Hawant, and Mr. Allix, had an interview with the Chancellor of the Exchequer yesterday, at his official resi dence in Downing-street. The Belgian Minister transacted business yesterday at the Foreign-office. which arguments was looked upon as almost an apostacy in their faith. Yet, in spite of this, they had continued true to the British Government.—(Hear.) All this was borne out by Major Outram. He stated in 1840 that the conduct of the Ameers was most peace able, and greatly facilitated the progress of the troops. The Governor-General himself also wrote, and bore the same testimony. The Governor-General said that the conduct of the Ameers towards the officers and towards the troops in their passag e through Upper and Lower Sinde was most friend ly. This was all the evidence which could be shown of those famous circulars. ^On the 22d of May, the Go vernor-General sent a letter in which he stated his final conditions to Major Outram. Let any one read them and say, whether they were not most harsh and severe ; but little time, however, was allowed for deliberation, an army having been assembled on the frontier, the nego tiationswhichwere proposed were backed by the presence of a considerable force—violence naturally begot vio lence, and distrust and dismay pervaded the whole country. It was wholly impossible for the Ameers to control their subjects, and they made an attack upon the house of the Resident. Then followed a battle — the Ameers were beaten and carried into captivity, and thus those famous treaties, which began by declaring the inviolability of the country, were wound up by the imprisonment of the Ameers and the conquest and an nexation of Sinde to our empire in India. But those princes were charged with treachery. No doubt they were, of course they were, charged with treachery. Every one who undertook to establish such a weighty imputa tion against them would of course be provided with a precious pretext for it. But where was the proof ? Again and again he (Lord A.) asked, where was the proof that those persons were guilty of treachery, either to the person of the Resident, or to the rights and privi leges and power of the British. No doubt there was great distrust among the inhabitants—no doubt there was great desire to get rid of our troops—and no doubt they availed themselves of whatever opportunities pre sented to effect that purpose. But was there not a cause for the course of policy which the Ameers had been compelled to adopt? He would pass by all the violence of language on both sides, and would come to the simple facts which must have prOduced that effect upon the Ameers, and compelled them to enter upon that course of intrigue and distrust which ultimately was used as an argument for their destruction and ruin. In July, 1838, the Governor-General having determined to carry on a system of operations in Affghanistan, was desirous of putting Sindian affairs in such a position as would best favour his ambitious intrigue. He therefore directed a letter to be sent to the Resident in Sinde, in which there was this famous passage, "The Governor-General is averse from contemplating such a result as a refusal on the part of the Ameers to enter into a composition with Shah Soojah." Such a compo sition as what ? Such as might be conducive to their interest ?—such as they upon due deliberation might think desirable for their independence ? No such thing. " Such a composition with Shah Soojah as the British Governor may think just and reasonable." That was a pretty way to treat an independent State. But this was not all. He then went on to say, "In case of refusal" what was to happen ? That they should retire from the negotiation lamenting that it had utterly failed ? No such thing. "In case of refusal temporary occupation should be taken of Shirkapore and of so much of the country adjacent as may be necessary." Nor was even that all: still more was demanded. " While the present exigency lasts," said the Go vernor-General, " you may apprise the Ameers that the article of the treaty with them"—(the House would remember with what difficulty the treaty of 1832 was obtaained)—" respecting the freedom of the Indus, and the military stores must necessarily be suspended." They must recollect that nothing had yet been charged against the Ameers. Subsequently, in deed, they were involved in intrigues with the Court of Persia. He did not mean to defend their policy; but he would simply ask, whether they had set them an unblemished example ?—(Hear, hear.) Whether their own performance of treaties and open and honest dealings were so manifest that they could fairly call upon the Ameers to lay aside all in trigue, and not resort to that plotting which was the usual subterfuge of the weaker party. The interval was filled up with the observance of conditions, and all anger appeared to have passed away. But in November, 1838, there occurred a demand of far greater importance. The Governor-General signified his desire to occupy for a time the fortress of Pakhur. Now, the extreme value and importance of that fortress might be best gathered from the words of Sir Henry Pottinger. Sir Henry Pottinger, in a letter, set forth the advan tages which that fortress would be to them. The ces sion of that fortress would put Roostum Khan's friend ship to the test. He begged of the House to bear this in mind, that they might hear the recom pense which the old man received.—(Hear, hear.) Sir Alexander Barnes was employed in the negotiation for the cession of the place, and in a letter written by him it was said, "If you do not get the place you must take it." And this was the way in which they dealt with the independence of those people, and now they were surprised if the Ameers re sorted to intrigue, for the purpose of defeating them. On the 25th Sir A. Burnes writes thus :—" It is with the highest satisfaction I inform the Governor-General that the fortress of Pukkur has been ceded to the British Government on the terms proposed." He trusted he was not wearying the House by enterin g into these de tails. He would now show what pangs it must have c th e Ameer Rustum Khan to have ceded this place.ln a letter written by Sir A. Burnes, he said the consternation of the Ameers was very great when it was signified to them that this fortress was demanded. The whole family of Rustum Khan were opposed to its being given up, and they consi dered the honour of the country was involved in the mat ter. This showed the greatness of the concession made for the advantage of this country. Sir Alexander Burnes, writing in December, 1828, says, that he visited Roostum Khan, who told him he experienced the greatest difficult) , in ceding the fortress of Pukkar, and that his whole fa mily opposed his giving it up. He told him he was an old man, and had but few years to live, that henceforth he had nothing to do but submit, and be the humble and obedient servant of England. Now all the use had been made of him; and in Decem ber, 1541, Lord Auckland, actuated by a high sense of honour, and feeling himself bound to redress for the acts of violence and of wrong which had. been committed, directed Sir James Carnac to do all he could to make compensation. Such being the case, let the House imagine the dismay and disgust with which the Ameers must have heard the announcement which follows, when after such wishes of the Governor-General, when after such a long period of conflicting friendship, after such services as they had rendered to the British Empire, came forfh this verbose and grand epistle to Major Outram. - The Secretary to the Gover nor-General wrote to Major Outram to say, " The Governor-General directs me to inform you, that he contemplates taking possession of Kurrachee and the island of Bhukor." Now he did ask that House, was there any amount of distrust—was there any species of self-defence—which it was not justi fi able for these Ameers to resort to to defend themselves against the unscrupulous endeavours of the English to retain their possessions ? He (Lord Ashley) declared his solemn conviction that they had no ground, no right whatever to charge these Ameers with treachery, even bad they taken the most decided and determined mea sures to drive the British not only from Sinde, but from the Indian possessions altogether. Now, to turn to other evidences in these papers. On the 4th of June, 1842, the Secretary to the Governor-General writes to the political agent at Sinde, and says : " The Governor-General has learnt with regret, but without surprise, your opinion of the infidelity of the Ameers." He proceeded—" The Governor- General wishes to be informed, if your troops are in such a position as to make it easy to annex a portion of the Ameers' possessions to the British empire." So that on the single opinion—the mere opinion of the Governor-General as to the infidelity of the Ameers—the political agent was to proceed to cut off an enormous slice of their possessions, in order to annex it to the British Crown. Well, was it to be supposed that Rustun Khan was not apprised of this ? If they supposed that he, know ing these things, would not take every means in his power to save himself, they must have peculiar opinions of human nature. Sir Charles Napier, who of course was in direct and eenfidential communication with the Governor-General, says in a letter to that high functionary—" I have always maintained that we only want a fair pretext to coerce the Ameers." This was actually announced by the representative of the Governor-General, and was it to - be supposed that While all this was going on, while all these schemes were hatching, the Ameers were going quietly and un heedingly on—living as it were in a fool's paradise. At a subsequent period the Governor-General writes to Sir Charles Napier as - follows :—" I adhere to my original intention, with respect to the Ameers ; if any one of them commits an overt act, his possessions shall be confiscated, and he shall depend for subsistence on the charity of his friends."—(Hear.) Now this was written at a time when we were assem bling horses, men, and materials at Sukkur ; and could it be matter for surprise that the Ameers became uneasy and prepared to take measures for the safety of themselves and their possessions. On the 27th of November Sir Charles Napier writes to the Governor-General :—" I have made up my mind that although war has not been declared, nor is it ne cessary to declare it, I will at once march into the territory of the Ameers." How then could it be wondered at, that the Beloochees, excited by national pride and religious enthusiasm, should take the alarm, and prepare to act. Why, Major Outram admitted, in one of his letters, that it was in consequence of the advance of the British army that the Beloochees would not be restrained, and also (and let this fact be marked) also that the Ameers bad been occupied the whole day in endeavouring to dis persethem. This brought him to the most important docu ment the whole—the minutes of the Conference between Major Outram and the Ameers, on February the Bth and 9th, 1843, just previous to the battle of . Meance. It was most important, because, although it had been commented on both by the Governor-Ge neral and by Sir Charles Napier , _ they had left untouched the most material part of the statement. The Governor-General repeated the charges of treason against the Ameers, and urged them as an argument to justify their dethronement. The Ameers in that con ference in reply to the charge of having written trea sonable letters to two of the chieftains, asked why those letters were never produced ?—(Hear, hear.) That included the whole case. Why were the Ameers not afforded an opportunity of proving that they_ had never written those letters ? He appealed to the House unity tha of t a disproving eotparis to do the Ameers justice—(Cheers)--and justice on thhaedse. been the could never be done them, until they had had an opportunity saidletters.lt lad madeof hand • • writing, but Meer Nusser Khan denied that those letters had been written with h' is authority. His words were " If this letter is in existence show it to me." The were called. Messrs. Dollond, opticians, St. Paul's CENTRAL CRI VLINAL COURT. Churchyard, for a pair of the best globes, a first-rate • . OLD COURT. • opera glass, a microscope, &c., the bill amounting to , (Before Mr. Justice COLERIDGE and Mr. Justice CRESSWE LL .) • between 301. and 40/. ; Stammer, Strand, silversmith, 1 Ckarles Edwards, a young man of respectable ap -1051. 9s. ; Perry, Oxford street, silversmith, 961 . 16 5.; p ea r a nce, w as c h arge d with having feloniously attempted ] . Braithwaite, silversmith, 2201. 2s. &d.-531. paid on the to discharge a loaded pistol at Matilda Potter, with 24th of February, 1842, by a 50/. note, traced to King ; intent to murder her. Lambert and Rawlines, silversmiths, 167/. 7s. In another count, the prisoner's intent was laid to be Several of the tradesmen stated that Mrs. Birch came to maim" and disable the prosecutrix, or to do her soaves in a carriage and ordered the goods, and in many in- grievous bodily harm. stances she "was a perfect stranger to them, but in others 1 Mr. Clarkson and Mr. Payne conducted the prosecu she had small accounts of a few shillings or pounds for tion ; Mr. Wilkins defended the prisoner. trifling articles. It appeared from the evidence, that the prosecutrix is of the papers found in the oven, when a widow, and lives with her mother, who keeps a coffee put together, formed letters in the handwriting of house in Bridge-house-place, Southwark. The prisoner King, addressed to Mrs. Birch as " Dearest Emily, had lodged in the house, and paid attentions to the pro- - and speaking of his extreme poverty. Some of secutrix, which it appeared were discouraged by her them were draughts of letters to tradesmen and her mother, and in October he quitted the house. in his writing, the copies of which were sent to the He continued to come there, however, and continued his tradesmen in the handwriting of Mrs. Birch, and some a tt en ti on t o th e p rosecu t r i x , although he was repeatedly of them were lists of articles to be had from diffe rent requested to desist from, so ' doing, and also not to come tradesmen, in King's writing. Not a shilling had been to the house. On Sunday, the 14th January, the pri paid for any of these goods. In one instance Mrs. Birch soner went to the prosecutrix in the coffee-room,. sna called upon a silversmith and ordered a quantity of told her that he was come to.wish her good-bye, /1 114 plate, but she wanted credit ; the tradesman said he that she would not see him any more, and he then went . would give credit upon having a rtference ; she then re- away. About five o'clock the next evening, the prisoner ferred him to a - person, stating he was her attorney ; again went to the house, and, after some conversati on. but the tradesman refused to give credit upon this refe - with the prosecutrix, he drew a pistol from .his pocket, rence, as he said her attorney would be sure to give pointed it close to her neck, and pulled the trigger, but , her a good character, and, in fact, he did not like at - fortunately without effect, as the pistol did not e xplode. torneys. The prosecutrix's mother laid hold of the prisoner , Proof was then given of the seizure of the goods on the upon which he said that he would serve her the same. Ist of March, under two executions, one at the suit of The prisoner was then secured by a policeman, and, on H. W. 11. King, for 2,1531., and the other at the suit of the pistol being examined, it was found to be charged- Dorcas Phillips, for 520/. Mrs. Birch was present when with gunpowder and a ball. the levy was made ; she was laid up with the gout at the The prosecutrix on being cross-examined said ' tha t ' time. The goods were very splendid ; they were sold the prisoner had paid her attentions for three or fob under the seizure, on the 9th, 10th, and 11th of March, months, and always expressed the greatest affection for for 2,499/. 16s. lid. The plate alone sold for 700/. or her. Upon one occasion he took a ring from her finger 8001. 'plc - whole amount was afterwards paid into the and w o re it until the next day, when he returned it t o. Court of Queen's Bench and Common Plea, upon inter- her. She denied that she had ever expressed any ace" pleader rules, the assignees having prevented Mr. King tion for him, but said that he had often told her that he from receiving any part of the money. would die for her. Some letters were produced by Mr. This was the case for the prosecution. Wilkins which she admitted were in her handwriting. The Learned JUDGE asked the Counsel for the prose- The evidence of the prosecutrix was corroborated by cution if they thought there was evidence to go to the her mother and other witnesses, one of whom said, that jury against Miss Birch ? after the prisoner had made the first attempt to dir . Mr. HuSIFREY thought there was ; and the case pro- charge the pistol; he pulled back the hammer of the pis'. ceeded against all the parties. to l, apparently for the purpose of making a second !It: Mr. KELLY then addressed the jury on behalf of the tempt, and when he was secured he said that 1101 in- defendant King. He would freely admit that there was tended to shoot the prosecutrix, and afterwards &bet much to blame, much to condemn, perhaps more to sus- himself. pect, as regarded the conduct of more than one of . the The consta bl e, upon b e i ng cross - exam i ne d .by Mr- • parties. Some parts of their conduct, 'he would admit, WILKINS, said that the nipple of the pistol was to it was utterly impossible to justify. If by law one or clogged up that it was not likely to have exploded. , more of the defendants had committed any offence, he M r . W ILKINS , on b e h a lf o f th e prisoner, contende d hoped he should satisfy them that it was not the offence that the evidence- only showed the prisoner to have be en chargedin this indictment. He implored them, by all that guilty of a silly, foolish act, merely with the intention o - was sacred, not to allow any sentiments of disappro - frightening the prosecutrix, and that he had no into bation, however justly called forth in their minds, to tion either to kill or to injure her in any manner. lead them away for a moment from the discharge of Mr. Justice CRESSWELL having summed up the We , the simple and plain duty they had to perform, which t he j ur y, a ft er a ver y s h or t deliberation, returned a l'er was, to determine, not whether these parties had done diet of Guilty, right or done wrong, but, looking at the nature of the The prisoner was sentenced to be transported f°l charge, were any two of them guilty upon that charge? fifteen years. He admitted that King, at the time when he first bore a part in these transactions, did undoubtedly press forward with undue eagerness to obtain a preference in his own favour befiire the other just creditors of Mrs. Birch; but if the fiat against her was valid, be would not obtain a shilling under that execution. Mr. GODSON addressed the jury on behalf of the two female defendants, and submitted to them that there was no evidence of a conspiracy having been entered into between these partie4. Mr. Justice WILLIAMS then summed up the case to the jury, kaving it to the jury to say which, if any, of the defendants they considered to be guilty. The jury retired for a short time, and then returned a verdict of Guilty on the first count against King and Emily Ann Birch (Mrs. Birch), and Not Guilty as re garded Miss Birch. The jury also wished to express their astonishment at the want of caution in the parties who had trusted Mrs. Birch, and they also hoped the length of time Mrs. Birch had already been in prison (nine - months) would be taken into consideration. Mrs. Birch was then brought forward and placed on the floor of the Court to receive judgment. King was called, but did not appear. Mr.GonsoN did not object to sentence being passed, so that it did not prejudice his motion next term in arrest of judgment, as he should submit that the first count was bad in law. Mr. Justice WILLIAMS said he certainly should pass judgment at once; he did not mean to discourage Mr. Godson in his applicatibn, but he had no doubt. The Learned JuDGE then proceeded—Emily Ann Birch, the length of time you have been in prison, to which the jury have adverted, is not overlooked by me, nor am I insensible to the time of life at which you have arrived, and of the punishment imprisonment must of necessity - be to a"person of your years; but when I bear in mind the nature of the evidence adduced on the pre sent occasion, unexampled ly anything in the history of this country in the shape, we i the one hand, of deception, and, on the other, of persevering imposition,--when I bear in mind the extent to which different honest men have been plundered of their goods, and that this scheme of which the jury have convicted you—a scheme which for a time had existed, and which was nearly successful to the extent to which it was carried,—notwithstanding the circumstances to which I have alluded—your. age and infirmities—it is impossible to pass it without a sentence of considerable severity ; indeed, it would be trilling with the public interest if, when a ewe is brought home to the delinquents charged with an offence of this kind, the arm of justice did not interpose to the utmost for the protection of the property of the subjects of the realm. It seems that King does not appear to receive sentence, and I firmly believe that although you appear universally to have given the orders, yet I can not but suppose, from the intimacy which it is evident existed between you and that defendant, that he was probably 'the principal conspirer and contriver. 'lt is necessary therefore in his case, though absent, that sentence should be passed to mark the opinion enter tained of his conduct arid of the transaction that affects him. With respect to him, the sentence of the Court is that he be imprisoned in the Queen's Prison for eighteen calendar months ; and deeming you to be second in the transaction, though chiefly appearing, the sentence is that you be imprisoned in the Queen's Prison for nine calendar months. s' POLICE INTELLIGENCE. (YESTERDAY.) CLERICEIV WELL. Joseph Tuohy, a managing Chancery clerk, was fins" examined on two separate and distinct charges=-the one for embezzling a banker's cheque for 83/, all large quantity of lawyers' briefs, account-books , other valuable documents ; the other for embezzling t"„- sum of 91. 9s. 2d., being the amount of a cheqse O '" Messrs. Cocks and Biddulph, bankers, Charing-cr oss, both being the property of his employer, Mr. Hen r i Bedford, a solicitor, 4, Gray's Inn-square, and residing • at 20, Calthorpe-street, St. Pancras. The preceding part of the case appeared in The S c at of the 25th ult. It will be recollected that on te t occasion the evidence adduced went to prove ,tf a , on the 9th December, 1839; the prisoned receiver __IP",„ his employer a cheque on the bank of Messrs. RoW:li; and Co., which he was directed to hand over to IP, W. Harcourt Torriano, a. Chancery barrister, residluo in Stone-buildings, Lincoln's Inn, as payment of Pr; fessional fees. It was further proved that the prislip had received a cheque for 9L 9s. 2d. from.. 4 , Bachey, a solicitor, residing in Salisbury-square, F 1 street, as payment of a debt due to Mr. Bedford. h ue The prisoner acknowledged having received Pof cheque for 831., and stated that this was the amotint.„,„ the debt due by the prosecutor to Mr. Torriano for Pf.t,, fessional service, including a deduction of 5 or 10,5 cent., which the prisoner alleged Mr. Torriano's c, ® had informed him his master would make for inun eul ' payment. He had accounted for the cheque. h i Mr. Bedford said the prisoner mentioned to 4 this alleged communication of Mr. Torriano's clerk, sslide he believed that a deduction of 5 per cent. was r° from Mr. Torriano's bill, in consequence ot- the,1 3 05 soner's pressing it so earnestly upon him. On, cf. matter, however, he could not speak with ter ra u, The prisoner had not accounted to him for the cheq s o Mr. CONBE expressed his very great surprise th;so respectable and eminent a lawyer as Mr. Torrithei would consent to so unprofessional a deduction as mentioned ; he ould not believe it. James Barr c y, Mr. Tor riano's clerk, deposed tb g ire made no such communication to the prisoner. Mr. Torriano deposed that he never consented to an_f t , such arrangement with Mr. Bedford, the prisoner, any other person. He considered that such an arranger ment would be unworthy of a barrister. lie ha 3 nef received the cheque from the prisoner. Mr. Bedford swore he had not authorise d the. priison to receive the cheque from Mr. Bachey , a nd that 'he W` not, in any way, accounted to witness for it. The t r: soner, on the night of his apprehension, the 24th . 1 4 . besought witness's forgiveness, and, when refuse_dA, began to weep, and, running into a dark part a , thorpe-fields, said he would cut his thro at with his ? ja g knife. He subsequently attempted to esca p e b y runw away, but was finally secured by a police-officer. Bh p, Scarlett, clerk to. Messrs. Roberts, and Mr. t he clerk to Messrs. Cocks and Biddulph , deposed ths'ate. p r i s oner had the cheques cashed at these establishnieto Inspector Barton deposed to having found a q ua rt of account-books, briefs, and papers, in the house ° Deacon, 6, Borough-road, which Mr. Bedford identi as hisoperty. the . Mr. Deacon deposed that the prisoner place things in his custody in July, 1843. a nd The prisoner said he would reserve his defence, was fully committed for trial. c ha rge of William Beckley was finally examined on ti ch n , embezzling 801., the property of his' emPileiroad' Nutley, a wholesale cheesemonger, residing i" street, Bloombury. 111 The facts of the case have already appeared prisoner was fully committed for trial. WORSHIP-STREET. „ w ho, ; 4 0, Yesterday an elderly man, named Robert Ifr'Y os of ''' for nearly twenty years, carried on the busil,i_evisi bookbinder and stationer in Brick-lane, St. 1 ,014 ' charged before Mr. Broughton with receiving, „rd.! quantity of printing materials, the property 01_, Ford, a master printer, in Beech-street, Barieat" tw elc s u The prosecutor, a .Quaker, had, for the f ar the a i or a , a a t Months, missed a vast quantity of property , f count, eV appearance of which he was at a loss to se his t or his suspicion at lengp rested upon four of mere 11% tices, upon whom he set a watch, and who a bout detected. The boys were given into custrin. t he weeks ago, and examined at this Court c and dence being clearly against them, they mitted to the House of Correction for one ice labour. harpt 'wer li e e o e ci' tu ch - s labour. - .The boys had, all through, refuse,".,ed th ell o o information as to the person who had jinni:: „ r isen rob their master; but, on coming out °__r,rison'A Thursday last, they went to the house of /1 1 4 t urt e ; who gave them a lodging for that nigh t ; en der them out in the morning, and refused O r wh ich, t iin g any further assistance; in consequence 0 ' an d fee' were obliged to go back to their m aster , be t he a f sia very indignant at what they conceived t or t he w ° , o b.. goner's ingratitude,related to the proseeFa, b e an os c facts of the case. They stated that they n"' t h e to f a ts' bins their master for the last eleven 1 110 , 11 " es ; and shameful extencoltype, boards, iron evt, e ither rials of every description, all of which t" - i' to l e ir ried to the prisoner's house, or delivereo before - t ore , sonally in the early part of the niorni n g' t el r o ck master was up, the prisoner coming a broos ron, so u oleo ing to receive it and take it away in an a P ro olisirta so. time urging them to get him more, r„e they, with they should never be without a shilling WiuLi ca te ti _dor The prosecutor, on learning the fact,conto_se on s e v. se , the police, who went to the prisoner's 1, . 1 •_` . , 0 : 3 00 night and searched it, where they found Li; °lat is . ' sf er creted in a cellar under the stairs, elevenosv ecutorr, be in a closet, and a great quantity of the P r a d r itiVer . t borP made up into books, and brevier Woe Lloyd, Bees .013/11 prisoner was then taken into custo y. _.„ e d ab be Mansfield, and two of the apprentices that a t Cor Franklin and John Summer, clearly aaid charge, and the prisoner, who merely wa s wa s nv deal of what had been stated against 17 tr ial. rect, was fully committed to Novgate, to „:000 ARCHES' COCRI Feb. 7. THE OFFICE OF THE JUDGE PROMOTED BY TITCHMA.IIBII AGAINST CHAPMAN. This was a cause, which in its preliminary stages has been several times noticed, in which proceedings have been instituted, under the Church Discipline Act, against a clergyman (the Rev. William Herbert Chap man, Rector of Basingbourn, in the province of Ely) for refusing to bury the corpse of a parishioner (the infant daughter of a member of a congregation of Independents), without sufficient cause for such refusal. The defen dant at first appeared under protest to the Court's juris diction; on the ground that the time limited by the Act ' had run out ; but this protest was overruled, and an application to a Court of law for a prohibition failed. The articles were subsequently brought in and admitted, and an allegation was stow offered defensive to the articles, which pleaded the law and a justification upon the facts. As this, in point of form, was only a question as to the admissibility of a plea ex parte,—though the decision of this question may possibly decide the case, — and as the argument on the part of the defendant in support of the allegation was only part heard, we shall at present restrict our report to a statement of the nature of the defence set up by the defendant's counsel. After the QUEEN'S ADVOCATE and Dr. ADDAMS, on behalf of the promoter, had argued against the admissi bility of the allegation, principally on the ground that the question had been already decided in the case of " Kemp v. Wickes," and " Mastin v. Escott"—the latter decision having been affirmed by the Judicial Corn. mittee on appeal— Dr. PHILLIMORE, for the Rev. Mr. Chapman, observed that this was a proceeding pro salute animie, under the 68th canon, by a person whom he maintained to be, according to the law and language of the Church, and in the sense of the Church, a schismatic or heretic. He did not deny, after the decision in " Mastin v. Escott," the validity of lay-baptism ; but he set up that this was a heretical baptism, the effect of which was a question which this Court and the Judicial Committee had specially reserved. The first point, therefore, was, whether this baptism was heretical or schismatic ? secondly, if so, what was the effect of such a baptism ? And there was a third question, namely, whether a member of an Independent congregation could proceed, under the canon, against a clergyman of the Church of England, to punish him pro salute animie ? The Learned Advocate then proceeded to show what was heresy, defining a heretic " one whose opinions were opposite to those of the Established Church," and a schismatic, " one who separated himself from the true Church ;" and he cited the Statutes 1 Elizabeth, c. 1, 29 Car. 11., the Councils of Constantinople and of Chal cedon. The effect of heretical baptism he showed from St. Augustin, and that it required something to be done before a person so baptised could be admitted into the boom of the Church. Sir H. J. FUST—Do you mean to contend that hereti cal baptism is no baptism at all ? Dr. PrimustortE—No ; it is good after certain cere monies are performed. The ceremony of baptism is not required to be performed over again. There are defi ciencies in the performance of the rite which must be supplied. Here is a heretic putting forward a canon of the Church against a clergyman pro salute animas. We do not interfere-with the civil rights of the party ; this is no question as to a civil right, but as to a spiritual right. Ido not say that the party is not a Christian. The Con RT—Then she is entitled to Christian burial. Dr. PUILLIMORE — CertainIy, in their own cemetery. The COURT—Then it is compulsory on such persons to provide cemeteries for themselves? Dr. PMLLIMORE—My argument is, that you cannot permit a heretic or schismatic to put in motion a canon cf the Church for punishing a clergyman for the good of his soul. The COURT—Is this child a heretic ? IDnaf O anle n ,to t r l yf ie ,a 31 st ult., at the Grove,_ B IBTES . 'qrs. PO P son. • t lO W On the Ist ' Richards, Adjutant of the 3d Regiment of Dow - Southwark, . _.., of a l s n o s n t . ., at Paris, the lady of LitiLentallayiotiro WO of O w n . tp . e c 2 o d p in e, sEt.4a,tofGarovoone:terrace, Kentish -town, the ~ Mrs Ri m JaOmnestiGier2ondeinostf.,aindoooxfghotrodr:terrace, Hyde - P ar ' • ....A ..:,... the 7"- On the 4th inst., at Greenlands, Buckinghanisiw— of George Jackson, Esq., of a son. the i (WWII 131trd On the sth inst., at Kensington, Jetty O. low, of the 61st Regiment, of a daughter. the MARRIED. b• On the Bth inst., at St. Mary's Church, Nellsing° v tobell°, -- 6 Rev. J. R. Pitman, John S. Bailey, Esq., of °-- Thotlio Edinburgh, to Emma Margaret, third daughter ox De Vear, of 8, Kensingtoti-crescent. DIED. Esrl 6 On the 3 d inst., at Canford, Dorset, Frederick' red 28 ' Bessborough, aged 87. ESq. , il ios biter On the 26th ult., in London, George Lister , i .wo ht., On the 27th ult., at Somerley, near Brigg9,l'llith VP Edward Weston, Esq., formerly Captain in t l ' e ' viss ent f' D rag oons, aged 71 . s 4. On the 4th inst., at Thistle-gr homes ove, ... formerly a Captain in the Militia, aged 82. Allist °— On the sth inst., Sarah Ann, the wife of John Esq., of Russell-square. icic-s c e;o 9' On the sth• inst., in Hunter-street, Bruno - a zed ' Mary, the widow of the late William Beckett, Esl4-Xlhert" On the 4th inst., Mr. Richard Stafford Raw lin* ' terrace, New Kingston, Surrey . coni niere t '01 4°84 On the Gth inst., at Comm ercial- p lact, Thoas Hall Esq., aged 85. - 19 Dre4l On m the 6th , inst., at Wamham Court, Sussex, Ile o croft, Esq., aged 56. Mr. Henry Rimell, of New Bond-street,_ 59' Dr. PlinumoßE—Yes, in one sense. The COURT—I can understand why a child who has not been baptised at all should not have burial ; but I cannot understand how a child should be refused burial because it is a heretic. Dr. PRILLIMORE—The child was baptised in heresy and schism.. The COURT—The canon excepts su ch as .6 have been denounced excommunicate majore excommunicatione Id for some grievous and notorious crime." Has this chi been so denounced ? You do not distinguish between the effect of heresy and schis m on the party . ad nu tering the rite and on the pa rt y to whom the rite is ad ministered. Dr. PHILLIMORE—The part d e ceased is exclude d y from a spiritual right by the fault of her parents. The ar , Iment stands over till next Court day. London: Printed and Pub lished by MIJRPO the No. 112, Strand, at The Sun Office, N 0.112, Straua, County of bliddle6ex, Thursday, Febrnary 8, 1844' The Hon. Manners Su the had 'an in we.terview with L , Wharncliffe yesterday at the council-of . ~. L' R Aro n , I to„ eh( Afa to .% p tlaY of "The Nikon Itie the cc thain The the fol Resc Of the ern R, Rev troject the t,Pon 1 Janus Re; project 1, 4)0n 20 0,001 . lito2l 01 Xte .o, ; - think Ites, bogie, Res, +greet Re s , 'Re s , tlectb Re; c ork tilt of Rea %lid L (brup Ter ....____ an %net c d , Put lwith 141: 11 , ought I li Tv 1 41 111(