The Sun. — London, England, 1832-08-17 00:00:00

A L-71..,) - /7 4 4,-1„.... , )--z , e-- 4 Ple--- g- 0 7 ,f,d-Z - .Z,.- - 6 / ' ''''/C4----;-4-117- 17ee-e -//c2 c - /) "' e-i----- --2-' (4------- <-.. .r* 7 1 -, ( 1' ( "?‘." '-' ' '. " " - --...i1.:1:Me ? ~'_ 1 ugh . .l*Lit. LvE f.• - • " 4,,A7 0.: Lt, •• ti.. ••• te-.=l: - .7q I.lmrs.:`, $ . •-_‘?,-- - -:-4 ,ii, , 11 , 2Lr4 fir; e , 1 1,. 4 (-- , ,,,„.,,1.,•.,,,z,v..,2.,,,___--,,1t ...W.‘,::. ,O ;..7 A, ;? ~. , , • s 4.11 ) \ ti .- - - rv - itA K • ~ 1,. • ',-. .q. ,, ,:-," cs ,. - ,' / "" 'l.. ,1:,......,_ • :, ~ • s - gar:*' s" ' ' 4 '7 l' , . ~-., -- ,- --t r ,'"'' .. , f, ''' ''' *t*'4 4o4 :•''s , ''. ...*- --- 0 . . ~,L t , ,- •,, . lidll . - . -- ,- - i i i i,. ot 0 . ,-6 - • 9 ,~ i` NEW WORK by the AUTHOR of " DARNLEY." This day was published, in 3 vols. post Bvo. HE MASTERTON; Or, THE YOUNG CAVALIER. By the Author of " Darnley," B.:c. "" A tale of true love, civil war, - and domestic hate. The scene is laid in England and in France, and the period includes the stormy, yet brilliant era of the rule—we ought to say, reign—of Oliver Cromwell. We have characters, too, as various as the times in which they flourished."—Athena um. " This novel is one of the ablest and the most entertaining of any that has been put forth since the magic pen of Sir Walter has ceased to enchant the world."—Courier. Henry Colburn and Richard Bentley, New Burlington street. UNDER THE SUPERINTENDENCE OF THE SOCIETY FOR THE DIFFUSION OF USEFUL KNOWLEDGE . EXTRACT from the REPORT to the GENERAL MEETING, slated 30th June. 1832 : " The success of the Penny Magazine has induced the Corn. mittee to undertake the publication of a PENNY CYCLOPEDIA, in Numbers and Monthly Parts. A work of such magnitude and novelty requires all the assistance which can be afforded it by the members of the Society, both in London and in the Country, in order to give it publicity and circulation." The Committee think it right to announce that the " Penny Cycloptcdia," advertised by them in their Gene ral Report, is in preparation, but that the first Number will not appear till January, 1833. The Committee have felt it necessary to come to this determination, from their anxiety that a work of such labour and importance may be properly executed, and that no possible interruption may take place when the publication is commenced. It is necessary to guard the Public against an attemp to impose upon them a surreptitious publication, in conse. quence of an Advertisement in the Morning Papers o this day, stating that the " Penny Cyclop2edia, No. I,' is now ready. By order of the Committee, Lincoln's Inn Fields, THOMAS COATES, Sec August 16, 1532. HANTS.—ESTATE AND MANOR. TO BE SOLD BY AUCTION, By Messrs. CRAWTER, At Garraway's Coffee-house, 'Change-alley, Cornhill, on Tugsnav, September 11, at Twelve, in Lots, in come quence of the death of the late Mrs. Brockholes, THE Valuable FREEHOLD ESTATE of HALL PLACE FARM, with the thriving Wood lands, containing FIVE HUNDRED AND FORTY ACRES of desirable Arable, Meadow, Pasture, and Woodland ; to gether with the Manors of BENTWORTII AND BENT WORTH HALL, with the fines, quit rents, and beriots attached thereto; the whole situate at Bentworth, near ALTON AND BASINGSTOKE, in the county of Hants. N.B. Part of the purchase money may remain on mortgage, if required. May be viewed by applying to Mr. Cowdery, of Hall Place Farm; and particulars had at the Swan, Alton and Alresford ; George, Winchester ; Coach and Horses, Southampton ; Angel, Basingstoke ; Bush, Farnham ; of 74 'iessrs. Pi:kington, solicitors, Preston, Lancashire; Messrs. Blakelock and Fiddey, Serjeant's Inn, Fleet-street ; Mr. James Molyneux Taylor, solicitor, No. 12, Furnival's I " ; Mr. Taylor, No. 20, York- place, City-road ;at Garraway's ; and of Messrs. Crawter, Cobham, Surrey, and Southampton -buildings, Chancery-lane. ' SURREY.—ESTATE AND MANOR. TO BE SOLD BY AUCTION, By Messrs. CRAWTER, At Garraway's Coffie House, 'Change Alley, Cornhill, on TUESDAY, Sept. 11, at Twelve, in Lots, in copse- Tsequence of the death of the late Mrs. Brockholes, HE Excellent FREEHOLD ESTATE; comprising the Upper and Lower Farms, Banks's and Lee Woods, sundry cottages, and detached lands, con taining upwards of EIGHT HUNDRED AND FORTY ACRES of valuable Arable, Meadow, Pasture, and Wood Land ; together with the MANOR OF EFFINGHAM, With the quit rents, fines, and heriots, and extensive com- Mon rights, the whole beautifully situate in the most pic turesque part of the cour.ty of Surrey, and intersected by the turnpike road from LEATHERHEAD TO GUILDFORD: well timbered, and abounding with game, in a sporting part of the county. N.B —Part of the Purchase Money may remain on Mortgage if required. May be viewed by applying to the tenants, and particu , lars had at the Spread Eagle, Epsom ; Swan, Leather head; Red Lion, Dorking ; White Hart, Guildford ; King's Arms, Godalming ; Griffin, Kingston ; at Messrs. Pilkingtou, solicitors, Preston, Lancashire ; Messrs. Blake lock and Fiddey, solicitors, Serjeant's Inn, Fleet-street ; Mr. James Molyneux Taylor, solicitor, No. 12, Furnivars I nn ; Mr. Taylor, No. 20, York-place, City-road ;at Garraway's ; and of Messrs. Crawter, Cobham, Surrey, and Southampton Buildings, Chancery-lane. IMPORTANT INVESTMENT. HI GH -STREET, SHOREDITCH ; OLD-STREET ROAD, and the CURTAIN-ROAD. TO BE SOLD BY AUCTION, By Messrs. CRAWTER, At Garraway's Coffee House, 'Change Alley, Cornhill, on WEDNESDAY, September 12, and following Day, a t Twelve, in Lots, in consequence of the death of the late Mrs. Brockholes, FOUR HUNDRED HOUSES; corn prising part of the HIGH-STREET, SHORE DITCH, OLD STREET-ROAD, both sides the CUR TAIN -ROAD, tie whole of WILLIAM STREET, CHARLOTTE-STREET, BATEMAN'S ROW, and ad joining Premises, containing many first-rate situations for Business of any kind ; many very desirable Private Resi dences, with convenient back premises. There are now on the Estate several very thriving establishments, consisting of an extensive timber yard, carrying on a lucrative trade, &st rafe liquor shops and public-houses, a Birmingham and Sheffield warehouse, a large wadding manufactory, exten sive cabinet warehouse, carcass butcher's, potatoe ware houses, a convenient brewery in full trade ; moot).- stabling and yard, occupied by a carman ; a rope walk of consi derable extent, carpenters' yards and shops, and various other businesses. The whale situate in a populous and thriving neighbourhood. May be viewed by permission of at, tenants, and par ticulars had of Messrs. Pilkington, Solicitors, Preston, Lancashire ; Messrs. Blakeluck and Fiddey, Solicitors, SerjPant's Inn, Fleet-street ; Mr. James Molyneux Taylor, Solicitor, No. 12, Furnival's Inn ; Mr. Taylor, No. 20, York-place, City. Road ;at Garraway's ; and of Messrs. Crawter, Cobham Surrey, and Southatnptou-buildings, Chancery -lane. THE Late ° J. ABERNETHY, Esq., Surgeon, &c.—His ANTIBILIOUS PILLS, Prepared by Dr. USON. These Pills are the most effica cious remedy ever discovered fn.Medicine, for removing Ob structions of the Liver, Stomach, Bowels, and Kid tleYs. Their operation is gentle and certtttn, and they may be take n at all seasons, under all circumstances, and by t he most delicate individuals, without the slightest risk of "id, or inconvenience of any kind. The - °f the S hould Inaeli at uri ne; eo unten restless His ttromatil and rest all diseL b ead -a c I 'tatnael t'irbed raini 'Tstere no other medicin e during a practice of fifteen ar a , partly in Europe, but chiefly on the American con tinent. They are equally beneficial to both sexes, and Clay be given to weak and delicate children. They are 44 0 most admirably adapt e d f or females at a certain of life. Abernethy's FAMILY APERIENT MIXTURE, the 4fetit and mildest aperient known ; an invaluable remed f° ' Persons leading a sedentary life, cholera, diurrheea, &c . y th e old w h o l esa l e an d re t a il (by D r . U son ' s appointment) at 1 6n Proprietor's, J. Fleming, 8, Holborn -b ars ; Sanger, -, Oxford -street; Johnston, 6:3, Cornhill ; Prout, 226, 1,• 'Ple•bar ; Fisher and Wagstaff, 76, New B on d- street ; 14, Edgeware-road ; Cave, 27, Bridge- s t reet, alacietittninster; Stirling, 86, High -street, Whitechapel ; at all the wholesale and most retail houses in Town 4 1 it, vicinity, and also throughout the United Kingdom. u , k B.—None are genu i ne un l ess s i gne d by b ot h D r. .n and John Fleming on the outer wrapper, also in the :ction paper which is enc l ose d w i t h eac h me di c i ne . !.* Ask for Abernethy' s Pills and Mixture, as prepared s2r. Uton. , tt HO ARDS OF BEALT H .—A carpenter ' s w if e , , t ' l udderstield, being informed th at B oards of Health were Ane!lary to preserve the public fr om c h o l era, s h e went an d k 4 ,q the d octor w h a t woo d th ey were made of, that her 1°44, 1 might make his ewn !—Leeds Intelligencer. symptoms which generally arise from disorders above-named gany, are pain in the limbs and / 0( lers ; f u l ness , diste tion, and pain a..fktlie 1 and bowels ; pain in the loins ; id an arty numbness' and ramp of the thi. and legs; the 'Hance and ski generally of . ii ..y appearance; s nights, std t e spirits at t'. es very low. STOM CDI . I E PILLS, prepared : USON.. hes• Pis .re a mild and stimulating tie, ten.' ~• . ‘ .d . other medicin e s to invigorate stor • a w• a! • . .ta of the digestive organs. In mses wh ch ari e from disordered digestion, such as che, fll ulency lowness of spirits, acidity of the :h, itre. !alit, of the bowels, loss of appetite, (Hs- , r r p e d s t, c p, spasms, Sze. &c. D r . U son has ad- _ .. No. 12,400.) POLICE INTELLIGENCE BOW-STREET. Yesterday John. Roberts, alias the Rev. John Ar chibald Roberts, was brought before Mr. HALLS, in order to be finally examined on the charge of having forged the signature of Mr. Alexander Mackenzie, a merchant of London, to a bill of exchange for 167/..5a., on the house of Baring, Brothers, and Co., of Bishopsgate-street, which bill the prisoner passed to Mr. William Hudson, partner of Mr. Manton, the guamaker. The prisoner, when brought from the lock-up room, and placed at the bar, took his prayer-book from his pocket, and, as on the former day, kept his eyes on it during the examination, without, how ever, turning over a single page. The evidence taken on the former examination was then read over, and signed by the several wit nesses. Mr. Hudson, the principal witness, had been re minded of one or two circumstances which had oc curred at his apprehension, and which he had omitted to mention on Monday. When he (Mr. Hudson) entered the prisoner's apartment at Cam bridge, he said, " Well, Mr. Roberts, you have led me a pretty dance, but I have found you at last." The prisoner, upon being thus accosted, prostrated hitaself,and said, "For the love of Christ, do not pro secute me. Mercy, mercy, mercy, mercy ! It shall be made all right." The reply which he (Mr. Hudson) made was, that he had committed a vile fraud, and must take the consequences. The pri soner then offered to give up every thing he had, stating that he was in possession of more property than would cover the amount of the forgery. The witness, however, would listen to no offer of com promise, and gave the prisoner into the custody of Ellis. Mr. HALLS asked how it was that Mr. Hudson was so readily imposed upon by the prisoner ? Mr. Hudson—Why, the fact is, that I was deceived by the apparent respectability of the prisoner, and his plausible manners. I was also under the impression that he was the brother of Mr. Gore Langton, ac cording to his own statement. Mr. Alley asked Ellis what property he had taken from the prisoner. Ellis had found in the prisoner's trunk two Bank of England notes, one for 1001. and the other for 50/.,together with two notes for twenty dollars each, and one for ten dollatF, upon the New York and New Jersey American Banks. Mr. Alley, after commenting upon the improper practice of officers detaining money belonging to prisoners until after their conviction, when, in most cases, it fell to the Sheriff, said, he understood that the prisoner had a wife and family, and he hoped that the Magistrate would order the two Bank of England notes to be handed over by the officer for their use. Mr. HALLS having ascertained that there was no fresh charge likely to be preferred against the pri soner, consented to allow the 50/. note to be given to his family, but ordered the note for 1001. to be detained for the present. The prisoner, on being asked if he had any thing to say, raised his eyes, and answered " Nothing, now." Mr. HALLS then told him that he must stand committed for trial. Mr. Alley, on behalf of the prisoner, requested that he might be sent back to the New Prison, where he had hitherto been confined, instead of being sent to Newgare. Mr. HALLS really did not feel that he ought to make any difference between the case of this pri soner and that of any other person placed in similar circumstances. If he could be induced to draw a distinction between the educated and uneducated, it would certainly not be in favour of the former, and more especially he would make no exception in favour of a man whose education had been bestowed upon him for the purpose of instructing others. The prisoner was then removed from the bar, and subsequently sent in the common van to Newgar e. The prisoner is the son of an officer of revenue at Liverpool. He is now 26 years of age, and was residing some months ago in New Jersey, from which place lie suddenly absconded, in consequence of a similarcharge having been preferred against him. UNION- HALL. On Wednesday a grotesque-looking figure of a man, named Peter Townsend, who described him self the original inventor of kidney-puddings, was brought up in custody, charged with stealing a wheelbarrow and seven dozen of beef, mutton, kidney, and eel-pies, which he was entrusted to convey to the encampment at Windsor, to sell at the review. John Williams, a flying-pieman, who attends all the fires that occur in the metropolis, stated that he met Townsend last week, who complained that business was slack in his way, and asked to be em ployed on some job. The complainant knowing him to be a man who " got up" all sorts of pies well, but more especially kidney-puddings, at once engaged him, and set him at work making different sorts of pastry, to please the palates of the visitors at the review. When the defendant had finished his work, and made up all his pies, it was then agreed that he should be furnished with a wheel barrow or machine, to convey them to Windsor, and for his work and loss of time he was to have had one-third of the profits arising from the sale of the dainties. All being in readiness, Townsend set out from the domicile of his employer, in Royal Tent court, Kent-street, for the seat of royalty at Wind sor, on Thursday, in order to be there in good time. Unfortunately, before he got clear of the purlieus of St. George's, he met with an old acquaintance, who induced him to enter a beer-shop, and he there swallowed such a quantity of new ale, which not being accustomed to, as he describes, took such an effect on him, that he scarcely knew what he was about. Instead, however, of taking the road for Windsor, he bent his course over London Bridge, with the wheel-barrow and pies; and having had another drop to wet his whistle, he mechanically turned to the right on getting into Gracechurch street, and never stopped until he got amongst his old pals in Whitechapel. As he was pretty " well breeched" for the journey to Windsor, and his companions flocked about the wheel-barrow, he was well disposed to " stand treat," and in they all poured to a neighbouring house, where " blue ruin" was the order of the day. Peter Towns end, on coming into the air, became so giddy, that when he took hold of the wheel-barrow, down he fell plump into the kennel, and the pies rolled out of the barrow in all directions. The " chapel birds" were abroad at the time, and there was a general scramble for the savoury patties. Poor more i than i e a t h e a d l f Peter hims e lf, owing , to his bei ng 4 ` n tc's in liquor," was incapable of saving dozen from the general wreck. The circumstance, however, which rendered his conduct more repre hensible than that described, was that after all had happened, losing the whole of his employer's pro perty, and spending the money advanced to him, he left the wheelbarrow in pledge for a debt he con tracted at his lodgings. He never went near the complainant, who met him by accident yesterday morning on London Bridge, and gave him into custody. The Magistrate asked the defendant what expla nation he had to give for his scandalous conduct to the man who had employed him at a time that lie was in distress, and without work ? Townsend—. Your Worship, I am really grieved at what has happened; but my losing the pies oas all owing to some new ale which disordered me LONDON, FRIDAY EVENING, AUGUST 17, 1832 these sickly times, and made me spill them into the street, and they all got jumbled together, kidney, mutton, and eel, and I was afraid either to go on to Windsor or to go back to my employer. I'll pro. mise your Worship, if you will allow me, to make good the pies to Mr. Williams, and being the inventor myself of the real kidney puddings, he shall have them as good as have ever been turned out of hand. Williams said that he wanted his barrow, and that upon application for it the persons who had it in their possession refused to give it up, on account of a debt the defendant contracted, and for which be left it in pledge. The Magistrate said, that notwithstanding the defendant represented himself to be the " sole in ventor of kidney puddings" he should not escape punishment for the heartless manner in which he had behaved to the poor man who employed him. He was then remanded, and the parties who had the barrow were ordered to attend the next exa mination. SUMMER ASSIZES. OXFORD CIRCUIT.—GLOUCESTER, Aug. 15. John Davis, aged 50, was indicted for an assault on the person of Ann Carpenter, a little girl, eight years of age, with intent to commit a rape. From the evidence of the prosecntrix, who was a pretty but delicate-looking little girl, it appeared she was sent by her father, a travelling wirewotker, from Ewing to Cirencester, in charge of the prisoner, and that on the road he committed the crime with which he was charged. The mother of the little girl stated, that, from the ap pearance of the child some short time after the occurrence took place, she was induced to take her to a surgeon, to inquire into the state of her health, and that the little girl then for the first time told what happened to her, and it was discovered that she had contracted a dreadful disease from the prisoner. The Learned JUDGE, in addressing the Jury, told them that there was a vulgar prejudice in the minds of persons in the prisoner's state of disease, which too often induced them to commit the crime with which he was charged. The prisoner was found Guilty, and sentenced to one year's imprisonment and hard I ibour. PARKeS V. MOORE. This was an action brought by the plaintiff, who is a tailor, to recover compensation for the illegal distraining his goose by the defendant. Mr. Serjeant LUDLOW said that the plaintiff was a tailor, carrying on a prosperous business at Blackney, in th s county, but who had the misfortune to be the tenant of the defendant, who, when his rent was only due five days, in the most heard-hearted manner seized one of the most important implements of his trade—his goose.— (Laughter.) Mr. Justice BOSANQULT supposed that it was for seizing the goose that the present action was brought. Mr. Serjeant LUDLOW said that it was. When the distress was put in, it would be shown that the defendant actually seized the goose at the very time the plaintiff was operating with it. There were ample goods on the pre. rnises to satisfy the distress. This the defendant had no right to do, and the plaintiff therefore sought compensa tion for the serious inconvenience he had been put to by the loss of his goose. James Boyce stated that he had been employed by the defendant to make a distress on the goods of the plaintiff. This was on the 29th of December last. The defendant gave a written authority to distrain the plaintiff's goods: the authority was lost. The demand was 121. 10s. The plaintiff was a tailor. He went to his house, and began making an inventory of the goods. While another man was taking them, the women were throwing them out of the window, and carrying them away in their aprons. Among the things which he took was a tailor's goose out of the garret. The plaintiff was in the kitchen when he saw him, but he did not think he was in the house when he seized the goose. The goose was not in use above stairs ; the shopboard was below. The value of the goose was about 2s. Mr. TALFOURD, for the defendant, said, that from the• manner in which the case had been opened by his Learned Friend, who introduced it with all "the pride and pomp of circumstance," he thought that the plaintiff had been one of the Commissioners for the regulation of the forest of Dean, where this cause had taken its rise, for in this case he magnified tailors into men, and their geese into most important personages ; he submitted to the Jury whether the Learned Serjeant had made out any case for his client. Verdict for the defendant. The cholera is on the decrease here, there being only three new cases these two days, and one death. SOMERSET Arra. 15. The Judges dined on Monday at Kingweston, the seat of William Dickinson, Esq., and arrived at Wells about eight o'clock the same evening, accompanied by the High Sheriff, Sir Henry Strachey, Bart., when the Commis sion was opened. On Tuesday morning both Courts were opened for the despatch of business, Mr. Justice Patteson presiding in the Crown, and Mr. Justice Taukton in the Nisi Prius Court. James Duch and John Dancer stood charged with stealing a heifer, the property of Mr. Shepherd, of Kings. bury Episcopi. Mr. Shepherd examined—Am a farmer living at Kings bury ; my cattle were at the time of the robbery kept in a ground called W es t M oor , cons i st i ng o f s i x yearlings, two heifer., and one two-year-old steer; did not see the stock for a week previous to the time, as they were left to the care of the man, Thomas Elliott. Thomas Elliott—Had the care of the stock, which I took from the farm to the moor ; cannot remember the day of the month the heifer was stolen, but it was on a Wednesday; saw the stock, and missed the one in question on the Thursday; they had been in the moor two months; saw the skin of the heifer last Wednesday at Mr. Lyde's tan-yard, West Lynbrook ; knew it by particular marks, namely, T. S. on each rump • it had also T. S. on t h e near horn Is lien in th e moor. 2 John Lyde—Am a tanner, residing at West Lambrook ; remembers Robert Denman, a butcher, bringing a skin Into the yard on the 27th of July ; took it from him and put it into the water pool, as is generally done. Robert Denman—Am a butcher living at South Pather ton ; remember passing Joseph Harris's slaughter-house at Over Stratton, and seeing parts of a heifer hanging up; the prisoners at the bar were there; they said they had been killing a bullock ; Duck offered to sell a part; we agreed at 225. 6d. for a quarter, and half the hide. Dancer said he had the bullock from Pitney, near Lang port, and had got Duck to help him ; took the hide to Mr. Lyde's yard the same day, at the usual price of 3d. per lb. James Marsh and Robert Rya!ling deposed as to the prisoner being at the slaughter-house of Harris, and uffering the meat for sale. John Tolbut here produced the hide to the Jury, which was indentified by the prosecutor. The prosecution having been closed, the prisoners, in their defence, said they bad purchased the bullock, and gave six pounds for it. The JUDGE having summed up, a verdict of Guilty was returned, and, under the new law, they were sentenced to transportation for life. NISI PRIUS. (Before Mr. Justice PATTESON. ) MARSHALL V. PITMAN. Mr. ERLE opened the pleadings, and Mr. Serjeant WILDE stated the case to the Jury, which, he said, was an action of replevin, in which the plaintiff, an apothe cary residing at Shepton Mallet, complained that his goods had been seized for poor-rates, which he was unquestiona bly bound to pay. There were four rates of assessment : th e first was dated 28th September, 1831, in which the plaintiff was assessed for house and garden 1/. 16s. and for profits on his stock in trade 13s. The other three rates were precisely the same. He paid the I/. 165., but refused to pay the 13s. Marshall admitted that he sold drugs and dispensed medicines; and that he made a con siderable profit on those medicines he (the Learned Serjeant) thought there could be no doubt; it was, in fact, so well known that the profit was great on pills and such agreeable mixtures. He charges, too, occasionally for attendances. A remarkable fact in this case was, that when the plaintiff was in partnership with a Mr. Mines, an apothecary of Shepton Mallet, their stock in trade was rated and regularly paid ; but in 1830 Mines died, and Marshall had since refused payment. If the plaintiff bad thought himself not'liable to the rate, he should have ap- pealed to the Quarter Session ; but as he hail not done so, he could not make it a ground of objection in this action. After hearing evidence, the Jury, by direction of the Judge, returned a verdict for the plaintiff, subject to a question of law to be decided by the Court above. BISHOP PHILLPOTTS AND THE CHOLERA. EXETER, AUG. IC—The cholera, which made its appearance in Exeter about a month since, has been, on the whole, severe in its operation, though by no means to be compared in virulence to the fea ture it has manifested at Plymouth. Trade, how ever, has suffered great depression in consequence, for nearly every one who has the means has taken himself off to the coast, or the secluded inland vil lages. Bishop Phillpotts has very snugly housed his episcopal person and family in the beautiful neighbourhood of Teignmouth, taking very good care to keep seventeen miles of good fresh air " be tween the tainted wind and his nobility ;" and there is this holy man to be found, if any one should happen to want him, or if any contingency should arise in which it would be necessary for the Clergy to consult him. Many inconsiderate persons have ventured to censure the Bishop for departing from his episcopal palace at a time like the present; but we are not aware that he attempted any sanatory regulations prior to the arrival of the pestilence, or that he attempted anything effectual to put the citi zens in a proper state to meet its approach. After nearly twelve months' warning, it approached like a thief in the night, and it was not till several most malignant cases had appeared that our prudent shop keepers would admit that we had it. It was then discovered that we had no hospital for patients, and no burying-ground for the victims—that the Board of Health had no power to enforce their regulations, as the Aet did not apply to Exeter--all the pa rishes being incorporated. We have but two places of public sepulture here that are generally used : one of these is in the heart of the city, directly in front of the county hospital ; and the other hds a dense population on three sides of it, with four Dis senting places of worship and two large schools verging close upon it. In addition to this, the ground has long been considered to be " full," and it has for some years past formed the subject of complaint against the corporation, whose property it is, that they did not provide a better place. How great then was the surprise of the inhabitants when they discovered that in these places it had been deter mined the cholera subjects should be interred ! Bishop Phillpotts was strongly urged to consecrate some piece of ground apart from the city, and one piece, Bury Meadow, was mentioned as the most eligible spot that could be selected. This spot was objected to by the Bishop, because it had one path through it that was used by a very few inhabitants on their way to church. Mr. John Dymond, a most respectable man, a member of the Society of Friends, hearing this notable objection of the holy Priest, said, "With due respect to thee, Henry (or William —I have not yet learnt his Christian name) Phillpots, I do not see the force of thy objection. Bury Meadow has but one pathway through it, and that but seldom used; whilst Bartholomew-yard, the place alluded to, has three pathways through it, and each of them in constant use." The Lord Bishop, however, had more power than the Quaker; and, though defeated by his logic, he took shelter behind his prerogative, and refused to consecrate the ground. The pestilential nuisance continues up to the present moment, one impediment after another being thrown in the way of removing this nuisance, that adds another brilliant specimen of the benefit of ecclesiastical and corporate domination. Our Board of Health has shown that it is constructed of wooden materials; our corporation have maintained their glorious consistency in disregarding the welfare and wishes of their fellow-citizens ; and our Bishop— but he is best where he is. How unlike the noble and the Christian conduct of Bclsunce, commemo rated by Pope, whose exalted conduct during the plague at Marseilles has placed an everlasting halo of glory around his sacred memory : " Why drew Marseilles' good Bishop purer breath, When Nature sicken'd, and each gale was death ?" Because he was animated by a feeling of the im portance of his holy office; because he had received that office in the divine spirit in which it originated, and in which he of the pamphlets would do well to imitate. CHOLERA IN THE LUNATIC ASYLUMS, The public will be sorry to hear that the cholera las appeared in some of the Lunatic Asylums 01 he metrop o li s , w h ere it h as ex hibi te d i ts most malig nant character, and already committed much fatal havoc amongst the of cred maniacs. The first cases occurred in the Bethnal-green Lu natic Asylum; arid appeared amongst the women confined in that department of the institution called the Red-house, many of whom the disease carried off. Here, it is worthy of remark, were also con fined male lunatics; but the epidemic, which, it would appear, can be capricious as well as dreadful, passed them by, in the first instance, untouched, while it was thinning the ranks of the women on all sides of them. Opposite the Red-house is a de partment of the institution called the White-house, in which numerous lunatics (men and women) are also confined; every precaution was used to pre vent its appearance in the latter by Mr. Beverley, surgeon of the Asylum, who is known to the public as having been surgeon in the North Pole expedi tion under Captain Parry. The disease, however, despite his humane efforts, which consisted in his stopping up the door of communication, set in a wall between the two buildings sepirating them, and in his boarding up the windows of the White-house, broke out in it, and attacked the women violently, while the men, as in the Red-house, escaped with impunity. It abated meanwhile in the Red-house, but after a l a p se o f some d ays re-appeared there with its or ginal violence, and then attacked the male lunatics. I t a l so, at th i s period, abated in the White-house; but again increased there, and attacked the men as in the Red-house, thus main taining its " capriciousness," if one may so use the word in connection with the subject. Singular to add, during all the above described time, and down to the period of this information, a single case of the epidemic did not appear amongst the lunatics con fined in another department of the Asylum, stand ing in front of, and in close vicinity to, the two buildings mentioned. A most interesting and re markable phenomenon was observed in the cases of the lunatics attacked by the epidemic :—Their mania, it appears, was in every instance suspended while they were suffering from the cholera; and they were perfectly collected and subject to the will of their medical attendants; but in every case of re covery the mania returned with the conyalescence. A similar effect has been observed in France in per sons afflicted with epilepsy, and attacked by cholera; and it goes far to establish Hunter's celebrated maxim—that " two diseases cannot exist together in the same body," follow ing from a letter, d ated the 7th instant, written b y a . SALMON FISHING.--We ex t rac t the re spectable gentlem an to Fort William :—" The take of salmon has been so great in this quarter this season that they have run out of ice, and the fishers, for the last fort night, have had a number of horses employed in carrying down snow from Ben N ev i s for the purpose of packing the fish in. There were twenty horses up yesterday, and it is brought down in creels. This is a new traffic, and has astonished the natives." —Inverness Journal. (PRICE 7D.) CRIMINAL COURT OF APPEAL Every day furnishes fresh proofs of the abso lute necessity of a Court of Appeal, in those criminal cases more especially in which the sen tence is deprivation of life. The most trum pery causes can be carried through Court to Court, and hung up for years ; but a fellow-crea ture's life is deemed an object of too little mo ment to admit of a reconsideration of a sentence, however partial and unjust. A few individuals, for whom Sheriffs and Aldermen may interest themselves, may succeed in obtaining atten tion to their cases by the Home Secre tary ; but here there is as much danger of an improper decision in favour of the prisoner as there is of an unjust decision against him, if the decision of the Judge is to be final. The evidence presented to the Home Secretary is ex parte evidence ; and who knows, if it could stand the test of cross-examination in an open Court ? We arc led to this all-important sub ject at present, by the perusal of an able pam phlet, the production, as we are informed, of a most respectable Magistrate, entitled " Obser vations on the case of David Gulliford and Ben jamin Bartlett, executed on the 2d of May, 1832, at Ilchester, pursuant to their sentence at the late Assizes of Somerset, held at Taunton, for assaulting and robbing Hannah Richards." The name of the Judge is not mentioned in the course of the observations; but we learn that the Judge was Mr. Justice Parke. The facts of the case are thus amply and clearly related by the writer:— " Hannah Richard•, the prosecutrix, aged about 19 or 20, had given evidence against a friend and connection of the prisoners Gulliford and Bartlett, and he was in conse quence convicted of an offence at the Quarter Sessions, and sentenced to be transported. Fur this they bore her enmity, and, with two more men, having met her one night, they used her extremely ill, pulled or threw her over a wall, dragged her about, by which she was severely scratched and bruised, put her into a pond up to her breast, exposed her person, and insulted her in language gross and revolting. Finding some money upon her, one of them said—' We will have the money she has in her pocket, as it belonged to Bartlett (prisoner's brother).' They took the nine shillings and five pence halfpenny out of her stays pocket. They took off her cloak or pelisse, but did net, it appears, carry it away wth them. I was all wet, and quite exhausted : I called murder all the while !' " The account of the outrage was confirmed by a boy named John Hostler, who was in company with the pro secutrix till they fell in with the four men. He also bad given testimony against their friend Bartlett, and dreaded their vengeance. He ran off and left his companion in their hands. He remained near enough to witness the ill usage she received, and be came back to her after they desisted. " Parsons, a constable, deposed to the state of the pro secutrix. She had several bad bruises and wounds, some as large as a sixpence, some as large as a shilling. The skin was off her arm in several places. " The prosecutrix was sent to prison by the Magistrate, and was detained in custody till the trial, which took place a few days afterwards, at Taunton. She was thereby prevented from compromising the affair, which it was supposed and stated by the prosecutrix that the accused and her friends wished her to do. " The two men, Gulliford and Bartlett, being convicted of robbery, a capital offence, were sentenced to die, and left for execution. They were accordingly hanged at Echo ter, on Wednesday, the 2d instant (May). " Great efforts were made to obtain a mitigation of the sentence passed upon these two men. A number of the most respectable inhabitants of Shepton Mallet, and its vicinity, sent a petition, through the Sheriff of the County, to the Judge. Several of the Jury signed a petition to the same effect, recommending the men to mercy. Other applications were made for mercy, we are informed, to the Secretary of State." Somerville, the soldier, committed a breach of military duty, at a time of political excitement, and wrote a letter to a newspaper. He was tried for a breach of military duty, but was sentenced to receive 200 lashes, and actually did receive 100, because lie wrote a political letter. It so happened, that at the time when these two coun trymen were tried, intimidation of witnesses was common in Ireland, and the Judge convicted the men of the robbery, but sentenced them to death, to deter men from intimidating witnesses.— In England, a man is seldom punished for the crime of which he is convicted, but for some other. That the men were executed, not for the robbery, but in accordance with certain notions of the Judge regarding the evils of inti midation, is evident from the following circum stances, stated by this respectable Magistrate : Alluding to another case, No. 208 of tile Calendar, for an offence of a very odious nature, in which the prisoner had every assistance, in which the Judge warned the Jury that death must infallibly ensue if their verdict should be unfavourable, but in which the evidence was strong, and scarcely admitted of a doubt : " A doubt, however (he observes), was raised, and the Jury acquitted the prisoner of the capital part of the charge, and found him guilty of the minor offence. But in one case of assault and robbery, none of this extreme caution and solemnity were observed ; none of this assist ance and these chances were given to the prisoners. There• was no warning and no apprehension of a fatal termina tion; the Jury did not hesitate, and did not recommend to m,rcy. But of the Jurymen, as could be collected, seven in number, signed some days afterwards a petition to the Judge, imploring him to spare the lives of the con victed men, and stating that they were not aware when they delivered their verdict, that the penalty of death would, under these circumstances, have been inflicted. They say, ' If we had anticipated such would be the pro bable result of our verdict, we should, in a hope of in ducing your Lordship to recommend them to his Majesty' , mercy, have expressed our wish that such mercy might be extended to them. In discharge, therefore, of a so lemn duty, aced in justice to our own feelings, we beg now most humbly to express our hope that the lives of the wretched men may still be spared.' To this application the Judge replied in a tone of reproof, and said he could attend to no recommendation of the Jury, except when given in open Court, where he could ask them the ground of their recommendation. And in reply to the petition for mercy from Shepton Mallet, transmitted with a letter from the Sheriff, the Judge replied, through the Sheriff's solicitor, in these terms : 6 He considers it a very gross case on the part of the prisoners, and sees no points for commiseration. He said distinctly that he cannot recommend the convicts to mercy. He laid considerable stress upon the malicious vindictiveness against the prosecutrix, and said it resem bles what is now passing in Ireland, where witnesses and juries are intimidated, and justice and the laws oh structed by their being afraid of their lives!' Such was the find determination of the Judge, and the men were executed. " The Judge, in summing up the evidence at the trial, adverted very shortly to the act of robbery. I n passing sentence, he intimated to the culprits that it was their gross and unfeeling conduct which excluded them from all hope of mercy. He did not say, This is a dreadful robbery—we must punish these robbers—roh beries are becoming frequent.' But seeing clearly what the Jury, and the auditors of the trial, and people of Shep ton Mallet did not perhaps see, that they bad, by the act of robbery, become obnoxious to a capital punishment; and perceiving, what we certainly did not perceive, the painful necessity of this severe example, the Judge, we find, taking a clear, sober, and discreet view of these thing., eagerly seized the opportunity presented to him of the conviction for robbery, to attain that salutary object, !hi capital punishment of these men for the act of maltreating a witness." There' are even legal doubts whether both men were guilty of robbery, because, though it may be true, as laid down by Hale, that " if several persons come to rob, and they are all present, and one actually take the money, this is robbery on all ;" yet here 7701Ze of the persons came to rob, for the design was sudden and mo mentary. However, the accused being ignoran and helpless, offered no argument, and we see what sort of a Counsel for the prisoner a Judge is, when he is determined to put down what he conceives a dangerous crime. The outrage of itself is sot a capital offence, and the man in all England who most yearns for the blood of his fellow -creatures, would not say that for this trifling robbery, two men oug h t to h ave b een hanged. Had there been a Court of Appeal, and the case been properly argued, the sentence of this Judge must have been reversed. " Here (observes this able magistrate) is a verdict—. Guilty'_' Death' —sentence passed, and the nien hanged, nominally and ostensibly for robbers;, but in truth the case tried and proved, that which mainly occupied the minds of the Jury, and may we not add of the Judge, was net the act of robbing, but the assault—the assault or outrage, which alone contains anything of malice prepense or of serious injury ; whereas the robliing or taking of the money, by persons well known to the prosecutrix, living in her neitihbourhood, and immediately identified by her, does not comprise anything of premeditation, nor touch of malice, nor does it constitute a great, or by any means an irreparable injury. As a mere robbery, it is d fficult to conceive a case more slight and insignificant. It barely satisfies the law. There is here no deliberation, no fore sight whatever. Had the men looked to consequences— tad they been aware of the Etal precedent s to ;-.e quoted against them—had they followed the Irish ex a:loes, they had abstained from the act of rum bery, and tie prosecutriz had then indeed been afraid, not for btr shillings, but for her life. We are inclined to persist iii eur notion, that we are warranted in considering the case a, ono of assault,- although, in deference to high authority, we as,ome the robbery to be clearly made out. not we cannot !ook upon it as that sp,cies of ralikery which in practice usually incurs the penalty of death." But the Judge has a particulsr o!)ject—he looks beyond the case beliue Win to Irel and determines that the intimidation so mischie vous in Ireland shall be nips in the bud here. Here even (although we shall always pr otest against Judges being governed in their judg. tnents by circumstances beyond the immediate case) the Judge, so far from promoting the ob ject he aimed at, has produced a result diametri cally opposed to it. " These careless, uncalcu lating men," says the worthy Magistrate,'' when their victim fell into their hands, did not avail themselves of their power to do their worst : they spared life at least. And we take the liberty to add, supposing the protection of witnesses to he the object in view, that this severe example has no tendency in its effect to render mete secure the life of a witness who might NI into the power of desperate unfeeling ruffians. It is not, we repeat, any violation of the rules of law that we feel entitled to complain of on this occa sion. It would be enough fbr the law and for the Judge that these men, in prosecution of an illegal act, did perpetrate a capital felony : and robbery without .aggravation is a capital felony. Let us for a moment throw aside the robbery as not belonging to the subject under consideration. ** * The penalty of death does not seem well adapted to restrain the evil-disposed from the commission of this par ticular species of gross outrage. The evil-. disposed, who are chiefly interested in ascertain ing the probable consequences of their criminal acts, will study to defeat or to evade the penalties. They will seek, and they will find, a mode of committing gross outrages without running the risk of forfeiting their lives; or, if disposed to incur that risk, they will be impelled to the com mission of worse outrages—even the worst sort of outrages—and worse oft'ences than outrages, that is to say, to treat the object of their malignity as we are told (we fear, on good authority) has been frequent in Ireland, to murder them. * * Among the general objects of justice, the redress of injuries should not, even in criminal proceed ings, be wholly overlooked. The loss and in jury sustained by the prosecutrix had, probably in this instance, been compensated, and full re paration made to her, because the parties were neighbours and well known to each other. But Felony must not be conencunded. She was compelled to prosecute, and the course pursued has reduced her to a condition very deplorable. The reluctance of the prosecutix to come for. ward, the strongly-expressed opinion of the Jurymen, the importunity of the petitioners for mercy, the general opinion of the community, as tar as we can ascertain it, all indicate that some obstacle may occur to another conviction for this effence. We may take the liberty to add, that Hannah Richards is, it seems, exposed to annoyance and persecution by the friends of • he culprits, and lives in constant dread of them. l'he two remaining men concerned in the out rage are known to be lurking about, and being in distress and incautious, may probably be taken and brought to trial. In that event, it will be seen whether this girl can again be induced to come forward, and by the repetition of berevidenee strengthen the hands of justice, and help to snsur e the protection of witnesses." Such are the mischievous consequences of leaving eaten ,ive discretionary power to Judges, from whose sentence there is no appeal. The law in this case is to be found in the temperament or in the in tellect of the Judge. If the intellect be weak, ;dorm and apprehension lead to a sentence, , vhich not being expected, instead of detT , r tpi i rum who le, ng will no e l ,l g s e t ri o b c e ks ac a c n e d ss t a l r is y g t t o i t t s h e the x execution if a law which they abhor. In this way undue ‘eaenty always lead to impunity, We wish the ease so forcibly stated by this able Magistrate, who evidently deeply skilled both in the science of aw in genet al and the laws of England in par ictair, were singular. We wish we could say fiat these two men, thus sentenced to death by Judge Parke, were the only lives taken a , ay of late years which ought to have been spared. We must not leave it to Judges to take life, or to spare it, according to their caprice. We muss cot allow them to punish nominally for one _rime but really for another. But, above all, the life of a human being must not be deemed of 'mess consequence than a cow's hide. Shame to he nation which tolerates in a Legislature such barbarity, as to limit and circumscribe discretion in Judges on all controversies for a pound or two, by opening appeals on the ground of mis decision, and yet leave to a single being to uneireumseribed power over human life One would suppose that life in England was yet 00 more regarded than in the days when the only protection for life was the paltry price to be paid for taking it by the murderer. Judge Parke may be a very good and well-meaning man, but it is too much to demand for him an uncontrolled power over life, to be exercised ac cording to his notions or caprices. The Ma s;istrate of Somersetshire has performed a val:ai hie service to the community in thus exposing the deformity of our most capricious Code.— MOriling Chronicle. As a proof that cholera is not confined to row and damp situations, it is stated th it two re.•idents on the highest part of the Mendip hills, in Somersetsbire, have lately died of the malady.