The Sun.
London, England, 1852-08-26 00:00:00

TIIE

THURS DAY EVENING, AUGUST 26,

dustry of our people employed thereon, I
obtained in exchange for our own, it will at OI3CP be.
I
seen that every man's income. consis.ts of a portion of
the produce of the raltion. And as the public revenue
or on produce
must be derived from the same source, and is only a
portion of the national produce or income macie over
to the state by the members of the community at
large, and who would otherwise retain such portion
for their own benefit, it follows indisputably-, that, 1
in ,
a perfectly equitable system of taxation, each India
vidual should give up to the state a portion of the
national praduco forming his income proportionate
to the whole amount cf that produce or
income received by him. The man with
1,000/. a
year from landed property or Consols has not, strictly
speaking, an income to this extent. If he pays his
lawyer and doctor 50/. each, and other persons 201.
annually, out of it, for services rendered, this portion
of their professional incomes is derived from the same.
source as his own, and the produce of 4,0001. out nt,
the 33,3331. of his Consols is the " capitalised value
of this portion of their incomes. And to charge the
nominal possessor of this sum a certain tax upon this
4,0001. in Consols, and allow the parties to whom the
interest upon it is eventually paid to escape, i would, in
our humble opinion, be most unjust. "Let every
man contribute in proportion to the amount of value
in his possession," says our contemporary. But
there could scarcely be a more false and
fatal method of taxation adopted. The land-
owner, or shipowner, or railway owner may be
in possession of real property ; but if, as shown
above, they annually transfer a large portion of
the produce of such property to make up the in-
comes of professional men, in return for services
rendered, on what possible plea should the man in
possession be taxed, and the others, though de-
riving their incomes from the same source, escape ?
Oh ! but, says our contemporary, " The 11. paid to
Dr. Chambers or Sir B. Brodie is a simple
11.,
while 1/. from landed estates or the funds repre-
sents 301. besides itself." But will not this 11., when
paid to the phy.sician, represent just as much the
301. whence it is derived as when it remains in the
other's pocket? But, repeats the Times writer,
the merchant and manufacturer
the dropping in of his
i own life." But all men are
equally mortal, and f the land or railway pro-
prietor
" must insure against
prietor leaves to his son an income from his " pos-
sessed property," do not the mercantile men, the
shopkeepers, the solicitors, the auctioneers, bequeath
in their flourishing and profitable business just as safe
and good an inheritance ? Are there no risks in
land, shipping, or railways—no risks in being a bond-
holder in a debt of 800,000,000/. sterling ? Is the
income therefrom so much more secure than that of
the cotton spinner, whose " property in possession"
may not be valued at 20,0001., and yet may yield
him an income of 2,0001. yearly ? All admit the
evil"great an and
d itfi e injusticeul ty of of the
providing
suitable remedy," existinga income-tax but the
and which the './ imes so readily admits, remains as
much unmoved as before our contemporary under-
took the task of removing it. We think abolition the
safest and best mode of dealing with all such inquisi-
torial taxes.

EXCURSION TRAINS.
A speedy alteration must be made in the system of
excursion trains, or it will become totally impossible to
pass alone. any of the great lines with a reasonable
amount of safety. What are passengers to do? If the
danger only menaced those who travelled by these ex-
cursion trains, we should have an easy remedy; but the
fact is that au excursion train is somewhat its the nature
of a cannon ball, which sweeps the surface of the line at
uncertain intervals, and which does not invariably share
the destruction it scatters around it on its progress.
Perhaps it would be the safest thing a passenger could
do to take his place about the centre of an excursion
train. The train by which ho travels will probably run
into some others which may be waiting at the various
stations along the line, but that will only affect the pas-
sengers in the first two or three carriages. It will also,
in all probability, leo run into by other trains, but then
the passengers in the lust two or three carriages will be
the victims of that mishap. Meanwhile, the circumspect
traveller will sit calmly in the midst of the ruin around
him, with his lint and diachylon ready for application,
and perorate at his ease against the imprudence of
those who have availed themselves of the regular
conveyances on lines which are travelled over by excur-
sion trains. The system is an outrageous one, and from
every point of view from which it may be regarded is
obnoxious to the reproach of fraud and of a wilful dis-
regard of human life. If the companies cars afford to
carry passengers at these reduced fares, why do they
not give every traveller along the lino the benefit of the
reduction in price? We say if they can afford to do it
—that is, to carry out the operation with perfect se-
unity to the passengers; for it is a highly criminal act
to run more trains along any liue of railway than the
staff of the company can properly and efficiently manage.
Now, the method by which these excursion trains are
run at so very reduced a scale of fares is simply this:—
a particular company engages as many servants as may
be requisite for carrying on its regular business. There
is just as much to do upon any line of railway as the re-
gular servants of the company can accomplish with
reasonable security against accident. Suddenly the
thought strikes some sharp-witted member of
the board that, as there is still the perma-
nent way, the unemployed carriages and loco-
motives, and the clerl:s, porters, ana servants
of the company, it would be e very bright idea to send
an additional number of trains along the line at reduced
fares. The mere existence of a discrepancy between the
regular and the fortuitous fare will be sufficient to attract
the public. Who would not go to Manchester and
back, or to Bath and back for 55.? If there were no
other inducement, it would be enough that the toll was
so preposterously small. All that the company care for
is that the receipts should cover the costs of the
journey
and the deterioration of the rolling stock, and leave
something of a margin over. All that remains is net
profit—gained, no doubt, ut imminent risk cf life and
limb to the public—but still it is gained. Accidents
may occur now and then—and just now they ere' oc-
curring with frightful frequency—but it is practically
mound that the impulse which prompts passengers to
avail themselves of these cheap trains is a continuous
one, while the terror caused
by a railway tragedyffect is
transitory in its effect,. and does not materially
receipts.

so very wanton a manner.
The frightful accident at the Bolton station, which
we recorded yesterday, is a very fair instance of he con-
sequences which result trom running excursion trains in
er
The details of the story.
given in a very few word's. The train from Liver-
poole
was due at Bolton at 7.20, ''.3oconsequence of
gross tniernacageneent was two hoursluts
At Bolton
the passengers by this train had to
be sorted out—some
°
were going to Manchester, some to Y
rkshire—for it is
just on the other side of Bolton chat
the line brancbee
but in
into two. Late as this train arrived at Bolton, it went
away, proportionately, still later. The carriages had
been indiscriminately packed, and twenty „dilutes were
lost in separating the Yorkshire from the Manchester
passengers. " Only those
persons "writes our corres-
pondent, " who have seen the Bolton and Freston sta-
tions, and have observed how far short they are of Eerf
vents, sad not only deficient in number, but in men of
the right stamp, can form an idea of the disgraceful con-
,
fusicn which such a scene presents." While the train
of which we have just spoken was standing still
there came up a second train—an excursion train
from Liverpool—with 36 carriages. We should, PerhaPs'
have said that there were also 36 carriages in th° first
train. While these two were standing there, next came
!IP a luggage train (from Liverpool to Manchester), and
luggage trains are not often deficient is
general powers of obstructiveness. Then arrived a fourth
train. This was an excursion train from Fleetwood to
Blanchester, with 25 carriages. Then came a filth—il4l
luggage.., train laden with timber, and of enormous length.
It is. said that these five trains occupied a mile of the line,
ell was hopelessly blocked up. As though to roils.
length, or in
the situation of the unfortunate asses ere inure appa
ling, it appears that the line for this •
z EOl 0 iextends along
a curvewhich is series of
•
liuitAll bridged and tunnels. ' .
rho night was very dark.
At the distance 6 A at a place
of a mi!e from Bolton, and - d
Called Bullfield, stands the cabin of a pointsman, an
250 yards beyond this cabin e signal post. The enor-
mousextended
f length of trains we have described
rota the station to midway between the cabin
and the signal post. When matters were in thissixth
position, and all five trains at a 9.lxt
standstill, a
... h
train—the regular late passenger train from 'Aver-
The points-
man to Manchetter—cemeup at full speed•
man should have shown the light signal, in order to
check
but ho had
cheek the speed of the advancing tram,
quarter to 9
quietly walked away from his post at a
first extin-
and it was now nearer 10 than have
guished the signal light, as appears to have been the or-
dinary prectice when there was nothing extraordinary
in the condition of the line. The driver of the advancing
train did not sight the obstruction until he arrived at
the signal post
—a distance of only 125 yards from the
last carriage, into which his train ran with frightful
violence. Three
carriageses were smashed to pieces, and
h
it may
-0 considered a List fortunate circumstance that
the train which was run into was only a luggage train
laden with timber, or we should have had to speak of a
far more terrible catastrophe. providentieally, not more
than one life is in serious danger, but fiftn persons re-
e
ceived wounds and in of a most alarming descrip-
tion, From the nature of the accident, and from the
speed at which the Liverpool and Manchester train was
travelling, we scarcely know how to express our wonder
that the consequences of the collision were not infinitely
more severe.
The immediate cause of the accident, obviously
enough, was the absence of the pointsman from his
post and the withdrawal of the signal on an evening
when such wild confusion existed upon the line. The
wretched man, who seems to have quitted his station un-
der the iefluence of a combination of stupidity and fatigue,
committed suicide about a couple of hours after the aceient
occurred, so nothing more can be said of his share in
the matter. I he best arranged scheme may every now
and then fail in producing its effect through the miscon-
duct or carelessness of individuals; but in the case of the
railway company of which we are now speaking it is the
whsle se'etena which is in fault. As long as they con-
tinue to work their line with an insufficient or defective
staff, accidents will occur over and over again. Te i
e
best evidence of their mismanagement and neglect may
be found in that long mile of railway, choked up, as it
was on Monde night with a series of overdue luggage
and excursice trainee.' The first remedy that should be
applied is the introduction of an extensive change in the
sYstern of excursion trains, if, indeed, they should no: he
Übolished altogether. Let the regular fares be lowered.

s:.) that pas Angers may go upon what excursions they
will by the reguler train-a, and let the, regular basinFes
of the lines be conducted without interruption. That
will coustitute our best secmity rgain,t danger.— Times.

NAVA IN L.C.SCE-
His Grace tllc Duke of Northumberland has left the
Admiralty for Alnwick Castle, Northumberland, to en-
tertain the members of the Arc.re )logical In2titute.

APPOINTMENTS. -
Commander Edward Weenbv Vansittart (1849), pro-
meted from the royal yacht Victoria and Albert, has
been appointed to the command of the Bittern, 12, at
Sheerness, in the room of Commander the Hon. C. H.
Douglas (1851), son-in-law of Sir W. Pdrker, and pro-
moted from third or fourth lieutenant of his flag-ship,
who has declined the appointment. Commander Van-
sittart entered the navy in 1831, passed his examination
in 1837, and for his conduct as mate of the Cornwallis,
72, during the operations on the coast of China, where
he served ashore at the capture of the Woosung butte-
ries, was promoted in 1842. As a lieutenant, previ-
ously to his appointment to the royal yacht, he served
in the Serpent, 16, Spiteful steam-sloop, and Hiber-
nia, 104.

and. late Second Masters—Henry M'Ausia d (1843), formerly
Devonport, to the
the Nautilus,
Sekow troop-ship,
nrsersde'rve at Portsmouth; Henry
asi3te.et :Ann
Ksmi
aoasostptee, r r
squadron
Ro:f3;the Megrera
6, apprentices' tender, Devoe- Stromboli, 6,
to the Nautilus, vice M'Ausland.
Midshipman—Gordon C. Sinclair to
the Wasp.
Master's Assistant—Charles B. Rya 11, 1' e to the Impreg-
nable flag. ship. Devonport.
Assistant Engineer—Joseph Williams,
l to the In-
flexible 6, steam-sloop, Portsmouth.
Naval Cadet—Hugh B. Hammersley, to the Sans
Para!, 81, screw-ship, Davenport.
Gunner—William Dick, to the Daring, 12, fitting at
Chatham.
ARRIVAL FRONT THE COAST OF AFRICA..—Hound, 8,
Commander Robert Hall (acting), arrived at Spithead
on Tuesday night from the coast of Africa. She left
Ascension the 19th July, consequently has been 37 deys
on her passage, not touching at Sierra Leone. She has
been out two years and eight months, and has been
very healthy, but has only taken one prize, and captured
some slaves. She has come recently from Princes
Island. There was nothing (Ling on the coast when the
Hound left, and no capture made. The Penelope, 16,
steam-frigate, Captain Tyster, with Rear-Admiral
Bruce, was ut Ascension; and the Athol store-ship,
Lieut. Commander Pearce, all well; and the island and
ships of the squadron all healthy. The Hound has
brought home Mr. Robert Bone, principal clerk in the
secretary's office of the Penelope; Mr. F. G. Poarse,
clerk of the Athol; and about nine or ten seamen, in-
valids; Mr. Henry Temple, late commander of the
Dolphin, 3, acting commander of the Penelope, who
superseded Captain Hillyar, on promotion; and Lieut.
G. B. Puddicombe, R.M., from the Tortoise guard-ehip.
The Hound spoke the Trincomalee, 24, Captain
r.
Howstom on the 22d, in the Channel, and likewise
passed a large steamer, bearing a pendant, but she made
no number. The Hound has been under the command
of Acting Commander Robert Hall for the last fourteen
mouths, and appears to be in excellent order, and re-
markably clean. She got out her boats yesterday morn-
ing, and will be mustered and inspected to-day.
Dolphin, 3, is the next vc:sel home. Then the Pro-
metheus steam-sloop, Commander Foote. The latter
vessel had been very unhealthy, from lying at anchor so
long in the Congo, but her crew were recovering.
Commodore Talbot, the newly appointed Commander-
in-Chief to relieve Commodore Wyvill at the Cape, has
returned from leave of absence, and has joined his ship,
the Meander, 44, in Gillingham Reach. The Meander
will be ready for sea by the 4th September, when she
will proceed to Portsmouth, and be paid advance, pre-
paratory to leaving for her destination.
Commander Lord John Hay, who has recently been
appointed to the command of the WaFp, 14, screw-sloop, at
Woolwich, is, we believe, one of the youngest com-
manders on the list. He is son of the Marquis of Tweed-
dole, was burn in August, 1827, became a lieutenant in
1846, and commander in August, 1851. He was flag-
tieutenant to his late uncle, Rear-Admiral Lord John
flay, when superintendent of Devonport Dockyard, and
was promoted on his decease.
The iron screw steam-frigate Greenock, now at
Woolwich, was sold last week to the Australian Mail
Company. This ship was built at an enormous expense
by Scott end Sinclair in 1849. She is of 1,413 tons, and
originally had machinery of 565-horse power ; bet, like
the Simoom, Vulcan, Megeera, and other iron screws,
it wee found on trial that she could not carry her ma-
chinery and the proper armament and stores of a man-
of-war, and accordingly she was taken into Woolwich,
where she has been in dock since the 4th of March,
having smaller engines substituted for her too heavyori-
ginal machinery. •She is to be tried down river on Sa-
turday, to ascertain the working state of her engines.
Orders have recently been issued to prepare the Ter-
magant, 24, screw-frigate, for commission. This ship,
designed by Mr. Joseph White, of Cowes, has been kept
in the back ground, although she is one of the few full-
powered screw-ships we have in the service, having en-
gines of 620-horse power, by Seaward, to 1,547 tons. It
is high time that she should have a good turn at sea, in
order to prove the economy and advantage, or otherwise,
of a vessel with so much horse-power to tonnage, and to
ascertain whether it would not be advisable to give her,
as they have done moat of the others built at the same
time, less heavy machinery.

1852.

Trident steam-vessel, Lieutenant-Commander Harvey, •
I will be completed at Woolwich this day. She is to be
i paid advance wages at Portsmouth.
Tyne store-ship, Master-Commander Wellington, will
be ready to leave Woolwich wiih stores for Ascension
and Rio by the Ist of September.
Valorous steam-ship, will bo completed for the reserve
squadron at Dovonport on the 31st.
Vestal, 24, Captain C. B. Hamilton, at Spithead, is
fully manned. Rear-Admiral-Superintendent Prescott,
C. 8., paid her crew advance wages yesterday, and she
will probably sail on Saturday for Halifax. Captain
Hamilton, we are glad to hear, is better.
Vivid steam-packet, Maser-Commander Luke Smi-
thett,. arrived at Portsmouth yesterday afternoon, and
went into harbour to coal; she will go to Cowes this day,
to embark the carriages and suite of the Grand Duchess
of Russia for Dover.

Wasp, 14, screw-sloop, Commander Lord John Hay,
will be completed at Woolwich by the middle of next
month.

- Widgeon steam-vessel has arrived at Devonport, from
Woolwich and Portsmouth, en route to Pembroke, to be
employed as a tug tender, in lieu of the Prospero.
DVIONPORT, AUGUST 24.—Equestrian, convict-ship,
arrived on Monday, and communicated with the autho-
rities at Dartmoor, from which place she will complete
her complement, previous to sailing for Hobart Town.
WOOLWICH, AUGUST 25.—The Trident steam sloop,
Lieutenant- Commander Harvey, will leave Woolwich at
an early hour to-morrow for Greenhithe, to have her
compasses adjusted by Captain Johnson, and will then
proceed to Plymouth, and thence to her destination.
The Medusa steam-vessel, Lieutenant-Commander
John 0. Bathurst, was paid off at this port to-day.
The Dee steam-vessel went down the river yesterday
at six o'clock A u., in charge of Lieutenant Robertson,
and returned at five P.M., having been employed all day
in trying her engines, which were found to work well.

ASSIZE INTELLIGENCE.
NORTHERN ClRCUlT.—Liverpool, Aug. 19.
CROSBIE 1. YOUNG.
This was an action brought by Mr. Crosbie, tailor
and draper, of Stafford, against the proprietor of The
Sun,
for a libel. The defendant pleaded that he dis-
closed the author of the libel, and gave up the manu-
script, in satisfaction of the
cause of action.
Mr. Sergeant Wirdeitis,
in •
counsel for the plaintiff,
stated that an arrangement this case had been came
to on both sides to withdraw
the defendant, ajuror.
Mr. WATSON, Q.C., for
said, this
action is brought by the plaintiff, Mdr. Crosbie, against
Mr. Young, who is the editor
publisher of The
Sun newspaper, under the followingan
circumstances:—
A gentleman brought to Mr. Young a report of a
trial which took place in Staffordshire, and on the
full assurance that this report was
copied
Staffordshire Advertiser, and that wasitlofrom the
a
a correct
report, it got into the newspaper.
afterwards an application was made to
Mr. few days
andb
eYoung, when he found he had been imposed upon,
to
removeuld
there-
fore gave up the name of the author ; o
have inserted anything in his newspaper
any imputation from the character of Mr. Crosbie.
He believes there is no truth whatever in the state-
ment made against Mr. Crosbie. We have, in Mr.
Young, a gentleman of influence and character. Mr.
Young has conducted The Sun for many years with
the greatest respectability, and he regrets that such
a thing should have got into his newspaper. He was
imposed upon by a person whom at present I shall
not name.
Mr. Sergeant WILKINS—The only object which my
client, Mr. Crosbie, has in coming here is, being a
tradesman, depending on his reputation for his well-
being in society, he wishes to set himself right with
the public and with his customers. Mr. Watson has
done only what is right in withdrawing the imputa-
tion from Mr. Crosbie, and expressing regret. Mr.
Young, no doubt, has been imposed upon, and the re-
port in his newspaper was a pure fabrication, without
the slightest shadow of foundation.
Mr. WAT3ON—We have made inquiries, and we
1 find Mr. Crosbie to be a very highly respectable man,
and Mr. Young is very sorry. Mr. Young gave him
every assistance to obtain redress from the author.

COURT OF BANKRUPTCY, Aug. 25.
(Before Mr. Commissioner HOLROYD.)
IN RE GREEN.

The bankrupt in this case was described as a
wholesale stationer and paper-maker, of Bread-street-
hill, and of Postford Mills, Surrey. His debts are,
to unsecured creditors, 1,908/. ; to those holding se-
curity, 5,4991.; estimated assets, 1,5301.
Mr. LiNKLATER said he understood the assignees
required further time to examine the accounts. On
the part of the bankrupt he would consent to an ad-
journment for a month. Adjourned accordingly.

IN RE KELLY.

Charles Louis Kelly, grocer of Woolwich, applied
for his certificate. His debts were 1,300/. ; assets,
764/. ; profits, 848/. ; losses, 486/. ; expenses, 9841.
Mr. LINXLATER, supported ; Mr. SArDON, for the
assignees, offered no opposition ; and his honour
granted a second-class certificate.

MIDDLESEX SESSIONS, Aug. 25.
(Before Mr. WITHAM.)
Thomas James Holloway, a respectable-looking lad,
17 years of age, was indicted for stealing a cloth coat,
value 61. 10. a, tee property of Capt. Wm. Shepheard,
R.N. his master.
Mr. Payne appeared for the prisoner.
The material facts of the case were these. The
prisoner had been for some months in the employ of
the prosecutor, who formetly resided at Woodbine-
cottage, Ealing, and latterly at 102, Jertnyn-street, as
messenger and general servant, and it was part of his
duty to convey articles to and from the Senior United
Service Club, of which the prosecutor is a member. On
the 22d of July he went to the club, and from a port-
manteau or carpet-bag which was lying in the hall,
and which belonged to Captain Shepheard, he took a
new coat, just sent from the tailor's, and valued at 61.
10s., and went away with it. On the same day he
pledged it for 11., and on the 2ath he was given into
custody.
Captain Shepheard said the portmanteau from
which the coat was taken was at the time, if be might
borrow a phrase or expression from his Learned
Friend on the right (Mr. Payne), in transitu.—
(Laughter.) When the coat was taken there was
pinned to it an artificial sprig of myrtle, furnished to
him by a sweet young lady in the Burlington-arcade.
(The coat was produced.) Way, said the Captain
(in answer to an inquiry whether he could identify
the coat), here is the very phi put in by the young
lady herself; but the myrtle is not here. Oh, yes,
the coat is mine. My Lord, she is a very pretty
young lady, but married.—(Loud laughter.)
Mr. Parree—Mad! Why then there's a good pair
of you. The Captain—Who said she was mad ? I
said she was married, Sir. God forbid that I should
say she was mad. Oh no, she's not mad.—(Laughter.)
Mr. PAYNE—WeII, captain, you borrowed the
phrase in transitu; now, are you yourself not always
in a state of transitu? The Captain—No, lam not
alwAys in transitu. I wish I was.
Mr. PAYNE—Why you are never more than a
fortnight without being in transitu to a station-house.
The Captain—Yes I am, if they let me alone.
Mr. PAYNE—Are you not very often at station-
houses ? The Captain—Yes, indeed, I am ; but that's
not transitu—that's durance, you know.—(Laughter.)
I wish you to know that no man ever yet shook the
imperturbability of my good humour, and therefore
you had better not try it now. But you may. ir
do—try; and you will see.—(Laughter.)) I've :". ea
: given
you warning, you know.
Mr. PAYNE—WeII, are you not the celebrated
Captain Shepheard who figures so often.o tat the police-
courts ? The Captain—Yes, I am
am not responsible for all the nonsensebut
the papers about me. Allow me to ask if
seen the Morning Herald of to-day you have
0-day ?—(Laughter.)
Mr. PAYNE—NO, I have
then, I wish you had, forve'tnoct.ontTaihns,C in a.
The Captain—Well,
e ,
mine, a complete refutation.1letterW
oil/.
Mr. PAYNE_Were It does indeed.
stabbing a man with Sou not fined at Brentford for
II was fined 10s. by thae magistrates.
Captain—Yes, I wee.
istrates.
Mr. PAYNE t;
nd confined, too, by the magistrates'
were you not ? . The Captain—Oh, no. You know
that well enough. I was not
by the magistrates. They confin ... ~... ay
improperly, fined me ltobse.;Pc'ellecet 'y
you know that.—(Laughter.)
for de-
Mr. PAYNE—And then you summoned
taming a portmanteau, and he proved
money ? The Captain—.Yee; that ysootiiirwed him
a wasass witness the
Mr. PAYNE—And you produce - of which was sent
lady with the lovely foot, the tapoeu
v wanted the ma-
to China as a model, and wehiscea...(Loud laughter)—
The Captain—
gistrate to look at, but
the " Exhibition foot,'.
1 ) Oh •
he,reu
Captain ?
,With gee ,my friend,
That is precisely 50v.38 c
gotrate would have been had
how delighted thhe bad seen it. You would not
you
he seen it ! I svI,I.
.00 I'm haed if you would.
have laughed at it ,
you used to
But
Mr. PArr4 not The Captain—Ah, BO she said.—
leg, did youade
use of an expres ' sion too indelicate to
(He here m
and excused hi If
ruse for using it by es-
be repeated, a
Court that it was a common
fairing the technical phrase
in the profession he belonged to.)
Mr. rarriErAnd you amused yourself sometimes
by biting off dogs' tails.—(Laughter.) The Captain
_did I tried the thing once on a peppy, but not
succeed. No, I did not succeed, so I did not try the
experiment again.
Mr. PAYNE—And you used also to pull flowers
of other people's gardens ? The Captain--Cite C ' out
Citi
hollyhocks—it was only hollyhocks. i , yes,
Blr. PAYNE—And you were taken before
trate for beating two boys, and fined ? The aMagi"
Captain
—Yes ; I was fined 51. I was, indeed , and I was
locked up. But, as you ask the question,
ex-
plain the circumstances. I was fined -1 I must °
a Saturday, and I bad but 21.2* and as . It was on
I could not get
I
the 3/. on the Sunday, why, w -
a% in Coldbath-fields
till Monday. I summoned the officers for what they
had done, and shall again mostcertainly. I've put
the whole thing before her
, Majesty's
the Home Department, and shall have the officers up

again assuredly, though the magistrate improperly,
as you know (winking at
mivsed the summons.
Mr. PAYNF:--And yo,
southerly- I know a haw

Shakspeure." Tne Capta,
ShakiTeare ? I beg your
should quote correctly,
see what he says on the su
and hawks and handsow,

wrong in your quotation.

:o prove it.

Mr. PAYNE—What, the
who used to live with you as your wife ? The Cap-
tain—Not the same. It is a lady, though ; would you
Ike to see her ?

Mr. PAYNE—No, thank you, Captain. How many
times have you been locked up in station-houses.?
The Captain—Which station-house ? You know I
must be particular in answering that question, as I'm -
on oath. Let me see—twice at Vine-street—once at
Westminster. Now, mind, I give you this informa-
tion gratuitously; it has not yet appeared it. the
papers.—(Laughter.) It was once for throwing an
oyster-shell through a fanlight.
Mr. PAYNE—Were you ever in a lunatic asylum ?
The Captain (to the Court)—My Lord, to that ques-
tion I must give a very discursive answer, if I am to
answer it at all. If it can be considered that such a
question has anything to do with the case, I will
reply with pleasure; but I must go on at length if I
once begin.
Mr. PAYNE—Oh, very well, I will not press it.
The Captain—Well, I'm sorry for it. I wish you had.
In answer to further questions the gallant Captain
immoral
kind he had never had conversation of a loose,
kind with the prisoner. He might have asked him to
pay a cabman for him, as any gentleman might desire
his servant to do, but he had never asked him to pay
for his dinners. He was not in the habit of carrying
money about with him, because the last time he did
he was robbed of sixteen sovereigns, and now he car-
ried not more than as many shillings. As to the state
of. his mind, he could refer to Sir W. Burnet, Dr.
Richardson, and Dr. Anderson. He had said he
should like to have the prisoner transported, but it was
all out of kindness to hina—(A laugh)—as be (the
Captain) had influential friends at the antipodes who
would take
care of him and bring him on in the
world, while if he went to the House of Correction be
would be corrupted and ruined.
Mr. PAYNE, in his address to the jury, urged that
the prisoner had no intention of stealing the coat.
The act of pledging was not necessarily an act of
theft; the prisoner had not sold the coat, and by doing
so placed it out of his power to restore it to the
owner; but he had thought, from the intimate terms
on which he had been with Captain Shepheard, al-
though he was his master, that be might take the coat
and raise upon it a small sum—it was pawned for about
one-seventh of its value—to enable him to go into the
country to see his sister. It was a dangerous prin-
ciple to lay down with regard to servants ; but, con-
sidering the extraordinary conduct of the captain,
who he thought was crack-brained, and as mad as a
March hare, and the terms of familiarity be bad been
on with the prisoner, who asserted that he had bad
repeatedly to pay for the captain's dinners, it might
reasonably be inferred that he had no intention of
actually3lr.
Osateklaelyin, partner stealing the
tphaeener coat.
the house of Fortnum and
Mason, gave the prisoner a good character for honesty.
The prisoner had beenflveyrs
eainudryle,ftaoftferhisa own accord.ea in the employ of the
T
short consultation, firm,
acquitted the
prisoner.
The prosecutor then went
to Mr Payne and cor-
dially shook him by the hand, laughinghecartily. He
clusEd considerable mirth among
the
saying to " his learned friend," " Ah, myousesrel by
Diddle; have you such a thing as half-a-crown
aboutemy
you?"

t the Learned Couu;el) dis-
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