The Sun.
London, England, 1852-01-26 00:00:00

PvENING, 'JANUARY 26, 1F152„

MONDAY

engine-room fire engine, with hose on ,main deck and
another for ;par-dccit-120 feet of hose. Abaft the
mainmast is another Downton's fire pump on the spar-
dcck, and with hose to reach any part of after store-
rooms. The whole three eng;nes aro so well situated
that they can be ell (!irceted icamediat:ly over engines,
boilers, and engineers store-ref:ms.
" Tho iife-hoats and boats of the Orinoco are ail com-
ploto; their fittings and arrangements are very satisfac-
tory. Thee are no cranes fitted to any of them but the
foul' I:fe-boats, which, being heavier than common bouts,
must have a support. In the centre of their keel they
are fitted with a simple chock and a landard leading in
board, that two men can pull out. The same.two men
can swing the boat out, and she is ready for immediate
use. The life-boats are hung from the davits, so that
less power is required to get them clear of the ship than
to stow them. Tha other five boats are all hung from
davits, and ready for lowering at all times. They are
secured with the common boats' gripe, and without
critles. Ido not like, cranes. I never had them in the
'l'cviot or the Dee. he nine boats of the Orinoco will
carry 212 persons with perfect safety."

Name of ComprnY•

instralasia • • •• • • • • • •
Britsh.North American
Comnsercial of London
Colonial . • • • • • ••• • • • •
Gloucestershire • • • • • •
lonian • • • • • • • • • • • • "
London and County ••
Londn and Westnainstr
Loudon Joint-Stock • •
Provincial of Ireland..

-
Ditto, New. • • • • • • ••
National of Ireland ..
Nat. Provincial of Eng.

Ditto, New. ' '• • •
Oriental Bank Corpora.
South Australia • • • • .•
Union at Australia • • ••

Ditto •• ....•• •• •• ••
Union of London.•• ••
Union of Madrid ....1

61. Per cent.
51. per cent.
Gl. per cent.
21. per cent.
151 per cent.
61. pr cent.
Q. Per cent.
61. per cent.
61. per cent.
81. Per cent.
81. Per cent.
41. per cent.
61. Per cent.
61. per cent.
71. per cent.
61. per cent.
61. Per cent.
61• per cent.
11. Per cent.

A s. d.
40 0 0
50 0 0
100 0 0
100 0 0

X s. d.
40 0 0
50 0 0
20 0 0
25 0 0

25 0 0
50 0 0
100 0 0
50 0 0
100 0 0
10 0 0
50 0 0
100 0 0
20 0 0
25 0 0
25 0 0
25 0 0

25 0 0
20 0 0
20 0 0
10 0 0
25 0 0
10 0 0
22 10 0
35 0 0
10 0 0
25 0 0
25 0 0
25 0 0
2 10 0
10 0 0
40 0 0

2214
29%

LAW INTE 'LLIGENCE,
EXCHEQUER CHAMBER, Jan, 21.

(Before the CHIEF JUSTICE of the Con-uro!: Pleas., Mr.
Baron ALDERSON, Mr. justice Gere.nerode, Mr. drie-
t.ce Wramestada, Ml'. Justice.) CaFes W ELL, .501:1TALFOURD.)
aro. v. POVVELL.
In this case the prisoner was tried before Mr. jtee ;ee
Ifeeel, at the last, tiesize: at lirecee, tiaeu ieteat-
Limit charging him with burelationsly breaking end
entering the dwelling-house or David Willitany}, with
intent to steal "goods and chattels" therein. And it
appeared from the evidence adduced at the trial, that in
the year 1843 the prisoner borrowed of the prosecutor
the eum of 6001, and executed to him as security a
mortgage in fee of certain freehold land. And after-
wards in the year 1848 he borrowed a further sum of
2001., and executed a further mortgage upon the earn()
land; subsequently the prosecutor, the mortgagee,
brought an action of debt against the prisoner fur the
recovery of turns which he hail lent, which action wit
impending, and approaching trial, when the burglary
was committal. The evidence proved that the prisoner
committed the burglary in order to steal the mortgage
securities, and the jury found that the offence was core-
milted vriih intent to steal the raortgage deeds. In
a bundle with the first deed which had been kept in a
drawer ransacked on the night of the burglary
was a cancelled bond of a former mortgage bolonging to
Williams, the mortgagee, and which was also afterwards
kept with both mortgage deeds; but these were in fact at
the office of the mortgagees' attorney when the burglary
was committed. At the trial it was objected, on behalf
of the prisoner, that the intent was nut properly alleged
in the indictment, as, though the mortgage deeds
might be the subject of statutable larceny as " valuable
securities," they were not " goods and chattels ;" hut
the Learned Judge overruled the objection, thinking that
the mortgage deeds being substantially securities for
debts, and containing covenants to pay principal and
interest, were distinguishable from deeds which, as sa-
vouring of realty, were not the subject of larceny at
common law, and that the parchments on which the
covenants wore inscribed were chattels, even if the words
" goods and chattels" might not be rejected as sur-
plusage. The prisoner was then sentenced to be trans-
ported for ten years; but was ordered to be detained in
this country until the opinion of the Court of Error in
criminal cases should have been taken upon the point.
Mr. SLADE, Q.C. (with whom was Mr. T. Allen) con-
tended, on behalf of the prisoner, that the indictment
charged him with burglary, with intent to steal " goods
and chattels," and the jury having found that the intent
was to steal certain " mortgage deeds." there was,
therefore, a fatal variance between the allegation and
the finding, inasmuch as "mortgage deeds," savouring
of realty, could not come within the definition of
"goods and chattels;" and in support of this argument
the Learned Counsel cited a taco from the third insti-
tutes, to the effect that where charters which savoured
of realty wore deposited in a box, that box could not be
the subject of larceny by reason of its containing the
charters.

Mr. Baron ALDERSON—Then if a lion were confined
in a cage, I suppose the cage would be considereclferce

nature.

The LORD CHIEF JUSTICE of the Common Pleas—
It has been decided in Gloucestershire that larceny can-
not be committed of a canary's cag?, because it savours
of the canary.g
Mr. SLADE—The offence alleged in the indictment
was a felony, whereas the prisoner had only been guilty
of a statuable misdemeanour by the 23d section of the
7th and Bth Geo. IV., c. 29, which makes it a misdemea-
nour only to steal deeds anti writings relating to real
estate .

No counsel appearing on behalf of the Crown, the Court
said they mould take time to consider tho cane.

REG. V. WILLIAM lON.

This was a case tried at the Central Criminal Court,
and reserved by the Recorder of London.
The prisoner was indicted for feloniously uttering,
disposing of, and putting dr a forged receipt for poor-
rates. It appeared that a man of the name of James
Gillard was desirous of borrowing some money from
James Dwyer, a money lender, but it being necessary
that he should have a security for that purpose, he re-
ferred Dwyer to the prisoner. Dwyer thereupon called
on the prisoner concerning the loan and security, when
the latter produced three receipts for poor-rates, one of
which was forged, which he placed in Dwyer's hand for
the purpose of inspection. The jury by their verdict
found the prisoner guilty, and that he placed the forgcd
recept in the hands of Dwyer for the purpose of vouch-
ing for his respectability, and of being accepted a 3 se-
curity, and thus of obtaining the advance of money upon
loan to James Gillard, It was objected at the trial on
behalf of the prisoner, that the placing of the forged re-
ceipt in the hands of Dwyer for inspection only, and not
for the purpose of obtaining or avoiding the payment of
any money, was not a sufficient " uttering" upon which
the prisoner could be found guilty.
Mr. METCALFE, for the prisoner, contended that the
only question in the case arose upon the "uttering,"
for the words " disposing of and putting off " explained
themselves, and did not apply to the present circum-
stances. He admitted that the word "uttering" included
an intention to defraud, but it was clear that the pri-
soner had no such intention, for ho did not produce
the receipt to absolve himself from any payment, and
therefore there was no uttering on the part of the pri-
soner. In support of this argument he cited Shukard's
ease, reported in Russell and Ryan's Reports, page
200, which decided that showing a man an instrument,
the uttering of which would be criminal, though with
an intent of raising a false idea in him of the party's
substance, was not an " uttering or publishing."
Mr. PARRY, for the prosecution, contended that
"uttering" meant the bodily representing a false docu-
ment to be a true one, with intent to deceive and de-
fraud, and that in the present case, in order to obtain a
sum of money for another, and to show that ho (the pri-
soner) was a respectable male and had a house for which
he paid the rates, and was, therefore, a good security, he
represented as genuine a document which was false, and
was, therefore, guilty of uttering with intent to deceive
and defraud.
Mr. METCALFE replied, and the Court said that they
would take time to consider their judgment.
REG. V. BOULTER.
The prisoner was tried for perjury before the Recorder
of the city of London, upon an indictment which alleged
that the defendant had been tenant to one George
Healey, the prosecutor, of a certain dwelling-house
and premises under a certain rent, and that in the
month of June, 1851, the said George Healey had
distrained upon the defendant for a certain arrear of
that rent. The perjury assigned was, that the defendant
had in substance falsely sworn, amongst other things,
at a trial at Nisi Prius (upon which the question waa
material), that there was only one quarter's rent of the
premises due at the time of the said distress, Upon the
trial the prosecutor positively swore to the fact of there
being five quarters of the rent due to him at the time of
the distress in June, 1851; and in contradiction the de-
fendant produced his books, by which he refreshed his
memory, and proved the last payment of rent to have
been for rent due at Christmas, 1849. For the purpose
of corroborating his statement, and showing by the oaths
of two witnesses the falsity of the matters sworn to by
the defendant, John Healey, the son of the prosecutor,
was examined, and deposed to a conversation with the
defendant, in August, 1850, when the defendant admitted
that three or four qearters of the rent in question was
then due. A receipt from the prosecutor to the defen•
dant was produced at the trial, purporting to be a re;
ceipt for the rent to Christmas, 1849. No evidence of
payment of rent was given by or on behalf of the de•
fondant subsequently to August, 1850. At the trial it
was urged on behalf of the defendant that the fact of
more than one quarter's rent being due at the time of the
distress was not sufficiently made to appear by the oaths
of two witnesses, for the case to be loft to the jury;
that Johu Healey's statement as to the admission of tee
defendant went no further than to estaleish the fact that
in August, 1850, rent was due, but did not confirm the
prosecutor in his statement of the five quarters' rent
being unpaid at the time cf the distress, or in explana-
tion of the error in the receipt. The Learned Recorder
overruled the objection, but reserved the point for the
consideration of the Court of Appeal.
Mr. OTMEN, on behalf of the prisoner, contended
that the evidence of John Healey, the proseciror'e son,
respecting the conversation with the defendant in June,
1850, was not corroborative of the evidence of the pro-
secutor respecting the state of accounts between him
and the defendant, and that when a person wee, charged
with the offence. of perjury it was not enough to dis-
prove what he had sworn by the oath of one other %tit-
tles', but that unless there wire two oaths, or steno docu-
mentary evidence, or some admission, or some circum-
stance.' to supply the pace of a second witness, it was
not sufficient. (leg. v. Parker, Carrington and Marsh-
man Reports, 646). It was also essential in perjury
that the evidence in corroboration should have relation
to the fact upon which perjury was assigned, which .vas
wanting in the present case.
Mr. CLARESON, for the prosecution, urged that it was
sufficient to show by evidence that ono oath was more to
be relied on than the other, aed that it did not signify to
what extent the amount of corroborative evidence went,
as that was a question to bo loft to the jury, and was
not for the Judge to decide.
Ththink it
LL
no
enci sCs
anr
yi F.'
Et
o JUSTICE
downsa i d t
the
any general
the subject, but in the present caso they were of opinion
pintm
h
that the conviction was wrong, as there weas notcharge
of
Court
rule
did
up. n
on
t
, o
suffi-
cient corroborative evidence to support the
perjury.

--•----- - - ENCE
POLICE
woilsa/P-
S2:Rrnechanic, Was charged
Frederick Powell, a tall, athletic
..e rly
man, named Thomas
with the manslaughter of a.e.ela
1 somewhere in the neigh-
bourhoodlN TELLIEGET. .
publican, resit lug
Mansfield,
a met, Cripplgate.
of Minot,-
simply charged with being drunk
was 3o;iginally, brought up on Saturday
when be was
hen it appeared, from the evidence of
and riotous, and tpresent at the occurrence, that the dc-
weTekh,oprisoner
1 had gone out for the purpose of purchasing a few
cease - • • el which he packed up in a handker-
chief,
nuts for a squiir , .
71 , ,
and was returning home through 11 i s,n,treet,
the only witness
Finsbury, when he heard a shouting noise behind him,
and, on turning round to ascertain the cause of it, saw the
prisoner staggering about in a state of intoxication, fol-
lowed by a number of boys, who were jeering at and in-
sulting him. The prisoner at length became so exas-
perated at this annoyance that he turned suddenly round and made a dash aft( r his little persecutors, whose Kcivity
enabled them to get beyond his reach, and the prisoner,
from his vexation and drunkennes,, being unable to
make any discrimination, immediately
turned upon the
unfortunate deceased, who was said to be standing still
watching the proceedings, and dealt him such a violent
blow upon the head that ho staggered a short distance,
fell sharply upon the edge of the kerbston,,, and, upon
being raised up by the bystanders, it was discovered that
he could not stand, and was suffering excruciating sgcmey
in one of his legs. The deceased wasimmediately f"e_,,(l
in a cab and convoyed to St. Bartholomew's LIOSP"'

where his thigh was pronounce) to be fractured, and
the prisoner was remanded to await the 'ain't of the in-
juries the man had sustained.
A constable oi the G diviiiion who was now in aAend-
aneo stated, that the object of the prisoner's viohnce,
after lingering in acute pain f)r a considerable time, bad
lengthat . expired in the hospital, and that upon a eqx-
ner-6 jury being called to inquire into the case they hid
returned a verdict spinet the prisoner of " Man-
slaughter." The constable, in answer to a questien
from the magistrate, added that the surgeon who had
been in attendanee upon the deceased had been com-
pelled to leave town, and that several days must 'elapse
before he would be able to appear and give, evidence.
When called upon for his answer to the charge the
prisoner said that he was an entire stranger in London,
having only just come up from the country, and that he
had drunk so much upon the night in question that he
had not the slightest recollection of anything. that had
taken place ; he felt satisfied, hewrwr, that be must
have been uncontrolably exasperated to strike the de-
ceased in the manner alleged, for which he was ex-
tremely sorry, ttrd it was evident he had been most
shamtfully treated himself, as ho had several injuries
and contusions on different parts of his person,
The MAGISTRATE intienotod that the formal proof of
the cause of the death of the deceased was indispensable,
and the prisoner was therefore remanded until that day
week to enable the surgeon to attend and give it.

CLERKEN WELL.

Ann White, a miserable, dis,;ieateci-lool:ing young
woman, was put at the bar ne:'ore itiir. Tyrw iiitt for final
examination on the charge of having murdered her infant
child, of the ago of nine months.
On the first examination of the accused it appeared
that she had resided in tho hens° of Mr. Hathaway,
Field's-place, Somers-town, with her two children, one
seven years old and the deceased; that they were fre-
quently left by her without food, fire, or clothes, and
otherwise so utterly neglected that her landlord eventu-
ally deemed it his duty to call in a cmastable, with whose
assistance the poor sufferers were removed to St. Pancras
workhouse, and she was shortly afterwards found rolling
about drunk and taken into custody. The deceased and
the other child were speedily emamined by Mr. Robin-
son, the parochial surgeon, who found them sinking
rapidly from the combined want of fo.ll and general
neglect; that they were in a state almost impossible to
describe, and swarming with vermin. Everything
which humanity could dictate was immediately
bestowed on the little helpless creatures, but death
happily terminated the sufferings of the one and the
other is recovering. The board of St. Pancras, on the
former inquiries, had declined to prosecute, and were se-
verely censured by the worthy magistrate, who said
that, in a matter of such atrocity, importance, and
nicety, a meanness ought not to exist, especially with
a parochial body, and he wished them to review their
decision. On Saturday it appeared the parish officers
had profited by the recommendation of the worthy ma-
gistrate as Mr. Seton, clerk to the vestry, appeared as
the public prosecutor, and called another witness, who
proved almost unheard of brutality by the accused to
wards her poor children.
Mr. ITIRRIIITT, at the conclusion of the examination,
said it was a most sad and painful case, and committed
the prisoner to Ncwgate to take her trial, she declining
to make any defence.

LAMBETH.

John Donovan, a journeyman bootmaker, who has been
in custody for several weeks on a charge of stabbing a
young man named George Cox in different parts of his
body, was placed at the bar before Mr. Elliott for final
examinatior.

The prosecutor, who bad been brought from St. Tho-
mas's Hospital, where be had remained for several days
without the slightest hopes of his recovery, and who,
though now pronounced out of danger, is in an exceed-
ingly weak state, deposed as follows:—I live at No. 1,
Charles-place, Union-street, Lambeth-walk, and am a
shoemaker by trade. The prisoner lodged with us for
three weeks, up to the 3d of January inst., and on the
morning of that day, a little before five, I was awoke by
his stabbing me with a knife. I slept in the same bed
with him, and when I was awoke by his stabbing me I
struggled with him, and managed to throw him off, and
I then got out of the bed. The prisoner followed and
stabbed at me with the knife which ho held in his hand.
Ho inflicted several wounds on me, and cut me under
the right and left ear, and on my cheek, and many other
places.
Mr. ELLIOTT—Did the prisoner say anything before
he attacked you, and while inflicting these serious in-
juries upon your person? Witness—Not a word, sir; I
was asleep when he first attacked me, and on awaking I
cried cut " Murder!" several times, but he did not say a
word.
George Thomas Cox, father of the last witness, said
that about half-past five o'clock on the morning before
mentioned he was awoke by the cries of " Murder!" and
on going to the bottom of the stairs he saw his son, who
cried out, " Father, ha is killing me!" The prismer at
this time was coming down the stairs after him with
knife in his right hand and a candlestick and candle in
his left. The prisoner exclaimed, "He has been annoy-
ing me ever since I have been in the house;" and then
rushed out of the front door. He (witness) followed
him and gave him into the custody of a policeman.
Policeman Denis Donovau, 48 L, said, when the pri-
soner was given into his charge he asked him why he
stabbed the young man with a knife, and he replied,
"Because I bad nothing else to defend myself with; I
bad neither gun nor pistol, and I was obliged to fly to
an edged weapon.
The witness here produced two knives, one of which
ho found on the prisoner, and the other in the room,
covered with blood.

The prisoner, whose mind is evidently afftcted, and
who offered nothing in defence, Was fully committed for

Thomas Rose, a clerk to the South• Western Railway
Company, was fully committed for trial on a charge of
falsifying his accounts and embezzling the moneys of
the company.