The Sun.
London, England, 1864-01-23 00:00:00

SHIPPING—This Day.

LONDON, Jan. 23.—Wind this day at noon—South-
Westerly; moderate breeze, and cloudy weather.
POOLE, Jan. 22.—Wind S.W.—Put back—lsabella, for
Newfoundland.
BRISTOL, Jan. 22.—Wind S.W.—Arrived—Jone, from
Mauritius.

CARDIFF, Jan. 21.—Wind S.W,—Arrived—Eliza, from
Gibaltar. Sailed—Hermann, for Canary Islands—Result,
for Barcelona.

COWES, Jan. 22.—Arrived—Cid, screw steamer. from
London for Bilboa.
QUEENSTOWN, Jan, 23.—Arrived—Persia, steamer, from
New York,

(BY MAGNETIC TELEGRAPH.)
GRAVESEND, Saturday Morning.
Arrived—Canada, from Messina; Colue,lius Grinnell,
from New York.
Sailed—Fanny L,mbert, steamer, for Malta.
DEAL, Saturday Morning.
No arrivals.

CONVICTED BY MISTASE.—The Recorder o
Devonport has now under consideration a case,
in which it is believed that injustice is being done to three
youths, who are at present in Devonport gaol. James
Attis, John Jenkins, and Charles Smith, whose ages vary
from fourteen to seventeen years, were convicted at the last
Devonport sessions for stealing part of a leaden pipe be-
longing to the water cistern of a house at Ford, The only
material evidence against them was that of Police-con-
stable Dyer, who deposed that before he knew of the com-
mission of the robbery he mat the prisoners in a road
near Ford, at three o'clock in the morning ; that he ques-
tioned them and searched them, a lamp-post being close by,
and finding nothing upon them, he let them go. They pre-
sently began to run, and the stolen property was found on
the road which they had passed. There is no question but
that the youths thus met were the thieves, but there is a
doubt, amounting to a positive disproof, that they were Attis,
Jenkins, and Smith. Dyer, the policeman who apprehended
them a day or two afterwards, has from the first been most
positive that the prisoners were the boys he met, and he
still maintains that he was not mistaken. His evidence,
unsupported, and contradicted by two witnesses, induced a
majority of the jury to return a verdict of guilty. We say
a majority, because the jury were so doubtful on the matter
that they not only retired for consultation, but, on
returning, their foreman, by a lapsus linguae, let out the
divided state of feeling by giving as a verdict, " Guilty,
but recommended to mercy because the evidence is not
clear against them." The prisoners were undefended,
and this strange verdict passed unchallenged, and
the lads were sentenced to terms of imprison-
ment varying from four to eighteen months, and
to be whipped. The former punishment they are now en-
during, the latter, fortunately, has not as yet been carried
out. On the arrival of the lads at Devonport Prison, they
were seen by the chaplain, the Rev. Mr. May. From
the time of their apprehension they all protested that
the police had got hold of the wrong parties, and this
assertion was renewed with so much earnestness to the
chaplain that that gentleman made inquiries. Aided by
Mr. Eastlake, solicitor to the Admiralty, Mr. May set
to work to find out the truth ; discovered and ex-
amined important witnesses, and brought their
statements before the authorities. The result has been
that, after careful investigations, the jury who con-
victed the lads have signed a memorial expresstng their
unanimous belief that the prisoners are innocent ; and
the Devonport magistrates, having made independent
inquiries, have forwarded the memorial of the jury to the
Recorder, commending their prayer to his attention, Th e
mass of evidence now brought to light showing the inno-
cence of the prisoners is not only conclusive, but really
astonishing. It is discovered that not only were Attis,
Smith, and Jenkins not guilty, but that three other
lads, somewhat resembling them, whose names are well
known, are the real culprits. Attis and Smith slept on tho
night of the robbery at a lodging-house kept by one Painter,
and in the same room with them wire four other persons,
all poor, of course, but two of them of unblemished charac-
ter. who have positively declared that the lads named did
not leave the room the whole night through. Jenkins, the
third prisoner, was that night sleeping at a house at the back
of King-street, and four out of the five who slept in the
same room with him have declared to the Magistrate that
the boy slept in the same bedroom. But, to crown all, a lad
recently released from prison is found, who confesses that it
was he who committed the robbery, with two companions.
A second member of this second trio has been seen, and in-
timates that he would confess if ho were assured that a pro-
secution would not follow. Under these circumstances the
Recorder of Devenport will probably advise Sir George
Grey to advise the Queen to pardon the three prisoners for
an offence which it is clear they never committed,—Western
Molting Nett!.