The Sun.
London, England, 1852-08-18 00:00:00

EVENING, AUGUST

BRITISH ARCHJEOLOGICAL
ASSOCIATION.

NEWARK MESDAY.—Last night, at eight o'clock,
a meeting Of the Archaeological Association was held
at the Town-hall, at which the Duke of Newcastle
presided. Among the members of the society present
we oh!:erved—Lord R.. P. Clinton, M.P., the Earl of
Lincoln, Lord E. Clinton, Mr. Barrow, M.P., Sir P.
D warris, Mr. T. J. Pettigrew (the treasurer), the
Rev. R. J. Hodgkinson (local hon. secretary), Mr. G.
N. Wright, Mr. J. R. Planche, Mr. T: S. Godfrey,
of I3alderton, Dr. Lee, Sir 0. Moseley, Mr. G. H.
Vernon, M.P., &c. There was a very numerous
attendance of ladies and gentlemen in the body of the
hall.

Before the ordinary business of the association was
proceeded with,
The Meeroa (Mr. Nicholson) read the address from
n
the Mayor and Corporation of Newark to the Duke
of Newcastle, and to the Archaeological Society, ex-
pressing their congratulations
tt e association.
n hh
The Duke of NEWCASTLE, on the part of the com•
mittee and members of the society,returned his ac-
knowledgments for the kind reception vvhich had been
given them in that ancient and remarkable borough,
and for the address which had just beenpresented.
the Mayor, to the Rev. Mr. Hodgkins
theon association
dto other
residents in the town, the thanks of
were especially due for the great assistance they thhad
rendered in preparing for the reception of so
consider-
able
a number of persons, and for the excellent
ar-
rangements which their local knowledge and business_
like habits had enabled them to make. With
refer-
ence to those portions of the address which referred
personally to himself, he would only say that he
valued them most highly as proceeding from the in-
hahititnts of a town which had always stood pre-
eminent in his affections, and in the welfare of which
he took a deep interest. The address had referred to
the past history of Newark, and to the great men who
bad first drawn breath in that town. He sincerely
hoped that the great men whom Newark might in
future produce would be'tnen who would carry the
blessings and truths of religion among their country-
men, and even into foreign climes, and that such days
stAfa as those in which their magnificent castle
was dismantled were past never to return.—(Hear.)
The Noble Duke, having resumed his seat, said that
it was the practice for the President of the Assecia
tion to read an inaugural paper, and he must apologise
for the very imperfect address which, in compliance
with that custom, it would be his duty now to deliver
to them. He came among them rather as a disciple
than as a master—as one who had much to learn ra-
ther than as one who had anything to teach. He
would, therefore, only endeavour briefly to lay before
them a plain and simple basis, upon which others
would, be hoped, in the course of the week, erect a
more elaborate structure. One of the objects for
which the as3oCiation was established was to prevent,
as far as was practicable, all injuries with which an-
cient national monuments of every description might
from time to time be threatened • and he believed the
society bad
been very successful in their endeavours
to secure that end.—(Hear.) Another object of the
association was to spread abroad a correct taste for
arch eing, and a just appreciation of monuments of
ee
ancient art, so as ultimately to secure a general inte-
rest in their preservation. So well aware were the
ancient Greeks of the value of such investigations as
those undertaken by this society, that in Athens three
men were paid by the State, whose duty it was to
afford information to those who sought instruction
respecting the interesting monuments of their coun-
try. With regard to our own country, however, so
entirely deficient were the records of history from
the 3d century to the beginning of the Bth, that, but
for the researches of the antiquarian, that long period
would be almost a blank in the annals of this island.
—(Hear, hear.) Another most important subject,
and one intimately connected with the science of go-
vernment, had of late years received the attention of
the society. He alluded to the bearing of ancient
laws, and the influence of apparently anomalous cus-
toms, upon the habits and even the dispositions of a
people. Some able men in the sister country bad
lately been investigating the Brehon laws, which
seemed to have more or less governed Ireland for
nearly a thousand years, and he rejoiced to say it was
now decided that the whole of those laws should be
at once translated and published.—(Hear, hear.)
Such a publication might possibly throw light
upon much that was • singular and that had
been inexplicable in the destiny of that nation.
In France there was, or at all events there was till
recently, a Government office, whose duty consisted
in watching over monuments, and in securing the
restoration of such ancient buildings and monuments
as would otherwise fall into dilapidation or be de-
stroyed by private persons. That important duty
was, however, performed in this country to a great
extent by voluntary associations, such as that which
Was now holding its meeting, and it had been most
successfully performed in numerous instances—
(Hear, hear)—not by any actual power with which
such societies were invested, but by the wholesome
action of public opinion, induced by their represents-
tions.—(Hear, hear.) He must say that until he
visited Egypt he was never fully impressed with the
value of antiquarian researches. The discovery of a
key to the Egyptian hieroglyphics bad given a means
of more fully understanding the writings of past
ages, and even of the books of the Old Testament,
which no other event could have afforded. It
really seemed providential that all the wonders
which had been brought to light within
the last forty years in Egypt, in Nineveh, and
in other places, should have been buried for so many
centuries--nay, for decades of centuries—by which
alone they could have been preserved to give the
people of this day a clear insight into the religious
forms and domestic manners and customs of the most
celebrated people of antiquity. He would only ex-
press his sincere hope that those remains might
henceforth be preserved.—(Hear, hear.) The Noble
at 80
Duke then proceeded to refer me)length to the
local antiquities of Nottinghamshire, and gave an in-
teresting sketch of the history of Nottingham, New-
ark, Southwell, Mansfield, and Worksop, making
particular allusion to many of the antiquarian relics
to be found in those towns. The Noble Duke con-
cluded by expressing a hope that the catalogue ré-
sumé he had given of some of the antiquarian riches
of the district would induce others who possessed
more leisure and skill to turn these facts to account,
and to unveil from the dust of ages those sterling
treasures which many among them were only now
beginning to appreciate.—(Hear and applause.)
On the motion of Sir 0. MOSELEY, seconded by
Mr. T. J. PETTIGREW, a vote of thanks was given to
the Duke of Newcastle for his able paper.
Mr. GUTCU then proceeded to read an elaborate
and interesting paper on Robin Hood and the ballads,
which he had prepared in consequence of the vicinity
of the place of their present meeting to Sherwood
Forest, which had been hitherto regarded as the habi-
tation of the celebrated English yeoman Robin Hood.
The recent singular discovery made by the Rev. J.
Hunter, in his researches among the ancient records
of the Exchequer, justified him (Mr. Gutch) in as•
serting the veritable existence of Robin Hood, and
the county of his residence. Mr. Gutch referred at
great length to the statements of Dr. Stukeley, Mr.
Thoresby, Mr. T. Wright, M. Thierry, a writer in
the Westminster Review under the signature of " G.
F.," and others, with regard to the existence and cha-
racter of the renowned outlaw, and quoted many in-
teresting passages from ancient ballads detailing the
exploits of Robin and his comrade, " Little John."
From the information derived from these sources,
combined with the discovery recently made by Mr.
Hunter, that at the time of the presumed existence of
the outlaw, it appeared from the account of the ex-
penses of the King's household, that one Robin Hood
was a porter of the chamber, Mr. Gutch expressed his
firm opinion that Robin Hood was not a mythical
personage, but had a veritable existence about the
year 1323.
A paper on the era and character of Robin Hood,
prepared by Mr. J. 0. Halliwell, was read, in the
absence of that gentleman, by Mr. T. J. Pettigrew.
The writer stated that the recent publication by Mr.
Hunter, in which he attempted to prove from records
that Robid Hood was a veritable historical personage,
had drawn much attention to this interesting ques-
tion. Without pretending to the discovery of any
fresh evidence, Mr. Halliwell thought that an intel-
ligible resume of the arguments on Robin Hood's
true character might not be unacceptable to those
whom he was addressing, who would then draw their
own conclusions on the subject. Robin Hood was
not mentioned by any writer previous to the latter
part of the 14th century. The only authentic
notice of him as an historical character was met with
in the pages of Fordun, who travelled and wrote in
the latter part of that century, and who intro-
duced a notice of the hero after relating the final
defeat, towards the close of Henry lll.'s reign,
of the great national party of England under Simon
de Montfort. Mr. Halliwell then read the narrative,
which stated that " from among the dispossessed and
banished arose that most famous cut-throat Robin
Hood, and Little John, with their accomplices,'' and
proceeded to record some of the acts of the daring
outlaw. This account appeared only in a late
d as of little
•
of Fordun, which Mr. Halliwell regarded to of ;el" if
authority ; and asked whether it
Robin Hood had been a real person
so
occur in
of itioch no'to-
riety, that no notice of him whatever
ww°ant of histo •
contemporary history. There wasd nhoad such a per-
rians who treated of the period,
the had
part of the
son as Robin Hood existed
have been no-
13th century, he must unquestionablyhovveietnr
3 Abbas, or other
writers. by Matthew Paris, Ben"
n they
popularmerely
ballads,
writers. Instead of this,
him mentioned, as a subject °the
century after alleged time
a work composed a
of his death. The early ballads on the subject were
most numerous, but it seemed scarcely credible that
those romantic compositions should be treated as evi-
dence. Mr. Halliwell proceeded to quote some ca-

18 1852

ASSIZE INTELLIGENCE.

rious and interestieg extracts from the Robin Hood
ballad poems, and came to the conclusion that it was
-
most unsafe to rely On the. very insufficient evideecea 11701?TifF.RN ClRCUlT.—Liverpool, Aug. 17.
of the existence ofeuch a:persetnaS were derived from RT
NISI PES COURT.—(Before Mr. Justice
this source. In all prehlibility he was a mythic per-
WidLITMAN.)
sonage, and the c&njeeture that his name was merely, MELLOR v. LEATHER AND cLoUGH.
a corruption of of the Wood" was by no This action came on yesterday afternoon, and was
means an impossible one.. not finished until nine o'clock last night.
After a few words from Air. PLANCHE, •h' tel Mr. Sergeant Wilkins and Mr..l3irnie appeared for
rence to some of ;he facts mentioned in the foregoing the plaintiff Mr. Hugh Hill, Q.C., for the defendant
papers, • Leather, and Mr. James, Q.C., and Mr. Milward, for
laws, courts
Sir F. DwARRIS read an able paper on the forest . the defendant Clough.
, and customs, and. the Chief Justices in This was .an action brought by a merchant residing
Eyre north and south of the Trent. in Liverpool, who in 1849 bought a cream-coloured
The meeting separated at a late hour. leanyiu Brazil, and in the spring of 1850 brought it
from Pernambuco to Liverpool. The effect of the
voyage greatly deteriorated the." pony, and it wig
landed in -bad eeedition. A livery stable-keeps
named Balmer, residing at West Derbvewas sent for,
he,recommended that-Mr. Middlehurit, the vete-
rinary kurgeckri, should be called in. The pony, un-
der his.attention, recovered, and, being a very beau-
tiful pony, excited general admiration. The pony,
however, soon after became again unwelj, and was
again placed under the care of Mr. Middlehurst and
Diluter. Buttner proposed that it should be sent to
a strawyard in Wales belonging to a brother-in-law
of his, named Harker, and to this arrange-
ment the plaintiff agreed. The pony Was ac-
cordingly sent there. Some time afterwards
Bulmer went to the plaintiff with a very doleful
and told him that the pony was dead,
n
would take him to the tanyard and send
and that
anhco e ,
him one orhis feet to'keep in remembrance of him. In
30 doing Bulmer had acted bona fide to the best of his
infdrination. A short time after this Bulmer met the
defendant Leather, who is a surgeon, and from him
he ascertained that the pohy was Hot dead, as he
(Leather) had bought him of a person named Came-
ron, WLo went by the name of Scotch Sam. The
Plaintiff then saw Leather, who admitted that he had
hi 4 Penn lent refused to give it up unless;3o guineas
were given to him for it. The plaintiff refused to do
thisjaut offered to give Leather 1.01. to cover the ex-
pellees be had been at in Medicine to curs the animal.
This the defendant rerused, and the plaintiff was ad-
vised to get possession of the posy as he could. By
the plaintiff's directions Balmer, accompanied by a
man named Harrison, a bailiff, got possession of the
pony and took it to some livery stables out of the
borough. The defendant Cloug-b, a detective officer,
was employed by the defendant Leather to fled his
pony, and take into custody those who had taken it
away, on a charge of felony. This charge was heard
police magistrate, and dis-
thoerdered to he delivered up to
Inb eifseeree3,3tal
nr.dMtahnes fi
pe lodn,y
Leather on his entering into a replevin bond.
For the defendant Clough, Mr. JAMES submitted
that there was no case against his client, as he was
merely acting in the ordinary discharge of his duty
in doing what he bed done, within the jurisdiction of
the Municipal Corporation Act.
For the defendant Leather, Mr. HILL contended
that his client had mode a bond fide purchase of the
pony, not knowing it hod been obtained by fraudulent
means. Oa Harker receiving the pony it got worse,
oarndde,reudndtoerbetheadvice of
Tit•hler.po.anlyiddllvelaasu,rsth,oiwtewvears,
de-
fendanto
pes e destroyed.
rli.te3atthheerskbeoluegtohnt
for anatomical
Os., intenduirnpgosteos.maHkee
sold to Peter Cameron for 205., and frcm him the
an _
.p
some experiments upon it, and, if he did not succeed,
gave the pony quinine,asbe
bad
maded under
boisnias
fidetreatmentp arehaiste re-
covered;
ssaensd,
were called in support of this statement,
the animal, be made no a
concealment of it.
and
Mr. Sergeant Weextras replied on the whole case.
toHis LORDSHIP, in summin up, left it to the jury
say whether the plaintiff had given authority to
Harker and Bulmer to sell the pony.
If be had,
hadther e d
is waspos e adn
oefn
itd to
ino the
fraud,ca if nor, and
theHarker
plaintiff was en-
s e
titled to their verdict. The jury would also say
what damages they would give if they found for the
plaintiff.
The jury found a verdict for the plaintiff—..
Damages, 201.
His LORDSHIP said en the pleadings the plaintiff
could only recover 31., but he would give the plain-
tiff leave to move to increase the damages to 201.
To-day the Court has been occupied until the
afternoon with the trial of an insurance case, to which
there was a plea of fraud, the question raised being
whether the vessel was seaworthy or not when in-
sured? The case was very uninteresting. A num-
ber of cases in the second list have been arranged and
disposed of.
CROWN COURT.—(Before Lord Chief Justice
CAMPBELL.)
Robert Bradbury, aged 31, was indicted for a rape
upon Anne Spirey.
Mr. Overend prosecuted, and Mr. Monk defended
the prisoner.
The prosecutrix bad been sworn, and was proceed-
ing to give her evidence when she fainted away, and
a medical man was sent for to attend her. After the
Court had waited a quarter of an hour, the surgeon
said that the prosecutrix was wandering in her mind,
and incapable of giving evidence, and that he could
not say when she would be sufficiently recovered.
Mr. OVEREND, on behalf of the prosecution, then
proposed, under a recent statute, to put in evidence
the deposition of the witness taken before the magis-
trate, the witness being unable to attend and give
evidence.

His LORDSHIP thought the de-positions net receiv-
able as evidence under the circumstances, the words
of the statute, the 11th and 12th of Victoria, c. 42,
se:tien 17, being, " that if upon the trial it shall be
proved that any person whose depositions shall have
been taken is so ill as to be able to travel" and give
evidence, his depositions may be read. Here the
witness had been able to attend the trial, but could
not give evidence. The best plan would therefore
be to take a verdict of acquittal ; and under all the
circumstances of the case, and from reading the de-
positions, he did not think that the ends of justice
would be frustrated thereby.
George France, aged 27, was indicted for having
committed a burglary at Weat Derby, at the house of
John Owen, on the Ist of June.
Mr. Blair prosecuted, and Mr. T. Atkinson de-
fended the prisoner.
It appeared that the prosecutor, who lives at West
Derby, his family consisting
servants, end four men-servants, bad on the night. of
the Ist of June last his mother-in.law end :ister-ii-c
of his wile, two maid:
law stayinc, with him. About
0:1f1 o'clock in
the
morning the prosecutor heard some footsteps in
lobby of his house, into which bis opened.bedroomrrnrere
h and
He called to his men, but receiving
his wife got up end went to the
bedroomcried out, " B—
bolted it. A voice in the lobby
A htheednoor was noens
door and
your eyes, burst it open," and the door
received a violent
immedi-
ately burst open, and the prosecutor
six or seven men
blow with an iron
weapon, the room, and
masked and disguised thent, .
oh! my men, spare
the prosecutor then told them he had
my life, don't kill me.
, .s, and one of them said " Then
a nice sum of TI"T" -b," prosecutor then went to his
cried
„mine
let us have it.",,,
ovv
five men on the stairs, and
sitting-room, a
a m door. He took from his desk in
his room 761. j
one at the bedroom
notes and gold, which he had
Manchester the day before, which he
gave to the m
received in gn.
They then placed him on a sofa
to the wall, and ordered him not to look
with his face
One of them then said, "You have more
at
thanthem this ?" and he told them that there were
money
few sovereigns
„ left in the desk, which they took
out.
They then ordered
him to go to his bedroom
and go to
-
bed. A man was watching the door, and a
man followed him into his bedroom, and ordered him
to sit in a chair near the bed, pointing a pistol at his
bead. The burglars remained in the house an hour,
taking with them a gold watch, two silver watchea,
and some plate, besides the money. While this was
going on two men went into the room where the
farm labourers slept, and ordered them to lie still,
pointing at them something which they took for a
blunderbuss. All the men were masked, and none of
the witnesses could swear to the prisoner, although
they said his size and height and general appearance
corresponded with one of the burglars. After the
burglars had been gone some time an alarm was
given, and the neighbours got up and joined in the
pursuit of the burglars. At 'Walton they met a
policeman, who bad seen six men get over a stile
into the high road. He attempted to seize two of
them, and the other four ran down Bootle-lane.
One of these four men he swore was
in the the
prisoner at the bar. One of the two men he
had seized fired a pistol at him, tbe smoke of which
blinded hlrn, and they both escaped down Bootle-lane.
A police officer named Capstick met
sixmen
where
direction these men bad run, and asked them in l h
they were going? They said to Liverpool, and had
been watching the brick-fields, and
and that they had
country. Capstick
heard there had been a row in
it themselves, upon
said he thought they
.bad d
and one of the men, whom
which they attacked him ;
knocked him down with
he swore to be the prisoner,
_., .
They then 1a I ran away. Ca stick
a life preserver.
went towards Liverpool, and gave infor-
mationimmediately
police,
in consequence of which the
to the
apprehended
afterwards and identified
prisoner was
Howard and Capstick as one of the six men.
by one
.. er's defence, the Learned Counsel
,
contended that the prisoners identity was not satis-
factorily
out, and he called two witnesses to
made
pan alibi. rove
- Mr. Bema having replied,
iiis LORDSHIP summed up, and the jury
found the
prisoner Guilty.
His LORDSHIP ordered sentence of death to be re-
corded against him, telling him he would be trans-
ported for life ; and advised that the witnesses
for the
prisoner should be indicted for perjury.
Mr. Bliss, Q.C., has been sitting trying prisoners
i in the Sheriffs' Court during the day.