The Sun.
London, England, 1839-10-02 00:00:00

HATTON-GARDEN.

PICKING POCKETS AT SADLEIt'S WELLS.—Edward
Darmeray was charged with stealing the pocket of Mary
Davies in the yard of Sadlers' Wells Theatre on Monday
evening. It appeared from the evidence of the prose-
cutrix, that while she was waiting on Monday evening in
the yard of Sadlers Wells until the doors of the Theatre
should be opened, the prisoner snatched her pocket
containing a pocket-book, and one shilling and ten-
pence from her side. She snatched the pocket from
his hand, on which he hit her a tremendous blow on
the head, and ran up into the gallery of the theatre,
where he was taken by the policeman. On searching
her pocket the money was gone from it.
The prisoner, who denied his guilt, was fully com-
mitted for trial.

IVORSHIP-STREET
EXTRAORDINARY INCREASE IN THE AMOUNT OF
DRUNKENNESS AND OFFENCES.—Yesterday being the
day when the return is made to the Secretary of State
of the number of convictions which have taken place
at the office during the preceding month, the same were
made up by Mr. Boustield, clerk to the Magistrates,
when the aggregate showed a most remarkable increase
of offences and drunkenness, compared with the same
month last year. In September, 1835, there were 108
persons charged and convicted of being drunk, and of
having created a disorder, and assaulted the police ;
while the total number of convictions for offences of
every description was (G 3. In September this year,
there were 101 cases of drunkenness alone, with 74
cases of drunkards charged with being disorderly, and
having assaulted the police, making 175 cases, while
the total amount of every description of offences was
812, showing an increase in the month of 149 charges.
But in September this year, there was one day less
than was last, in consequence of there being five Suii-
days, the addition of which would increase the differ-
ence to above 180.

CIRCUIT INTELLIGENCE.

INVERNESS, SEPTEMBER

SCHOOLMASTER OF KIRKHILL-SINGULAR CASE.
Hugh Fraser, Schoolmaster of Kirkhill, charged
with breach •of the peace, as also profanity, especially
when the said crimes, or either of them, are committed
in church, and during the time of divine service, and to
the disturbance and disquietude of the congregation,
are crimes of an heinous nature, and severely punisha-
ble : And albeit, by an act passed in the eleventh Par-
liament of the reign of James the Sixth, chapter 27th,
entitled, " Punishment of the Kirk, Invaders of Mi-
nisters, and of Excommunicat Persones entrand into the
Kirk," it is statuted and ordained, " That quhat sum-
ever persons or persones shall happen hereafter
to perturbe the ordour of the Kirk in time of Divine
Service, or to make ony tumult, raise ony fraie, either
in kirk or kirk-yaird, quhairthrow the people then con-
vened, sail happen to he disordered, troubled, or dis-
persed ; the same sail be ane point of dittay, and the
persones to be convict thereof; sail tyne all their move-
able gudes, to be escheat to our Soveraine Lord, for
their offense ; but prejudice of greater punishment, gif
there should happen any greater offence, as slauchter-
bloud, mutilation, schutting, of haggbutes and pinto,
leites, according to the lawes of this realme." Yet
true it is and of verity, that you, the said Hugh Fraser,
are guilty of the said crime of breach of the peace, and of
the said crime of profanity, both and each aggravated
as aforesaid, and of the crime and offence specified as
aforesaid, in said statute, or of one or more of them,
actor, or art and part. In so far as you, the said Hugh
Fraser, being parochial schoolmaster of the parish of
Kit khill aforesaid, and being well aware that, by the
laws and practice of the Church of Scotland, of which
you became, or professed yourself a member, on being
appointed schoolmaster aforesaid, no person is entitled
and warranted to sit down at the communion table,
and participate, or attempt to participate, in the dis-
pensation of the sacrament of the Lord's supper, in
any parish church, without the sanction or consent of
the minister or kirk session of such parish, and with-
out having previously received or obtained, from, or
by authority of the said minister or kirk session, a
token in evidence of such sanction or consent; and
you, the said Hugh Fraser, having
at one time been in
full communion with the Church of Scotland, and a
communicant in the said parish of Kirkhill, and there-
after having been, by the kirk ssesion of the said
parish, and in particular by the unanimous resolution
or sentence of a meeting of the said kirk session, held
on or about the 13th day of June l 835, suspended from,
or refused the privilege of communicating at the
dispensation of the sacrament of the Lord's supper in
the church of the said parish, and refused a token of
admission to the communion table. And the libel, after
narrating several intermediate occurrences and pro-
ceedings in tho Church Courts, charges the pannel, that
without having applied for or obtained a token from the
minister or kirk session, you, the said Hugh Fraser, did,
upon the 10th day of June, 1838, or upon one or other
of the days of that month, or of May immediately pre-
ceding, or of July immediately following, and withi!.,.
the parish church of the said parish of and
during the time of divine service, and, which the con-
gregation was then and there aeserebled on the occasion
of the dispensation of tha sacrament of the Lord's

EVENING EDITION.

supper, wickedly, wilfully, profanely, and unwarrant-
ably intrude yourself, and sit down at the communion-
table among the communicants of said congregation,
then and there assembled ; and having been requested
by the Rev. Alexander Fraser, minister of the said
parish, then officiating, or about to officiate in dispensing
the sacrament of the Lord's supper, to withdraw- front
the contmunion.table, and you having refused to retire,
though repeatedly requested and called upon to do so
by the said Rev. Alexander Fraser, and though remon-
strated with, and urged and commanded to withdraw by
William Campbell, then and now or lately residing :u
Muir of Kirkton, in said parish, and Alexander Sin
Clair, then and now or lately tacksman of Buncbrew, in
said parish, both, or one or other of them, elders of
said parish, and by George France, Esq., then one of
the members of said congregation, and one of her Ma-
jesty's justices of the peace for the county of Inverness,
and acting in his said character of justice of the peace,
at the request of the said Rev. Alexander Fraser, as
you, the said Hugh Fraser well knew, and you, the
said Hugh Fraser having intimated that you would
not withdraw, and would resist being forcibly removed ;
and the said Rev. Alex. Fraser having thereupon di-
rected that force should not be used to remove you,
but having publicly announced that you would not be I
permitted to communicate or partake of the elements
of the Lord's supper, and the elders engaged in dis-
pensing the elements of bread and wine on the side of
communion table where you sat, having accordingly,
as instructed by the said Rev. Alexander Fraser,
passed you over, you, the said Hugh Fraser, did then
and there, while the cup containing the wine was pass-
log from one to another of the communicants seated on
the opposite side of the table, wickedly, violently, for-
cibly, and unwarrantably, and profanely, and indecently,
snatch at and seize hold of the said cup, and partqlte,or
attempt to partake of its contents ; and all this you, the
said Hugh Fraser, did, in opposition to the authority of
the said Rev. Alexander Fraser, and the remonstrances
of the said elders, and in breach of the public peace, and
to the great disturbance and disquietude of the congre-
gation, and to the interruption of the dispensation of the
solemn ordinance of the sacrament of the Lord's sup-
per, and to the grievous outrage of the religious feelings
of the communicants and other members of the gail con-
gregation, and to the scandal of all pious persons.
The pannel pleaded not guilty.
Mr. EDWARD GORDON, as counsel for the pannel,
objected to the relevancy of the indictment, contending
that there were no facts set forth sufficient to found a
charge of breach of the peace.
The ADVOCATE-DEPUTE answered these objections
to the relevancy.
The Court, after consulting for a short time, repelled
the objections.

A .Jury having been balloted for and sworn, wit-
nesses were examined.

Rev. Alex. Fraser, minister of Kirkhill—ls clergy-
man of Kirkhill since Lottery 1837. Pannel has
been schoolmaster for 28 or 29 years. A schoolmaster
signs the Confession of Faith, if required, previous to
admission. Recollects of dispensation of sacrament in
June 1837—the pannel had not asked for, or obtained
a token to communicate, and he had got no permis-
sion. I was officiating outside of the church that day,
and did not see what took place inside ; I recollect dis-
pensation of sacrament in June 1838—the panael had
not applied for a token, and got no permission to com-
municate. I officiated within the parish church—the
pannel appeared on that occasion. It is the practice to
require tokens of admission in my parish. Pannel catun
forward after the table was nearly occupied ; my at-
tention was directed by seeing the annoyance of the
communicants. After a little time I got up, and ex-
pressed my regret that a person should scat himself at
the table without my permission. I was about to offi-
ciate in dispensing the sacrament ; I hoped he wor:IJ
not persist, as the same would not proceed unlest tte re-
moved. I paused—he took no notice. sj men
tioned his name, then, to prevent ar.y. mistake.
I said he must retire. He conti'.ued still to
sit. I then intimated to one of the elders
that he was to remove, or sve:rds to that effect.
Campbell went and spoke for some time ; I did not
hear the conversation ; he sa'Al he refused to retire. I
then addressed myself to Mr. France, and requested
him to interfere as a Magistrate to remove him. Mr.
France spoke for some time ; he said, " Mr. H. Fraser
refuses to remove unless violence is used." I then
stated, that owing to the excited state of the comniu-
ticants I would allow him to sit there, but that he did
so by force, and not with my consent. I mentioned
that he was not to have the communion elements ; I
then came down from the pulpit, and gave directions try
Campbell as to how he was to manage with the e',e-
ments. The conversation with the elder was private,
all the rest was public. I saw him put down the cup
after partaking of it ; the service then proceeded. I
thought the communicants were very much agitated
with the whole proceedings ; several were standing and
crowding, to see what was passing below. The service
was interrupted with this occurrence from fifteen to
twenty minutes.
Pannel's declaration was read.

Witnesses were then called in exculpation.
Rev. Mr. Fraser, Dores—Produced records of the
Presbytery of Inverness for 1834, in which are recor4d
two certificates of character in favour of pannel,
by 150 parishioners of Kirkhill.

Jahn' Fraser, Teanuilt, was at the communion-table,
at liirkhill, in June 1838. Schoolmaster came accentiy
and orderly to the table ; nothing occurred till tninFistor
spoke. I came to the table niter patina ; he sat op-
poslte me. Never knew anything but good of pannei's
character.
Dr. John Mackenzie, Inverness, was known to pannel
for thirty-four years. Panne! and witness were tone
years together at college, and witness never heard an'y
thing against his character.
John Rose, tacksman of Kirkton, was in churc'm of
Kirkhill at sacrament in June 183 S. Saw par,nel go
to the communion table—he went decently and orderly.
Witness has known the pannel for nearly thirty years;
he is of good character.
The ADVOCATE-DEPUTE addressed• the jury in sup-
port of the charge.
Mr. GORDON replied on behalf of the pannel. The
pannel conceived that he had not been legally and for-
mally deprived of his privileges as a communicant, and
therefore went to the communion table. But, everk if
it were granted that he went unwarrantabW to the sa-
crament, that was merely an ecclesiastical offence, un-
-1 ess it was accompanied by acts or threats of violence
or profanity, which were necessary to constitute a cri-
minal act.

Lord MACKENZIE summed up, when the Jury., after
an absence of a quarter of an hour, gave in t 1 eir vet.-
di ct, unanimously finding " the pannel not g'ailty of u
breach of the peace, and not guilty of profanity ; but
but find him guilty of illegally disturbing the congre-
gation."

Lord MEDWVN said, that under the statute, they
were directed to inflict one particular punishment, and
they had no discretion left to them.
The Clerk then read the sentence of the Court, de-
claring- the partners moveables to be escheat to her Me.
jest• ; and the pannel left the bar.

CHARLES DICKENS.—The National Gazette
(Philadelphia paper) gives the following skr.tch of Mr.
:
Dickens, the author of the " Pickwick
.pers" —" In
person he is a little above the standard Vight, though not
tall. His figure is slight without 'oeing meagre, and
is well proportioned. The face, t}-,e first object of phy-
sical interest, is peculiar, though not remarkable. An
ample forehead is displayed ".nder a quantity of light
hair, worn in a mass on one s',.cle rather jauntily, and this
is the only semblance of dandyism in his appearance.
His brow is marked ; Inis eye, though not large, bright
and expressive. Tlie most regular feature is the nose,
which may be called handsome ; an epithet not appli-
cable to his lips, which are too large. Taken altogether
the countenance, which is pale without sickness, is, in.
renose, extremely agreeable, indicative of refinement
telligence. Mr.Dickens' manners and conversation, and ;An
except, perhaps, in the perfect abandon among his fami-
liars, have no exhibition of particular wit, much less of
humour. He is mild in the tones of his voice, ar.d qui-
escent ; evincing habitual attention to the et.
rn
iqcctte anA
conventionalisms of polished circles. His society is r,oh
sought after, and, possibly to avoid the invitations pr'fssed
. re treat
upon him, he does not reside in London, but, with a
in
novtehlye wife, and
nd
Ile is a charmingchildren,it26years
of he has 3
age, but does
not look more than 23 or 24. Mr. Dicken'A is entirely
self-made, and rose from a humble station by virtue of
his moral worth, his genius, and his indu,try.”
The
Monitezzr announces that icing Denys, a
Negro chief of the coast of Guinea, who has rendered
many
services to French commerce, has been made a Keimh3;
of the Legion of Honour. A. brother of his Majest
was a non-commissioned officer in Napoleon's Impe-
rial Guard.
The Sun of Wednesda y costa ins a letter beaded 1
" Chartism in Sheffield?' In ow', respect the statement
in the letter is not correct. The writer says that the
man when bailed on Friday evening, was told to appear
at the Town Hall on the day following (Saturday) ;
that he did so attend, and, after waiting a long time,
was told that he could not be examined that day, but must
attend again on Tuesday. Now we happened to be
present on Friday evening, when Mr. Brownell admit-
, ted to bail ten of the prisoners, and among them Balm- I
forth, whose cases were represented to him as the lerst
serious, and we heard them told that the conditic,o of
their recognizance was that they should appear again,
not on Saturday but on Tuesday. If; therefore,, Barn-
forth was in attendance on Saturday, it rAmst have
been either from choice or from a mirandetstanding of
as plain instructions as ever were given.—Mc:geld and
Rotherham Independent.
THE EGLINToN 11.ANQUET. —We under-
stand that, in conseque:ice of the Glasgow Sacramental
Fast hap-tiepin on tine 24th of October, it is prop:wad
to .-r.ut off the banquet to the Right Hon. the Ear', of
Eglinton, at Irvine, till the 28th or 29th, a num},or of
gentlemen from Glasgow having expressed a wish, to be
present at the banquet. On the night after thr, banquet
it is proposed that there shall be a splendioA dress ball
within the same pavilion.—Ayr Observer.

EVENING EDITION.

THE COLONY OF NEW ZEALAND.

Extract-fromlt despatch from 'the. Marquis of Nor-
' niiinby to Captain Hobson, dated Downing-street, 14th
1 August, 1839 :
" It is not, however, to the mere recognition of the
sovereign authority of the Queen that your endeavour;
I arc to be confined or your negotiations directed. It is
l further necessary that the .chiefs should be induced, if
Ipossible, to contract with you, as representing her Ma-
i jesty,. that henceforward no lands shall be ceded either
gratuitously or otherwise except to the crown of Great
Britain. Contemplating the future growth and exten-
sion
of a British colony in New Zealand, it is an object
of the first importance that the alienation of the unset-
tleds lands within its limits shall be conducted from its
commencement upon that system of sale of which expe-
-1 rience has proved the wisdom, and the disregard of which
has been so fatal to the prosperity of other British set-
; thenents. With a view to those interests it is obviously
Ithe same thing whether large tracts of land be acquired
by the mere gift of the Government, or by purchases
effected on nominal considerations from the aborigines.
On either supposition the land revenue must be wasted,
the introduction of emigrants delayed or prevented, and
the country parcelled out amongst large landholders,
whose possessions must long remain an unprofitable, or
r,,t4er a pernicious waste. Indeed, in the comparison
of the two methods of acquiring land gratuitously, that
of grants from the Crown, mischievous as it is, would
he the less inconvenient, as such grants must be made
with at least some kind of system, with some degree of
responsibility, subject to some conditions, and recorded
for general information. But in the case of purchases
from the natives even these securities against abuse must
be omitted, and none could be substituted for them.
You will therefore immediately on your arrival announce
by a proclamation add*ssed to all the Queen's subjects in
New Zealand, that her Majesty will not acknowledge as
valid any title to land which either has been, or shall
hereafter be acquired in that country, which is not either
derived from, or confirmed by a grant to be made in her
Majesty's name, and on her behalf.
You will, however, at the same time take care to dispel
any appresensions wh
ich may be created in the minds of
the settlers, that it is intended to di-possess the owners
of any property which has been acquired on equitable
conditions, and which is not upon a scale which must be
prejudicial to the latent interests of the community.
Extensive acquisitions of such lands have undoubtedly
been already obtained ; and it is probable that before
your arrival a great addition will have been made to
them. The embarrassments occasioned by such claims
will demand your earliest and most careful attention.
I shall in the sequel explain the relation in which the
proposed colony will stand to the Government of New
South Wales. From that relation I propose to derive
the resource necessary for encountering the difficulty I
have mentioned. The Governor of that colony will,
with the advice of the Legislative Council, be instructed
to appoint a Legislative Commission to investigate and
ascertain what are the lands in New Zealand held by
British subjects under grants from the natives, how far
such grants were lawfully acquired and ought to be res-
pected, and what may have been the price or other
valuable considerations given for them. The Commis-
sioners will make their report to the Governor, and it
will then be decided by him how far the claimants, or
any of them, may be entitled to confirmatory grants from
the Crown, and on what conditions such confirmation
ought to be made.

The propriety of immediately subjecting to a small
annual tax all the uncleared lands within the British set-
tlements in New Zealand will also engage the imme-
diate attention of the Governor and Council of New
South Wales. The forfeiture of all lands in respect of
which the tax shall remain for a certain period in arrear,
would probably before long restore to the demesne of
the Crown so much of the waste land as may be held
unprofitably to themselves and to the public by the ac-
tual claimants.

Having by these methods obviated the dangers of
the acquisition of large tracts of country by mere land
jabbers, it will be your duty to obtain by fair and equal
contracts with the natives the cession to the Crown
of such waste lands as may be progressively required for
the occupation of settlers resorting to New Zealand.
Ail such contracts should be made by yourself, through
the intervention of an officer expressly appointed to
watch over the interests of the aborigines as their protec-
tor. The resales of the first purchases that may be made
will provide the funds necessary for future acquisition,
and beyond the original investment of a comparatively
small sum of money, no other resource will be neces-
sary for this purpose. I thus assume that the price
to be paid to the natives by the Local Government will
bear an exceedingly small proportion to the price for
which the same lands will be resold by the Government
to the settlers. Nor is there any real injustice in this
inequality. To the natives or their chiefs much of the
laud of the country is of no actual use, and in their
hands it possesses scarcely any exchangeable ♦alue :
much of it must remain useless even in the hands of the
British Government also, but its value in exchange will
be first created, and then progressively increased by the
introduction of capital, and of settlers from this country.
In the benefits of that increase the natives themselves
will gradually participate.
All dealings with the aborigines for their lands must
be conducted on the same principles of sincerity, justice,
and good faith, as must govern your transactions with
them for the recognition of her Majesty's sovereignty
in the islands. Nor is this all. They must not be per-
mitted to enter into any contracts i❑ which they might
be the ignorant and unintentional authors of injuries to
themselves ; you will not for example, purchase from
them any territory the retention of which by them
would be essential or highly conducive to their own
comfort, safety, or subsistence. The acquisition of
land by the Crown for the future settlement of British
subjects must be confined to such districts as the na-
tives can alienate without distress or serious incon-
venience to themselves. To secure the observance of
this rule will be one of the first duties of their official
Protector.

A company of Royal Artillery, under the com-
mand of Lieut.-Colonel Rudyerd, are to hold themselve
in readiness for immediate embarkation for Jamaica,
which will be as soon as a transport can be brought
round to carry them to their place of destination.

--- _
THE WEATHER.—Our harvest report is still
a desponding one ; and bad though the weather has
been of late, Saturday last was nearly the worst of all—
damp, rainy, close, and warm. The standing grain
I which has already sprouted to a very prejudicial ex-
tent, must have suffered more by Saturday than any day
in the week. As yet very little of the grain of this
year's growth has been brought to market here, and good
samples are few and far between, but Ireland is already
beginning to send supplies though scanty. Yesterday,
' we are happy to say, brought a most welcome change in
the elements—the sun was bright, the breeze stirring,
and when every day of sunshine and storm tells so in-
tensely on the comfort and well being of the kingdom,
it is the prayer of all that it may continue.—Glasgow
' Herald.
LABOUR-SAVING SOAP.— The following is a
recipe for making the labour-saving soap (so called),
which is an excellent article for washing, and raving of
labour. The receipts for making it have been sold for
from five to ten dollars, and the soap seven cents. per
pound ; but it can be manufactured for about two
cents. Take two pounds of sal soda, two pounds of
yellow bar soap, and two quarts of water ; cut the
soap in thin slices, and boil all together for two hours,
then strain it through a cloth, let it cool, and it is fit
for use. Directions for using the soap—Put the clothes
in soak the night before you wash, and to every pail of
water in which you boil them add one pound of soap.
-They will need no rubbing ; merely rinse them out, and
they will 'be perfectly clean and white.—New York
Paper.
ECONOMY IN CANDLES.—If you are without
a rush-light, and would burn a candle all night, unless
you use the following precaution, it is ten to one an
ordinary candle will gutter away in an hour or two,
sometimes to the endangering the safety of the house :
—e This may be avoided by placing as much common
salt, finely powdered, as will reach from the tallow to
the bottom of the black part of the wick of a partly
be'rnt candle, when, if the same be lit, it will burn very
s:awlyryielding a sufficient light for a bed chamber ; the
salt will gradually sink as the tallow is consumed, the
retltidiallow being drawn through the salt and con-
sured in the wick."—The Economist.
AlThe t, QUEEN.—A poor woman, residing in
rdeen, and original] belonging to the parish of Cul-
almond, aged
Boas was
90ythe wife of a soldier of the 92d,
one of whose
whom died on the killed at Waterloo, and two of
fatigue and previo she:
confines of Spain and Portugal, from
wounds, lately sent a petition to
her Majesty, stating
situation., In the course of ten
days a letter was sent from Lord
barracks,
Hill to the Command-
ing Officer of the Aberdeen
Majestytrr acks, enclosing the sum
of 101 as a present from herfor the temporary
relief of this now helpless woman, but in her better days
the helpmate and nurse of our country's brave defenders.
--Aberdeen Herald.
WOLF SCALPS.—A SPECULATION. The
Nashville Banner says :—" By an old law of t'ohnits -State
a premium of three dollars and a half is
State Treasury for every wolf scalp taken over aef the
tain age—say six months. The Hamilton Gazette re-
' lates an anecdote of a man in the upper end of that
county, who, wishing to do ' the State some service,'
eaught a couple of old wolves, took them home, and in
the course of a year, has reared a brood of law offenders,
which hzs executes from time to time, as they reach the
proper age, receiving for their scalps the premium in
such cases made and provided."
AVALANCHE OF EAIITH.—On the lands of
Fieckhouse, a mile to the north-west of Blair-Adam
House, a portion of tree face of the hill, amounting to
nearly half an acre, has, to use a geological term, slipped
during the late rains, carrying along with it a quantity
lof turnips on its surface. A similar occurrence took
p; ace nearly two years ago, during frost, on the bill of
Bai:narty, near West Brackley, where at least two
acres of plantation were carried down with the earth,
which now covers more than two and a half acres of
ground.—. Edinburgh Courant.
I
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