The Sun.
London, England, 1830-08-27 00:00:00

ASSIZES-(RECEIVED THIS DAY.)

OXFORD CIRCUIT.—GLOUCESTER, Auu.
Mr. Justice PARK finished the business on the civil
side at one o'clock to-day. His Lordship afterwards
assisted Mr. Jastice flosAugurr in trying prisoners.

Ellen Turner and Elizabeth Ledbetter were indicted
fw stealing from the p:•raon of Herbert Price 130/, in
flank-notes, and Edward Price was charged with having
receiving part of the same, knowing it to have been stolen.
It appeared from the evidence that the prosecutor, who is
a very infirm old man residing at Gloucester, went
into a public house in that city, called the Duke
of York. After be had been there some time,
the two female prisoners and another woman came
in. Whilst they were there the prosecutor, who was
rather tipsy, pulled out his purse anti exbibited his money.
When he got up to start off home, the women pursued
him, and on passing College-green they laid bold of him,
kissed him, and " deared" hint, until they had succeeded
in extracting his property. A person then came up, and
the women ran away. The old man immediately missed
his money, and exclaimed, " I have lost my all, I ant
• rained for ever." One witness spoke to the too
female prisoners being the same women that followed
the prosecut w out of the public-house. It was also
!moved that Turner directly afterwards appeared all at
once to have been raised from a state of abject wretched-
ness to comfort. Her miserable old rags were exchanged
for decent clothing, and she also had plenty of money, it
being proved that she changed several 51. notes within a
day or two of the robbery. There was no evidence to
connect the other female. prisoner with the robbery, only a
slight recollection of one witness believing that she was
one of the women who followed the prosecutor out of the
imblic-horse, and her being in company with Turner
after the robbery. The only evidence to convict Price of
the charge of receiving was the fact of his having accom-
panied the women to Hereford, where he lived with them
for several days, and during which time some of the 51.
notes were changed.

Mr. Justice PARK summed up very minutely, and the
Jury, after a short consultation, r turned it verdict of
Guilty against Turner, and acquitted the other prisoners.
Mr. Justice PARK, in passing sentence, said it was an
extremely hard case on the poor old man, and had the
prisoner been indicted capitally her life must have paid
the forfeit of her crime ; but a late Act of Parliament h►d
,abolished the punishment of death in cases of stealing
frorn the person, when unattended with violence. As an
example, however, to the 'unfortunate women of Glou •
center (and all other places), many 'of whom he then
saw crowding that Court, and to whom he would take that
opportunity of saying that their vicious course of life must
bring them to misery and wretchedness, if not to the gal-
lows—as an example to all such, he should pass upon
the prisoner the extreme punishment the law snowed,
which was, that she should be transported beyond the seas
for the term of her natural life.

The prisoner in the most impudent manner s►id,
" Thank you, my Lord► but I hope you will testae me
my property."
Mr. Justice Palm—lndeed I shall not; it is not your
property, hut the poor old man's that you plundered ; let
it I,e
_given to him.

The prisoner was then about to enter into a long strain
of invectives against the witnesses, when his Lordship or-
dered the gaoler to take her away.
Mr. CIIA nLzs PtllLLtrs and Mr. Putt.nrrT were Coun-
sel for the prisoners.

John Illicit, a respectable looking old man, was in-
dicted for having bought, on the 17th of June, 81 lbs. of
brass plates which had been stolen from the tomb-atones of
several vaults in the church-yard of Nlechinhampton, in
this county, he well knowing the same to have been stolen.
It appeared from the testimony of several witnesses that
the church-yard of Mechinhampton some time since was
robbed of all the brass inscription plates that were on the
various grave-stones and monuments, and fur which robbery
a person named Smith had been tried and convicted.
Smith confessed that he had sold the brass to the prisoner,
who is a master weaver, and p assessed of considerable
property. A constable accordingly applied to the pri-
soner on the subject, who immediately acknowledged that
he had bought some old brass of Smith, but that he was
not aware what kind it was ; be, however, produced it,
and it was found to be what had been stolen from the
church-yard. He was, in consequence, taken before a
Magistrate, on the charge of purchasing the stolen pro-
perty, knowing it to have been stolen ; but he was at that
time discharged. The parish officers, however, consider-
ing it an offence of a very heinous nature, preferred a bill
of indictment before the Grand Jury, and the prisoner this
morning surrendered to take his trial.

Evidenc! having been given of the above facts,
Mr. Sedeant LuDLow and Mr. TALFORD, the pri-
smelt; Counsel, took a legal objection to the form of the
indictment, which was founded under an Act of Par-
liament passed a few years since, and known as one
of Mr. Peel's Acts, which enacts " that if any per-
son steal or carry away any brass, iron, wood-
work, &c. &c. attached to any church, chapel, or for
the beautifying of any place dedicated to public use,
said person shall be guilty of a felony, although the pro-
perty be not discovered as belonging to any particular in-
dividual or individuals." The Learned Counsel contended
that a church-yard was not such a place as contemplated
by the Legislature.
Mr. Justice BOSANQUET overruled the objection. His
Lordship said he was clearly of opinion that a church-yard
was a place dedicated to public use, within the meaning of
the statute, and that the indictment therefore could be sus-
tained.

A number of witnesses gave the prisoner. a most excel-
lent character for }musty and respectability for more than
thirty years : they also stated that he lived on his own
freehold premises, which were worth 1,5001.
The Jury consulted for a short time, and then returned
a verdict of Not Guilty.

NORTHERN cutcurn—LANCASTER, Aunt. 25;
Tlig KING V. THE INHABITANTS OF SALWICK.
The Court was occupied the whole of yesterday and a
part of this day in the trial of this cause, which was an
indictment against the inhabitants of Salwick for not re-
pairing an alleged highway in that township and the defence
was thst the road was not a public highway, but a private
road, which none but the inhabitants of the township
were entitled to use. The indictment was tried at the
last Assizes, when the trial occupied the whole day, anti
the Jury remained in consultation till three o'clock in the
morning, when, in consequence (as it was understood),
of the obstinacy of one Juror against eleven, who were
inclined to find a verdict of not guilty, they returned a
verdict of guilty.
The Court of King's Bench, however, set aside that ver-
dict, and granted a new trial, the result of which to-day
was after the examination of several witnesses on both
sides, a verdict of—Not Guilty.
Mr. Sergeant Cross (with whom was Mr. PArrssote)
conducted the prosecution, Mr. Jots WILLI/ors and Mr.
Cor.rsr.ste appeared for the defendants.
The monea expended in trying the two indictments
would be (it is said) sufficient to keep the road in question
in good repair until the day of general judgement.
Mary Carson alias Steele was indicted for killing and
slaying James Murphy, a boy of five years of age, by giving
him a quantity of whiskey to drink.
Mr. CLARKE having stated the case for the prosecution,
called the following witnesses
Honors Murphy, the mother of the deceased—l live in
Back Porter-street, Liverpool, and the prisoner lived in
the same court with me. On the 3d of this month
went to market, and left my son James in the care of a
boy. On my return from market the prisoner called tile
Into her house, and asked me to drink some whiskey,
which I did. Whilst I was in the prisoner's house my
hale boy came in, and the prisoner gave him a " sup" of
whiskey out of a tea-cup. I said, " Mrs. Steele, don't
give it him—it'e not a thing to give to a child," but
the prisoner gave him a little more out of the teacup.
I then went home and left the boy at Mrs. Steele'a house.
I saw him again in about an hour, when he came home
and fell down on the floor. Upon lifting him up
I saw that he was quite drunk, and I put him to bed.
Ile fell asleep, and when I went to look at him in about
two hours afterwards, I found him quite black in the fare.
,
He, lived until half-past twelve o'clock the following day.
On the day the child died,
hut before he did die, I saw
Mrs. Steele, and asked her why she had given him the
whiskey, anti else said
him any thing to hurt him."
" Mrs. Murphy, I would not give
Mr. Davies, a surgeon at Liverpool_l was called upon
to attend the child, Whom I found in a dying state. I saw
the prisoner,
and asked her why she had given him the
whiskey, and she said she had given him only two or three
spoonfuls. I opened the hotly,
and found the coats of the
stomach completely destroyed from the effects of the whis-
key, of which I found a considerable quantity in the stomach.
The prisoner having been called on for her defence, said
that she and the mother of the deceased had been in the
habit of taking care of each other's children, when either
had occasion to leave home. She had always been kind
to the Child " that was dead," and had given- him the
whiskey " out of good will," and not With any intention
to do him any injury.; She had been in the habit of giv.
ing whiskey to her own children, and-she never found
that it did them any a harm,"
The mother of the child baying iieen- 1141094mq by

Chief Joitieo TisnAr„ admitted that the prisoner had
been always kind to the chill, an 1 th tt she believed the
.ehiskey was not given with any intention to do the de-
,eased any injury.

The Jury found the prisoner Ou and
HIS Lou multi, having adverted to the conduct of the
prisoner, in giving such strong spiri,s to an infant of a
tend ,r age, sentenced her to be inprisoned for six months,
mud kept to he'd labour.

num. of CAPTS. small and MARKHAM.

( Abridged from the Dublin Morning Register of Aug. 25.)

COMMISSION COURT, DUBLIN.

Yesterday having been fixed on for the trial of Captains
Smith and Markham, of the 32.1 Regiment of Foot, t-or
killing the late Sta►ylish Starner O'Grady, Esq., in a duel,
the Court-house was crowded at an early hour with a great
,►artion of the most respectable inhabitants of our city.
Some ladies were also present. At a few minu►es past
eleven o'clock, Lord Plunkett and Mr. .htstice %%yuleleur
took their• seats on the bench. Captain Smith and Cap-
tain 'Markham-were then placed at the bar, Captain Smith
►ppears to be about 26 year►. His demeanour was calm,
~teady, but very dejected. Captain Markham is, perhaps,
►bout the same age as his friend. lJ looked thin, and
rather pale, and Ilk manner displayed much more anxiety
And impatience than that of Ciptsin Smith. Still he did
not want self•peasession, though he seemed sensitive and
irritable.

Mr. NORTH...,GPlltlenlell of the Jury, I have now, as
Counsel for the prosecution in this case, to require your
liatient attention for a very short time. Gentlemen, the
two prisoners at the bar, Captain Smith and Captain
Markham, appear there to answer for the death of the
late Standish O'Grady. The prisoners are men of rank
and high respectability in society : they are both officer.
in the 32d regiment, and both, I believe, hold the rank of
Captain. The late Mr. O'Grady was a young man of
about 28 years of age ; he belonged to the same honour-
able profession with myself, and was distinguished, as I
have always understood, for mild manners and gentle-
wanly demeanour. 'The circumstances which led to the
unhappy affair were apparently of a trivial churacrer. Mr.
O'Grady, had on the 17th of March, which you will hear in
mind war St. Patrick's-day, ordered hie horse for the purs
pose of riding out, and taking hie usual exercise. lie was
riding up Nassau-street towards Merrion-square, and near
Dawson-street, when he met a cabriolet with the two pri-
soners in it.' Mr. O'Grady was riding on the left-baud side,
which is the side adjacent to the wall of the College-Park.
It will appear in evidence, as 1 am instructed, that there
was a carriage on the other side of the street, which nar-
rowed the way which the cabriolet should pass, and
brought it near the wall by which Mr. O'Grady was
riding. It pressed so near that side, that, in trying to pass
it, he was obliged to put his horse up on the pathway; in
the attempt the horse missed his f toting, and he feared
would have fallen and thrown him, and he leaned forward
to save himself from the fall, or, to use the common ex-
pression, "to right himself in the saddle." He had a
small whip, a la ly'a whip—it was his mother's—and in
pressing forward it is possible, nay it is nearly certain, that
it struck the head of the cabriolet. I am further in-
structed to state, that in this collision, Mr. O'Grady did
not say one word to the gentlemen in the cabriolet, that
he did no more than I have said—try " to right himself
in the saddle." The horse recovered his footing, and he
his seat ;he went on at the same pace--a gentle walk, in
which he had approached the cabriolet, totally unconscious
of any ulterior matter. Gentlemen of the Jury, the gen-
tlemen in the cabriolet drew up as suddenly as its rapid
motion would permit, and Capt. Smith jumped nut of it,
with the gig-whip in his hand ; be overtook Mr. O'Grady
a little beyond Morrisson's lintel; he did not call to him ;
he did not expostulate with Mtn ; but he taloa him
round the back repNitedly with great violence : not once,
or twice, but, as a witness will prove to you, many times.
Gentlemen of the Jury, the unfortunate young man
appears to have borne this outrage with a very unusual de-
gree of temper. 'When he turned he saw Ca,stain Smith
mining back to his cabriolet he asked him who he was
—Captain Smith said he knew him well, but on the ques-
tion being repeated, lie said Captain Smith of the 324
Regiment. Gentlemen, God forbid I should say that
what followed on that day was inevitable, but in the pre-
sent state of society and public feeling it was natural. Mr.
O'Grady was a member of an honourable profession, and
belonged to a brave anti respectable family. He rode to his
father's house. I believe I have omitted to tell you who
that father is—it is Mr. Edward O'Grady, of Stephen's-
green, brother to our reapected Chief Baron. Ile sought
for a military friend, and applied to Lieut. Mactuunara, of
the Bth Hussars, who, in the course of the day, had an in-
terview with Capt. Smith and Capt. Markham, who acted
as hie friend. The meeting took place at six o'clock in
the morning; and, as I ant informed, the gentlemen at the
bar spent the greater part of the intervening night at time
Castle. I have now to state to you the occurrences of that
morning. Mr. O'Grady slept on the night of the 17th at
Portobello Barracks with his friend, and he proceeded with
him in a job coach to a field near one of the bridgre in the
neighbourhood of the barrack. It was understood that no
persons were to he on the ground hut the principals and
their seconds. Capt. Markham acquainted Mr. O'Grady
that the signal to he given was—" Ready !"—" Fire!"
When the arrangements were completed, the principals
came into the field at a signal to that effect, and were
placed on the ground ; the pistols were placed in their
hands, while Captain Markham and Lieutenant Macna-
marts stood by as seconds. Captain Markham then gave
the fist signal, but, front whatever cause, he did not give
it in the terms fixed on. He said, " gentlemen, are you
ready ?"......or " are you ready, gentlemen ?"—for I find
that the witnesses do not quite agree respecting it, Mr.
O'Grady conceived the word was to be as 1 have already
stated to you—" Ready !—Fire!"—and Ire did not under-
stand this was the word, but a prelimivary inquiry.
Captain Smith, however did not labour under this mistake,
he levelled his pistol and covered Mr. O'Otaily for a few
seconds. Mr. O'Grady perceiving his antagonist pre-
pared, raise.' his pistol, but before he had fully levelled it,
Captain Markham, whosa eye was upon him, gave the
signal. Captain Smith fired, and Air. O'Grady fell
Gentlemen of the Jury, he lived till about three o'clock on
the following day (Friday, the 18th of March), when he
expired. These are the facts of this unhappy case.
Evidence was adduced in corroboration of the above
statement, after which,

Judge VANDELEUR, summed up, and the Jury returned
3 verdict, finding both prisoners Guilty of Manslaughter.
Messrs. Sum and BeNNETr offered a few words, the
former gentleman for Captain Markham, and the latter
for Captain Smith, in mitigation of punishment, after which,
Judge VANDima uit addressed them, and said—John
Roland Smith and Frederick Markham, you have been
convicted, after a patient investigation of your case, and
having the benefit of able Counsel in your defence, of the
offence of having deprived a human being of his existence.
The Court, taking all circumstances into consideration,
sentence you John Roland Smith, and you Frederick
Markham, to be imprisoned in the gaol of Kilmainham for
twelve months.

The announcement of the sentence was received with
cheers from some parts of the Court.
Captain Smith, who in the latter part of the trial bed
evinced considerable emotion, soon as the sentence was de-
clared, elssped his hands to his forehead, and in en afony
exclaimed, " Oh God ! my God ! take my life—ut it
come to this—(then throwing himself into Captain Metk-
hatn's arms, he cried)—Oh! Markham, my dear Frede-
rick—have I brought you to this.--Oh ! I wish to God
they would take my life--shame, and disgrace, and every
thini; else have corns upon me—Oh ! my dear Markham,
I wish they would take my life." The unfirtunate gen-
tleman then covered his face with his handkerchief, ,and
burst into tears. Captain Markham and Captain Smith's
hrother, Mr. Smith, of Ilallintray, endeavoured to soothe
him, but in vain, for some minutes. A glass of water west
handed to him—he tasted a little of it, and as it WAS in-
timated the Court wished to add a few words to their sen-
tence, he was again brought to the bar.
Judge VANDELICUR said, that in passing the sentence,
he ought perhaps to have repeated the opinion which he
then gave, that the eouduct of the prisoners %Olen in the field
was such as to leave no imputation upon their charmer.
Captain Smith's friends then collected round him, And
he was removed from the Court.

Sir THOMAS BEEVOII, Burt., accompanied
by Mr. JAMEA COMMIT, were yesterday introduced at the
Hotel +lc Ville, in order, as had been beforehand arranged,
to make a formal presentation of the Address from the
Friends of Reform in London to the Citizens of Paris,
which Sir Trtostas was deputed at the dinner held on the
16th inst. to bear to this eity, The Prefect of eve
[utment of the Seine received the Address, having on one
hand A hotly of gentlemen belonging to the different civil
offices of the city, and on the other General I, ArAurrx,
accompanied by his Aide-de-ramp, as the representative ethif
the National Guards. Sir TnoMAa lizzvon and Mr.
hotel tie
in
Crinnzrr both addressed the assembly. They were re-
c*kceni(2,:esielitving
ewt.heieern:tlitarowft
iitt:hriedti,4l:l4:l:l,o:ennriaiedtrottn:ee, and the
Prefect and General LAFAYETTE made speeches in ac-
hy the senders of the Address. Sir TUONIAE anti Mr.
Galignaneo Messenger.

SPORTING INTELLIGENCE.

ASCOT-HEATH SECOND METING.

Tau as n V, A on. 20.--... The disappointment .4
day was more than fully compensated for .ity,the pleasures
enjoyed on the Heath ta.day. The weather was ae..fine
is could possibly be desired, notwithstandingthe fleecy sky
that to aline wise persona premised a showery, afternoon.
['he promise was not kept, and many. a fair lady was of
opinion, no doubt, that it was one of those feu/ that are
•' more honoured in the breasts than in the oinmervoree,"
flee attendance of visitere was apparently more 'numerous
than on the first thy, email at least equally fa4siertable and
,elect. The carriages ex.eorled a great distaste., And were
Irawn up two and three deep. These were lined prinei-
t illy with ladies, and amongst them the proportion of
beauty and elegance was larger than we recollect to litre
witnessed in any similar assemblage of that interesting per.•
tion of the species. It may be, however, that we were led
to think so in consequence of the warns and breezy state
if the attnisphere having drawn them out from their car-
riages, as the sun does bees from their hives, and thus
.ifforded a fuller opportunity of beholding their personal
attrac'ions, than on other occasions. It was universally
known thee the King would again visit the heath to-day's
and that, of course, formed a prominent inducement to a
number of persons who might not otherwise bare been
influenced by the tempt sti ins he'd forth by the sports
done; although even these turned out much better than
hose of the two preceding days. As the hour of one
o'clock approached, expectation was on tip-toe for the
Royal cavalcade, and soon after that hour, it made its ap-
pearance is the distance, coming tsp the course, hearted, as
usual, by Lord Marylmeough, in his dress of "Lincoln
green," and attended ley a numerous retinue of outriders.
As the first carriage, in which were their Majesties, pasted
along the lines of apectatars on both eiders, they were
warmly greeted. There was no mole present,, and conse-
quently the greeting being that of ladies and gentietnetts if
not so noisy, was more respectful, and not km enthusiastic.
Their Itbjeaties seemed to feel it so, for they repeatedly and
I cordially acknowledged it,--..the King by taking off hie hat,
and her Majesty by gracionsly bowing to the uncovered
spectators, Al they cheered and waved their hate to their
Sovereign and his Queen. The Royal cortege somptised
seven carriages, in which we observed the Duke and
Duellers, of Gleurester, the Duellers and Patten George of
Cumberland, Prince George of Cambridge, the Prince and
Princess &tellies), and their son, the Dolts and Dnehess
of Richmond, the Duke of Dome, Earl and Cottntees of
Errol, Lady Maryborough, Earl and COWS*, Af..lerr.ey,
Earl of Chesterfield, Lord and Lady Clinton, the Ipesee
Fitzelarence, Sir Frederick Wsteon, Sir T. Fremantle, Sir
Andrew Barnard, &c. &c. As soon as the Quelett entered
the Royal Stand, she came forward to the window,:! and
was immedietely hailed with cheers and waving of hits by
time people who hail crowded in front to see her. Her
Majesty made her acknowledgements by several gracious
bows; and shortly afterwards the King CAMS in view, and
was greeted in the same enthusiastic manner; in return
for which his Majesty also bowed several times. They
were dressed in the same way as on Tuesday. There were
several other persons of rank en the ground, amongst
whom we recognised the Marquis of Worcester, the Earl
and Countess of Sefton and Wife Melineux, the Eat' of
Uxbridge, Lord Durgi/rah, the Earl of Fife, Lords Al-
vanley, Forester, W. Lennox, Ice. Nothing could be in
finer condition than the course, and it was kept admirably
clear, under the excellent arrangements which prevail en
this heath.

The following horses started fur the first raesi
A Handicap Plate of 50 sore. The Ohl Mile.
Lord Jersey's Olenartney, 6 yrs 1
Mr. Reeeher's Polhill, 4 yes.. ... 9
Mr. Theobald's Bobedilla, 6 yrs
Mr. Montagu's The Duchess, 3 yr*
Mr. Cashy's Witlrush, 4 yrs
Sir Ileotheote's Cipriani* 3 yrs 0
Rough Robin, The Palfrey, Tagliuni, reederiec, and
Augur were drawn. Betting 5t04 on Glensrtney, end
6 to 2 agst Bobadilla ; the latter jumped off sad mid*
running for a quarter of a mile. Penbill theorem. to
the front, 'and kept so till nearly home, the limpid boy who
role whipping with greet and unnecessaty worthy; just
at the finish Robinson let out with Glenartney, and won
cleverly by a length. That Glenartney won WWI not by
any means a matter of surprise to those who knew any
thing of racing, Lottl Jersey's home for this and the 1001.
Plate having been so fsviittrably handicapped, that on
Wednesday evening it was generally expected his Lordship
would walk over for both. Whoever filed the weights
must either have shut his eyes to the relative merits of the
horses, or been lamestably deficient in judgment. • Lord
Jersey ought to consider himself under an Obligation td him.
The Ladies' Plate of 60 eon. The 0 d
Mr. W. Day's Profile, aged
Mr. Clerke's The Palfrey, aged
• Mr. Boast's notion, S yes I
This race did not irate any hums* ; int hatportnoce
may be calculated by the value set upon the winner. Woo
by a length. The winner, *rho Ina titiatneritdilimit by
S. Mann, the Palfrey by IVright.
wards. Betting 6t04 on Profile, $ eget Velfrey.
A Plate of 100 sous, given by the Town of Windsor.
Two mile, and a half.,'
Lord Ranelagles Donegsni, 3 yra . •
Lord Jersey'. Juryman, 5 yrs

The following were not plawl:—Bobarlilla, Palemon,
Moutniello, Penhill. Betting 6 and 7toti on Juryman,
and sto 1 apt Donegani. hissaniello made running to
the brick-kiln, where Heaton headed him ; at the distance
I)onegani and Juryman came out, and ran a severe rare
home, the former winning by a neck; rode by C. FA-
ward, Juryman by Robinson. Donegani was bred by
Lord Jersey, and is only recently sold to Lord RaneLigh.
As soon as the last race was over, the Royal party took
their departure in nearly the same order as that in which
they had arrived, and amid the universal sad hearty cheers
of the spectators. Upon the whole, this day's arnusemente
passed off with considerable eclat, and utmost to have
afforded unqualified pleasure to shoat who otende►l them.
We did not hear of a single accident having taken plate.