The Sun.
London, England, 1838-06-07 00:00:00

POLICE INTELLIGENCE.

BOTV- STREET.
SUNDAY NEWSPAPEr.S.—Mr. Herbert Smith, who charged
Mr. Clement, jun., the publisher of the Observer, last week
with exercising his worldly calling on Sunday, contrary to the
Act of Parliament 29 Charles 11., c. 7, intituled " An Act
for the better observation of the Lord'o,,Day, commonly called
Sunday," attended before Mr. TWYPORD again yesterday, and
Mr. Dowling and Mr. Clement appeared to answer the charge.
The evidence of Joseph Everett, who proved that he pur-
chased a copy of the Observer in the office of that paper, the
Sunday before last, being read,
Mr. TWITORD had never heard of a charge of the kind
before, and inquired if Mr. Dowling had brought any opinion
in reference to the case, to assist him in considering the
matter ? Mr. Dowling had not. He submitted that it bad
not been proved that Mr. Clement had sold the paper, and it
did not appear from the evidence that it, was purchased from a
servant acting for him...

Mr. TWYFORI) considered that that point bad been proved
at the last hearing ; the paper had been sold by a person
behind the counter in the defendant's office, and he thought
that sufficient to justify him in concluding that the individual
was one of Mr. Clement's servants. The Act referred to
tradesmen exercising their worldly calling on Sunday, and he
considered Mr. Clement a tradesman, and consequently the
case came within the meaning of the Act. Dr. Johnson de-
fined a tradesman a person who keeps a shop, and he thought
the definition a very good one.
Mr. Dowling said that Sunday papers were acknow-
ledged in the Stamp Act ; they were mentioned as Sunday
papers, and a large portion of the revenue was derived from
their publication and sale. In a case founded upon a penal
statute of this description he conceived likewise that the per-
son from whom the paper was purchased shovld have been
shown to be one of Mr. Clement's scruants. Mr. Clement's
shop was a place of traffic where neasvendors and others
came for papers, and it was a common thing for these parties
to supply individuals with papers in the office, and it would
be a hard case if that gentlemen would be liable for the acts
of these persons.
Mr.TWYFORD repeated that he had imagined the sale of the
paper by one of the defendant's servants to have been proved,
and lie quoted the . opinion of an eminent lawyer he had con-
sulted in reference to this matter, and he had no doubt but the
master was liable here for the acts of his servant.

Mr. Dowling remarked that, in reference to the unstamped
penny publications, the great difficulty always was to trace
the sale of the paper to the publisher, and children and un-
known persons were appointed to sell them. The newsventicr
was as likely to have sold the paper in the Observer office as
one of Mr. Clement's servants, and he submitted that it
ought to have been proved that the purchase was made from a
person sanctioned by Mr. Clement. The crime should be
clearly brought home to the person committing it, and there
was no proof that such person was Mr. Clement's servant.
Mr. TWVFORD said that the only doubt was as to the indivi-
dual who sold the paper. It was his decided cpinion, however,
that the person publishing, or the newsvendar who sells the
paper, was liable to pay the penalty of ss. mentioned in the
Act ; but here it was possible that the paper might have been
sold by one of the individuals alluded to by Mr. Dowling, and
therefore he thought it would be unsafe to convict on the
present information.
Mr. Smith said that as the only question was as to the proof
of the sale, he would bring another case next week and prove
that point, and settle the question.
Mr. Dowling observed that he understood that Mr. Smith
had two cases of a similar nature at Guildhall, in which there
was no difficulty as to the sale, and the decision there, he
thought, would be sufficient to establish the principle, without
proceeding with a case of the same nature at this office.
Mr. Smith said that, in bringing another complaint here,
he was actuated with no bad feeling towards Mr. Clement, and
his only object was to have the opinions of two magistrates in
the matter.

The present case was then dismissed.
THE LONDON EQUITABLE LOAN CONIPANY.-Mr. Parkin-
son, the solicitor for the Duke of Wellington, waited upon
Sir Frederick Roc yesterday, in respect to the use which had
been made of his Grace's name by a Company called the
Equitable Loan Company.
It appeared that a gentleman of the name of Cheshire had
been desirous of purchasing shares in the Company, and seeing
the Duke of Wellington mentioned as a patron, and that the
account of the Company was kept with the Bank of England,
he wrote to the Duke of Wellington to ascertain if it was true
that he was connected with the Company. The Duke never
having consented to become patron, and to guard the public
against any mistake which might arise in consequence of his
name being used as such, wrote to Sir Frederick Roe on the
subject. Sir Frederick made inquiry at the Bank of Eng-
land if any account was kept there in the name of the London
Equitable Loan Company, and ascertained that no such Com-
pany was known there, and no account was kept at the Bank
in the name of the Company. Sir Frederick Roe had likewise
seen the Duke on the subject, and was informed by his Grace
that he had been requested, on the 17th of March, to become
patron of the Company, but returned an answer, telling them
that he was so situated that he could not comply with their re-
quest. After that intimation it was quite clear that they had
no right to make use of the Duke of Welliogton's name ; but
Sir Frederick observed as there was at present no case before
him, he could do nothing further in the matter.

HATTON-GARDEN.
Yesterday Robert Burridge was brought before Mr. ROGERS,
in the custody of Thornton, No. 53, E division, charged by
Dr. Andrew Ewer, of No. 13, Charlotte-street, Bedford-
square, Bloomsbury, with having stolen a cloak, value 4/ , his
property.
The prisoner was fully committed for trial.

MAR YLEB ONE.
A rough-looking weather-beaten son of Neptune, who 'gave
his name Jack Il.iliday, was brought before the sitting Ma-
gistrates, charged under the following circumstances :
On the previous night, as a police-constable of the E divi-
sion was upon the look out for thieves and other disorderly
characters of every description, he saw the defendant lying on

I the pavement in Clii,stone-sti ed. Ia ens hand he held a
• bunch of turnips, and in the other a Dutch cheese, together
with a latchkey, and a few half-pence. On being fted up he
seemed quite insensible, owing to the loss oillood, occasi9ned by
a wound in his head, evidently the effects of a fall ; and, in order
that he might have the benefit of medical assistance, he was core.
fall; removed to the Middlesex Hospital, when orders were given
that he should immediately be put to bed. This was accord-
ingly done, and in the course of a few minutes, when visited
by the surgeon, he suddenly sprung from his resting-place,
and, looking abut him, broke into a paroxysm of rage,
d_g the whole of the doctors, nurses, &c., and wondering
how the d—l he came there. flaving dressed himself he
sa!lied forth into the street, when he partook of a glass or
two of genuine rum; and having previously had more than
was necessary, he became so drunk as to cause him to be
conveyed to the station-house, where he was provided with
a comfertable lodging for the night. Jack, who skipped
about, and hoped his Honour would forgive him, was fined sc,
and discharged.