The Sun.
London, England, 1838-09-17 00:00:00

SHETLAND ISLANDS.

Extract of a letter from Lerwick, dated Sept. 11:
On Tuesday and Wednesday last there were some herrings
caught, but on Thursday the hopes of all were dashed by a
tremendous ,*ale from the east, which lasted all that day and
all Friday. The crops both of corn and potatoes along the
whole cast coast have been destroyed, precisely as they were
last year nearly at the same season. Yesterday the boats
caught no herrings, but this morning- several of them have
made good hauls at this station, and at Scallaway. If the
w .!atlier keep favourable for a fortnight, they may still make
an average &Wag.

CRIMINAL COURT-(THIS DAY).

OLD COURT.

The September Sessions of this Court commenced today
before the Lord Mayer, the Recorder, Alderman Lainson, the
Sheriff, &c. In consequence of the short period that has
elapsed Letween the termination of the last Session and the
commencement of the present, the callendarisextremely light,
there being little more than 150 prisoners for trial. The
cases of Myers, who stands indicted for the murder of Mr.
Davidson Pow, and that of Mr. Broughton, who was the second
of the unfortunate Mr. Mirfin, and who it is expected will sur-
rendor on Wednesday arc the only ones presenting any points
of interest.

At the opening of the Court, Ann Cocking, John Cocking,
Benjamin Buggy, and George Washington Maldree, who
were convicted at the last Sessions, and sentenced to be trans-
ported for ten years, were placed at the bar, when
The RECORDER informed them that the Learned Persons by
whom they were tried had overlooked the provisions of the
Statute which in each of their cases made it imperative that
they should be transported for fifteen years, it therefore be-
came his painful duty to pronounce that extended sentence upon
them. With respect, however, to the three first prisoners, a re-
commendation would be forwarded to the Secretary of State,
recommending that the sentence first pronounced upon them
should be carried into effect. As to George Washington
Maldree, the circumstances attending his case would be drawn
to the attention of the Learned Person who tried him.
THE CHARGE.

The RECORDER, the Grand Jury having been sworn, pro-
ceeded to deliver his charge to them. He would not on the
present occasion occupy their valuable time by any observation
upon the generality of the cases about to be submitted to their
attention, as they were of that nature which the experience of
the Grand Jury would enable them to deal with without any
comments from him. There was one case, however, to which
he felt it right to call their attention, namely, a charge that
was likely to be preferred against an individual of murder,
arising out of a transaction which was ordinarily denomi.
nated a duel. He was bound to tell the Grand Jury
that if two persons deliberately fought a duel, and one
was killed, that the principal and both the seconds were
guilty of murder, and that, too, notwithstanding there had
been most grievous provocation. It was also quite immaterial
by whom that provocation was given, whether by the party
killed or the individual who shot him. In the eye of the law,
the second of either party was guilty of murder as being pre_
sent, aiding, and assisting. It was true it bad been stated
by Lord Chief Justice Hale that the rule of law as to princi-
pals in the second degree had been somewhat strained, but
there could be no doubt that the party who was second to
the person killed was liable to be tried for the crime of mur-
der. In the present instance, when the circumstances were
adverted to, the second of the unfortunate deceased would be
found to be as much aiding and assisting as the se-
cond of the individual who had slain bile. If upon
the evidence that was brought before them, facts should be
proved that warranted them in putting the case in a course of
further investigation, they would be bound to do so ; he
would refrain from adverting to the circumstances of the case
further, as the Grand Jury would see from the witnesses that
came before them, whether the party charged was present,
aiding and assisting, and act accordingly. He could not dis
miss the Grand Jury, who were gentlemen coming from the
different counties to which the jurisdiction of the Central Cri-
minal Court had been extended, without adverting to circum-
stances of deep interest to them and the public, as showing
that the present system of imprisonment was not effectual in
checking crime. He alluded to the number of persons, who
year after year, were committed to the prison of Newgate, who
had been previously convicted,aadyeceived summary pipishmene.
In 1835 there was convicted within the jurisdiction of the
Court 1,918 persons ; 627 were acquitted,
and against 261 no
bills were found. Now out of that number 137 had been
before convicted at that Court, and no less than 465 bad
been before imprisoned upon summary convictions before Ma-
gistrates. In 1836 there were 2,190 persons convicted within
the jurisdiction of the Court; there were tried and acquitted,
in addition to that number, 594, and against 331 no bills were
found : now out of that number 204 had been before con-
victed, and 697 bad been imprisoned by summary conviction.
In 1837 2,292 persons were convicted, 564 acquitted,
and 175 against whom no bills were found : of
that number 214 had been previously convicted at
that place, and 763 bad been imprisoned by summary con-
viction. In the present year 1,640 had been convicted, 402
ac
number
i tte d,
23a0nd ha
da gh
ea ienns th
elfosrBe
enoon
vbiiel
tl sbe
d a b i
nd
that
u tn
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; a
nodf that
iGmrparni sdo
jri
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hs ut
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ea ry
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to
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nh
ge
the statements of some persoas that transportation was too
hima rpsrhi s foonrint
ehne generality o
totally
f offences,inefficacious hta t
for the
the present
prevention system
of
crime. He trusted that in any alteration that might be made
in the jurisdiction of the Central Criminal Court, the facts he
had now stated would be borne in mind, and that from them it
would be seen that imprisonment alone had been ineffectual in
and the Court proceeded to
preventing
The
Grand thepge e
Juryro thenr s sof
retired,
cri m.
swear in the Petty Jury.

MR. ROEBUCK.—Bath is about presenting to its
late Member a testimonial of the regard in which he is held
by the inhabitants, and a superb dinner service of silver is
largely subscribed for.
Mr. O'CONNELL AND THE PEOPLE OF IRE-
LAND.—We have received to-day from Dublin the Pilot, in
which paper is published Mr. O'Connell's second letter to
the people of Ireland. We regret that the demands on our
space prevents its appearance in our columns to. day,
CHURCH RATES.
There is no end to the Church-
rate oppression. theyy a parish
rate,atofw
hOrtonich lately,on lyfive persons at-
tended a vestry meet-
t ended : three voted against the rate, and two for it (one of
was
called to In
le
the latter being at the time a little befoozled in drink, and the
other having no legal right to vote). Notwithstanding this,
the churchwardens levied the rate. Mr. Stordy, one of the
Society of Friends, refused to pay the rate, and was sum-
moned before the Magistrates at Carlisle to enforce the pay-
ment. He still refused, and a levy was made upon his goods.
The claim made upon him was for 4s. 2d., and for the pay-
ment of this, two bushels of barley, worth 295., were seized
and sold, and the proceeds taken to sup Fort the Church, and
pay the expenses. Do the Clergy still wonder that the Church
is looked upon as an engine of oppression by the great bulk of
the people ? Carlisle Journal.
SERIOUS ACCIDENT.-011 Wednesday last, as
Mr. Hudson, brother to Mr. Charles Hudsor, of Blythe, was
returning from Marnham fair, his horse fell with him when
near Retford, and he had his thigh fractured in two places.