The Sun.
London, England, 1822-04-13 00:00:00

~~~~

In writing Sold wholesale and Retail, in London, by Wright,
No. 46, Fleet-street ; Barclay and Sons, Fleet Market ; New-
bery and Sons, St. Paul's church Yard ; Sutton and Co. Bow
Church Yard ; Sanger, 350, Oxford-street, opposite Bond-
street; Evans and Son, Long Lane, limithfield ; Johnston,
Greek-street, Soho; Butler and Sons, Cheapsidc; Godfrey
and Windus, Bishopsgate-street : and by all CeuntryVenders,
at 2s. 9d per Box.
*** It is necessary to inform the public that KEARSLEY'S
is the only original and genuine Medicine, and has been pre-
pared lky them for more than thirty years.

The LORD CHIEF JUSTICE observed that in whichever
view they regarded the plaintiff's case, thereal question in issue
was the same—whether, at the time of the, sale to the defend-
ant, he was aware of the insolvtncy of his brother, and sought
to secure himself by a male fide transaction at the Oxpence of
the plaintiff. The law permitted a vender, before the delivery
of goods was complete, to stop them in their passage, on infor-
mation of the insolvency of the purchaser, unless in the mean
time they were bone fide sold to a third person. In this case it
would, not be necessary to inquire whether the delivery was or
was not complete in law, because, even supposing the delivery
were, if there had been no bona fide sale to Mr. George Hope,
Mr. Thomas Hope had power by the order to compel their re-
delivery to the plaintiff: His Lordship then recapitulated the
facts applicable to the question, and left its decision to the Jury.
The Jury, found a verdict for the plaintiff; which was taken
by consent for the value of the whole 162 quarters, to pre-
vent further litigation, though only 150 were mentioned in the
pleadings.
KINGSFORD AND OTHERS V. HOPE.
This action was brought against the same person who was de-
fendant in the last, and on grounds nearly similar. The plain-
tiffs were the assignees of Mr. Thomas Hope, who sought to re-
cover the value of a vessel called The Two Brothers, of a hill
of exchange for 1501., and of several quantities of barley, -oats,
and beans, which they contended had been delivered to the de-
fendant for the purpose of gffing fraudulent preference over
other creditors. _

It was proVed that the several quantities of grain were pur-
chased by Mr, Thomas Hope, and almost immediately deli.
vered over to the defendant, who set them off against the sums
he was compelled to provide for the acceptances then unpaid.—
On the bill of exchange, however, he actually advanced 74,
and placed the residue to the account between them. He bought
the vessel nominally for 1,2001., of which he advanced 3001. ;
and it appeared that the vessel, even as between owners, was
not worth more than 4501. ; but the terms of the Registry Act
had not been observed so as to legalize the transfer. When
asked in the Corn-market respecting his brother's failure, he
lifted up his hands, and said—" It came upon him like a
thunderbolt ; he had had no transactions with him for years, as
he was always a morose man !"
The LORD CHIEF JUSTICE charged the Jury that, in this
case, if the defendant had fraudulently received the property,
'he would be liable to the assignees, although the venders of the
grain might, like Mr. Payn in the last action, have disaffirmed
the contracts, and sought themselves to recover. He distin-
guished the transfers of the ship and the bill from those of the
grain, and said that the sale of the former would have been
valid, but for the omission to comply with the act respecting
registries in reasonable time. As to the rest of the case, he left
the question of fraud to the Jury.
The Jury found a verdict for the plaintiffs, with 8331.
damages, which included the value of the vessel.

WESTMINSTER SESSIONS, APRIL 12.

RIOT AT KNIGHTSBRIDGE.
( Further Particulars.)

THE KING, AT THE PROSECUTION OF FRANCIS DELIGATE,

V. JOHN FLY.

This was an indictment against the defendant for having, on
the 26th of August last, unlawfully assembled with divers other
persons, opposite to Knightsbridge-barracks, and there caused
a certain riot and breach of the peace. There was a second
count charging him with an assault on the person of the pro-
secutor. The prosecution was instituted at the instance of the
Lords of the Treasury, and conducted by Messrs. WALFORD
and ADOLF/HIS. Mr. ALLEY appeared on behalf of the de-
fendant.

Mr. IVALFORD laid the facts detailed in the evidence cf the
following witnesses before the Jury :
Joseph Treck swore that lie was a trumpeter in the first regi-
ment of Life Guards. He remembered the day of the funeral
of Francis and Honey. He was at the Brown Bear public house,
corner of Knightsbridge-barracks, and was coming away from
it between six and seven o'clock in the evening. He was in his
uniform, and was attacked at the door by a mob with sticks and
fists. They cried out on seeing him, " Here's one of them.".—
They tore off his Waterloo medal. He was twice knocked
down, and lost his stable cap. There were fifty persons about
him. The road was quite full of people. 'When lie was knock-
ed down he called out for assistance, and Deligate, with whom
lie had been drinking in the public-house, came to his aid.—
Some soldiers also came from the barracks to his assistance.
Upon seeing the soldiers coming, the mob ran away.
Cross-examined by Mr. ALLEY.—The thing happened the
moment he came to the public-house door. There were no sol-
diers mixed with the people.
Francis Deligate, a private in the first regiment of Life
Guards, remembered the day in question. When Treck gave
the alarm, he ran to his assistance. He saw the mob knock
him down. He assisted him against the ma. Alderman
Waithman rode up to him, and ordered him to go to
his barracks, or he would have him put into confinement.
He then went towards his barracks, when the prisoner
came up to him, and hit him a blow on the left cheek,
as hard as he could. James Hitchman, one of his comrades,
immediately took the defendant into custody. 'Witness then
went to his barracks ; and soon afterwards the barrack-windows
were broken. This took place at about 7 o'clock.
Cross-examined.—He had been drinking for about an hour
and a half at the public-hOuse. He had no arms about him.
hen he came out he assisted Treck by laying about him as
well as he could ; but he did not strike the defendant. There
were about twenty persons attacking Treck when he came to
his assistance.
James Hitchman, also a private in the same-regiment, was in

his barracks on Sunday the 26th of August. He heard a great
noise in the street ; and some women looking out of the bar-
rack-Windows, cried out that the mob were murdering two of
their men in the street. Two or three soldiers instantly ran
out of the barracks to their assistance. He saw a mob knocking
Deligate about. There were twelve or thirteen persons heating
him. Deligate was, coining towards the barracks, when the
witness saw the defendant run up to him, and then !away from
him. He did not see him strike him, but Deligate said he had
struck him. Witness followed him fifty yards, took him, and
brought him to the barracks. The mob immediately com-
menced breaking the barrack-windows. There were thousands
in the mob. When the soldiers went out, they were spit upon.
He did not recollect any thing the mob had said. He heard
the windows breaking.
Thomas Taylor, a corporal in the first regiment of Life
Guards, swore that before seven o'clock on that evening a
mob was collected before the barracks, shouting and mak-
ing a great noise. Witness went out of the barracks soon after
Hitchman. He saw him follow and take the prisoner. He
assisted in carrying him to the guard-room. The crowd_
ran away as soon as the soldiers went out of the barrack-
gate. About 40 or 50 soldiers went out in all. Their Colonel
ordered them to return to their barracks. They did so. The
mob threw stones against the barrack-gate, after they had re-
turned, and broke 234 squares of glass. Ow or two squares
weree-broken before they went out.
Cross-examined.—He could not say how many soldiers were
in the street ; but there were none whep Treck was struck.
Mr. ALLEY.—Right, Sir, there's nothing like swearing
through a brick wall. Mr. Alley then addressed the Jury for
the defendant, and commented 54 some length on the evidence
in support of the prosecution. He did not mean to say that
the last witness perjured himself; he might have sworn as he
believed ; but it was not a little extraordinary that he had sworn
to a fact which he could not have seen, or have had the slightest
knowledge of. He (Mr. Alley) had avoided interrogating the
witnesses in any way which might lead to irritation. He was
confident the Jury must decide that the defendant was not
guilty of the riot ; and he was equally certain that they must
say no evidence had been offered to them upon which they could
find him guilty of the assault. • Mr. 'Walford had truly told
them that he (Mr. Alley) would have no witnesses to produce ;
but this was a strong fact in favour of his client. He went to
the place alone ; he knew none of the mob, and was taken away'
without being able to call on any one who might prove his
case. He had gone there merely as a spectator. Mr. Walford
had also said that many statements had been made of this af-
fair in various places ; but all these were to be thrown out of
the, case ; and if a doubt existed upon the present evidence,
law, justice, and humanity called upon them to find a verdict
of acquittal. No man more lamented that any irritation
should have taken place in the public mind than he (Mr.
Alley) did; but he had hoped that when the subject of the
late troubled scenes had retired from \our shores, the pretend.
ed liberality of those who conducted public prosecutions would
have held out the olive-branch of peace, instead of reviving
the embers of discord. He honoured the military profession,
in which he had many friends and relatives. But if there had
been any irritation in the minds of the soldiers, his,client should
not be made the scape-goat. He gave Alderman Waithman
great. credit for his conduct on that occasion : he had acted as
an honourable and humane Magistrate in ordering the soldiers
to retire to their barracks. The irritation' which then existed in
the minds of some people had since subsided ; ,and it was im-
prudent;.ill-advised, and, he would say, scandalous, to revive
those angry feelings by coming into Court to ask, not for jus-
tice, but for vengeance. It had been sworn that n soldier had
received a slap in the face ; but it could not be proved what in-
juries had been sustained by many individuals who were attend-
ing to the grave two unfortunate persons, who hadlest their lives
in a manner which must at least excite compassion. There was
no difference in law between this, and an ordinary quarrel in the
street, in which one of the parties mights in point of law, come
into Court ; but it was bad policy on the part of at individual,
and miserable on the part of Government. Could it be of any
public adVantage, that the defendant should be convicted and
handed over for exemplary punishment ? Why had Deligate,
and not the trumpeter been made the prosecutor ? Because, no
doubt the trumpeter had been the first to strike ; and although
he might have previously received much abusive language,
that would not haVe justified him in committing an assault.
But Deligate appeared first as a peacemaker, and that, they
thought, entitled him now to be a prosecutor. The probabi-
lity, however, was, that the defendant had been struck more
than once before he returned the blow. The, indictment
charged, that divers persons having unlawfully assembled,
with, intent' to commit a breach of the peace, &c. did certain
acts. Now, before the Jury could find the prisoner guilty of
the riot, they must be satisfied, that the assembly was unlawful.
Mere numbers did not constitute its being unlawful. Much
greater numbers frequently assembled for innocent pastime—
to kick football, for instance ; and, if they were opposed, sonic
of them might give a blow, but that did not constitute a riot.
If there was no evidence here of a riot before the prisoner was
taken into custody, he could not be answerable for the subse-
quent conduct of the mob. He (Mr. Alley) was confident that
the soldier, who was nominal prosecutor here% would have been
too manly and too honourable to complain where no injury had
been sustained, if he had not been sent to prosecUte, or rather
to persecute, by higher powers. But the Jury would judge of
the case as if it hacl,•been a quarrel in the street between a
lamplighter and a scavenger. Unless they were satisfied that
there 'was sufficient evidence to prove that the defendant was
the first to commit the assault, they would find a verdict of not
guilty. -
No witnesses being called for the defendant,
The Learned CHAIRMAN (Mr. Coast) proceeded to charge
the Jury. They had two questions to decide—namely, first,
whether the defendant, on the day laid in the indictment, had
been guilty of a riot ; and, secondly, whether or not he had
coMmittct the alleged assault. A mere assemblage of persons,
certainly; did not constitute a riot ; it depended upon their
conduct, and on the subject matter which had caused them to
assemble. it was no-objection to an assembly that it was nu-
merous. They. were often extremely numerous at a race-
' course, and other places. Before the Jury could convict the
prisoner, therefore, of the riot, they must be satisfied that the
assembly upon the present occasion was unlawful. It was ra-
ther an uncomfortable subject to discuss ; but it must be dis-
posed of according to its own circumstances. The evidence,
undoubtedly, was all on one side; and the Jury were to judge
of the intention of the assembly by their conduct. Nothing
had been said for the defendant, but that " he did not go to
this place.for the purpose of creating a riot ; and if there was
no riot before the defendant was taken away, he was not an-
swerable for what took place afterwards ;" but if there was a
previous riot. he was accountable for all that subsequently
occurred. With respect to any variance in the testimony of
the witnesses, the transaction, from all accounts, must have
caused great confusion, and witnesses might differ in some degree
without any intention of mis-statement. Deligate had admit-
ted very fairly that he laid about him as well as he could ; but
he said he did not strike the prisoner. Certainly the identity
of the prisoner rested on him alone. It was admitted by the
witnesses that they went out of their barracks without orders.
So far they acted in conformity to' the feelings of humanity
planted in every bosom, in going to the assistance of their com-
rade ; but, on the other hand, by going without orders, they re-
duced themselves to the level of other persons, and rendered
this like any ordinary quarrel. No answer had been given to the
fact of the blow, if the jury were satisfied of the identity of the pri-
soner as being the person who gave it. `frith every wish to do justice
to the country on the one side • and to the defendant on the other,
he (the Learned Chairman) thought that the less he said the
better. He would, however, read over the whole of the evi-
dence, if the Jury wished it..—(The Jury said it was unneces-
sary.)—Be their decision what it might, he hoped it would
show that those men who had, in every instance in which they
had appeared before the Court, conducted themselves well,
' would be protected while they continued to do so, as it was
, well known that they were liable tw severe punishment when
they acted otherwise.
The Jury, without a minute's deliberation, found a verdict
of Not Guilty of either the riot or the assault.
Mr. ADOLPHUS then rose and said, that in reply to an ob-
servation which hail fallen frorri Mr. Alley respecting the con-
duct of the Government in bringing forward this prosecution
now' he was bound to state, that the indictment had been found
last September, and it was owing to the defendant himself that
the delay had taken place in his trial ; and he at that moment
stood upon the humanity of the prosecutors in not having his
recognizances estreated.
Mr. ALLEY said, that the observation, which had been so
irregularly and improperly made after the Jury had returned
their verdict, called upon him to state that what he meant to
have said was, that if Government had come forward to-day to
say to the defendant they had forgotten and forgiven, he would
gladly have accepted the boon for his client ; and have thought
it good policy on their parts to have offered it.

[MORNING CHRONICLE.] i
• The cruelties of did Turks towards the Greeks
who happen to be in their power, of which we
receive details from time to time on good autho-
rity, are so dreadful, as, notwithstanding our
previous knowledge of these barbarians, almost
to stagger .belief. On getting possession of Ky-
donia, they disposed of 1,000 children (too
young for their brutal purposes), by tying
them two by two, and hanging them up on trees,
when they amused them Selves by shooting at them.
They afterwards cut them to pieces, in the manner
in which butchers cut up their meat. The Monaste-
ries of Mount.Athos de, ive their subsistence from
the estates they possess in Thessaly, Macedonia,
&c., which are superintended by people belonging
to the order. All these superintendents, to the
number of 1,200, were suddenly seized and
hung, without their having given the least offence,
and before the convents had risen, which they
were forced to do for their own safety. Of
these horrible cruelties We hear not a syllable
from our agents in Turkey, though the moment a
Greek, from the wrongs offered to his kindred,
is driven to retaliate, the outrage immediately
finds its way in an exaggerated' shape into the
Ministerial Journals.—However, from all that
we can understand, the Greeks are surmounting
gallantly their difficulties, and rising fast into a
consequence which will soon put them beyond
the reach of the malice of their enemies. We
learn from a gentleman who has had good op.
portunities of observing the Greeks lately in
various situations, that their spirit and de-
termination are beyond all praise; that the
peasantry were all desirous of, submitting to
regular exercise, that they perform their work in
the mornings and evenings, and leave their tools
'to be disciplined, and when called on to fight,
they display an enthusiasm hardly to be believed,
and a desperate valour. It is this intimate con-
viction which they nowhaVe of the necessity for
discipline and order (valour they have always had),
which gives the chief confidence to their friends.
They-have now several well disciplined regiments
and corps of artillery training ; and the camp of
Ypsilanti, in as far as order is concerned, has all
the appearance of that of a French, Austrian, or
Russian General.

[NEW TIMES.]
Yesterday was singularly unproductive of fo-
reign intelligence. Nothing was received from
the Continent : and from more distant parts of
the world the only arrival was that of a vessel
from Buenos Ayrei; but as she was 90 days on
her passage all the advises which she brought
had been already anticipated. The appearance
of the funds was favourable. Consols for the
Account opened at 784, and, after going through
a steady day, closed at 78+, looking well. It
was asserted, on , private authority, the ac-
curacy of which we have no reason to doubt,
though we do not pretend to vouch for it, that
the French Renter, which had closed at Paris on
Monday at 86-45, rose, on Tuesday, as high as
87-50. It is justly observed, that as vessels
sailed on the 11th ult. from Constantinople for
Odessa (which appears from the letters which we
yesterday quoted), and as no hint was even then
given of any probability that the communication
would be stopped, the peaceful relations of the

• [BRITISH PRESS.]
The Ministerial Papers have attempted to raise
a shout of triumph at the result of the recent
trial at Lancaster, as if a verdict for Captain
Birley and his Trumpeter determined the pro.:
priety of the measures pursued by the Magis-
trates at Manchester. We have hitherto con-
/tented ourselves with publishing the evidence
taken on this trial fully and impartially, and cer-
tainly should not now think of expressing an opi-
nion upon the matters therein detailed, had not
certain writers in the Ministerial Journals con-
ceived it a seasonable opportunity for repeating
assertions which ought not to be allowed to pass
uncontradicted. The form of the action tried at
Lancaster was unfortunately such as would not
suffer the merits of the Magistrates' conduct to
be fairly considered. The questions before the
Jury were simply these :—" Did Captain-Birley
and his Trumpeter act under the instructions of
the Magistrates ?—did the Magistrates conceive
that they were justified in/giving such instruc-
tions to Captain Birley's corps to advance into
the crowd ?—and did Redford, the Plaintiff, in
consequence of such advance, receive such an in-
jury as demanded reparation in damages ?" For
our own parts we think now as we did before the
trial, that, limited as was the nature of the
action with reference to the- questions that.
might be submitted to the view of the Jury, the
action ought not to have been brought, for no
one had ever doubted that the yeomanry had been
ordered by the Magistrates to execute a war-
rant against Hunt and his companions ; and from
the evidence collected at Bunt's trial, we were
aware . that the Magistrates could 'prove their
own fears and the fears of many other persons ;
and the decision of these two, points necessarily .
carried the determination of the question with re-
spect to Redford's special damage. But, after all,
what effect has this verdict upon the charac-.
ter of the discretion and conduct of the Ma-
gistrates ? Does it prove that, impressed- as
they had been for weeks before with a cer-
tain apprehension of danger to the safety
of Manchester; from such an assmblage of per-
sons as they had reason to anticipate, they were
justified in permitting the meeting to be held ?
Does it shew that they were warranted in suffer-
ing a second party of disciplined labourersi with
seditious ensigns and bands of music, to enter the
town of Manchester; or having witnessed the im-
mense multitude in Petersfield, previous to Hunt's
arrival, that they acted judiciously in suffering
this person to arrive on the field, and to com-
mence his dangerous harangue to this terrific
concourse of persons ?

The annual bill of mortality for this parish, for the last year,
has just been published. From this document We learn the
singUlar fact, that the population of Liverpool has decreased
during the year 1821. It appears the births have decreased 86,
whilst the burials have increased 340. In the marriages there
is also a decrease of 21.—( Liverpool Advertiser.)
On Saturday, at the Castle of Exeter, the 16 Frenchmen men-
tioned in our last Paper were brought before S. F. Milford and
J. Creswell, Esqrs. Magistrates for the county of Devon,
charged, on an information preferred against them by the Com-
missioners of Excise, with being found in a French lugger, of
about 50 tons burthen, off Ouerton head, with having on
board a considerable quantity of smuggled brandy and geneva.
—There appeared little doubt, from the evidence, that they
somet;mes employed themselves in fishing ' • but after a long in-
vestigation, and an attentive hearing of the exceptions, to
the information, they were all fully convicted of smuggling,
and were necessarily fined in the usual penalty of one hun-
dred pounds each, which not being able to pay, they were
committed to the county gaol. Attorney for the prosecu-
tion, Mr. C. Brutton ; sworn interpreter, Mr. Sanders. At-'
torney for the prisoners, Mr. W. H. Furlong. The Magis-
trates intimated an intention of api lying to Government for a
mitigation of the sentence.—( Exeter Flying Post, April 10.)