The Sun.
London, England, 1849-05-11 00:00:00

ITALY.

The Roman Monitor of the Ist gives the following
account of the attack of the French on the 30th
ult.--

" Rome, April 30.
" The French are in full march upon Rome. The
following placard has just been issued:—
"On the first sound of the alarm bells the holy
sacrament will be exposed in the principal churches to
implore the safety of Rome, and the triumph of the good
cause.
"The Triumvirs—AßMELLlNl, MAZZINI, SAFTI.
"Nine o'clock, A.M.—The corps of Garribaldi is
waiting to receive the enemy. The enemy, without any
official notice, has come in view of Rome with a cannon.
In the direction of the Portese-gate firing is heard.
"Half-past Ten.—The assault has commenced at the
Porta Cavelleggieri.
"A Quarter before Twelve.—The van-guard of the
enemy has made a retrograde movement. A body of
troops is taking up a position near the church of St.
ire
ga ugli.e r Our people are advancing to the Porta
withCavel-
a
red flag.
" A Quarter-past Twelve—The French cannon fire
upon the bastion.
" Half-past Twelve—Garribaldi is attacking at dif-
ferent points. An exchange of musketry has taken place.
There is fighting at the Villa Pamfili. Rockets are
thrown at the greater tastion.
" One o'clock—The firing at the Villa Pamfili has
ceased.

A Quarter before Two—The firing has commenecd
again under the walls of the Vatican. According to an
estafette from the Vatican, there was a false attack to
make our men turn out. The bastion most warmly at-
tacked is that which occupies the most advanced point
of the Vatican, at which there aro two howitzers. These
howitzers have been removed by our men, but we do not
asenogthreorunpd part."
at
t.” the
know where to. The enemy's cannon have taken up a
at thisrather
to lc
pos
VlTllhaeUm
Pamlili,'Tiu anvirate has published ,the following pro-
clamation :
padrt.
they Frenchhave movedramus-
ketsl will do the rest. Energy and order. Be worthy
" Romans '.—Our honour is safe ; God and our
of your fathers. Let no voice spread alarming news.
Let no shot be fired iu the interior of the city. Let
every shot' be for the enemy, and let every one cry Viva
la Republica.'

• " THE TRIUMTIRS.

" April 30, Half-past One P.M."'
" Three o'clock P.3l.—Our people bare fought at the
Porte Portese with great courage, in the name of God
and the people. The French cannon hare-become silent.
" Ten minutes past Three.—The French appear to be
discouraged.

" Twenty minutes past Three.—The French tirail-
" Five o
leursare falling back to their centre.
"Forty minutes past Three.—At the Porta Sancto
Pancrassia the French are beating a retreat; our tirail-
!curs put them to flight.
%..." Four o'clock.—The French cavalry fell back. Ponte-
Molle is rammed.
The loss of the Romans was 200 killed and wounded,
'clock.—All tiring has ceased."
that of the French 600 killed, several wounded, and
452 prisoners.
By a decree of the triumvirate all strangers remain-
ing peaceably in the city are put under the safe-
guard of the nation.
On the 29th of April the Spanish fleet appeared off
Terracina, and summoned it to surrender, and the
summons was at once complied with. Shortly after
the King
of NAPLES entered the town, and the
Spaniards formally gave the forts into the possession
of the Neapolitan troops.
General RAMORINO, condemned to death by the
military tribunal, was to be shot on the 7th, at
Turin.

The Ministers of England and France resident at
Florence have announced that the Grand Duke has
neither asked nor accepted Austrian intervention.

HOP INTELLIGENCE.—WORCESTER, MAY 9.—We
continue to have a good demand for hops, ard prices are
firmly maintained. All fine qualities both in new and
old have become very scarce.
THE DANES.—Dispatches from the Foreign-office
were sent down to Portsmouth on Wednesday, and
yesterday morning were embark:A on board her Ma-
j,!sty's steam sloop Hecate, Commander Aldham, at
Spithfixl, and that vessel proceeded at ten A for
Copenhagen.
UNITED SERVICE INLTITUTION, WHITEHALL-YARD.
—Yesterday, at five o'clock, his Royal Highness Prince
Albert visited this institution, and passed some time in
examining the various collections. His Royal Highness
was received by the Chairman of the Council, Colonel
Yorkn.

THE IRON TRADE.—BIRMINGHAM, THURSDAY. --
Although the men throughout the iron district are to-
lerably well employed, it is to be feared that the products
of the furnaces are rather gcirg to stock th:::u to sup;•ly
profitable consumption. The consequence that an
unstc2.diness of price amongst the small makers is talked
of, and some difficulty
cxi4ts_in raantainieg the guota-
tious of last quarter.

IN RE WILLIAM SMITH. O'BRIEN

AND OTHERS.

HOUSE OF LORDS.—(THIS DAY.)
WRIT OF ERROR.
JUDGMENT OF TilE COURT BELOW
AFFIRMED.
On their Lordships taking their scats this morning,
Mr. O'CALLAGHAN resumed the argument which had
been interrupt: d by the rising of the House yesterday.
He proposed to discuss the second question which arose
in the case, with reference to the right of the prisoner to
have a copy of the indictment, and of the list of the
witnesses, a certain time before his trial. It nee said
the sixth count of the it-licit:Tont imputed to the priso-
ner the "compassing the death of the Queen," and
though that offence was declared to be treason by the
36.11, Geo. 111., yet the compassing the death of the
Queen, which was imputed by the sixth count of the
indictment, was not such a compassing of the death of the
Queen as was declared to be treason in the other
statutes ; whilst the sixth count of the indictment was
founded on the statute of Edward alone. Ile took
leave to deny the distinction there drawn until it had
been recognised by the di vision of their Lordship.
in this case to b law. The Act of the 36. h Goo.
found the offtnee of compassing the death of the Queen
to be treason under the statute of Edward. It did not
profess to restrict the sense in which it so stood under
that former Act, or any specific intention to confine
itself to a certain class of cases which had been defined
to be treason under the former Act; it used over and
over again the same words which had been used in the
statute of Edward. It had been raid the words "of the
person" were not to be read in connexion with the
words " compassing the death of ;" but was there any
distinction in the eye of the law tween " the com-
passing the death of the Sovereign" and " the cony
passing the death of the person of the Sovereign?''
Even if the distinction existed, it was wonderful that
it should be relied on in the present case; for their
Lordships would find, en turning to the 6.h count,
tho first overt act which was laid was of such a chas
racier as to shut out any argument on this
case founded on such a distinction. That overt
act imputed to the prisoner the entering into a conspi-
racy to [ut our Lady the Queen to death, whereas there
was no design of aiming at the life of her Majesty laid
in the sixth count, on which it would have been open
for the Crown to give c viderce. It was idle to quibble
away that right by saying, that though that offence was
declared to be treason by the 57th of George 111., a per-
son was not indicted under that Act, but, independently
of that Act—that was to say, under the statute of Ed-
ward. That was his (Mr. O'Callaghan's) preliminary
objection; nud the reasoning he had pursued had found
acceptance in the mind of the eminent Lord Chief
Justice in the court below, and it was for that reason
that he (Mr. O'Calieglien) hoped to be ex-
cused for pressing it on their Lordships as
he had done. He thought he had established
that their Lerdships bad before them an indictment
charging a treason, in respect cf which that right—
namely, the right to have a copy of the indictment and
a list of the witnesses—was given, that was given in
England; and he then came to the question, whether,
taking the 57th George 111. and the I lth and 12th Vict.
together, the benefit of these two Acts was extended to
Ireland. One thing was clear, that their Lordships
would not have the slightest difficulty in determining
that in Ireland, as in England, the poisoner was so en-
titled. By the last Act it was clearly the intention of
the Legislature to extend to Ireland every provision of
the other two Acts, which were left unrepeeled in Eng-
land. There was no doubt about that intention, for it
was clearly indicated by the preamble of that Act; and
their Lordships were bound to give sff,et to that inter-
pretation if they could, seeing it was so clearly expressed
by the Legislature in the last Act.
At the conclusion of Mr. O'Callaghan's address,
which closed the case for the plaintiff in error,
The LORD CHANCELLOR (after having retired for a
short time) said—l have been consulting the Learned
Judges, and I think it my duty to state to the House the
result of that consultation, and the course proper to be
taken. The Learned Judges having heard the argu-
ments of both the plaintiff's in error, inform me that it is
their unanimous opinion that the errors assigned cannot
be maintained, and that the judgment of the Court
below must be affirmed. That is my own opinion; so
that unless there is any doubt in the minds of your
Lordships, it does not appear to me that there will be
any advantage in pursuing the argument.
Lord LYNDIIIIRST—I entirely agree with the opinion
expressed by the Noble and Learnsd Lord.
Lord BROUGHAM—I also entirely concur.
Lord CAMPBELL—I am quite of the same opinion.
Lord BROUGHAM then moved, formally, that the
Learned Jages should retire to consider their decision.
The LORD CHANCELLOR then reduced the question to
writing—whether the plaintiffs in error had maintained
the errors assigned—and put it to the Learned Judges.
The Leaned Judges retired, and, after being absent
for upwards of an hour, returned into Court, when
The Lord Chief Justice Winne delivered the judg-
ment of the Learned Judges. They were unanimously
of opinion, he said, that the plaintiffs in error had not
maintained their error. With respect to the question
whether the plaintiff in error was entitled to have a copy
of the indictment, the list of witnesses and of the jurors,
ten days before the trial, the Judges were of opinion
that plaintiffs were not entitled to have delivered to them
copies of those documents ten days before the trial.
The LORD CHANCEI.LOR said, having heard the grounds
of the opinion delivered by the Learned Judges, he did
not apprehend that their Lordships would feel any diffi-
culty in coming to the plain conclusion which the
Learned Judges had come to. In his own mind, he
never had any doubt as to the result of those writs of
error. The JUDGMENT MUST BE FOR THE
DEFENDANT.
Their Lordships then retired at a few minutes before
two o'clock.

EXCHEQUER.-(THIS DAY.)
(Sittings at Nisi Prius, at Westminster.)
The Court was more tha❑ usually crowded this morn-
ing, in consequence of the expected trial of Speed v.
Newman, which stood third upon the list, and in which a
large amount of damages were sought to be recovered
fur an alleged criminal conversation with the pl4intiff 's
wife. The trial of the first case, which was of an un•
important nature., occupied only a short time. The se-
cond one went off, and the jury having been sworn for the
next case, the auditors present were evidently preparing
themselves to hear an interesting series of detail, but to
their great disappointment Sir Frederick Thesiger, who
appeared for the plaintiff, got up and intimated that the
parties had agreed to a verdict for 1001.
Under the direction of Mr. Baron BOLT the jury
accordingly found a verdict for that amount, and many
of the disappointed parties left the Court.

SECONDARIES'.-(THIS DAY.)
(Before Mr. Secondary POTTER.)
CASH AND OTHERS V. UPTON.

The plaintiffs sued, as trustees of the National Provi-
dent AsscciAtion, to recover of the de'endant, who had
been one of their agents, the sum of 3051. 13s. I Id. for
moneys received by him in that capacity.
The defendant suffered judgment to go by default, and
admitted that the accounts furnished to him in which he
vvai debited with the above amount were correct.
Verdict for 3051. 13s. 1 Id.